Florida Senate - 2024                                    SB 1178
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-01522E-24                                           20241178__
    1                        A bill to be entitled                      
    2         An act relating to condominium and cooperative
    3         associations; amending s. 468.4334, F.S.; requiring
    4         community association managers and management firms to
    5         return official records of an association within a
    6         specified period following termination of a contract;
    7         providing a rebuttable presumption regarding
    8         noncompliance; providing penalties for the failure to
    9         timely return official records; creating s. 468.4335,
   10         F.S.; requiring community association managers and
   11         management firms to disclose certain conflicts of
   12         interest to the association’s board; providing a
   13         rebuttable presumption as to the existence of a
   14         conflict; requiring an association to consider
   15         multiple bids for goods or services under certain
   16         circumstances; providing requirements for an
   17         association to approve any contract or transaction
   18         deemed a conflict of interest; authorizing that any
   19         such contract may be canceled, subject to certain
   20         requirements; specifying liability and nonliability of
   21         the association upon cancellation of such a contract;
   22         authorizing an association to cancel a contract with a
   23         community association manager or management firm upon
   24         a finding of a violation of certain provisions;
   25         specifying liability and nonliability of the
   26         association upon cancellation of such a contract;
   27         authorizing an association to void a contract if
   28         certain conflicts were not disclosed in accordance
   29         with the act; defining the term “relative”; amending
   30         s. 468.436, F.S.; revising the list of grounds for
   31         which the Department of Business and Professional
   32         Regulation may take disciplinary actions against
   33         community association managers or firms to conform to
   34         changes made by the act; amending s. 718.103, F.S.;
   35         revising the definition of the term “alternative
   36         funding method” to conform to changes made by the act;
   37         defining the term “hurricane protection”; amending s.
   38         718.104, F.S.; requiring that declarations specify the
   39         entity responsible for the installation, maintenance,
   40         repair, or replacement of hurricane protection;
   41         amending s. 718.111, F.S.; providing criminal
   42         penalties for any officer, director, or manager of an
   43         association who unlawfully solicits, offers to accept,
   44         or accepts any thing or service of value or kickback;
   45         revising the list of records that constitute the
   46         official records of an association; revising
   47         maintenance requirements for official records;
   48         revising requirements regarding requests to inspect or
   49         copy association records; requiring an association to
   50         provide a checklist and affidavit in response to
   51         certain records requests; providing a rebuttable
   52         presumption regarding compliance; providing criminal
   53         penalties for certain violations regarding
   54         noncompliance with records requirements; defining the
   55         term “repeatedly”; requiring that copies of certain
   56         building permits be posted on an association’s website
   57         or application; modifying the method of delivery of
   58         certain letters regarding association financial
   59         reports to unit owners; conforming a provision to
   60         changes made by the act; revising circumstances under
   61         which an association may prepare certain reports;
   62         requiring an association to prepare certain financial
   63         statements if it invests funds in a certain manner;
   64         revising applicable law for criminal penalties for
   65         persons who unlawfully use a debit card issued in the
   66         name of an association; defining the term “lawful
   67         obligation of the association”; providing requirements
   68         for associations investing funds in certain investment
   69         products; providing duties of the board and any
   70         investment adviser selected by the board; revising the
   71         threshold for associations that must post certain
   72         documents on its website or through an application;
   73         amending s. 718.112, F.S.; requiring the boards of
   74         administration of associations consisting of more than
   75         a specified number of units to meet a minimum number
   76         of times each year; revising requirements regarding
   77         notice of such meetings; requiring a director of a
   78         board of an association to provide a written
   79         certification and complete an educational requirement
   80         upon election or appointment to the board; providing
   81         transitional provisions; requiring that an
   82         association’s budget include reserve amounts for
   83         planned maintenance, in lieu of deferred maintenance;
   84         authorizing the structural integrity reserve study to
   85         temporarily pause or limit reserve funding if certain
   86         conditions exist; requiring an association to
   87         distribute or deliver copies of a structural integrity
   88         reserve study to unit owners within a specified
   89         timeframe; specifying the manner of distribution or
   90         delivery; authorizing certain boards to approve
   91         contingent special assessments in order to secure a
   92         line of credit under certain circumstances; specifying
   93         requirements and limitations for any line of credit
   94         secured; revising the circumstances under which a
   95         director or an officer must be removed from office
   96         after being charged by information or indictment;
   97         prohibiting such officers and directors with pending
   98         criminal charges from accessing the official records
   99         of any association; providing an exception; providing
  100         criminal penalties for certain fraudulent voting
  101         activities relating to association elections; amending
  102         s. 718.113, F.S.; providing applicability;
  103         authorizing, rather than requiring, certain hurricane
  104         protection specifications; specifying that certain
  105         actions are not material alterations or substantial
  106         additions; authorizing the boards of residential and
  107         mixed-use condominiums to install or require the unit
  108         owners to install hurricane protection; requiring a
  109         vote of the unit owners for the installation of
  110         hurricane protection; requiring that such vote be
  111         attested to in a certificate and recorded in certain
  112         public records; providing requirements for such
  113         certificate; providing that the validity or
  114         enforceability of a vote of the unit owners is not
  115         affected if the board fails to record a certificate or
  116         send a copy of the recorded certificate to the unit
  117         owners; providing that a vote of the unit owners is
  118         not required under certain circumstances; prohibiting
  119         installation of the same type of hurricane protection
  120         previously installed; providing exceptions;
  121         prohibiting the boards of residential and mixed-use
  122         condominiums from refusing to approve certain
  123         hurricane protections; authorizing the board to
  124         require owners to adhere to certain guidelines
  125         regarding the external appearance of a condominium;
  126         revising responsibility for the cost of removal or
  127         reinstallation of hurricane protection and certain
  128         exterior windows, doors, or apertures in certain
  129         circumstances; requiring the board to make a certain
  130         determination; providing that costs incurred by the
  131         association in connection with such removal or
  132         installation completed by the association may not be
  133         charged to the unit owner; requiring reimbursement of
  134         the unit owner, or application of a credit toward
  135         future assessments, in certain circumstances;
  136         authorizing the association to collect charges if the
  137         association removes or installs hurricane protection
  138         and making such charges enforceable as an assessment;
  139         amending s. 718.115, F.S.; specifying when the cost of
  140         installation of hurricane protection is not a common
  141         expense; authorizing certain expenses to be
  142         enforceable as assessments; requiring that certain
  143         unit owners be excused from certain assessments or to
  144         receive a credit for hurricane protection that has
  145         been installed; providing credit applicability under
  146         certain circumstances; providing for the amount of
  147         credit that a unit owner must receive; specifying that
  148         certain expenses are common expenses; amending s.
  149         718.116, F.S.; requiring that the written notice of
  150         certain assessments be recorded in the public records;
  151         amending s. 718.121, F.S.; conforming a cross
  152         reference; amending s. 718.1224, F.S.; revising
  153         legislative findings and intent to conform to changes
  154         made by the act; revising the definition of the term
  155         “governmental entity”; prohibiting a condominium
  156         association from filing strategic lawsuits against
  157         public participation; prohibiting an association from
  158         taking certain action against a unit owner in response
  159         to specified conduct; prohibiting associations from
  160         expending association funds in support of certain
  161         actions against a unit owner; conforming provisions to
  162         changes made by the act; amending s. 718.301, F.S.;
  163         revising items that developers are required to deliver
  164         to an association upon relinquishing control of the
  165         association; amending s. 718.3026, F.S.; exempting
  166         contracts for registered investment advisers from
  167         certain contract requirements; amending s. 718.3027,
  168         F.S.; revising requirements regarding attendance at a
  169         board meeting in the event of a conflict of interest;
  170         modifying circumstances under which a contract may be
  171         voided; amending s. 718.303, F.S.; requiring that a
  172         notice of nonpayment be provided to a unit owner by a
  173         specified time before an election or a vote of
  174         association members; amending s. 718.501, F.S.;
  175         revising circumstances under which the Division of
  176         Florida Condominiums, Timeshares, and Mobile Homes has
  177         jurisdiction to investigate and enforce certain
  178         matters; requiring the division to provide official
  179         records, without charge, to a unit owner denied
  180         access; requiring the division to provide educational
  181         curriculum and issue a certificate, free of charge, to
  182         directors of a board of administration; requiring the
  183         division to refer suspected criminal acts to the
  184         appropriate law enforcement authority; authorizing
  185         certain division officials to attend association
  186         meetings; requiring the division to conduct random
  187         audits of associations for specified purposes;
  188         requiring that an association’s annual fee be filed
  189         concurrently with the annual certification; specifying
  190         requirements for the annual certification; amending s.
  191         718.618, F.S.; conforming a provision to changes made
  192         by the act; amending s. 719.106, F.S.; requiring that
  193         a cooperative association’s budget include reserve
  194         amounts for planned maintenance, in lieu of deferred
  195         maintenance; requiring an association to distribute or
  196         deliver copies of a structural integrity reserve study
  197         to unit owners within a specified timeframe;
  198         specifying the manner of distribution or delivery;
  199         conforming provisions to changes made by the act;
  200         amending s. 719.301, F.S.; revising items that
  201         developers are required to deliver to a cooperative
  202         association upon relinquishing control of association
  203         property; amending s. 719.618, F.S.; conforming a
  204         provision to changes made by the act; requiring the
  205         division to conduct a review of statutory requirements
  206         regarding posting of official records on a condominium
  207         association’s website or application; requiring the
  208         division to submit its findings, including any
  209         recommendations, to the Governor and the Legislature
  210         by a specified date; providing effective dates.
  211          
  212  Be It Enacted by the Legislature of the State of Florida:
  213  
  214         Section 1. Subsection (3) is added to section 468.4334,
  215  Florida Statutes, to read:
  216         468.4334 Professional practice standards; liability.—
  217         (3) A community association manager or a community
  218  association management firm shall return all community
  219  association official records within its possession to the
  220  community association within 20 business days after termination
  221  of a contractual agreement to provide community association
  222  management services to the community association or receipt of a
  223  written request for return of the official records, whichever
  224  occurs first. Failure of a community association manager or a
  225  community association management firm to timely return all of
  226  the official records within its possession to the community
  227  association creates a rebuttable presumption that the
  228  association willfully failed to comply with this subsection. A
  229  community association manager or a community association
  230  management firm that fails to timely return community
  231  association records is subject to suspension of its license
  232  under s. 468.436, and a civil penalty of $1,000 per day for up
  233  to 10 days, assessed beginning on the 21st day after termination
  234  of a contractual agreement to provide community association
  235  management services to the community association or receipt of a
  236  written request from the association for return of the records,
  237  whichever occurs first.
  238         Section 2. Section 468.4335, Florida Statutes, is created
  239  to read:
  240         468.4335 Conflicts of interest.—
  241         (1) A community association manager or a community
  242  association management firm, including directors, officers,
  243  persons with a financial interest in a community association
  244  management firm, and the relatives of such persons, must
  245  disclose to the board any activity that may reasonably be
  246  construed to be a conflict of interest. A rebuttable presumption
  247  of a conflict of interest exists if any of the following occurs
  248  without prior notice, as required in subsection (5):
  249         (a) A community association manager or a community
  250  association management firm, including directors, officers,
  251  persons with a financial interest in a community association
  252  management firm, or the relative of such persons, enters into a
  253  contract for goods or services with the association.
  254         (b) A community association manager or a community
  255  association management firm, including directors, officers,
  256  persons with a financial interest in a community association
  257  management firm, or the relative of such persons, holds an
  258  interest in a corporation, limited liability corporation,
  259  partnership, limited liability partnership, or other business
  260  entity that conducts business with the association or proposes
  261  to enter into a contract or other transaction with the
  262  association.
  263         (2) If the association receives and considers a bid to
  264  provide a good or service, other than community association
  265  management services, from a community association manager or a
  266  community association management firm, including directors,
  267  officers, persons with a financial interest in a community
  268  association management firm, or a relative of such persons, the
  269  association must also consider at least three bids from other
  270  third-party providers of such good or service.
  271         (3) If a community association manager or a community
  272  association management firm, including directors, officers,
  273  persons with a financial interest in a community association
  274  management firm, or the relative of such persons, proposes to
  275  engage in an activity that is a conflict of interest as
  276  described in subsection (1), the proposed activity must be
  277  listed on, and all contracts and transactional documents related
  278  to the proposed activity must be attached to, the meeting
  279  agenda. The disclosures must be entered into the written minutes
  280  of the meeting. Approval of the contract or other transaction
  281  requires an affirmative vote of two-thirds of all other
  282  directors present. At the next regular or special meeting of the
  283  members, the existence of the contract or other transaction must
  284  be disclosed to the members. Upon motion of any member, the
  285  contract or transaction must be brought up for a vote and may be
  286  canceled by a majority vote of the members present. If the
  287  contract is canceled, the association is liable only for the
  288  reasonable value of the goods and services provided up to the
  289  time of cancellation and is not liable for any termination fee,
  290  liquidated damages, or other form of penalty for such
  291  cancellation.
  292         (4) If the board finds that a community association manager
  293  or a community association management firm, including directors,
  294  officers, persons with a financial interest in a community
  295  association management firm, or the relative of such persons,
  296  has violated this section, the association may cancel its
  297  community association management contract with the community
  298  association manager or the community association management
  299  firm. If the contract is canceled, the association is liable
  300  only for the reasonable value of the management services
  301  provided up to the time of cancellation and is not liable for
  302  any termination fee, liquidated damages, or other form of
  303  penalty for such cancellation.
  304         (5) If an association enters into a contract with a
  305  community association manager or a community association
  306  management firm, including directors, officers, persons with a
  307  financial interest in a community association management firm,
  308  or the relative of such persons, which is a party to or has an
  309  interest in an activity that is a possible conflict of interest
  310  as described in subsection (1) and that activity has not been
  311  properly disclosed as a conflict of interest or potential
  312  conflict of interest as required by this section, the contract
  313  is voidable and terminates upon the association filing a written
  314  notice terminating the contract with its board of directors
  315  which contains the consent of at least 20 percent of the voting
  316  interests of the association.
  317         (6) As used in this section, the term “relative” means a
  318  relative within the third degree of consanguinity by blood or
  319  marriage.
  320         Section 3. Paragraph (b) of subsection (2) of section
  321  468.436, Florida Statutes, is amended to read:
  322         468.436 Disciplinary proceedings.—
  323         (2) The following acts constitute grounds for which the
  324  disciplinary actions in subsection (4) may be taken:
  325         (b)1. Violation of any provision of this part.
  326         2. Violation of any lawful order or rule rendered or
  327  adopted by the department or the council.
  328         3. Being convicted of or pleading nolo contendere to a
  329  felony in any court in the United States.
  330         4. Obtaining a license or certification or any other order,
  331  ruling, or authorization by means of fraud, misrepresentation,
  332  or concealment of material facts.
  333         5. Committing acts of gross misconduct or gross negligence
  334  in connection with the profession.
  335         6. Contracting, on behalf of an association, with any
  336  entity in which the licensee has a financial interest that is
  337  not disclosed.
  338         7. Failing to disclose any conflict of interest as required
  339  by s. 468.4335.
  340         8. Violating any provision of chapter 718, chapter 719, or
  341  chapter 720 during the course of performing community
  342  association management services pursuant to a contract with a
  343  community association as defined in s. 468.431(1).
  344         Section 4. Present subsections (19) through (32) of section
  345  718.103, Florida Statutes, are redesignated as subsections (20)
  346  through (33), respectively, a new subsection (19) is added to
  347  that section, and subsection (1) of that section is amended, to
  348  read:
  349         718.103 Definitions.—As used in this chapter, the term:
  350         (1) “Alternative funding method” means a method approved by
  351  the division for funding the capital expenditures and planned
  352  deferred maintenance obligations for a multicondominium
  353  association operating at least 25 condominiums which may
  354  reasonably be expected to fully satisfy the association’s
  355  reserve funding obligations by the allocation of funds in the
  356  annual operating budget.
  357         (19) “Hurricane protection” means hurricane shutters,
  358  impact glass, code-compliant windows or doors, and other code
  359  compliant hurricane protection products used to preserve and
  360  protect the condominium property or association property.
  361         Section 5. Paragraph (p) is added to subsection (4) of
  362  section 718.104, Florida Statutes, to read:
  363         718.104 Creation of condominiums; contents of declaration.
  364  Every condominium created in this state shall be created
  365  pursuant to this chapter.
  366         (4) The declaration must contain or provide for the
  367  following matters:
  368         (p) For both residential condominiums and mixed-use
  369  condominiums, a statement that specifies whether the unit owner
  370  or the association is responsible for the installation,
  371  maintenance, repair, or replacement of hurricane protection that
  372  is for the preservation and protection of the condominium
  373  property and association property.
  374         Section 6. Paragraph (a) of subsection (1) and subsections
  375  (12), (13), and (15) of section 718.111, Florida Statutes, are
  376  amended, and subsection (16) is added to that section, to read:
  377         718.111 The association.—
  378         (1) CORPORATE ENTITY.—
  379         (a) The operation of the condominium shall be by the
  380  association, which must be a Florida corporation for profit or a
  381  Florida corporation not for profit. However, any association
  382  which was in existence on January 1, 1977, need not be
  383  incorporated. The owners of units shall be shareholders or
  384  members of the association. The officers and directors of the
  385  association have a fiduciary relationship to the unit owners. It
  386  is the intent of the Legislature that nothing in this paragraph
  387  shall be construed as providing for or removing a requirement of
  388  a fiduciary relationship between any manager employed by the
  389  association and the unit owners. An officer, director, or
  390  manager may not solicit, offer to accept, or accept any thing or
  391  service of value or kickback for which consideration has not
  392  been provided for his or her own benefit or that of his or her
  393  immediate family, from any person providing or proposing to
  394  provide goods or services to the association. Any such officer,
  395  director, or manager who knowingly so solicits, offers to
  396  accept, or accepts any thing or service of value or kickback
  397  commits a felony of the third degree, punishable as provided in
  398  s. 775.082, s. 775.083, or s. 775.084, and is subject to a civil
  399  penalty pursuant to s. 718.501(1)(d) and, if applicable, a
  400  criminal penalty as provided in paragraph (d). However, this
  401  paragraph does not prohibit an officer, director, or manager
  402  from accepting services or items received in connection with
  403  trade fairs or education programs. An association may operate
  404  more than one condominium.
  405         (12) OFFICIAL RECORDS.—
  406         (a) From the inception of the association, the association
  407  shall maintain each of the following items, if applicable, which
  408  constitutes the official records of the association:
  409         1. A copy of the plans, permits, warranties, and other
  410  items provided by the developer under s. 718.301(4).
  411         2. A photocopy of the recorded declaration of condominium
  412  of each condominium operated by the association and each
  413  amendment to each declaration.
  414         3. A photocopy of the recorded bylaws of the association
  415  and each amendment to the bylaws.
  416         4. A certified copy of the articles of incorporation of the
  417  association, or other documents creating the association, and
  418  each amendment thereto.
  419         5. A copy of the current rules of the association.
  420         6. A book or books that contain the minutes of all meetings
  421  of the association, the board of administration, and the unit
  422  owners.
  423         7. A current roster of all unit owners and their mailing
  424  addresses, unit identifications, voting certifications, and, if
  425  known, telephone numbers. The association shall also maintain
  426  the e-mail addresses and facsimile numbers of unit owners
  427  consenting to receive notice by electronic transmission. The e
  428  mail addresses and facsimile numbers are not accessible to unit
  429  owners if consent to receive notice by electronic transmission
  430  is not provided in accordance with sub-subparagraph (c)5.e.
  431  (c)3.e. However, the association is not liable for an
  432  inadvertent disclosure of the e-mail address or facsimile number
  433  for receiving electronic transmission of notices.
  434         8. All current insurance policies of the association and
  435  condominiums operated by the association.
  436         9. A current copy of any management agreement, lease, or
  437  other contract to which the association is a party or under
  438  which the association or the unit owners have an obligation or
  439  responsibility.
  440         10. Bills of sale or transfer for all property owned by the
  441  association.
  442         11. Accounting records for the association and separate
  443  accounting records for each condominium that the association
  444  operates. Any person who knowingly or intentionally defaces or
  445  destroys such records, or who knowingly or intentionally fails
  446  to create or maintain such records, with the intent of causing
  447  harm to the association or one or more of its members, is
  448  personally subject to a civil penalty pursuant to s.
  449  718.501(1)(d). The accounting records must include, but are not
  450  limited to:
  451         a. Accurate, itemized, and detailed records of all receipts
  452  and expenditures.
  453         b. All invoices, transaction receipts, deposit slips, or
  454  other underlying documentation that substantiates any receipt or
  455  expenditure of funds by the association.
  456         c. A current account and a monthly, bimonthly, or quarterly
  457  statement of the account for each unit designating the name of
  458  the unit owner, the due date and amount of each assessment, the
  459  amount paid on the account, and the balance due.
  460         d.c. All audits, reviews, accounting statements, structural
  461  integrity reserve studies, and financial reports of the
  462  association or condominium. Structural integrity reserve studies
  463  must be maintained for at least 15 years after the study is
  464  completed.
  465         e.d. All contracts for work to be performed. Bids for work
  466  to be performed are also considered official records and must be
  467  maintained by the association for at least 1 year after receipt
  468  of the bid.
  469         12. Ballots, sign-in sheets, voting proxies, and all other
  470  papers and electronic records relating to voting by unit owners,
  471  which must be maintained for 1 year from the date of the
  472  election, vote, or meeting to which the document relates,
  473  notwithstanding paragraph (b).
  474         13. All rental records if the association is acting as
  475  agent for the rental of condominium units.
  476         14. A copy of the current question and answer sheet as
  477  described in s. 718.504.
  478         15. A copy of the inspection reports described in ss.
  479  553.899 and 718.301(4)(p) and any other inspection report
  480  relating to a structural or life safety inspection of
  481  condominium property. Such record must be maintained by the
  482  association for 15 years after receipt of the report.
  483         16. Bids for materials, equipment, or services.
  484         17. All affirmative acknowledgments made pursuant to s.
  485  718.121(4)(c).
  486         18. A copy of the investment policy statement adopted
  487  pursuant to paragraph (16)(c).
  488         19. A copy of all building permits.
  489         20. All other written records of the association not
  490  specifically included in the foregoing which are related to the
  491  operation of the association.
  492         (b) The official records specified in subparagraphs (a)1.
  493  6. must be permanently maintained from the inception of the
  494  association. Bids for work to be performed or for materials,
  495  equipment, or services must be maintained for at least 1 year
  496  after receipt of the bid. All other official records must be
  497  maintained within the state for at least 7 years, unless
  498  otherwise provided by general law. The official records must be
  499  maintained in an organized manner that facilitates inspection of
  500  the records by a unit owner. The obligation to maintain official
  501  records includes the obligation to obtain and recreate those
  502  records to the fullest extent possible in the event that the
  503  records are lost, destroyed, or otherwise unavailable. The
  504  records of the association shall be made available to a unit
  505  owner within 45 miles of the condominium property or within the
  506  county in which the condominium property is located within 10
  507  working days after receipt of a written request by the board or
  508  its designee. However, such distance requirement does not apply
  509  to an association governing a timeshare condominium. This
  510  paragraph and paragraph (c) may be complied with by having a
  511  copy of the official records of the association available for
  512  inspection or copying on the condominium property or association
  513  property, or the association may offer the option of making the
  514  records available to a unit owner electronically via the
  515  Internet as provided under paragraph (g) or by allowing the
  516  records to be viewed in electronic format on a computer screen
  517  and printed upon request. The association is not responsible for
  518  the use or misuse of the information provided to an association
  519  member or his or her authorized representative in compliance
  520  with this chapter unless the association has an affirmative duty
  521  not to disclose such information under this chapter.
  522         (c)1.a. The official records of the association are open to
  523  inspection by any association member and any person authorized
  524  by an association member as a representative of such member at
  525  all reasonable times. The right to inspect the records includes
  526  the right to make or obtain copies, at the reasonable expense,
  527  if any, of the member and of the person authorized by the
  528  association member as a representative of such member. A renter
  529  of a unit has a right to inspect and copy only the declaration
  530  of condominium, the association’s bylaws and rules, and the
  531  inspection reports described in ss. 553.899 and 718.301(4)(p).
  532  The association may adopt reasonable rules regarding the
  533  frequency, time, location, notice, and manner of record
  534  inspections and copying but may not require a member to
  535  demonstrate any purpose or state any reason for the inspection.
  536  The failure of an association to provide the records within 10
  537  working days after receipt of a written request creates a
  538  rebuttable presumption that the association willfully failed to
  539  comply with this paragraph. A unit owner who is denied access to
  540  official records is entitled to the actual damages or minimum
  541  damages for the association’s willful failure to comply. Minimum
  542  damages are $50 per calendar day for up to 10 days, beginning on
  543  the 11th working day after receipt of the written request. The
  544  failure to permit inspection entitles any person prevailing in
  545  an enforcement action to recover reasonable attorney fees from
  546  the person in control of the records who, directly or
  547  indirectly, knowingly denied access to the records. If the
  548  requested records are posted on an association’s website, the
  549  association may fulfill its obligations as provided under this
  550  paragraph by directing to the website all persons authorized to
  551  request access to official records pursuant to this paragraph.
  552         b.In response to a statutorily compliant written request
  553  to inspect records, the association must simultaneously provide
  554  a checklist to the requestor of all records made available for
  555  inspection and copying and a sworn affidavit in which the person
  556  facilitating or handling the association’s compliance with the
  557  request attests to the veracity of the checklist provided to the
  558  requestor. The checklist must also identify any of the
  559  association’s official records that were not made available to
  560  the requestor. An association must maintain a checklist provided
  561  under this sub-subparagraph for 7 years. An association
  562  delivering a checklist and affidavit pursuant to this sub
  563  subparagraph creates a rebuttable presumption that the
  564  association has complied with this paragraph.
  565         2. Any director or member of the board or association or a
  566  community association manager who knowingly, willfully, and
  567  repeatedly violates subparagraph 1. commits a misdemeanor of the
  568  second degree, punishable as provided in s. 775.082 or s.
  569  775.083. For purposes of this subparagraph, the term
  570  “repeatedly” means two or more violations within a 12-month
  571  period.
  572         3.2. Any person who knowingly or intentionally defaces or
  573  destroys accounting records that are required by this chapter to
  574  be maintained during the period for which such records are
  575  required to be maintained, or who knowingly or intentionally
  576  fails to create or maintain accounting records that are required
  577  to be created or maintained, with the intent of causing harm to
  578  the association or one or more of its members, is personally
  579  subject to a civil penalty pursuant to s. 718.501(1)(d).
  580         4. Any person who willfully and knowingly refuses to
  581  release or otherwise produce association records with the intent
  582  to avoid or escape detection, arrest, trial, or punishment for
  583  the commission of a crime, or to assist another person with such
  584  avoidance or escape, commits a felony of the third degree,
  585  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  586         5.3. The association shall maintain an adequate number of
  587  copies of the declaration, articles of incorporation, bylaws,
  588  and rules, and all amendments to each of the foregoing, as well
  589  as the question and answer sheet as described in s. 718.504 and
  590  year-end financial information required under this section, on
  591  the condominium property to ensure their availability to unit
  592  owners and prospective purchasers, and may charge its actual
  593  costs for preparing and furnishing these documents to those
  594  requesting the documents. An association shall allow a member or
  595  his or her authorized representative to use a portable device,
  596  including a smartphone, tablet, portable scanner, or any other
  597  technology capable of scanning or taking photographs, to make an
  598  electronic copy of the official records in lieu of the
  599  association’s providing the member or his or her authorized
  600  representative with a copy of such records. The association may
  601  not charge a member or his or her authorized representative for
  602  the use of a portable device. Notwithstanding this paragraph,
  603  the following records are not accessible to unit owners:
  604         a. Any record protected by the lawyer-client privilege as
  605  described in s. 90.502 and any record protected by the work
  606  product privilege, including a record prepared by an association
  607  attorney or prepared at the attorney’s express direction, which
  608  reflects a mental impression, conclusion, litigation strategy,
  609  or legal theory of the attorney or the association, and which
  610  was prepared exclusively for civil or criminal litigation or for
  611  adversarial administrative proceedings, or which was prepared in
  612  anticipation of such litigation or proceedings until the
  613  conclusion of the litigation or proceedings.
  614         b. Information obtained by an association in connection
  615  with the approval of the lease, sale, or other transfer of a
  616  unit.
  617         c. Personnel records of association or management company
  618  employees, including, but not limited to, disciplinary, payroll,
  619  health, and insurance records. For purposes of this sub
  620  subparagraph, the term “personnel records” does not include
  621  written employment agreements with an association employee or
  622  management company, or budgetary or financial records that
  623  indicate the compensation paid to an association employee.
  624         d. Medical records of unit owners.
  625         e. Social security numbers, driver license numbers, credit
  626  card numbers, e-mail addresses, telephone numbers, facsimile
  627  numbers, emergency contact information, addresses of a unit
  628  owner other than as provided to fulfill the association’s notice
  629  requirements, and other personal identifying information of any
  630  person, excluding the person’s name, unit designation, mailing
  631  address, property address, and any address, e-mail address, or
  632  facsimile number provided to the association to fulfill the
  633  association’s notice requirements. Notwithstanding the
  634  restrictions in this sub-subparagraph, an association may print
  635  and distribute to unit owners a directory containing the name,
  636  unit address, and all telephone numbers of each unit owner.
  637  However, an owner may exclude his or her telephone numbers from
  638  the directory by so requesting in writing to the association. An
  639  owner may consent in writing to the disclosure of other contact
  640  information described in this sub-subparagraph. The association
  641  is not liable for the inadvertent disclosure of information that
  642  is protected under this sub-subparagraph if the information is
  643  included in an official record of the association and is
  644  voluntarily provided by an owner and not requested by the
  645  association.
  646         f. Electronic security measures that are used by the
  647  association to safeguard data, including passwords.
  648         g. The software and operating system used by the
  649  association which allow the manipulation of data, even if the
  650  owner owns a copy of the same software used by the association.
  651  The data is part of the official records of the association.
  652         h. All affirmative acknowledgments made pursuant to s.
  653  718.121(4)(c).
  654         (d) The association shall prepare a question and answer
  655  sheet as described in s. 718.504, and shall update it annually.
  656         (e)1. The association or its authorized agent is not
  657  required to provide a prospective purchaser or lienholder with
  658  information about the condominium or the association other than
  659  information or documents required by this chapter to be made
  660  available or disclosed. The association or its authorized agent
  661  may charge a reasonable fee to the prospective purchaser,
  662  lienholder, or the current unit owner for providing good faith
  663  responses to requests for information by or on behalf of a
  664  prospective purchaser or lienholder, other than that required by
  665  law, if the fee does not exceed $150 plus the reasonable cost of
  666  photocopying and any attorney’s fees incurred by the association
  667  in connection with the response.
  668         2. An association and its authorized agent are not liable
  669  for providing such information in good faith pursuant to a
  670  written request if the person providing the information includes
  671  a written statement in substantially the following form: “The
  672  responses herein are made in good faith and to the best of my
  673  ability as to their accuracy.”
  674         (f) An outgoing board or committee member must relinquish
  675  all official records and property of the association in his or
  676  her possession or under his or her control to the incoming board
  677  within 5 days after the election. The division shall impose a
  678  civil penalty as set forth in s. 718.501(1)(d)6. against an
  679  outgoing board or committee member who willfully and knowingly
  680  fails to relinquish such records and property.
  681         (g)1. By January 1, 2019, an association managing a
  682  condominium with 150 or more units which does not contain
  683  timeshare units shall post digital copies of the documents
  684  specified in subparagraph 2. on its website or make such
  685  documents available through an application that can be
  686  downloaded on a mobile device.
  687         a. The association’s website or application must be:
  688         (I) An independent website, application, or web portal
  689  wholly owned and operated by the association; or
  690         (II) A website, application, or web portal operated by a
  691  third-party provider with whom the association owns, leases,
  692  rents, or otherwise obtains the right to operate a web page,
  693  subpage, web portal, collection of subpages or web portals, or
  694  an application which is dedicated to the association’s
  695  activities and on which required notices, records, and documents
  696  may be posted or made available by the association.
  697         b. The association’s website or application must be
  698  accessible through the Internet and must contain a subpage, web
  699  portal, or other protected electronic location that is
  700  inaccessible to the general public and accessible only to unit
  701  owners and employees of the association.
  702         c. Upon a unit owner’s written request, the association
  703  must provide the unit owner with a username and password and
  704  access to the protected sections of the association’s website or
  705  application which contain any notices, records, or documents
  706  that must be electronically provided.
  707         2. A current copy of the following documents must be posted
  708  in digital format on the association’s website or application:
  709         a. The recorded declaration of condominium of each
  710  condominium operated by the association and each amendment to
  711  each declaration.
  712         b. The recorded bylaws of the association and each
  713  amendment to the bylaws.
  714         c. The articles of incorporation of the association, or
  715  other documents creating the association, and each amendment to
  716  the articles of incorporation or other documents. The copy
  717  posted pursuant to this sub-subparagraph must be a copy of the
  718  articles of incorporation filed with the Department of State.
  719         d. The rules of the association.
  720         e. A list of all executory contracts or documents to which
  721  the association is a party or under which the association or the
  722  unit owners have an obligation or responsibility and, after
  723  bidding for the related materials, equipment, or services has
  724  closed, a list of bids received by the association within the
  725  past year. Summaries of bids for materials, equipment, or
  726  services which exceed $500 must be maintained on the website or
  727  application for 1 year. In lieu of summaries, complete copies of
  728  the bids may be posted.
  729         f. The annual budget required by s. 718.112(2)(f) and any
  730  proposed budget to be considered at the annual meeting.
  731         g. The financial report required by subsection (13) and any
  732  monthly income or expense statement to be considered at a
  733  meeting.
  734         h. The certification of each director required by s.
  735  718.112(2)(d)4.b.
  736         i. All contracts or transactions between the association
  737  and any director, officer, corporation, firm, or association
  738  that is not an affiliated condominium association or any other
  739  entity in which an association director is also a director or
  740  officer and financially interested.
  741         j. Any contract or document regarding a conflict of
  742  interest or possible conflict of interest as provided in ss.
  743  468.4335, 468.436(2)(b)6., and 718.3027(3).
  744         k. The notice of any unit owner meeting and the agenda for
  745  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  746  days before the meeting. The notice must be posted in plain view
  747  on the front page of the website or application, or on a
  748  separate subpage of the website or application labeled “Notices”
  749  which is conspicuously visible and linked from the front page.
  750  The association must also post on its website or application any
  751  document to be considered and voted on by the owners during the
  752  meeting or any document listed on the agenda at least 7 days
  753  before the meeting at which the document or the information
  754  within the document will be considered.
  755         l. Notice of any board meeting, the agenda, and any other
  756  document required for the meeting as required by s.
  757  718.112(2)(c), which must be posted no later than the date
  758  required for notice under s. 718.112(2)(c).
  759         m. The inspection reports described in ss. 553.899 and
  760  718.301(4)(p) and any other inspection report relating to a
  761  structural or life safety inspection of condominium property.
  762         n. The association’s most recent structural integrity
  763  reserve study, if applicable.
  764         o. Copies of all building permits issued for ongoing or
  765  planned construction.
  766         3. The association shall ensure that the information and
  767  records described in paragraph (c), which are not allowed to be
  768  accessible to unit owners, are not posted on the association’s
  769  website or application. If protected information or information
  770  restricted from being accessible to unit owners is included in
  771  documents that are required to be posted on the association’s
  772  website or application, the association shall ensure the
  773  information is redacted before posting the documents.
  774  Notwithstanding the foregoing, the association or its agent is
  775  not liable for disclosing information that is protected or
  776  restricted under this paragraph unless such disclosure was made
  777  with a knowing or intentional disregard of the protected or
  778  restricted nature of such information.
  779         4. The failure of the association to post information
  780  required under subparagraph 2. is not in and of itself
  781  sufficient to invalidate any action or decision of the
  782  association’s board or its committees.
  783         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  784  the fiscal year, or annually on a date provided in the bylaws,
  785  the association shall prepare and complete, or contract for the
  786  preparation and completion of, a financial report for the
  787  preceding fiscal year. Within 21 days after the final financial
  788  report is completed by the association or received from the
  789  third party, but not later than 120 days after the end of the
  790  fiscal year or other date as provided in the bylaws, the
  791  association shall deliver mail to each unit owner, by United
  792  States mail or personal delivery at the mailing address,
  793  property address, e-mail address, or facsimile number provided
  794  to fulfill the association’s notice requirements at the address
  795  last furnished to the association by the unit owner, or hand
  796  deliver to each unit owner, a copy of the management letter or
  797  opinion letter, as applicable, for the most recent financial
  798  report, and or a notice that a copy of the most recent financial
  799  report will be mailed or hand delivered to the unit owner,
  800  without charge, within 5 business days after receipt of a
  801  written request from the unit owner. The division shall adopt
  802  rules setting forth uniform accounting principles and standards
  803  to be used by all associations and addressing the financial
  804  reporting requirements for multicondominium associations. The
  805  rules must include, but not be limited to, standards for
  806  presenting a summary of association reserves, including a good
  807  faith estimate disclosing the annual amount of reserve funds
  808  that would be necessary for the association to fully fund
  809  reserves for each reserve item based on the straight-line
  810  accounting method. This disclosure is not applicable to reserves
  811  funded via the pooling method. In adopting such rules, the
  812  division shall consider the number of members and annual
  813  revenues of an association. Financial reports shall be prepared
  814  as follows:
  815         (a) An association that meets the criteria of this
  816  paragraph shall prepare a complete set of financial statements
  817  in accordance with generally accepted accounting principles. The
  818  financial statements must be based upon the association’s total
  819  annual revenues, as follows:
  820         1. An association with total annual revenues of $150,000 or
  821  more, but less than $300,000, shall prepare compiled financial
  822  statements.
  823         2. An association with total annual revenues of at least
  824  $300,000, but less than $500,000, shall prepare reviewed
  825  financial statements.
  826         3. An association with total annual revenues of $500,000 or
  827  more shall prepare audited financial statements.
  828         (b)1. An association with total annual revenues of less
  829  than $150,000 shall prepare a report of cash receipts and
  830  expenditures.
  831         2. A report of cash receipts and disbursements must
  832  disclose the amount of receipts by accounts and receipt
  833  classifications and the amount of expenses by accounts and
  834  expense classifications, including, but not limited to, the
  835  following, as applicable: costs for security, professional and
  836  management fees and expenses, taxes, costs for recreation
  837  facilities, expenses for refuse collection and utility services,
  838  expenses for lawn care, costs for building maintenance and
  839  repair, insurance costs, administration and salary expenses, and
  840  reserves accumulated and expended for capital expenditures,
  841  planned deferred maintenance, and any other category for which
  842  the association maintains reserves.
  843         (c) An association may prepare, without a meeting of or
  844  approval by the unit owners:
  845         1. Compiled, reviewed, or audited financial statements, if
  846  the association is required to prepare a report of cash receipts
  847  and expenditures;
  848         2. Reviewed or audited financial statements, if the
  849  association is required to prepare compiled financial
  850  statements; or
  851         3. Audited financial statements if the association is
  852  required to prepare reviewed financial statements.
  853         (d) Unless an association invests funds pursuant to
  854  paragraph (16)(b), and only if approved by a majority of the
  855  voting interests present at a properly called meeting of the
  856  association, an association may prepare:
  857         1. A report of cash receipts and expenditures in lieu of a
  858  compiled, reviewed, or audited financial statement;
  859         2. A report of cash receipts and expenditures or a compiled
  860  financial statement in lieu of a reviewed or audited financial
  861  statement; or
  862         3. A report of cash receipts and expenditures, a compiled
  863  financial statement, or a reviewed financial statement in lieu
  864  of an audited financial statement.
  865  
  866  Such meeting and approval must occur before the end of the
  867  fiscal year and is effective only for the fiscal year in which
  868  the vote is taken. An association may not prepare a financial
  869  report pursuant to this paragraph for consecutive fiscal years,
  870  except that the approval may also be effective for the following
  871  fiscal year. If the developer has not turned over control of the
  872  association, all unit owners, including the developer, may vote
  873  on issues related to the preparation of the association’s
  874  financial reports, from the date of incorporation of the
  875  association through the end of the second fiscal year after the
  876  fiscal year in which the certificate of a surveyor and mapper is
  877  recorded pursuant to s. 718.104(4)(e) or an instrument that
  878  transfers title to a unit in the condominium which is not
  879  accompanied by a recorded assignment of developer rights in
  880  favor of the grantee of such unit is recorded, whichever occurs
  881  first. Thereafter, all unit owners except the developer may vote
  882  on such issues until control is turned over to the association
  883  by the developer. Any audit or review prepared under this
  884  section shall be paid for by the developer if done before
  885  turnover of control of the association.
  886         (e) A unit owner may provide written notice to the division
  887  of the association’s failure to mail or hand deliver him or her
  888  a copy of the most recent financial report within 5 business
  889  days after he or she submitted a written request to the
  890  association for a copy of such report. If the division
  891  determines that the association failed to mail or hand deliver a
  892  copy of the most recent financial report to the unit owner, the
  893  division shall provide written notice to the association that
  894  the association must mail or hand deliver a copy of the most
  895  recent financial report to the unit owner and the division
  896  within 5 business days after it receives such notice from the
  897  division. An association that fails to comply with the
  898  division’s request may not waive the financial reporting
  899  requirement provided in paragraph (d) for the fiscal year in
  900  which the unit owner’s request was made and the following fiscal
  901  year. A financial report received by the division pursuant to
  902  this paragraph shall be maintained, and the division shall
  903  provide a copy of such report to an association member upon his
  904  or her request.
  905         (f) If an association invests funds pursuant to paragraph
  906  (16)(b), the association must prepare financial statements
  907  pursuant to paragraphs (a) and (b).
  908         (15) DEBIT CARDS.—
  909         (a) An association and its officers, directors, employees,
  910  and agents may not use a debit card issued in the name of the
  911  association, or billed directly to the association, for the
  912  payment of any association expense.
  913         (b) A person who uses Use of a debit card issued in the
  914  name of the association, or billed directly to the association,
  915  for any expense that is not a lawful obligation of the
  916  association commits theft under s. 812.014. For the purposes of
  917  this paragraph, the term “lawful obligation of the association”
  918  means an obligation that has been properly preapproved by the
  919  board and is reflected in the meeting minutes or the written
  920  budget may be prosecuted as credit card fraud pursuant to s.
  921  817.61.
  922         (16) INVESTMENT OF ASSOCIATION FUNDS.—
  923         (a) A board, in fulfilling its duty to manage operating and
  924  reserve funds of an association, must use best efforts to make
  925  prudent investment decisions that carefully consider risk and
  926  return in an effort to maximize returns on invested funds.
  927         (b) An association, including a multicondominium
  928  association, may invest reserve funds in one or any combination
  929  of depository accounts at a community bank, savings bank,
  930  commercial bank, savings and loan association, or credit union
  931  if the respective account balance at any institution does not
  932  exceed the amount of deposit insurance per account provided by
  933  any agency of the Federal Government or as otherwise available.
  934  Notwithstanding any declaration, only funds identified as
  935  reserve funds may be invested pursuant to this subsection.
  936         (c) The board shall create an investment committee composed
  937  of at least two board members and two-unit non-board member unit
  938  owners. The board shall also adopt rules for invested funds,
  939  including, but not limited to, rules requiring periodic reviews
  940  of any investment manager’s performance, the development of an
  941  investment policy statement, and that all meetings of the
  942  investment committee be recorded and made part of the official
  943  records of the association. The investment policy statement
  944  developed pursuant to this paragraph must, at a minimum, address
  945  risk, liquidity, and benchmark measurements; authorized classes
  946  of investments; authorized investment mixes; limitations on
  947  authority relating to investment transactions; requirements for
  948  projected reserve expenditures within, at minimum, the next 24
  949  months to be held in cash or cash equivalents; projected
  950  expenditures relating to an inspection performed pursuant to s.
  951  553.899; and protocols for proxy response.
  952         (d) The investment committee shall recommend investment
  953  advisers to the board, and the board shall select one of the
  954  recommended investment advisers to provide services to the
  955  association. Such investment advisers must be registered or have
  956  notice filed under s. 517.12. The investment adviser and any
  957  representative or association of the investment adviser may not
  958  be related by affinity or consanguinity to, or under common
  959  ownership with, any board member, community management company,
  960  reserve study provider, or unit owner. The investment adviser
  961  shall comply with the prudent investor rule in s. 518.11. The
  962  investment adviser shall act as a fiduciary to the association
  963  in compliance with the standards set forth in the Employee
  964  Retirement Income Security Act of 1974 at 29 U.S.C. s.
  965  1104(a)(1)(A)-(C). In case of conflict with other provisions of
  966  law authorizing investments, the investment and fiduciary
  967  standards set forth in this paragraph must prevail. If at any
  968  time the investment committee determines that an investment
  969  adviser does not meet the requirements of this section, the
  970  investment committee must recommend a replacement investment
  971  adviser to the board.
  972         (e) At least once each calendar year, or sooner if a
  973  substantial financial obligation of the association becomes
  974  known to the board, the association must provide the investment
  975  adviser with the association’s investment policy statement, the
  976  most recent reserve study report, the association’s structural
  977  integrity report, and the financial reports prepared pursuant to
  978  subsection (13). If there is no recent reserve study report, the
  979  association must provide the investment adviser with a good
  980  faith estimate disclosing the annual amount of reserve funds
  981  necessary for the association to fully fund reserves for the
  982  life of each reserve component and each component’s
  983  redundancies. The investment adviser shall annually review these
  984  documents and provide the association with a portfolio
  985  allocation model that is suitably structured and prudently
  986  designed to match projected annual reserve fund requirements and
  987  liability, assets, and liquidity requirements. The investment
  988  adviser shall prepare a funding projection for each reserve
  989  component, including any of the component’s redundancies. There
  990  must be a minimum of 24 months of projected reserves in cash or
  991  cash equivalents available to the association at all times.
  992         (f) Portfolios managed by the investment adviser may
  993  contain any type of investment necessary to meet the objectives
  994  in the investment policy statement; however, portfolios may not
  995  contain stocks, securities, or other obligations that the State
  996  Board of Administration is prohibited from investing in under s.
  997  215.471, s. 215.4725, or s. 215.473 or that state agencies are
  998  prohibited from investing in under s. 215.472, as determined by
  999  the investment adviser. Any funds invested by the investment
 1000  adviser must be held in third party custodial accounts that are
 1001  subject to insurance coverage by the Securities Investor
 1002  Protection Corporation in an amount equal to or greater than the
 1003  invested amount. The investment adviser may withdraw investment
 1004  fees, expenses, and commissions from invested funds.
 1005         (g) The investment adviser shall:
 1006         1. Annually provide the association with a written
 1007  certification of compliance with this section and a list of
 1008  stocks, securities, and other obligations that are prohibited
 1009  from being in association portfolios under paragraph (f); and
 1010         2. Submit monthly, quarterly, and annual reports to the
 1011  association which are prepared in accordance with established
 1012  financial industry standards and in accordance with chapter 517.
 1013         (h) Any principal, earnings, or interest managed under this
 1014  subsection must be available at no cost or charge to the
 1015  association within 15 business days after delivery of the
 1016  association’s written or electronic request.
 1017         (i) Unallocated income earned on reserve fund investments
 1018  may be spent only on capital expenditures, planned maintenance,
 1019  structural repairs, or other items for which the reserve
 1020  accounts have been established. Any surplus of funds which
 1021  exceeds the amount required to maintain reasonably funded
 1022  reserves must be managed pursuant to s. 718.115.
 1023         Section 7. Effective January 1, 2026, paragraph (g) of
 1024  subsection (12) of section 718.111, Florida Statutes, as amended
 1025  by this act, is amended to read:
 1026         718.111 The association.—
 1027         (12) OFFICIAL RECORDS.—
 1028         (g)1. By January 1, 2019, An association managing a
 1029  condominium with 25 150 or more units which does not contain
 1030  timeshare units shall post digital copies of the documents
 1031  specified in subparagraph 2. on its website or make such
 1032  documents available through an application that can be
 1033  downloaded on a mobile device.
 1034         a. The association’s website or application must be:
 1035         (I) An independent website, application, or web portal
 1036  wholly owned and operated by the association; or
 1037         (II) A website, application, or web portal operated by a
 1038  third-party provider with whom the association owns, leases,
 1039  rents, or otherwise obtains the right to operate a web page,
 1040  subpage, web portal, collection of subpages or web portals, or
 1041  an application which is dedicated to the association’s
 1042  activities and on which required notices, records, and documents
 1043  may be posted or made available by the association.
 1044         b. The association’s website or application must be
 1045  accessible through the Internet and must contain a subpage, web
 1046  portal, or other protected electronic location that is
 1047  inaccessible to the general public and accessible only to unit
 1048  owners and employees of the association.
 1049         c. Upon a unit owner’s written request, the association
 1050  must provide the unit owner with a username and password and
 1051  access to the protected sections of the association’s website or
 1052  application which contain any notices, records, or documents
 1053  that must be electronically provided.
 1054         2. A current copy of the following documents must be posted
 1055  in digital format on the association’s website or application:
 1056         a. The recorded declaration of condominium of each
 1057  condominium operated by the association and each amendment to
 1058  each declaration.
 1059         b. The recorded bylaws of the association and each
 1060  amendment to the bylaws.
 1061         c. The articles of incorporation of the association, or
 1062  other documents creating the association, and each amendment to
 1063  the articles of incorporation or other documents. The copy
 1064  posted pursuant to this sub-subparagraph must be a copy of the
 1065  articles of incorporation filed with the Department of State.
 1066         d. The rules of the association.
 1067         e. A list of all executory contracts or documents to which
 1068  the association is a party or under which the association or the
 1069  unit owners have an obligation or responsibility and, after
 1070  bidding for the related materials, equipment, or services has
 1071  closed, a list of bids received by the association within the
 1072  past year. Summaries of bids for materials, equipment, or
 1073  services which exceed $500 must be maintained on the website or
 1074  application for 1 year. In lieu of summaries, complete copies of
 1075  the bids may be posted.
 1076         f. The annual budget required by s. 718.112(2)(f) and any
 1077  proposed budget to be considered at the annual meeting.
 1078         g. The financial report required by subsection (13) and any
 1079  monthly income or expense statement to be considered at a
 1080  meeting.
 1081         h. The certification of each director required by s.
 1082  718.112(2)(d)4.b.
 1083         i. All contracts or transactions between the association
 1084  and any director, officer, corporation, firm, or association
 1085  that is not an affiliated condominium association or any other
 1086  entity in which an association director is also a director or
 1087  officer and financially interested.
 1088         j. Any contract or document regarding a conflict of
 1089  interest or possible conflict of interest as provided in ss.
 1090  468.4335, 468.436(2)(b)6., and 718.3027(3).
 1091         k. The notice of any unit owner meeting and the agenda for
 1092  the meeting, as required by s. 718.112(2)(d)3., no later than 14
 1093  days before the meeting. The notice must be posted in plain view
 1094  on the front page of the website or application, or on a
 1095  separate subpage of the website or application labeled “Notices”
 1096  which is conspicuously visible and linked from the front page.
 1097  The association must also post on its website or application any
 1098  document to be considered and voted on by the owners during the
 1099  meeting or any document listed on the agenda at least 7 days
 1100  before the meeting at which the document or the information
 1101  within the document will be considered.
 1102         l. Notice of any board meeting, the agenda, and any other
 1103  document required for the meeting as required by s.
 1104  718.112(2)(c), which must be posted no later than the date
 1105  required for notice under s. 718.112(2)(c).
 1106         m. The inspection reports described in ss. 553.899 and
 1107  718.301(4)(p) and any other inspection report relating to a
 1108  structural or life safety inspection of condominium property.
 1109         n. The association’s most recent structural integrity
 1110  reserve study, if applicable.
 1111         o. Copies of all building permits issued for ongoing or
 1112  planned construction.
 1113         3. The association shall ensure that the information and
 1114  records described in paragraph (c), which are not allowed to be
 1115  accessible to unit owners, are not posted on the association’s
 1116  website or application. If protected information or information
 1117  restricted from being accessible to unit owners is included in
 1118  documents that are required to be posted on the association’s
 1119  website or application, the association shall ensure the
 1120  information is redacted before posting the documents.
 1121  Notwithstanding the foregoing, the association or its agent is
 1122  not liable for disclosing information that is protected or
 1123  restricted under this paragraph unless such disclosure was made
 1124  with a knowing or intentional disregard of the protected or
 1125  restricted nature of such information.
 1126         4. The failure of the association to post information
 1127  required under subparagraph 2. is not in and of itself
 1128  sufficient to invalidate any action or decision of the
 1129  association’s board or its committees.
 1130         Section 8. Paragraphs (c), (d), (f), (g), (i), and (q) of
 1131  subsection (2) of section 718.112, Florida Statutes, are
 1132  amended, and paragraph (r) is added to that section, to read:
 1133         718.112 Bylaws.—
 1134         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
 1135  following and, if they do not do so, shall be deemed to include
 1136  the following:
 1137         (c) Board of administration meetings.In a residential
 1138  condominium association of more than 10 units, the board of
 1139  administration shall meet at least four times each year for the
 1140  purpose of responding to inquiries from members and informing
 1141  members on the state of the condominium, including the status of
 1142  any construction or repair projects, the status of the
 1143  association’s revenue and expenditures during the fiscal year,
 1144  or other issues affecting the association. Meetings of the board
 1145  of administration at which a quorum of the members is present
 1146  are open to all unit owners. Members of the board of
 1147  administration may use e-mail as a means of communication but
 1148  may not cast a vote on an association matter via e-mail. A unit
 1149  owner may tape record or videotape the meetings. The right to
 1150  attend such meetings includes the right to speak at such
 1151  meetings with reference to all designated agenda items. The
 1152  division shall adopt reasonable rules governing the tape
 1153  recording and videotaping of the meeting. The association may
 1154  adopt written reasonable rules governing the frequency,
 1155  duration, and manner of unit owner statements.
 1156         1. Adequate notice of all board meetings, which must
 1157  specifically identify all agenda items, must be posted
 1158  conspicuously on the condominium property at least 48 continuous
 1159  hours before the meeting except in an emergency. If 20 percent
 1160  of the voting interests petition the board to address an item of
 1161  business, the board, within 60 days after receipt of the
 1162  petition, shall place the item on the agenda at its next regular
 1163  board meeting or at a special meeting called for that purpose.
 1164  An item not included on the notice may be taken up on an
 1165  emergency basis by a vote of at least a majority plus one of the
 1166  board members. Such emergency action must be noticed and
 1167  ratified at the next regular board meeting. Written notice of a
 1168  meeting at which a nonemergency special assessment or an
 1169  amendment to rules regarding unit use will be considered must be
 1170  mailed, delivered, or electronically transmitted to the unit
 1171  owners and posted conspicuously on the condominium property at
 1172  least 14 days before the meeting. Evidence of compliance with
 1173  this 14-day notice requirement must be made by an affidavit
 1174  executed by the person providing the notice and filed with the
 1175  official records of the association. Notice of any meeting in
 1176  which regular or special assessments against unit owners are to
 1177  be considered must specifically state that assessments will be
 1178  considered and provide the estimated cost and description of the
 1179  purposes for such assessments.
 1180         2. Upon notice to the unit owners, the board shall, by duly
 1181  adopted rule, designate a specific location on the condominium
 1182  property where all notices of board meetings must be posted. If
 1183  there is no condominium property where notices can be posted,
 1184  notices shall be mailed, delivered, or electronically
 1185  transmitted to each unit owner at least 14 days before the
 1186  meeting. In lieu of or in addition to the physical posting of
 1187  the notice on the condominium property, the association may, by
 1188  reasonable rule, adopt a procedure for conspicuously posting and
 1189  repeatedly broadcasting the notice and the agenda on a closed
 1190  circuit cable television system serving the condominium
 1191  association. However, if broadcast notice is used in lieu of a
 1192  notice physically posted on condominium property, the notice and
 1193  agenda must be broadcast at least four times every broadcast
 1194  hour of each day that a posted notice is otherwise required
 1195  under this section. If broadcast notice is provided, the notice
 1196  and agenda must be broadcast in a manner and for a sufficient
 1197  continuous length of time so as to allow an average reader to
 1198  observe the notice and read and comprehend the entire content of
 1199  the notice and the agenda. In addition to any of the authorized
 1200  means of providing notice of a meeting of the board, the
 1201  association may, by rule, adopt a procedure for conspicuously
 1202  posting the meeting notice and the agenda on a website serving
 1203  the condominium association for at least the minimum period of
 1204  time for which a notice of a meeting is also required to be
 1205  physically posted on the condominium property. Any rule adopted
 1206  shall, in addition to other matters, include a requirement that
 1207  the association send an electronic notice in the same manner as
 1208  a notice for a meeting of the members, which must include a
 1209  hyperlink to the website where the notice is posted, to unit
 1210  owners whose e-mail addresses are included in the association’s
 1211  official records.
 1212         3. Notice of any meeting in which regular or special
 1213  assessments against unit owners are to be considered must
 1214  specifically state that assessments will be considered and
 1215  provide the estimated cost and description of the purposes for
 1216  such assessments. If an agenda item relates to the approval of a
 1217  contract for goods or services, a copy of the contract must be
 1218  provided with the notice.
 1219         4.2. Meetings of a committee to take final action on behalf
 1220  of the board or make recommendations to the board regarding the
 1221  association budget are subject to this paragraph. Meetings of a
 1222  committee that does not take final action on behalf of the board
 1223  or make recommendations to the board regarding the association
 1224  budget are subject to this section, unless those meetings are
 1225  exempted from this section by the bylaws of the association.
 1226         5.3. Notwithstanding any other law, the requirement that
 1227  board meetings and committee meetings be open to the unit owners
 1228  does not apply to:
 1229         a. Meetings between the board or a committee and the
 1230  association’s attorney, with respect to proposed or pending
 1231  litigation, if the meeting is held for the purpose of seeking or
 1232  rendering legal advice; or
 1233         b. Board meetings held for the purpose of discussing
 1234  personnel matters.
 1235         (d) Unit owner meetings.—
 1236         1. An annual meeting of the unit owners must be held at the
 1237  location provided in the association bylaws and, if the bylaws
 1238  are silent as to the location, the meeting must be held within
 1239  45 miles of the condominium property. However, such distance
 1240  requirement does not apply to an association governing a
 1241  timeshare condominium.
 1242         2. Unless the bylaws provide otherwise, a vacancy on the
 1243  board caused by the expiration of a director’s term must be
 1244  filled by electing a new board member, and the election must be
 1245  by secret ballot. An election is not required if the number of
 1246  vacancies equals or exceeds the number of candidates. For
 1247  purposes of this paragraph, the term “candidate” means an
 1248  eligible person who has timely submitted the written notice, as
 1249  described in sub-subparagraph 4.a., of his or her intention to
 1250  become a candidate. Except in a timeshare or nonresidential
 1251  condominium, or if the staggered term of a board member does not
 1252  expire until a later annual meeting, or if all members’ terms
 1253  would otherwise expire but there are no candidates, the terms of
 1254  all board members expire at the annual meeting, and such members
 1255  may stand for reelection unless prohibited by the bylaws. Board
 1256  members may serve terms longer than 1 year if permitted by the
 1257  bylaws or articles of incorporation. A board member may not
 1258  serve more than 8 consecutive years unless approved by an
 1259  affirmative vote of unit owners representing two-thirds of all
 1260  votes cast in the election or unless there are not enough
 1261  eligible candidates to fill the vacancies on the board at the
 1262  time of the vacancy. Only board service that occurs on or after
 1263  July 1, 2018, may be used when calculating a board member’s term
 1264  limit. If the number of board members whose terms expire at the
 1265  annual meeting equals or exceeds the number of candidates, the
 1266  candidates become members of the board effective upon the
 1267  adjournment of the annual meeting. Unless the bylaws provide
 1268  otherwise, any remaining vacancies shall be filled by the
 1269  affirmative vote of the majority of the directors making up the
 1270  newly constituted board even if the directors constitute less
 1271  than a quorum or there is only one director. In a residential
 1272  condominium association of more than 10 units or in a
 1273  residential condominium association that does not include
 1274  timeshare units or timeshare interests, co-owners of a unit may
 1275  not serve as members of the board of directors at the same time
 1276  unless they own more than one unit or unless there are not
 1277  enough eligible candidates to fill the vacancies on the board at
 1278  the time of the vacancy. A unit owner in a residential
 1279  condominium desiring to be a candidate for board membership must
 1280  comply with sub-subparagraph 4.a. and must be eligible to be a
 1281  candidate to serve on the board of directors at the time of the
 1282  deadline for submitting a notice of intent to run in order to
 1283  have his or her name listed as a proper candidate on the ballot
 1284  or to serve on the board. A person who has been suspended or
 1285  removed by the division under this chapter, or who is delinquent
 1286  in the payment of any assessment due to the association, is not
 1287  eligible to be a candidate for board membership and may not be
 1288  listed on the ballot. For purposes of this paragraph, a person
 1289  is delinquent if a payment is not made by the due date as
 1290  specifically identified in the declaration of condominium,
 1291  bylaws, or articles of incorporation. If a due date is not
 1292  specifically identified in the declaration of condominium,
 1293  bylaws, or articles of incorporation, the due date is the first
 1294  day of the assessment period. A person who has been convicted of
 1295  any felony in this state or in a United States District or
 1296  Territorial Court, or who has been convicted of any offense in
 1297  another jurisdiction which would be considered a felony if
 1298  committed in this state, is not eligible for board membership
 1299  unless such felon’s civil rights have been restored for at least
 1300  5 years as of the date such person seeks election to the board.
 1301  The validity of an action by the board is not affected if it is
 1302  later determined that a board member is ineligible for board
 1303  membership due to having been convicted of a felony. This
 1304  subparagraph does not limit the term of a member of the board of
 1305  a nonresidential or timeshare condominium.
 1306         3. The bylaws must provide the method of calling meetings
 1307  of unit owners, including annual meetings. Written notice of an
 1308  annual meeting must include an agenda; be mailed, hand
 1309  delivered, or electronically transmitted to each unit owner at
 1310  least 14 days before the annual meeting; and be posted in a
 1311  conspicuous place on the condominium property or association
 1312  property at least 14 continuous days before the annual meeting.
 1313  Written notice of a meeting other than an annual meeting must
 1314  include an agenda; be mailed, hand delivered, or electronically
 1315  transmitted to each unit owner; and be posted in a conspicuous
 1316  place on the condominium property or association property within
 1317  the timeframe specified in the bylaws. If the bylaws do not
 1318  specify a timeframe for written notice of a meeting other than
 1319  an annual meeting, notice must be provided at least 14
 1320  continuous days before the meeting. Upon notice to the unit
 1321  owners, the board shall, by duly adopted rule, designate a
 1322  specific location on the condominium property or association
 1323  property where all notices of unit owner meetings must be
 1324  posted. This requirement does not apply if there is no
 1325  condominium property for posting notices. In lieu of, or in
 1326  addition to, the physical posting of meeting notices, the
 1327  association may, by reasonable rule, adopt a procedure for
 1328  conspicuously posting and repeatedly broadcasting the notice and
 1329  the agenda on a closed-circuit cable television system serving
 1330  the condominium association. However, if broadcast notice is
 1331  used in lieu of a notice posted physically on the condominium
 1332  property, the notice and agenda must be broadcast at least four
 1333  times every broadcast hour of each day that a posted notice is
 1334  otherwise required under this section. If broadcast notice is
 1335  provided, the notice and agenda must be broadcast in a manner
 1336  and for a sufficient continuous length of time so as to allow an
 1337  average reader to observe the notice and read and comprehend the
 1338  entire content of the notice and the agenda. In addition to any
 1339  of the authorized means of providing notice of a meeting of the
 1340  board, the association may, by rule, adopt a procedure for
 1341  conspicuously posting the meeting notice and the agenda on a
 1342  website serving the condominium association for at least the
 1343  minimum period of time for which a notice of a meeting is also
 1344  required to be physically posted on the condominium property.
 1345  Any rule adopted shall, in addition to other matters, include a
 1346  requirement that the association send an electronic notice in
 1347  the same manner as a notice for a meeting of the members, which
 1348  must include a hyperlink to the website where the notice is
 1349  posted, to unit owners whose e-mail addresses are included in
 1350  the association’s official records. Unless a unit owner waives
 1351  in writing the right to receive notice of the annual meeting,
 1352  such notice must be hand delivered, mailed, or electronically
 1353  transmitted to each unit owner. Notice for meetings and notice
 1354  for all other purposes must be mailed to each unit owner at the
 1355  address last furnished to the association by the unit owner, or
 1356  hand delivered to each unit owner. However, if a unit is owned
 1357  by more than one person, the association must provide notice to
 1358  the address that the developer identifies for that purpose and
 1359  thereafter as one or more of the owners of the unit advise the
 1360  association in writing, or if no address is given or the owners
 1361  of the unit do not agree, to the address provided on the deed of
 1362  record. An officer of the association, or the manager or other
 1363  person providing notice of the association meeting, must provide
 1364  an affidavit or United States Postal Service certificate of
 1365  mailing, to be included in the official records of the
 1366  association affirming that the notice was mailed or hand
 1367  delivered in accordance with this provision.
 1368         4. The members of the board of a residential condominium
 1369  shall be elected by written ballot or voting machine. Proxies
 1370  may not be used in electing the board in general elections or
 1371  elections to fill vacancies caused by recall, resignation, or
 1372  otherwise, unless otherwise provided in this chapter. This
 1373  subparagraph does not apply to an association governing a
 1374  timeshare condominium.
 1375         a. At least 60 days before a scheduled election, the
 1376  association shall mail, deliver, or electronically transmit, by
 1377  separate association mailing or included in another association
 1378  mailing, delivery, or transmission, including regularly
 1379  published newsletters, to each unit owner entitled to a vote, a
 1380  first notice of the date of the election. A unit owner or other
 1381  eligible person desiring to be a candidate for the board must
 1382  give written notice of his or her intent to be a candidate to
 1383  the association at least 40 days before a scheduled election.
 1384  Together with the written notice and agenda as set forth in
 1385  subparagraph 3., the association shall mail, deliver, or
 1386  electronically transmit a second notice of the election to all
 1387  unit owners entitled to vote, together with a ballot that lists
 1388  all candidates not less than 14 days or more than 34 days before
 1389  the date of the election. Upon request of a candidate, an
 1390  information sheet, no larger than 8 1/2 inches by 11 inches,
 1391  which must be furnished by the candidate at least 35 days before
 1392  the election, must be included with the mailing, delivery, or
 1393  transmission of the ballot, with the costs of mailing, delivery,
 1394  or electronic transmission and copying to be borne by the
 1395  association. The association is not liable for the contents of
 1396  the information sheets prepared by the candidates. In order to
 1397  reduce costs, the association may print or duplicate the
 1398  information sheets on both sides of the paper. The division
 1399  shall by rule establish voting procedures consistent with this
 1400  sub-subparagraph, including rules establishing procedures for
 1401  giving notice by electronic transmission and rules providing for
 1402  the secrecy of ballots. Elections shall be decided by a
 1403  plurality of ballots cast. There is no quorum requirement;
 1404  however, at least 20 percent of the eligible voters must cast a
 1405  ballot in order to have a valid election. A unit owner may not
 1406  authorize any other person to vote his or her ballot, and any
 1407  ballots improperly cast are invalid. A unit owner who violates
 1408  this provision may be fined by the association in accordance
 1409  with s. 718.303. A unit owner who needs assistance in casting
 1410  the ballot for the reasons stated in s. 101.051 may obtain such
 1411  assistance. The regular election must occur on the date of the
 1412  annual meeting. Notwithstanding this sub-subparagraph, an
 1413  election is not required unless more candidates file notices of
 1414  intent to run or are nominated than board vacancies exist.
 1415         b. A director of a Within 90 days after being elected or
 1416  appointed to the board of an association of a residential
 1417  condominium, each newly elected or appointed director shall:
 1418         (I) Certify in writing to the secretary of the association
 1419  that he or she has read the association’s declaration of
 1420  condominium, articles of incorporation, bylaws, and current
 1421  written policies; that he or she will work to uphold such
 1422  documents and policies to the best of his or her ability; and
 1423  that he or she will faithfully discharge his or her fiduciary
 1424  responsibility to the association’s members. In lieu of this
 1425  written certification, within 90 days after being elected or
 1426  appointed to the board, the newly elected or appointed director
 1427  may
 1428         (II) Submit to the secretary of the association a
 1429  certificate of having satisfactorily completed the educational
 1430  curriculum administered by the division or a division-approved
 1431  condominium education provider within 1 year before or 90 days
 1432  after the date of election or appointment.
 1433  
 1434  Each newly elected or appointed director must submit the written
 1435  certification and educational certificate to the secretary of
 1436  the association within 1 year before being elected or appointed
 1437  or within 90 days after the date of election or appointment. A
 1438  director of an association of a residential condominium who was
 1439  elected or appointed before July 1, 2024, must comply with the
 1440  written certification and educational certificate requirements
 1441  in this sub-subparagraph by June 30, 2025. The written
 1442  certification and or educational certificate is valid for 7
 1443  years from the date of issuance and does not have to be
 1444  resubmitted as long as the director serves on the board without
 1445  interruption during the 7-year period. A director who is
 1446  appointed by the developer may satisfy the educational
 1447  certificate requirement in sub-sub-subparagraph (II) for any
 1448  subsequent appointment to a board by a developer within 7 years
 1449  after the date of issuance of the most recent educational
 1450  certificate, including any interruption of service on a board or
 1451  appointment to a board in another association within that 7-year
 1452  period. One year after submission of the most recent written
 1453  certification and educational certificate, and annually
 1454  thereafter, a director of an association of a residential
 1455  condominium must submit to the secretary of the association a
 1456  certificate of having satisfactorily completed an educational
 1457  curriculum administered by the division, or a division-approved
 1458  condominium education provider, relating to any recent changes
 1459  to this chapter and the related administrative rules during the
 1460  past year. A director of an association of a residential
 1461  condominium who fails to timely file the written certification
 1462  and or educational certificate is suspended from service on the
 1463  board until he or she complies with this sub-subparagraph. The
 1464  board may temporarily fill the vacancy during the period of
 1465  suspension. The secretary shall cause the association to retain
 1466  a director’s written certification and or educational
 1467  certificate for inspection by the members for 5 years after a
 1468  director’s election or the duration of the director’s
 1469  uninterrupted tenure, whichever is longer. Failure to have such
 1470  written certification and or educational certificate on file
 1471  does not affect the validity of any board action.
 1472         c. Any challenge to the election process must be commenced
 1473  within 60 days after the election results are announced.
 1474         5. Any approval by unit owners called for by this chapter
 1475  or the applicable declaration or bylaws, including, but not
 1476  limited to, the approval requirement in s. 718.111(8), must be
 1477  made at a duly noticed meeting of unit owners and is subject to
 1478  all requirements of this chapter or the applicable condominium
 1479  documents relating to unit owner decisionmaking, except that
 1480  unit owners may take action by written agreement, without
 1481  meetings, on matters for which action by written agreement
 1482  without meetings is expressly allowed by the applicable bylaws
 1483  or declaration or any law that provides for such action.
 1484         6. Unit owners may waive notice of specific meetings if
 1485  allowed by the applicable bylaws or declaration or any law.
 1486  Notice of meetings of the board of administration; unit owner
 1487  meetings, except unit owner meetings called to recall board
 1488  members under paragraph (l); and committee meetings may be given
 1489  by electronic transmission to unit owners who consent to receive
 1490  notice by electronic transmission. A unit owner who consents to
 1491  receiving notices by electronic transmission is solely
 1492  responsible for removing or bypassing filters that block receipt
 1493  of mass e-mails sent to members on behalf of the association in
 1494  the course of giving electronic notices.
 1495         7. Unit owners have the right to participate in meetings of
 1496  unit owners with reference to all designated agenda items.
 1497  However, the association may adopt reasonable rules governing
 1498  the frequency, duration, and manner of unit owner participation.
 1499         8. A unit owner may tape record or videotape a meeting of
 1500  the unit owners subject to reasonable rules adopted by the
 1501  division.
 1502         9. Unless otherwise provided in the bylaws, any vacancy
 1503  occurring on the board before the expiration of a term may be
 1504  filled by the affirmative vote of the majority of the remaining
 1505  directors, even if the remaining directors constitute less than
 1506  a quorum, or by the sole remaining director. In the alternative,
 1507  a board may hold an election to fill the vacancy, in which case
 1508  the election procedures must conform to sub-subparagraph 4.a.
 1509  unless the association governs 10 units or fewer and has opted
 1510  out of the statutory election process, in which case the bylaws
 1511  of the association control. Unless otherwise provided in the
 1512  bylaws, a board member appointed or elected under this section
 1513  shall fill the vacancy for the unexpired term of the seat being
 1514  filled. Filling vacancies created by recall is governed by
 1515  paragraph (l) and rules adopted by the division.
 1516         10. This chapter does not limit the use of general or
 1517  limited proxies, require the use of general or limited proxies,
 1518  or require the use of a written ballot or voting machine for any
 1519  agenda item or election at any meeting of a timeshare
 1520  condominium association or nonresidential condominium
 1521  association.
 1522  
 1523  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
 1524  association of 10 or fewer units may, by affirmative vote of a
 1525  majority of the total voting interests, provide for different
 1526  voting and election procedures in its bylaws, which may be by a
 1527  proxy specifically delineating the different voting and election
 1528  procedures. The different voting and election procedures may
 1529  provide for elections to be conducted by limited or general
 1530  proxy.
 1531         (f) Annual budget.—
 1532         1. The proposed annual budget of estimated revenues and
 1533  expenses must be detailed and must show the amounts budgeted by
 1534  accounts and expense classifications, including, at a minimum,
 1535  any applicable expenses listed in s. 718.504(21). The board
 1536  shall adopt the annual budget at least 14 days before the start
 1537  of the association’s fiscal year. In the event that the board
 1538  fails to timely adopt the annual budget a second time, it is
 1539  deemed a minor violation and the prior year’s budget shall
 1540  continue in effect until a new budget is adopted. A
 1541  multicondominium association must adopt a separate budget of
 1542  common expenses for each condominium the association operates
 1543  and must adopt a separate budget of common expenses for the
 1544  association. In addition, if the association maintains limited
 1545  common elements with the cost to be shared only by those
 1546  entitled to use the limited common elements as provided for in
 1547  s. 718.113(1), the budget or a schedule attached to it must show
 1548  the amount budgeted for this maintenance. If, after turnover of
 1549  control of the association to the unit owners, any of the
 1550  expenses listed in s. 718.504(21) are not applicable, they do
 1551  not need to be listed.
 1552         2.a. In addition to annual operating expenses, the budget
 1553  must include reserve accounts for capital expenditures and
 1554  planned deferred maintenance. These accounts must include, but
 1555  are not limited to, roof replacement, building painting, and
 1556  pavement resurfacing, regardless of the amount of planned
 1557  deferred maintenance expense or replacement cost, and any other
 1558  item that has a planned deferred maintenance expense or
 1559  replacement cost that exceeds $10,000. The amount to be reserved
 1560  must be computed using a formula based upon estimated remaining
 1561  useful life and estimated replacement cost or planned deferred
 1562  maintenance expense of the reserve item. In a budget adopted by
 1563  an association that is required to obtain a structural integrity
 1564  reserve study, reserves must be maintained for the items
 1565  identified in paragraph (g) for which the association is
 1566  responsible pursuant to the declaration of condominium, and the
 1567  reserve amount for such items must be based on the findings and
 1568  recommendations of the association’s most recent structural
 1569  integrity reserve study. With respect to items for which an
 1570  estimate of useful life is not readily ascertainable or with an
 1571  estimated remaining useful life of greater than 25 years, an
 1572  association is not required to reserve replacement costs for
 1573  such items, but an association must reserve the amount of
 1574  planned deferred maintenance expense, if any, which is
 1575  recommended by the structural integrity reserve study for such
 1576  items. The association may adjust replacement reserve
 1577  assessments annually to take into account an inflation
 1578  adjustment and any changes in estimates or extension of the
 1579  useful life of a reserve item caused by planned deferred
 1580  maintenance. The members of a unit-owner-controlled association
 1581  may determine, by a majority vote of the total voting interests
 1582  of the association, to provide no reserves or less reserves than
 1583  required by this subsection. For a budget adopted on or after
 1584  December 31, 2024, the members of a unit-owner-controlled
 1585  association that must obtain a structural integrity reserve
 1586  study may not determine to provide no reserves or less reserves
 1587  than required by this subsection for items listed in paragraph
 1588  (g), except that members of an association operating a
 1589  multicondominium may determine to provide no reserves or less
 1590  reserves than required by this subsection if an alternative
 1591  funding method has been approved by the division. Additionally,
 1592  members of an association may determine to provide no reserves
 1593  or less reserves than required by this subsection if the
 1594  condominium building or units are unsafe and uninhabitable due
 1595  to substantial damage or loss as determined by the local
 1596  enforcement agency, as defined in s. 553.71(5), and it is in the
 1597  best interests of the association to use revenues and existing
 1598  reserve funds to perform necessary repairs to make the building
 1599  or units safe and habitable, but an association may not opt for
 1600  such a waiver of reserve requirements after the building or
 1601  units have been declared safe for occupancy by the local
 1602  enforcement agency.
 1603         b. Before turnover of control of an association by a
 1604  developer to unit owners other than a developer under s.
 1605  718.301, the developer-controlled association may not vote to
 1606  waive the reserves or reduce funding of the reserves. If a
 1607  meeting of the unit owners has been called to determine whether
 1608  to waive or reduce the funding of reserves and no such result is
 1609  achieved or a quorum is not attained, the reserves included in
 1610  the budget shall go into effect. After the turnover, the
 1611  developer may vote its voting interest to waive or reduce the
 1612  funding of reserves.
 1613         3. Reserve funds and any interest or earnings accruing
 1614  thereon shall remain in the reserve account or accounts, and may
 1615  be used only for authorized reserve expenditures unless their
 1616  use for other purposes is approved in advance by a majority vote
 1617  of all the total voting interests of the association. Before
 1618  turnover of control of an association by a developer to unit
 1619  owners other than the developer pursuant to s. 718.301, the
 1620  developer-controlled association may not vote to use reserves
 1621  for purposes other than those for which they were intended. For
 1622  a budget adopted on or after December 31, 2024, members of a
 1623  unit-owner-controlled association that must obtain a structural
 1624  integrity reserve study may not vote to use reserve funds, or
 1625  any interest accruing thereon, for any other purpose other than
 1626  the replacement or planned deferred maintenance costs of the
 1627  components listed in paragraph (g).
 1628         4. The only voting interests that are eligible to vote on
 1629  questions that involve waiving or reducing the funding of
 1630  reserves, or using existing reserve funds for purposes other
 1631  than purposes for which the reserves were intended, are the
 1632  voting interests of the units subject to assessment to fund the
 1633  reserves in question. Proxy questions relating to waiving or
 1634  reducing the funding of reserves or using existing reserve funds
 1635  for purposes other than purposes for which the reserves were
 1636  intended must contain the following statement in capitalized,
 1637  bold letters in a font size larger than any other used on the
 1638  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
 1639  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
 1640  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1641  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1642         (g) Structural integrity reserve study.—
 1643         1. A residential condominium association must have a
 1644  structural integrity reserve study completed at least every 10
 1645  years after the condominium’s creation for each building on the
 1646  condominium property that is three stories or higher in height,
 1647  as determined by the Florida Building Code, which includes, at a
 1648  minimum, a study of the following items as related to the
 1649  structural integrity and safety of the building:
 1650         a. Roof.
 1651         b. Structure, including load-bearing walls and other
 1652  primary structural members and primary structural systems as
 1653  those terms are defined in s. 627.706.
 1654         c. Fireproofing and fire protection systems.
 1655         d. Plumbing.
 1656         e. Electrical systems.
 1657         f. Waterproofing and exterior painting.
 1658         g. Windows and exterior doors.
 1659         h. Any other item that has a planned deferred maintenance
 1660  expense or replacement cost that exceeds $10,000 and the failure
 1661  to replace or maintain such item negatively affects the items
 1662  listed in sub-subparagraphs a.-g., as determined by the visual
 1663  inspection portion of the structural integrity reserve study.
 1664         2. A structural integrity reserve study is based on a
 1665  visual inspection of the condominium property. A structural
 1666  integrity reserve study may be performed by any person qualified
 1667  to perform such study. However, the visual inspection portion of
 1668  the structural integrity reserve study must be performed or
 1669  verified by an engineer licensed under chapter 471, an architect
 1670  licensed under chapter 481, or a person certified as a reserve
 1671  specialist or professional reserve analyst by the Community
 1672  Associations Institute or the Association of Professional
 1673  Reserve Analysts.
 1674         3. At a minimum, a structural integrity reserve study must
 1675  identify each item of the condominium property being visually
 1676  inspected, state the estimated remaining useful life and the
 1677  estimated replacement cost or planned deferred maintenance
 1678  expense of each item of the condominium property being visually
 1679  inspected, and provide a reserve funding schedule with a
 1680  recommended annual reserve amount that achieves the estimated
 1681  replacement cost or planned deferred maintenance expense of each
 1682  item of condominium property being visually inspected by the end
 1683  of the estimated remaining useful life of the item. The
 1684  structural integrity reserve study may recommend that reserves
 1685  do not need to be maintained for any item for which an estimate
 1686  of useful life and an estimate of replacement cost cannot be
 1687  determined, or the study may recommend a planned deferred
 1688  maintenance expense amount for such item. The structural
 1689  integrity reserve study may recommend that reserves for
 1690  replacement costs do not need to be maintained for any item with
 1691  an estimated remaining useful life of greater than 25 years, but
 1692  the study may recommend a planned deferred maintenance expense
 1693  amount for such item. The structural integrity reserve study may
 1694  recommend a temporary pause in reserve funding or reduced
 1695  reserve funding if the condominium building or units are unsafe
 1696  and uninhabitable due to substantial damage or loss as
 1697  determined by the local enforcement agency, as defined in s.
 1698  533.71(5), and it is in the best interests of the association to
 1699  use revenues and existing reserve funds to perform necessary
 1700  repairs to make the building safe and habitable, but the reserve
 1701  funding schedule may not pause reserve funding after the
 1702  building has been declared safe for occupancy by the local
 1703  enforcement agency.
 1704         4. This paragraph does not apply to buildings less than
 1705  three stories in height; single-family, two-family, or three
 1706  family dwellings with three or fewer habitable stories above
 1707  ground; any portion or component of a building that has not been
 1708  submitted to the condominium form of ownership; or any portion
 1709  or component of a building that is maintained by a party other
 1710  than the association.
 1711         5. Before a developer turns over control of an association
 1712  to unit owners other than the developer, the developer must have
 1713  a turnover inspection report in compliance with s. 718.301(4)(p)
 1714  and (q) for each building on the condominium property that is
 1715  three stories or higher in height.
 1716         6. Associations existing on or before July 1, 2022, which
 1717  are controlled by unit owners other than the developer, must
 1718  have a structural integrity reserve study completed by December
 1719  31, 2024, for each building on the condominium property that is
 1720  three stories or higher in height. An association that is
 1721  required to complete a milestone inspection in accordance with
 1722  s. 553.899 on or before December 31, 2026, may complete the
 1723  structural integrity reserve study simultaneously with the
 1724  milestone inspection. In no event may the structural integrity
 1725  reserve study be completed after December 31, 2026.
 1726         7. If the milestone inspection required by s. 553.899, or
 1727  an inspection completed for a similar local requirement, was
 1728  performed within the past 5 years and meets the requirements of
 1729  this paragraph, such inspection may be used in place of the
 1730  visual inspection portion of the structural integrity reserve
 1731  study.
 1732         8. If the officers or directors of an association willfully
 1733  and knowingly fail to complete a structural integrity reserve
 1734  study pursuant to this paragraph, such failure is a breach of an
 1735  officer’s and director’s fiduciary relationship to the unit
 1736  owners under s. 718.111(1).
 1737         9. Within 45 days after receiving the structural integrity
 1738  reserve study, the association must distribute a copy of the
 1739  study to each unit owner or deliver to each unit owner a notice
 1740  that the completed study is available for inspection and copying
 1741  upon a written request. Distribution of a copy of the study or
 1742  notice must be made by United States mail or personal delivery
 1743  at the mailing address, property address, or any other address
 1744  of the owner provided to fulfill the association’s notice
 1745  requirements under this chapter, or by electronic transmission
 1746  to the e-mail address or facsimile number provided to fulfill
 1747  the association’s notice requirements to unit owners who
 1748  previously consented to receive notice by electronic
 1749  transmission.
 1750         (i) Assessments.—
 1751         1. The manner of collecting from the unit owners their
 1752  shares of the common expenses shall be stated in the bylaws.
 1753  Assessments shall be made against units not less frequently than
 1754  quarterly in an amount which is not less than that required to
 1755  provide funds in advance for payment of all of the anticipated
 1756  current operating expenses and for all of the unpaid operating
 1757  expenses previously incurred. Nothing in this paragraph shall
 1758  preclude the right of an association to accelerate assessments
 1759  of an owner delinquent in payment of common expenses.
 1760  Accelerated assessments shall be due and payable on the date the
 1761  claim of lien is filed. Such accelerated assessments shall
 1762  include the amounts due for the remainder of the budget year in
 1763  which the claim of lien was filed.
 1764         2.a. In lieu of a special assessment to fund needed repair,
 1765  maintenance, or replacement of a building component recommended
 1766  by a milestone inspection required under s. 553.899 or a similar
 1767  local inspection requirement or a structural integrity reserve
 1768  study, or unanticipated repairs, the board of a unit-owner
 1769  controlled association may approve contingent special
 1770  assessments against each unit to secure a line of credit for the
 1771  association to provide available funding to pay for such repair,
 1772  maintenance, or replacement. The approved line of credit must be
 1773  made available to the board for the funding of the needed
 1774  repair, maintenance, or replacement. The association must record
 1775  a declaration of special assessments evidencing the levy of such
 1776  special assessments in the public records.
 1777         b.Funding from the line of credit must be immediately
 1778  available for access by the board to fund required repair,
 1779  maintenance, or replacement expenses without further approval by
 1780  the members of the association. At the option of a unit owner,
 1781  the special assessment may be paid in full at the time it
 1782  becomes due or the payment may be amortized over a term of years
 1783  as provided for by the line of credit. However, a unit owner may
 1784  pay the remaining balance of the special assessment at any time
 1785  during the amortization period.
 1786         c. For a budget adopted on or before December 31, 2029, an
 1787  association may secure a line of credit and assess a contingent
 1788  special assessment as provided in this subparagraph to meet the
 1789  reserve funding schedule recommended by the structural integrity
 1790  reserve study.
 1791         d. Except as authorized by sub-subparagraph c., a line of
 1792  credit and contingent special assessment in this paragraph may
 1793  not be used as an alternative to the association’s reserve
 1794  funding requirements in paragraph (f).
 1795         (q) Director or officer offenses.—
 1796         1. A director or an officer charged by information or
 1797  indictment with any of the following crimes must be removed from
 1798  office:
 1799         a.Forgery of a ballot envelope or voting certificate used
 1800  in a condominium association election as provided in s. 831.01.
 1801         b.Theft or embezzlement involving the association’s funds
 1802  or property as provided in s. 812.014.
 1803         c.Destruction of, or the refusal to allow inspection or
 1804  copying of, an official record of a condominium association
 1805  which is accessible to unit owners within the time periods
 1806  required by general law, in furtherance of any crime. Such act
 1807  constitutes tampering with physical evidence as provided in s.
 1808  918.13.
 1809         d.Obstruction of justice under chapter 843.
 1810         2. The board shall fill the vacancy in accordance with
 1811  paragraph (2)(d) a felony theft or embezzlement offense
 1812  involving the association’s funds or property must be removed
 1813  from office, creating a vacancy in the office to be filled
 1814  according to law until the end of the period of the suspension
 1815  or the end of the director’s term of office, whichever occurs
 1816  first. While such director or officer has such criminal charge
 1817  pending, he or she may not be appointed or elected to a position
 1818  as a director or officer of any association and may not have
 1819  access to the official records of any association, except
 1820  pursuant to a court order. However, if the charges are resolved
 1821  without a finding of guilt, the director or officer shall be
 1822  reinstated for the remainder of his or her term of office, if
 1823  any.
 1824         (r) Fraudulent voting activities relating to association
 1825  elections; penalties.
 1826         1. A person who engages in the following acts of fraudulent
 1827  voting activity relating to association elections commits a
 1828  misdemeanor of the first degree, punishable as provided in s.
 1829  775.082 or s. 775.083:
 1830         a. Willfully and falsely swearing to or affirming an oath
 1831  or affirmation, or willfully procuring another person to falsely
 1832  swear to or affirm an oath or affirmation, in connection with or
 1833  arising out of voting activities.
 1834         b. Perpetrating or attempting to perpetrate, or aiding in
 1835  the perpetration of, fraud in connection with a vote cast, to be
 1836  cast, or attempted to be cast.
 1837         c. Preventing a member from voting or preventing a member
 1838  from voting as he or she intended by fraudulently changing or
 1839  attempting to change a ballot, ballot envelope, vote, or voting
 1840  certificate of the member.
 1841         d. Menacing, threatening, or using bribery or any other
 1842  corruption to attempt, directly or indirectly, to influence,
 1843  deceive, or deter a member when the member is voting.
 1844         e. Giving or promising, directly or indirectly, anything of
 1845  value to another member with the intent to buy the vote of that
 1846  member or another member or to corruptly influence that member
 1847  or another member in casting his or her vote. This subsection
 1848  does not apply to any food served which is to be consumed at an
 1849  election rally or a meeting or to any item of nominal value
 1850  which is used as an election advertisement, including a campaign
 1851  message designed to be worn by a member.
 1852         f. Using or threatening to use, directly or indirectly,
 1853  force, violence, or intimidation or any tactic of coercion or
 1854  intimidation to induce or compel a member to vote or refrain
 1855  from voting in an election or on a particular ballot measure.
 1856         2. Each of the following acts constitutes a misdemeanor of
 1857  the first degree, punishable as provided in s. 775.082 or s.
 1858  775.083:
 1859         a. Knowingly aiding, abetting, or advising a person in the
 1860  commission of a fraudulent voting activity related to
 1861  association elections.
 1862         b. Agreeing, conspiring, combining, or confederating with
 1863  at least one other person to commit a fraudulent voting activity
 1864  related to association elections.
 1865         c. Having knowledge of a fraudulent voting activity related
 1866  to association elections and giving any aid to the offender with
 1867  intent that the offender avoid or escape detection, arrest,
 1868  trial, or punishment. This paragraph does not apply to a
 1869  licensed attorney giving legal advice to a client.
 1870         Section 9. Subsection (5) of section 718.113, Florida
 1871  Statutes, is amended to read:
 1872         718.113 Maintenance; limitation upon improvement; display
 1873  of flag; hurricane shutters and protection; display of religious
 1874  decorations.—
 1875         (5) To protect the health, safety, and welfare of the
 1876  people of this state and to ensure uniformity and consistency in
 1877  the hurricane protections installed by condominium associations
 1878  and unit owners, this subsection applies to all residential and
 1879  mixed-use condominiums in this state, regardless of when the
 1880  condominium is created pursuant to the declaration of
 1881  condominium. Each board of administration of a residential
 1882  condominium or mixed-use condominium shall adopt hurricane
 1883  protection shutter specifications for each building within each
 1884  condominium operated by the association which may shall include
 1885  color, style, and other factors deemed relevant by the board.
 1886  All specifications adopted by the board must comply with the
 1887  applicable building code. The installation, maintenance, repair,
 1888  replacement, and operation of hurricane protection in accordance
 1889  with this subsection is not considered a material alteration or
 1890  substantial addition to the common elements or association
 1891  property within the meaning of this section.
 1892         (a) The board may, subject to s. 718.3026 and the approval
 1893  of a majority of voting interests of the residential condominium
 1894  or mixed-use condominium, install or require that unit owners
 1895  install hurricane shutters, impact glass, code-compliant windows
 1896  or doors, or other types of code-compliant hurricane protection
 1897  that complies comply with or exceeds exceed the applicable
 1898  building code. A vote of the unit owners to require the
 1899  installation of hurricane protection must be set forth in a
 1900  certificate attesting to such vote and include the date that the
 1901  hurricane protection must be installed. The board must record
 1902  the certificate in the public records of the county where the
 1903  condominium is located. The certificate must include the
 1904  recording data identifying the declaration of condominium and
 1905  must be executed in the form required for the execution of a
 1906  deed. Once the certificate is recorded, the board must mail or
 1907  hand deliver a copy of the recorded certificate to the unit
 1908  owners at the owners’ addresses, as reflected in the records of
 1909  the association. The board may provide a copy of the recorded
 1910  certificate by electronic transmission to unit owners who
 1911  previously consented to receive notice by electronic
 1912  transmission. The failure to record the certificate or send a
 1913  copy of the recorded certificate to the unit owners does not
 1914  affect the validity or enforceability of the vote of the unit
 1915  owners. However, A vote of the unit owners under this paragraph
 1916  is not required if the installation, maintenance, repair, and
 1917  replacement of the hurricane shutters, impact glass, code
 1918  compliant windows or doors, or other types of code-compliant
 1919  hurricane protection, or any exterior windows, doors, or other
 1920  apertures protected by the hurricane protection, is are the
 1921  responsibility of the association pursuant to the declaration of
 1922  condominium as originally recorded or as amended, or if the unit
 1923  owners are required to install hurricane protection pursuant to
 1924  the declaration of condominium as originally recorded or as
 1925  amended. If hurricane protection or laminated glass or window
 1926  film architecturally designed to function as hurricane
 1927  protection that complies with or exceeds the current applicable
 1928  building code has been previously installed, the board may not
 1929  install the same type of hurricane shutters, impact glass, code
 1930  compliant windows or doors, or other types of code-compliant
 1931  hurricane protection or require that unit owners install the
 1932  same type of hurricane protection unless the installed hurricane
 1933  protection has reached the end of its useful life or unless it
 1934  is necessary to prevent damage to the common elements or to a
 1935  unit except upon approval by a majority vote of the voting
 1936  interests.
 1937         (b)The association is responsible for the maintenance,
 1938  repair, and replacement of the hurricane shutters, impact glass,
 1939  code-compliant windows or doors, or other types of code
 1940  compliant hurricane protection authorized by this subsection if
 1941  such property is the responsibility of the association pursuant
 1942  to the declaration of condominium. If the hurricane shutters,
 1943  impact glass, code-compliant windows or doors, or other types of
 1944  code-compliant hurricane protection are the responsibility of
 1945  the unit owners pursuant to the declaration of condominium, the
 1946  maintenance, repair, and replacement of such items are the
 1947  responsibility of the unit owner.
 1948         (b)(c) The board may operate shutters, impact glass, code
 1949  compliant windows or doors, or other types of code-compliant
 1950  hurricane protection installed pursuant to this subsection
 1951  without permission of the unit owners only if such operation is
 1952  necessary to preserve and protect the condominium property or
 1953  and association property. The installation, replacement,
 1954  operation, repair, and maintenance of such shutters, impact
 1955  glass, code-compliant windows or doors, or other types of code
 1956  compliant hurricane protection in accordance with the procedures
 1957  set forth in this paragraph are not a material alteration to the
 1958  common elements or association property within the meaning of
 1959  this section.
 1960         (c)(d) Notwithstanding any other provision in the
 1961  residential condominium or mixed-use condominium documents, if
 1962  approval is required by the documents, a board may not refuse to
 1963  approve the installation or replacement of hurricane shutters,
 1964  impact glass, code-compliant windows or doors, or other types of
 1965  code-compliant hurricane protection by a unit owner which
 1966  conforms conforming to the specifications adopted by the board.
 1967  However, a board may require the unit owner to adhere to an
 1968  existing unified building scheme regarding the external
 1969  appearance of the condominium.
 1970         (d)A unit owner is not responsible for the cost of any
 1971  removal or reinstallation of hurricane protection, and any
 1972  exterior window, door, or other aperture protected by the
 1973  hurricane protection if its removal is necessary for the
 1974  maintenance, repair, or replacement of other condominium
 1975  property or association property for which the association is
 1976  responsible. The board shall determine if the removal or
 1977  reinstallation of hurricane protection must be completed by the
 1978  unit owner or the association. If such removal or reinstallation
 1979  is completed by the association, the costs incurred by the
 1980  association may not be charged to the unit owner. If such
 1981  removal or installation is completed by the unit owner, the
 1982  association must reimburse the unit owner for the cost of the
 1983  removal or installation or the association must apply the unit
 1984  owner’s cost of removal or installation as a credit toward
 1985  future assessments.
 1986         (e) If the removal or installation of hurricane protection
 1987  or of any exterior windows, doors, or other apertures protected
 1988  by the hurricane protection are the responsibility of the unit
 1989  owner, such removal or installation is completed by the
 1990  association, and the association then charges the unit owner for
 1991  such removal or installation, such charges are enforceable as an
 1992  assessment and may be collected in the manner provided under s.
 1993  718.116.
 1994         Section 10. Paragraph (e) of subsection (1) of section
 1995  718.115, Florida Statutes, is amended to read:
 1996         718.115 Common expenses and common surplus.—
 1997         (1)
 1998         (e)1.Except as provided in s. 718.113(5)(d) The expense of
 1999  installation, replacement, operation, repair, and maintenance of
 2000  hurricane shutters, impact glass, code-compliant windows or
 2001  doors, or other types of code-compliant hurricane protection by
 2002  the board pursuant to s. 718.113(5) constitutes a common expense
 2003  and shall be collected as provided in this section if the
 2004  association is responsible for the maintenance, repair, and
 2005  replacement of the hurricane shutters, impact glass, code
 2006  compliant windows or doors, or other types of code-compliant
 2007  hurricane protection pursuant to the declaration of condominium.
 2008  However, if the installation of maintenance, repair, and
 2009  replacement of the hurricane shutters, impact glass, code
 2010  compliant windows or doors, or other types of code-compliant
 2011  hurricane protection is are the responsibility of the unit
 2012  owners pursuant to the declaration of condominium or a vote of
 2013  the unit owners under s. 718.113(5), the cost of the
 2014  installation of the hurricane shutters, impact glass, code
 2015  compliant windows or doors, or other types of code-compliant
 2016  hurricane protection by the association is not a common expense
 2017  and must shall be charged individually to the unit owners based
 2018  on the cost of installation of the hurricane shutters, impact
 2019  glass, code-compliant windows or doors, or other types of code
 2020  compliant hurricane protection appurtenant to the unit. The
 2021  costs of installation of hurricane protection are enforceable as
 2022  an assessment and may be collected in the manner provided under
 2023  s. 718.116.
 2024         2. Notwithstanding s. 718.116(9), and regardless of whether
 2025  or not the declaration requires the association or unit owners
 2026  to install, maintain, repair, or replace hurricane shutters,
 2027  impact glass, code-compliant windows or doors, or other types of
 2028  code-compliant hurricane protection, the a unit owner of a unit
 2029  where who has previously installed hurricane shutters in
 2030  accordance with s. 718.113(5) that comply with the current
 2031  applicable building code shall receive a credit when the
 2032  shutters are installed; a unit owner who has previously
 2033  installed impact glass or code-compliant windows or doors that
 2034  comply with the current applicable building code shall receive a
 2035  credit when the impact glass or code-compliant windows or doors
 2036  are installed; and a unit owner who has installed other types of
 2037  code-compliant hurricane protection that complies comply with
 2038  the current applicable building code has been installed is
 2039  excused from any assessment levied by the association or shall
 2040  receive a credit if when the same type of other code-compliant
 2041  hurricane protection is installed by the association, and the
 2042  credit shall be equal to the pro rata portion of the assessed
 2043  installation cost assigned to each unit. A credit is applicable
 2044  if the installation of hurricane protection is for all other
 2045  units that do not have hurricane protection and the cost of such
 2046  installation is funded by the association’s budget, including
 2047  the use of reserve funds. The credit must be equal to the amount
 2048  that the unit owner would have been assessed to install the
 2049  hurricane protection. However, such unit owner remains
 2050  responsible for the pro rata share of expenses for hurricane
 2051  shutters, impact glass, code-compliant windows or doors, or
 2052  other types of code-compliant hurricane protection installed on
 2053  common elements and association property by the board pursuant
 2054  to s. 718.113(5) and remains responsible for a pro rata share of
 2055  the expense of the replacement, operation, repair, and
 2056  maintenance of such shutters, impact glass, code-compliant
 2057  windows or doors, or other types of code-compliant hurricane
 2058  protection. Expenses for the installation, replacement,
 2059  operation, repair, or maintenance of hurricane protection on
 2060  common elements and association property are common expenses.
 2061         Section 11. Subsection (10) of section 718.116, Florida
 2062  Statutes, is amended to read:
 2063         718.116 Assessments; liability; lien and priority;
 2064  interest; collection.—
 2065         (10) The specific purpose or purposes of any special
 2066  assessment, including any contingent special assessment levied
 2067  in conjunction with the purchase of an insurance policy
 2068  authorized by s. 718.111(11), approved in accordance with the
 2069  condominium documents shall be set forth in a written notice of
 2070  such assessment sent or delivered to each unit owner and
 2071  recorded in the public records. The funds collected pursuant to
 2072  a special assessment shall be used only for the specific purpose
 2073  or purposes set forth in such notice. However, upon completion
 2074  of such specific purpose or purposes, any excess funds will be
 2075  considered common surplus, and may, at the discretion of the
 2076  board, either be returned to the unit owners or applied as a
 2077  credit toward future assessments.
 2078         Section 12. Paragraph (a) of subsection (4) of section
 2079  718.121, Florida Statutes, is amended to read:
 2080         718.121 Liens.—
 2081         (4)(a) If an association sends out an invoice for
 2082  assessments or a unit’s statement of the account described in s.
 2083  718.111(12)(a)11.c. s. 718.111(12)(a)11.b., the invoice for
 2084  assessments or the unit’s statement of account must be delivered
 2085  to the unit owner by first-class United States mail or by
 2086  electronic transmission to the unit owner’s e-mail address
 2087  maintained in the association’s official records.
 2088         Section 13. Section 718.1224, Florida Statutes, is amended
 2089  to read:
 2090         718.1224 Prohibition against SLAPP suits; other prohibited
 2091  actions.—
 2092         (1) It is the intent of the Legislature to protect the
 2093  right of condominium unit owners to exercise their rights to
 2094  instruct their representatives and petition for redress of
 2095  grievances before their condominium association and the various
 2096  governmental entities of this state as protected by the First
 2097  Amendment to the United States Constitution and s. 5, Art. I of
 2098  the State Constitution. The Legislature recognizes that
 2099  strategic lawsuits against public participation, or “SLAPP
 2100  suits,” as they are typically referred to, have occurred when
 2101  association members are sued by condominium associations,
 2102  individuals, business entities, or governmental entities arising
 2103  out of a condominium unit owner’s appearance and presentation
 2104  before the board of the condominium association or a
 2105  governmental entity on matters related to the condominium
 2106  association. However, it is the public policy of this state that
 2107  condominium associations, governmental entities, business
 2108  organizations, and individuals not engage in SLAPP suits,
 2109  because such actions are inconsistent with the right of
 2110  condominium unit owners to participate in their condominium
 2111  association and in the state’s institutions of government.
 2112  Therefore, the Legislature finds and declares that prohibiting
 2113  such lawsuits by condominium associations, governmental
 2114  entities, business entities, and individuals against condominium
 2115  unit owners who address matters concerning their condominium
 2116  association will preserve this fundamental state policy,
 2117  preserve the constitutional rights of condominium unit owners,
 2118  and ensure the continuation of representative government in this
 2119  state, and ensure unit owner participation in condominium
 2120  associations. It is the intent of the Legislature that such
 2121  lawsuits be expeditiously disposed of by the courts. As used in
 2122  this subsection, the term “governmental entity” means the state,
 2123  including the executive, legislative, and judicial branches of
 2124  government; law enforcement agencies; the independent
 2125  establishments of the state, counties, municipalities,
 2126  districts, authorities, boards, or commissions; or any agencies
 2127  of these branches that are subject to chapter 286.
 2128         (2) A condominium association, governmental entity,
 2129  business organization, or individual in this state may not file
 2130  or cause to be filed through its employees or agents any
 2131  lawsuit, cause of action, claim, cross-claim, or counterclaim
 2132  against a condominium unit owner without merit and solely
 2133  because such condominium unit owner has exercised the right to
 2134  instruct his or her representatives or the right to petition for
 2135  redress of grievances before the condominium association or the
 2136  various governmental entities of this state, as protected by the
 2137  First Amendment to the United States Constitution and s. 5, Art.
 2138  I of the State Constitution.
 2139         (3) It is unlawful for a condominium association to fine,
 2140  discriminatorily increase a unit owner’s assessments or
 2141  discriminatorily decrease services to a unit owner, or bring or
 2142  threaten to bring an action for possession or other civil
 2143  action, including a defamation, libel, slander, or tortious
 2144  interference action, based on conduct described in paragraphs
 2145  (a) through (f). In order for the unit owner to raise the
 2146  defense of retaliatory conduct, the unit owner must have acted
 2147  in good faith and not for any improper purposes, such as to
 2148  harass or to cause unnecessary delay or for frivolous purpose or
 2149  needless increase in the cost of litigation. Examples of conduct
 2150  for which a condominium association, officer, director, or agent
 2151  of an association may not retaliate include, but are not limited
 2152  to, situations where:
 2153         (a) The unit owner has in good faith complained to a
 2154  governmental agency charged with responsibility for enforcement
 2155  of a building, housing, or health code of a suspected violation
 2156  applicable to the condominium;
 2157         (b) The unit owner has organized, encouraged, or
 2158  participated in a unit owners’ organization;
 2159         (c) The unit owner submitted information or filed a
 2160  complaint alleging criminal violations or violations of this
 2161  chapter or the rules of the division with the division, the
 2162  Office of the Condominium Ombudsman, a law enforcement agency, a
 2163  state attorney, the Attorney General, or any other governmental
 2164  agency;
 2165         (d) The unit owner has exercised his or her rights under
 2166  this chapter;
 2167         (e) The unit owner has complained to the association or any
 2168  of its representatives for their failure to comply with this
 2169  chapter or chapter 617; or
 2170         (f) The unit owner has made public statements critical of
 2171  the operation or management of the association.
 2172         (4) Evidence of retaliatory conduct may be raised by the
 2173  unit owner as a defense in any action brought against him or her
 2174  for possession.
 2175         (5) A condominium unit owner sued by a condominium
 2176  association, governmental entity, business organization, or
 2177  individual in violation of this section has a right to an
 2178  expeditious resolution of a claim that the suit is in violation
 2179  of this section. A condominium unit owner may petition the court
 2180  for an order dismissing the action or granting final judgment in
 2181  favor of that condominium unit owner. The petitioner may file a
 2182  motion for summary judgment, together with supplemental
 2183  affidavits, seeking a determination that the condominium
 2184  association’s, governmental entity’s, business organization’s,
 2185  or individual’s lawsuit has been brought in violation of this
 2186  section. The condominium association, governmental entity,
 2187  business organization, or individual shall thereafter file its
 2188  response and any supplemental affidavits. As soon as
 2189  practicable, the court shall set a hearing on the petitioner’s
 2190  motion, which shall be held at the earliest possible time after
 2191  the filing of the condominium association’s, governmental
 2192  entity’s, business organization’s, or individual’s response. The
 2193  court may award the condominium unit owner sued by the
 2194  condominium association, governmental entity, business
 2195  organization, or individual actual damages arising from the
 2196  condominium association’s, governmental entity’s, individual’s,
 2197  or business organization’s violation of this section. A court
 2198  may treble the damages awarded to a prevailing condominium unit
 2199  owner and shall state the basis for the treble damages award in
 2200  its judgment. The court shall award the prevailing party
 2201  reasonable attorney’s fees and costs incurred in connection with
 2202  a claim that an action was filed in violation of this section.
 2203         (6)(4) Condominium associations may not expend association
 2204  funds in prosecuting a SLAPP suit against a condominium unit
 2205  owner.
 2206         (7Condominium associations may not expend association
 2207  funds in support of a defamation, libel, slander, or tortious
 2208  interference action against a unit owner or any other claim
 2209  against a unit owner based on conduct described in paragraphs
 2210  (3)(a)-(f).
 2211         Section 14. Paragraph (p) of subsection (4) of section
 2212  718.301, Florida Statutes, is amended to read:
 2213         718.301 Transfer of association control; claims of defect
 2214  by association.—
 2215         (4) At the time that unit owners other than the developer
 2216  elect a majority of the members of the board of administration
 2217  of an association, the developer shall relinquish control of the
 2218  association, and the unit owners shall accept control.
 2219  Simultaneously, or for the purposes of paragraph (c) not more
 2220  than 90 days thereafter, the developer shall deliver to the
 2221  association, at the developer’s expense, all property of the
 2222  unit owners and of the association which is held or controlled
 2223  by the developer, including, but not limited to, the following
 2224  items, if applicable, as to each condominium operated by the
 2225  association:
 2226         (p) Notwithstanding when the certificate of occupancy was
 2227  issued or the height of the building, a turnover inspection
 2228  report included in the official records, under seal of an
 2229  architect or engineer authorized to practice in this state or a
 2230  person certified as a reserve specialist or professional reserve
 2231  analyst by the Community Associations Institute or the
 2232  Association of Professional Reserve Analysts, and consisting of
 2233  a structural integrity reserve study attesting to required
 2234  maintenance, condition, useful life, and replacement costs of
 2235  the following applicable condominium property:
 2236         1. Roof.
 2237         2. Structure, including load-bearing walls and primary
 2238  structural members and primary structural systems as those terms
 2239  are defined in s. 627.706.
 2240         3. Fireproofing and fire protection systems.
 2241         4. Plumbing.
 2242         5. Electrical systems.
 2243         6. Waterproofing and exterior painting.
 2244         7. Windows and exterior doors.
 2245         Section 15. Paragraph (a) of subsection (2) of section
 2246  718.3026, Florida Statutes, is amended to read:
 2247         718.3026 Contracts for products and services; in writing;
 2248  bids; exceptions.—Associations with 10 or fewer units may opt
 2249  out of the provisions of this section if two-thirds of the unit
 2250  owners vote to do so, which opt-out may be accomplished by a
 2251  proxy specifically setting forth the exception from this
 2252  section.
 2253         (2)(a) Notwithstanding the foregoing, contracts with
 2254  employees of the association, and contracts for attorney,
 2255  accountant, architect, community association manager, timeshare
 2256  management firm, engineering, registered investment adviser, and
 2257  landscape architect services are not subject to the provisions
 2258  of this section.
 2259         Section 16. Subsections (4) and (5) of section 718.3027,
 2260  Florida Statutes, are amended to read:
 2261         718.3027 Conflicts of interest.—
 2262         (4) A director or an officer, or a relative of a director
 2263  or an officer, who is a party to, or has an interest in, an
 2264  activity that is a possible conflict of interest, as described
 2265  in subsection (1), may attend the meeting at which the activity
 2266  is considered by the board and is authorized to make a
 2267  presentation to the board regarding the activity. After the
 2268  presentation, the director or officer, and any or the relative
 2269  of the director or officer, must leave the meeting during the
 2270  discussion of, and the vote on, the activity. A director or an
 2271  officer who is a party to, or has an interest in, the activity
 2272  must recuse himself or herself from the vote. The attendance of
 2273  a director with a possible conflict of interest at the meeting
 2274  of the board is sufficient to constitute a quorum for the
 2275  meeting and the vote in his or her absence on the proposed
 2276  activity.
 2277         (5) A contract entered into between a director or an
 2278  officer, or a relative of a director or an officer, and the
 2279  association, which is not a timeshare condominium association,
 2280  that has not been properly disclosed as a conflict of interest
 2281  or potential conflict of interest as required by this section or
 2282  s. 617.0832 s. 718.111(12)(g) is voidable and terminates upon
 2283  the filing of a written notice terminating the contract with the
 2284  board of directors which contains the consent of at least 20
 2285  percent of the voting interests of the association.
 2286         Section 17. Subsection (5) of section 718.303, Florida
 2287  Statutes, is amended to read:
 2288         718.303 Obligations of owners and occupants; remedies.—
 2289         (5) An association may suspend the voting rights of a unit
 2290  owner or member due to nonpayment of any fee, fine, or other
 2291  monetary obligation due to the association which is more than
 2292  $1,000 and more than 90 days delinquent. Proof of such
 2293  obligation must be provided to the unit owner or member 30 days
 2294  before such suspension takes effect. Notice of such obligation
 2295  must also be provided to the unit owner at least 90 days before
 2296  an election or vote of the members. A voting interest or consent
 2297  right allocated to a unit owner or member which has been
 2298  suspended by the association shall be subtracted from the total
 2299  number of voting interests in the association, which shall be
 2300  reduced by the number of suspended voting interests when
 2301  calculating the total percentage or number of all voting
 2302  interests available to take or approve any action, and the
 2303  suspended voting interests shall not be considered for any
 2304  purpose, including, but not limited to, the percentage or number
 2305  of voting interests necessary to constitute a quorum, the
 2306  percentage or number of voting interests required to conduct an
 2307  election, or the percentage or number of voting interests
 2308  required to approve an action under this chapter or pursuant to
 2309  the declaration, articles of incorporation, or bylaws. The
 2310  suspension ends upon full payment of all obligations currently
 2311  due or overdue the association. The notice and hearing
 2312  requirements under subsection (3) do not apply to a suspension
 2313  imposed under this subsection.
 2314         Section 18. Subsections (1) and (2) of section 718.501,
 2315  Florida Statutes, are amended to read:
 2316         718.501 Authority, responsibility, and duties of Division
 2317  of Florida Condominiums, Timeshares, and Mobile Homes.—
 2318         (1) The division may enforce and ensure compliance with
 2319  this chapter and rules relating to the development,
 2320  construction, sale, lease, ownership, operation, and management
 2321  of residential condominium units and complaints related to the
 2322  procedural completion of milestone inspections under s. 553.899.
 2323  In performing its duties, the division has complete jurisdiction
 2324  to investigate complaints and enforce compliance with respect to
 2325  associations that are still under developer control or the
 2326  control of a bulk assignee or bulk buyer pursuant to part VII of
 2327  this chapter and complaints against developers, bulk assignees,
 2328  or bulk buyers involving improper turnover or failure to
 2329  turnover, pursuant to s. 718.301. However, after turnover has
 2330  occurred, the division has jurisdiction to investigate
 2331  complaints related only to financial issues, elections, and the
 2332  maintenance of and unit owner access to association records
 2333  under s. 718.111(12), and the procedural completion of
 2334  structural integrity reserve studies under s. 718.112(2)(g).
 2335         (a)1. The division may make necessary public or private
 2336  investigations within or outside this state to determine whether
 2337  any person has violated this chapter or any rule or order
 2338  hereunder, to aid in the enforcement of this chapter, or to aid
 2339  in the adoption of rules or forms.
 2340         2. The division may submit any official written report,
 2341  worksheet, or other related paper, or a duly certified copy
 2342  thereof, compiled, prepared, drafted, or otherwise made by and
 2343  duly authenticated by a financial examiner or analyst to be
 2344  admitted as competent evidence in any hearing in which the
 2345  financial examiner or analyst is available for cross-examination
 2346  and attests under oath that such documents were prepared as a
 2347  result of an examination or inspection conducted pursuant to
 2348  this chapter.
 2349         (b) The division may require or permit any person to file a
 2350  statement in writing, under oath or otherwise, as the division
 2351  determines, as to the facts and circumstances concerning a
 2352  matter to be investigated.
 2353         (c) For the purpose of any investigation under this
 2354  chapter, the division director or any officer or employee
 2355  designated by the division director may administer oaths or
 2356  affirmations, subpoena witnesses and compel their attendance,
 2357  take evidence, and require the production of any matter which is
 2358  relevant to the investigation, including the existence,
 2359  description, nature, custody, condition, and location of any
 2360  books, documents, or other tangible things and the identity and
 2361  location of persons having knowledge of relevant facts or any
 2362  other matter reasonably calculated to lead to the discovery of
 2363  material evidence. Upon the failure by a person to obey a
 2364  subpoena or to answer questions propounded by the investigating
 2365  officer and upon reasonable notice to all affected persons, the
 2366  division may apply to the circuit court for an order compelling
 2367  compliance.
 2368         (d) Notwithstanding any remedies available to unit owners
 2369  and associations, if the division has reasonable cause to
 2370  believe that a violation of any provision of this chapter or
 2371  related rule has occurred, the division may institute
 2372  enforcement proceedings in its own name against any developer,
 2373  bulk assignee, bulk buyer, association, officer, or member of
 2374  the board of administration, or its assignees or agents, as
 2375  follows:
 2376         1. The division may permit a person whose conduct or
 2377  actions may be under investigation to waive formal proceedings
 2378  and enter into a consent proceeding whereby orders, rules, or
 2379  letters of censure or warning, whether formal or informal, may
 2380  be entered against the person.
 2381         2. The division may issue an order requiring the developer,
 2382  bulk assignee, bulk buyer, association, developer-designated
 2383  officer, or developer-designated member of the board of
 2384  administration, developer-designated assignees or agents, bulk
 2385  assignee-designated assignees or agents, bulk buyer-designated
 2386  assignees or agents, community association manager, or community
 2387  association management firm to cease and desist from the
 2388  unlawful practice and take such affirmative action as in the
 2389  judgment of the division carry out the purposes of this chapter.
 2390  If the division finds that a developer, bulk assignee, bulk
 2391  buyer, association, officer, or member of the board of
 2392  administration, or its assignees or agents, is violating or is
 2393  about to violate any provision of this chapter, any rule adopted
 2394  or order issued by the division, or any written agreement
 2395  entered into with the division, and presents an immediate danger
 2396  to the public requiring an immediate final order, it may issue
 2397  an emergency cease and desist order reciting with particularity
 2398  the facts underlying such findings. The emergency cease and
 2399  desist order is effective for 90 days. If the division begins
 2400  nonemergency cease and desist proceedings, the emergency cease
 2401  and desist order remains effective until the conclusion of the
 2402  proceedings under ss. 120.569 and 120.57.
 2403         3. If a developer, bulk assignee, or bulk buyer fails to
 2404  pay any restitution determined by the division to be owed, plus
 2405  any accrued interest at the highest rate permitted by law,
 2406  within 30 days after expiration of any appellate time period of
 2407  a final order requiring payment of restitution or the conclusion
 2408  of any appeal thereof, whichever is later, the division must
 2409  bring an action in circuit or county court on behalf of any
 2410  association, class of unit owners, lessees, or purchasers for
 2411  restitution, declaratory relief, injunctive relief, or any other
 2412  available remedy. The division may also temporarily revoke its
 2413  acceptance of the filing for the developer to which the
 2414  restitution relates until payment of restitution is made.
 2415         4. The division may petition the court for appointment of a
 2416  receiver or conservator. If appointed, the receiver or
 2417  conservator may take action to implement the court order to
 2418  ensure the performance of the order and to remedy any breach
 2419  thereof. In addition to all other means provided by law for the
 2420  enforcement of an injunction or temporary restraining order, the
 2421  circuit court may impound or sequester the property of a party
 2422  defendant, including books, papers, documents, and related
 2423  records, and allow the examination and use of the property by
 2424  the division and a court-appointed receiver or conservator.
 2425         5. The division may apply to the circuit court for an order
 2426  of restitution whereby the defendant in an action brought under
 2427  subparagraph 4. is ordered to make restitution of those sums
 2428  shown by the division to have been obtained by the defendant in
 2429  violation of this chapter. At the option of the court, such
 2430  restitution is payable to the conservator or receiver appointed
 2431  under subparagraph 4. or directly to the persons whose funds or
 2432  assets were obtained in violation of this chapter.
 2433         6. The division may impose a civil penalty against a
 2434  developer, bulk assignee, or bulk buyer, or association, or its
 2435  assignee or agent, for any violation of this chapter or related
 2436  rule. The division may impose a civil penalty individually
 2437  against an officer or board member who willfully and knowingly
 2438  violates this chapter, an adopted rule, or a final order of the
 2439  division; may order the removal of such individual as an officer
 2440  or from the board of administration or as an officer of the
 2441  association; and may prohibit such individual from serving as an
 2442  officer or on the board of a community association for a period
 2443  of time. The term “willfully and knowingly” means that the
 2444  division informed the officer or board member that his or her
 2445  action or intended action violates this chapter, a rule adopted
 2446  under this chapter, or a final order of the division and that
 2447  the officer or board member refused to comply with the
 2448  requirements of this chapter, a rule adopted under this chapter,
 2449  or a final order of the division. The division, before
 2450  initiating formal agency action under chapter 120, must afford
 2451  the officer or board member an opportunity to voluntarily
 2452  comply, and an officer or board member who complies within 10
 2453  days is not subject to a civil penalty. A penalty may be imposed
 2454  on the basis of each day of continuing violation, but the
 2455  penalty for any offense may not exceed $5,000. The division
 2456  shall adopt, by rule, penalty guidelines applicable to possible
 2457  violations or to categories of violations of this chapter or
 2458  rules adopted by the division. The guidelines must specify a
 2459  meaningful range of civil penalties for each such violation of
 2460  the statute and rules and must be based upon the harm caused by
 2461  the violation, upon the repetition of the violation, and upon
 2462  such other factors deemed relevant by the division. For example,
 2463  the division may consider whether the violations were committed
 2464  by a developer, bulk assignee, or bulk buyer, or owner
 2465  controlled association, the size of the association, and other
 2466  factors. The guidelines must designate the possible mitigating
 2467  or aggravating circumstances that justify a departure from the
 2468  range of penalties provided by the rules. It is the legislative
 2469  intent that minor violations be distinguished from those which
 2470  endanger the health, safety, or welfare of the condominium
 2471  residents or other persons and that such guidelines provide
 2472  reasonable and meaningful notice to the public of likely
 2473  penalties that may be imposed for proscribed conduct. This
 2474  subsection does not limit the ability of the division to
 2475  informally dispose of administrative actions or complaints by
 2476  stipulation, agreed settlement, or consent order. All amounts
 2477  collected shall be deposited with the Chief Financial Officer to
 2478  the credit of the Division of Florida Condominiums, Timeshares,
 2479  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 2480  bulk buyer fails to pay the civil penalty and the amount deemed
 2481  to be owed to the association, the division shall issue an order
 2482  directing that such developer, bulk assignee, or bulk buyer
 2483  cease and desist from further operation until such time as the
 2484  civil penalty is paid or may pursue enforcement of the penalty
 2485  in a court of competent jurisdiction. If an association fails to
 2486  pay the civil penalty, the division shall pursue enforcement in
 2487  a court of competent jurisdiction, and the order imposing the
 2488  civil penalty or the cease and desist order is not effective
 2489  until 20 days after the date of such order. Any action commenced
 2490  by the division shall be brought in the county in which the
 2491  division has its executive offices or in the county where the
 2492  violation occurred.
 2493         7. If a unit owner presents the division with proof that
 2494  the unit owner has requested access to official records in
 2495  writing by certified mail, and that after 10 days the unit owner
 2496  again made the same request for access to official records in
 2497  writing by certified mail, and that more than 10 days has
 2498  elapsed since the second request and the association has still
 2499  failed or refused to provide access to official records as
 2500  required by this chapter, the division shall issue a subpoena
 2501  requiring production of the requested records where the records
 2502  are kept pursuant to s. 718.112. Upon receipt of the records,
 2503  the division must provide without charge the produced official
 2504  records to the unit owner who was denied access to such records.
 2505         8. In addition to subparagraph 6., the division may seek
 2506  the imposition of a civil penalty through the circuit court for
 2507  any violation for which the division may issue a notice to show
 2508  cause under paragraph (s) (r). The civil penalty shall be at
 2509  least $500 but no more than $5,000 for each violation. The court
 2510  may also award to the prevailing party court costs and
 2511  reasonable attorney fees and, if the division prevails, may also
 2512  award reasonable costs of investigation.
 2513         (e) The division may prepare and disseminate a prospectus
 2514  and other information to assist prospective owners, purchasers,
 2515  lessees, and developers of residential condominiums in assessing
 2516  the rights, privileges, and duties pertaining thereto.
 2517         (f) The division may adopt rules to administer and enforce
 2518  this chapter.
 2519         (g) The division shall establish procedures for providing
 2520  notice to an association and the developer, bulk assignee, or
 2521  bulk buyer during the period in which the developer, bulk
 2522  assignee, or bulk buyer controls the association if the division
 2523  is considering the issuance of a declaratory statement with
 2524  respect to the declaration of condominium or any related
 2525  document governing such condominium community.
 2526         (h) The division shall furnish each association that pays
 2527  the fees required by paragraph (2)(a) a copy of this chapter, as
 2528  amended, and the rules adopted thereto on an annual basis.
 2529         (i) The division shall annually provide each association
 2530  with a summary of declaratory statements and formal legal
 2531  opinions relating to the operations of condominiums which were
 2532  rendered by the division during the previous year.
 2533         (j) The division shall provide training and educational
 2534  programs for condominium association board members and unit
 2535  owners. The training may, in the division’s discretion, include
 2536  web-based electronic media and live training and seminars in
 2537  various locations throughout the state. The division may review
 2538  and approve education and training programs for board members
 2539  and unit owners offered by providers and shall maintain a
 2540  current list of approved programs and providers and make such
 2541  list available to board members and unit owners in a reasonable
 2542  and cost-effective manner. The division shall provide the
 2543  educational curriculum required under s. 718.112(2)(d) and issue
 2544  a certificate of satisfactory completion to directors of the
 2545  board of administration at no charge, including when the
 2546  required educational curriculum is provided by a division
 2547  approved condominium education provider.
 2548         (k) The division shall maintain a toll-free telephone
 2549  number accessible to condominium unit owners.
 2550         (l) The division shall develop a program to certify both
 2551  volunteer and paid mediators to provide mediation of condominium
 2552  disputes. The division shall provide, upon request, a list of
 2553  such mediators to any association, unit owner, or other
 2554  participant in alternative dispute resolution proceedings under
 2555  s. 718.1255 requesting a copy of the list. The division shall
 2556  include on the list of volunteer mediators only the names of
 2557  persons who have received at least 20 hours of training in
 2558  mediation techniques or who have mediated at least 20 disputes.
 2559  In order to become initially certified by the division, paid
 2560  mediators must be certified by the Supreme Court to mediate
 2561  court cases in county or circuit courts. However, the division
 2562  may adopt, by rule, additional factors for the certification of
 2563  paid mediators, which must be related to experience, education,
 2564  or background. Any person initially certified as a paid mediator
 2565  by the division must, in order to continue to be certified,
 2566  comply with the factors or requirements adopted by rule.
 2567         (m) If a complaint is made, the division must conduct its
 2568  inquiry with due regard for the interests of the affected
 2569  parties. Within 30 days after receipt of a complaint, the
 2570  division shall acknowledge the complaint in writing and notify
 2571  the complainant whether the complaint is within the jurisdiction
 2572  of the division and whether additional information is needed by
 2573  the division from the complainant. The division shall conduct
 2574  its investigation and, within 90 days after receipt of the
 2575  original complaint or of timely requested additional
 2576  information, take action upon the complaint. However, the
 2577  failure to complete the investigation within 90 days does not
 2578  prevent the division from continuing the investigation,
 2579  accepting or considering evidence obtained or received after 90
 2580  days, or taking administrative action if reasonable cause exists
 2581  to believe that a violation of this chapter or a rule has
 2582  occurred. If an investigation is not completed within the time
 2583  limits established in this paragraph, the division shall, on a
 2584  monthly basis, notify the complainant in writing of the status
 2585  of the investigation. When reporting its action to the
 2586  complainant, the division shall inform the complainant of any
 2587  right to a hearing under ss. 120.569 and 120.57. The division
 2588  may adopt rules regarding the submission of a complaint against
 2589  an association.
 2590         (n) Condominium association directors, officers, and
 2591  employees; condominium developers; bulk assignees, bulk buyers,
 2592  and community association managers; and community association
 2593  management firms have an ongoing duty to reasonably cooperate
 2594  with the division in any investigation under this section. The
 2595  division shall refer to local law enforcement authorities any
 2596  person whom the division believes has altered, destroyed,
 2597  concealed, or removed any record, document, or thing required to
 2598  be kept or maintained by this chapter with the purpose to impair
 2599  its verity or availability in the department’s investigation.
 2600  The division shall refer to local law enforcement authorities
 2601  any person whom the division believes has engaged in fraud,
 2602  theft, embezzlement, or other criminal activity or when the
 2603  division has cause to believe that fraud, theft, embezzlement,
 2604  or other criminal activity has occurred.
 2605         (o) The division director or any officer or employee of the
 2606  division, and the condominium ombudsman or employee of the
 2607  Office of the Condominium Ombudsman may attend and observe any
 2608  meeting of the board of administration or unit owner meeting,
 2609  including any meeting of a subcommittee or special committee,
 2610  that is open to members of the association for the purpose of
 2611  performing the duties of the division or the Office of the
 2612  Condominium Ombudsman under this chapter.
 2613         (p) The division may:
 2614         1. Contract with agencies in this state or other
 2615  jurisdictions to perform investigative functions; or
 2616         2. Accept grants-in-aid from any source.
 2617         (q)(p) The division shall cooperate with similar agencies
 2618  in other jurisdictions to establish uniform filing procedures
 2619  and forms, public offering statements, advertising standards,
 2620  and rules and common administrative practices.
 2621         (r)(q) The division shall consider notice to a developer,
 2622  bulk assignee, or bulk buyer to be complete when it is delivered
 2623  to the address of the developer, bulk assignee, or bulk buyer
 2624  currently on file with the division.
 2625         (s)(r) In addition to its enforcement authority, the
 2626  division may issue a notice to show cause, which must provide
 2627  for a hearing, upon written request, in accordance with chapter
 2628  120.
 2629         (t) The division shall routinely conduct random audits of
 2630  condominium associations to determine compliance with the
 2631  website or application requirements for official records under
 2632  s. 718.111(12)(g).
 2633         (u)(s) The division shall submit to the Governor, the
 2634  President of the Senate, the Speaker of the House of
 2635  Representatives, and the chairs of the legislative
 2636  appropriations committees an annual report that includes, but
 2637  need not be limited to, the number of training programs provided
 2638  for condominium association board members and unit owners, the
 2639  number of complaints received by type, the number and percent of
 2640  complaints acknowledged in writing within 30 days and the number
 2641  and percent of investigations acted upon within 90 days in
 2642  accordance with paragraph (m), and the number of investigations
 2643  exceeding the 90-day requirement. The annual report must also
 2644  include an evaluation of the division’s core business processes
 2645  and make recommendations for improvements, including statutory
 2646  changes. The report shall be submitted by September 30 following
 2647  the end of the fiscal year.
 2648         (2)(a) Each condominium association which operates more
 2649  than two units shall pay to the division an annual fee in the
 2650  amount of $4 for each residential unit in condominiums operated
 2651  by the association. The annual fee shall be filed together with
 2652  the annual certification described in paragraph (c). If the fee
 2653  is not paid by March 1, the association shall be assessed a
 2654  penalty of 10 percent of the amount due, and the association
 2655  will not have standing to maintain or defend any action in the
 2656  courts of this state until the amount due, plus any penalty, is
 2657  paid.
 2658         (b) All fees shall be deposited in the Division of Florida
 2659  Condominiums, Timeshares, and Mobile Homes Trust Fund as
 2660  provided by law.
 2661         (c) On the certification form provided by the division, the
 2662  directors of the association shall certify that all directors of
 2663  the association have completed the written certification and
 2664  educational certificate requirements in s. 718.112(2)(d)4.b.
 2665         Section 19. Subsection (1) of section 718.618, Florida
 2666  Statutes, is amended to read:
 2667         718.618 Converter reserve accounts; warranties.—
 2668         (1) When existing improvements are converted to ownership
 2669  as a residential condominium, the developer shall establish
 2670  converter reserve accounts for capital expenditures and planned
 2671  deferred maintenance, or give warranties as provided by
 2672  subsection (6), or post a surety bond as provided by subsection
 2673  (7). The developer shall fund the converter reserve accounts in
 2674  amounts calculated as follows:
 2675         (a)1. When the existing improvements include an air
 2676  conditioning system serving more than one unit or property which
 2677  the association is responsible to repair, maintain, or replace,
 2678  the developer shall fund an air-conditioning reserve account.
 2679  The amount of the reserve account shall be the product of the
 2680  estimated current replacement cost of the system, as disclosed
 2681  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2682  fraction, the numerator of which shall be the lesser of the age
 2683  of the system in years or 9, and the denominator of which shall
 2684  be 10. When such air-conditioning system is within 1,000 yards
 2685  of the seacoast, the numerator shall be the lesser of the age of
 2686  the system in years or 3, and the denominator shall be 4.
 2687         2. The developer shall fund a plumbing reserve account. The
 2688  amount of the funding shall be the product of the estimated
 2689  current replacement cost of the plumbing component, as disclosed
 2690  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2691  fraction, the numerator of which shall be the lesser of the age
 2692  of the plumbing in years or 36, and the denominator of which
 2693  shall be 40.
 2694         3. The developer shall fund a roof reserve account. The
 2695  amount of the funding shall be the product of the estimated
 2696  current replacement cost of the roofing component, as disclosed
 2697  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2698  fraction, the numerator of which shall be the lesser of the age
 2699  of the roof in years or the numerator listed in the following
 2700  table. The denominator of the fraction shall be determined based
 2701  on the roof type, as follows:
 2702  
 2703        Roof Type               Numerator          Denominator      
 2704  a.    Built-up roof without insulation        4                   5           
 2705  b.    Built-up roof with insulation        4                   5           
 2706  c.    Cement tile roof            45                  50          
 2707  d.    Asphalt shingle roof        14                  15          
 2708  e.    Copper roof                                                 
 2709  f.    Wood shingle roof           9                   10          
 2710  g.    All other types             18                  20          
 2711         (b) The age of any component or structure for which the
 2712  developer is required to fund a reserve account shall be
 2713  measured in years, rounded to the nearest whole year. The amount
 2714  of converter reserves to be funded by the developer for each
 2715  structure or component shall be based on the age of the
 2716  structure or component as disclosed in the inspection report.
 2717  The architect or engineer shall determine the age of the
 2718  component from the later of:
 2719         1. The date when the component or structure was replaced or
 2720  substantially renewed, if the replacement or renewal of the
 2721  component at least met the requirements of the then-applicable
 2722  building code; or
 2723         2. The date when the installation or construction of the
 2724  existing component or structure was completed.
 2725         (c) When the age of a component or structure is to be
 2726  measured from the date of replacement or renewal, the developer
 2727  shall provide the division with a certificate, under the seal of
 2728  an architect or engineer authorized to practice in this state,
 2729  verifying:
 2730         1. The date of the replacement or renewal; and
 2731         2. That the replacement or renewal at least met the
 2732  requirements of the then-applicable building code.
 2733         (d) In addition to establishing the reserve accounts
 2734  specified above, the developer shall establish those other
 2735  reserve accounts required by s. 718.112(2)(f), and shall fund
 2736  those accounts in accordance with the formula provided therein.
 2737  The vote to waive or reduce the funding or reserves required by
 2738  s. 718.112(2)(f) does not affect or negate the obligations
 2739  arising under this section.
 2740         Section 20. Paragraphs (j) and (k) of subsection (1) of
 2741  section 719.106, Florida Statutes, are amended to read:
 2742         719.106 Bylaws; cooperative ownership.—
 2743         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 2744  documents shall provide for the following, and if they do not,
 2745  they shall be deemed to include the following:
 2746         (j) Annual budget.—
 2747         1. The proposed annual budget of common expenses must be
 2748  detailed and must show the amounts budgeted by accounts and
 2749  expense classifications, including, if applicable, but not
 2750  limited to, those expenses listed in s. 719.504(20). The board
 2751  of administration shall adopt the annual budget at least 14 days
 2752  before the start of the association’s fiscal year. In the event
 2753  that the board fails to timely adopt the annual budget a second
 2754  time, it is deemed a minor violation and the prior year’s budget
 2755  shall continue in effect until a new budget is adopted.
 2756         2. In addition to annual operating expenses, the budget
 2757  must include reserve accounts for capital expenditures and
 2758  planned deferred maintenance. These accounts must include, but
 2759  not be limited to, roof replacement, building painting, and
 2760  pavement resurfacing, regardless of the amount of planned
 2761  deferred maintenance expense or replacement cost, and for any
 2762  other items for which the planned deferred maintenance expense
 2763  or replacement cost exceeds $10,000. The amount to be reserved
 2764  must be computed by means of a formula which is based upon
 2765  estimated remaining useful life and estimated replacement cost
 2766  or planned deferred maintenance expense of the reserve item. In
 2767  a budget adopted by an association that is required to obtain a
 2768  structural integrity reserve study, reserves must be maintained
 2769  for the items identified in paragraph (k) for which the
 2770  association is responsible pursuant to the declaration, and the
 2771  reserve amount for such items must be based on the findings and
 2772  recommendations of the association’s most recent structural
 2773  integrity reserve study. With respect to items for which an
 2774  estimate of useful life is not readily ascertainable or with an
 2775  estimated remaining useful life of greater than 25 years, an
 2776  association is not required to reserve replacement costs for
 2777  such items, but an association must reserve the amount of
 2778  planned deferred maintenance expense, if any, which is
 2779  recommended by the structural integrity reserve study for such
 2780  items. The association may adjust replacement reserve
 2781  assessments annually to take into account an inflation
 2782  adjustment and any changes in estimates or extension of the
 2783  useful life of a reserve item caused by planned deferred
 2784  maintenance. The members of a unit-owner-controlled association
 2785  may determine, by a majority vote of the total voting interests
 2786  of the association, for a fiscal year to provide no reserves or
 2787  reserves less adequate than required by this subsection. Before
 2788  turnover of control of an association by a developer to unit
 2789  owners other than a developer under s. 719.301, the developer
 2790  controlled association may not vote to waive the reserves or
 2791  reduce funding of the reserves. For a budget adopted on or after
 2792  December 31, 2024, a unit-owner-controlled association that must
 2793  obtain a structural integrity reserve study may not determine to
 2794  provide no reserves or reserves less adequate than required by
 2795  this paragraph for items listed in paragraph (k). If a meeting
 2796  of the unit owners has been called to determine to provide no
 2797  reserves, or reserves less adequate than required, and such
 2798  result is not attained or a quorum is not attained, the reserves
 2799  as included in the budget shall go into effect.
 2800         3. Reserve funds and any interest accruing thereon shall
 2801  remain in the reserve account or accounts, and shall be used
 2802  only for authorized reserve expenditures unless their use for
 2803  other purposes is approved in advance by a vote of the majority
 2804  of the total voting interests of the association. Before
 2805  turnover of control of an association by a developer to unit
 2806  owners other than the developer under s. 719.301, the developer
 2807  may not vote to use reserves for purposes other than that for
 2808  which they were intended. For a budget adopted on or after
 2809  December 31, 2024, members of a unit-owner-controlled
 2810  association that must obtain a structural integrity reserve
 2811  study may not vote to use reserve funds, or any interest
 2812  accruing thereon, for purposes other than the replacement or
 2813  planned deferred maintenance costs of the components listed in
 2814  paragraph (k).
 2815         (k) Structural integrity reserve study.—
 2816         1. A residential cooperative association must have a
 2817  structural integrity reserve study completed at least every 10
 2818  years for each building on the cooperative property that is
 2819  three stories or higher in height, as determined by the Florida
 2820  Building Code, that includes, at a minimum, a study of the
 2821  following items as related to the structural integrity and
 2822  safety of the building:
 2823         a. Roof.
 2824         b. Structure, including load-bearing walls and other
 2825  primary structural members and primary structural systems as
 2826  those terms are defined in s. 627.706.
 2827         c. Fireproofing and fire protection systems.
 2828         d. Plumbing.
 2829         e. Electrical systems.
 2830         f. Waterproofing and exterior painting.
 2831         g. Windows and exterior doors.
 2832         h. Any other item that has a planned deferred maintenance
 2833  expense or replacement cost that exceeds $10,000 and the failure
 2834  to replace or maintain such item negatively affects the items
 2835  listed in sub-subparagraphs a.-g., as determined by the visual
 2836  inspection portion of the structural integrity reserve study.
 2837         2. A structural integrity reserve study is based on a
 2838  visual inspection of the cooperative property. A structural
 2839  integrity reserve study may be performed by any person qualified
 2840  to perform such study. However, the visual inspection portion of
 2841  the structural integrity reserve study must be performed or
 2842  verified by an engineer licensed under chapter 471, an architect
 2843  licensed under chapter 481, or a person certified as a reserve
 2844  specialist or professional reserve analyst by the Community
 2845  Associations Institute or the Association of Professional
 2846  Reserve Analysts.
 2847         3. At a minimum, a structural integrity reserve study must
 2848  identify each item of the cooperative property being visually
 2849  inspected, state the estimated remaining useful life and the
 2850  estimated replacement cost or planned deferred maintenance
 2851  expense of each item of the cooperative property being visually
 2852  inspected, and provide a reserve funding schedule with a
 2853  recommended annual reserve amount that achieves the estimated
 2854  replacement cost or planned deferred maintenance expense of each
 2855  item of cooperative property being visually inspected by the end
 2856  of the estimated remaining useful life of the item. The
 2857  structural integrity reserve study may recommend that reserves
 2858  do not need to be maintained for any item for which an estimate
 2859  of useful life and an estimate of replacement cost cannot be
 2860  determined, or the study may recommend a planned deferred
 2861  maintenance expense amount for such item. The structural
 2862  integrity reserve study may recommend that reserves for
 2863  replacement costs do not need to be maintained for any item with
 2864  an estimated remaining useful life of greater than 25 years, but
 2865  the study may recommend a planned deferred maintenance expense
 2866  amount for such item.
 2867         4. This paragraph does not apply to buildings less than
 2868  three stories in height; single-family, two-family, or three
 2869  family dwellings with three or fewer habitable stories above
 2870  ground; any portion or component of a building that has not been
 2871  submitted to the cooperative form of ownership; or any portion
 2872  or component of a building that is maintained by a party other
 2873  than the association.
 2874         5. Before a developer turns over control of an association
 2875  to unit owners other than the developer, the developer must have
 2876  a turnover inspection report in compliance with s. 719.301(4)(p)
 2877  and (q) for each building on the cooperative property that is
 2878  three stories or higher in height.
 2879         6. Associations existing on or before July 1, 2022, which
 2880  are controlled by unit owners other than the developer, must
 2881  have a structural integrity reserve study completed by December
 2882  31, 2024, for each building on the cooperative property that is
 2883  three stories or higher in height. An association that is
 2884  required to complete a milestone inspection on or before
 2885  December 31, 2026, in accordance with s. 553.899 may complete
 2886  the structural integrity reserve study simultaneously with the
 2887  milestone inspection. In no event may the structural integrity
 2888  reserve study be completed after December 31, 2026.
 2889         7. If the milestone inspection required by s. 553.899, or
 2890  an inspection completed for a similar local requirement, was
 2891  performed within the past 5 years and meets the requirements of
 2892  this paragraph, such inspection may be used in place of the
 2893  visual inspection portion of the structural integrity reserve
 2894  study.
 2895         8. If the officers or directors of an association willfully
 2896  and knowingly fail to complete a structural integrity reserve
 2897  study pursuant to this paragraph, such failure is a breach of an
 2898  officer’s and director’s fiduciary relationship to the unit
 2899  owners under s. 719.104(9).
 2900         9. Within 45 days after receiving the structural integrity
 2901  reserve study, the association must distribute a copy of the
 2902  study to each unit owner or deliver to each unit owner a notice
 2903  that the completed study is available for inspection and copying
 2904  upon a written request. Distribution of a copy of the study or
 2905  notice must be made by United States mail or personal delivery
 2906  at the mailing address, property address, or any other address
 2907  of the owner provided to fulfill the association’s notice
 2908  requirements under this chapter, or by electronic transmission
 2909  to the e-mail address or facsimile number provided to fulfill
 2910  the association’s notice requirements to unit owners who
 2911  previously consented to receive notice by electronic
 2912  transmission.
 2913         Section 21. Paragraph (p) of subsection (4) of section
 2914  719.301, Florida Statutes, is amended to read:
 2915         719.301 Transfer of association control.—
 2916         (4) When unit owners other than the developer elect a
 2917  majority of the members of the board of administration of an
 2918  association, the developer shall relinquish control of the
 2919  association, and the unit owners shall accept control.
 2920  Simultaneously, or for the purpose of paragraph (c) not more
 2921  than 90 days thereafter, the developer shall deliver to the
 2922  association, at the developer’s expense, all property of the
 2923  unit owners and of the association held or controlled by the
 2924  developer, including, but not limited to, the following items,
 2925  if applicable, as to each cooperative operated by the
 2926  association:
 2927         (p) Notwithstanding when the certificate of occupancy was
 2928  issued or the height of the building, a turnover inspection
 2929  report included in the official records, under seal of an
 2930  architect or engineer authorized to practice in this state or a
 2931  person certified as a reserve specialist or professional reserve
 2932  analyst by the Community Associations Institute or the
 2933  Association of Professional Reserve Analysts, consisting of a
 2934  structural integrity reserve study attesting to required
 2935  maintenance, condition, useful life, and replacement costs of
 2936  the following applicable cooperative property:
 2937         1. Roof.
 2938         2. Structure, including load-bearing walls and primary
 2939  structural members and primary structural systems as those terms
 2940  are defined in s. 627.706.
 2941         3. Fireproofing and fire protection systems.
 2942         4. Plumbing.
 2943         5. Electrical systems.
 2944         6. Waterproofing and exterior painting.
 2945         7. Windows and exterior doors.
 2946         Section 22. Subsection (1) of section 719.618, Florida
 2947  Statutes, is amended to read:
 2948         719.618 Converter reserve accounts; warranties.—
 2949         (1) When existing improvements are converted to ownership
 2950  as a residential cooperative, the developer shall establish
 2951  reserve accounts for capital expenditures and planned deferred
 2952  maintenance, or give warranties as provided by subsection (6),
 2953  or post a surety bond as provided by subsection (7). The
 2954  developer shall fund the reserve accounts in amounts calculated
 2955  as follows:
 2956         (a)1. When the existing improvements include an air
 2957  conditioning system serving more than one unit or property which
 2958  the association is responsible to repair, maintain, or replace,
 2959  the developer shall fund an air-conditioning reserve account.
 2960  The amount of the reserve account shall be the product of the
 2961  estimated current replacement cost of the system, as disclosed
 2962  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 2963  fraction, the numerator of which shall be the lesser of the age
 2964  of the system in years or 9, and the denominator of which shall
 2965  be 10. When such air-conditioning system is within 1,000 yards
 2966  of the seacoast, the numerator shall be the lesser of the age of
 2967  the system in years or 3, and the denominator shall be 4.
 2968         2. The developer shall fund a plumbing reserve account. The
 2969  amount of the funding shall be the product of the estimated
 2970  current replacement cost of the plumbing component, as disclosed
 2971  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 2972  fraction, the numerator of which shall be the lesser of the age
 2973  of the plumbing in years or 36, and the denominator of which
 2974  shall be 40.
 2975         3. The developer shall fund a roof reserve account. The
 2976  amount of the funding shall be the product of the estimated
 2977  current replacement cost of the roofing component, as disclosed
 2978  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 2979  fraction, the numerator of which shall be the lesser of the age
 2980  of the roof in years or the numerator listed in the following
 2981  table. The denominator of the fraction shall be determined based
 2982  on the roof type, as follows:
 2983  
 2984        Roof Type               Numerator          Denominator      
 2985  a.    Built-up roof without insulation        4                   5           
 2986  b.    Built-up roof with insulation        4                   5           
 2987  c.    Cement tile roof            45                  50          
 2988  d.    Asphalt shingle roof        14                  15          
 2989  e.    Copper roof                                                 
 2990  f.    Wood shingle roof           9                   10          
 2991  g.    All other types             18                  20          
 2992         (b) The age of any component or structure for which the
 2993  developer is required to fund a reserve account shall be
 2994  measured in years from the later of:
 2995         1. The date when the component or structure was replaced or
 2996  substantially renewed, if the replacement or renewal of the
 2997  component at least met the requirements of the then-applicable
 2998  building code; or
 2999         2. The date when the installation or construction of the
 3000  existing component or structure was completed.
 3001         (c) When the age of a component or structure is to be
 3002  measured from the date of replacement or renewal, the developer
 3003  shall provide the division with a certificate, under the seal of
 3004  an architect or engineer authorized to practice in this state,
 3005  verifying:
 3006         1. The date of the replacement or renewal; and
 3007         2. That the replacement or renewal at least met the
 3008  requirements of the then-applicable building code.
 3009         Section 23. The Division of Florida Condominiums,
 3010  Timeshares, and Mobile Homes of the Department of Business and
 3011  Professional Regulation shall complete a review of the website
 3012  or application requirements for official records under s.
 3013  718.111(12)(g), Florida Statutes, and make recommendations
 3014  regarding any additional official records of a condominium
 3015  association that should be included in the record maintenance
 3016  requirement in the statute. The division shall submit the
 3017  findings of its review to the Governor, the President of the
 3018  Senate, the Speaker of the House of Representatives, and the
 3019  chairs of the legislative appropriations committees and
 3020  appropriate substantive committees with jurisdiction over
 3021  chapter 718, Florida Statutes, by February 1, 2025.
 3022         Section 24. Except as otherwise expressly provided in this
 3023  act, this act shall take effect July 1, 2024.