Bill Amendment: FL S1178 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Community Associations
Status: 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 1021 [S1178 Detail]
Download: Florida-2024-S1178-Senate_Committee_Amendment_585928.html
Bill Title: Community Associations
Status: 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 1021 [S1178 Detail]
Download: Florida-2024-S1178-Senate_Committee_Amendment_585928.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1178 Ì585928WÎ585928 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (3) is added to section 468.4334, 6 Florida Statutes, to read: 7 468.4334 Professional practice standards; liability.— 8 (3) A community association manager or a community 9 association management firm shall return all community 10 association official records within its possession to the 11 community association or successor community association manager 12 or community association management firm within 20 business days 13 after termination of a contractual agreement to provide 14 community association management services to the community 15 association or receipt of a written request for return of the 16 official records, whichever occurs first. The notice of 17 termination must be sent by certified mail, return receipt 18 requested, or in the manner required under the management 19 services contract. The manager may retain, for up to 20 business 20 days, those records necessary to complete an ending financial 21 statement or report. Failure of the association to provide 22 access or retention of accounting records to prepare the 23 statement or report shall relieve the manager of any further 24 responsibility or liability for preparation of the statement or 25 report. Failure of a community association manager or a 26 community association management firm to timely return all of 27 the official records within its possession to the community 28 association creates a rebuttable presumption that the community 29 association manager or a community association management firm 30 willfully failed to comply with this subsection. A community 31 association manager or a community association management firm 32 that fails to timely return community association records is 33 subject to suspension of its license under s. 468.436, and a 34 civil penalty of $1,000 per day for up to 10 days, assessed 35 beginning on the 21st business day after termination of a 36 contractual agreement to provide community association 37 management services to the community association or receipt of a 38 written request from the association for return of the records, 39 whichever occurs first. 40 Section 2. Section 468.4335, Florida Statutes, is created 41 to read: 42 468.4335 Conflicts of interest.— 43 (1) A community association manager or a community 44 association management firm, including directors, officers, 45 persons with a financial interest in a community association 46 management firm, and the relatives of such persons, must provide 47 a written disclosure to the board any activity that may 48 reasonably be construed to be a conflict of interest. A 49 rebuttable presumption of a conflict of interest exists if any 50 of the following occurs without prior notice, as required in 51 subsection (5): 52 (a) A community association manager or a community 53 association management firm, including directors, officers, 54 persons with a financial interest in a community association 55 management firm, or the relative of such persons, enters into a 56 contract with the association for goods or services, other than 57 community association management services. 58 (b) A community association manager or a community 59 association management firm, including directors, officers, 60 persons with a financial interest in a community association 61 management firm, or the relative of such persons, holds an 62 interest in a corporation, limited liability corporation, 63 partnership, limited liability partnership, or other business 64 entity that conducts business with the association or proposes 65 to enter into a contract or other transaction with the 66 association. 67 (2) If the association receives and considers a bid to 68 provide a good or service, other than community association 69 management services, from a community association manager or a 70 community association management firm, including directors, 71 officers, persons with a financial interest in a community 72 association management firm, or a relative of such persons, the 73 association must also solicit multiple competitive bids from 74 other third-party providers of such good or service. 75 (3) If a community association manager or a community 76 association management firm, including directors, officers, 77 persons with a financial interest in a community association 78 management firm, or the relative of such persons, proposes to 79 engage in an activity that is a conflict of interest as 80 described in subsection (1), the proposed activity must be 81 listed on, and all contracts and transactional documents related 82 to the proposed activity must be attached to, the meeting 83 agenda. The disclosures must be entered into the written minutes 84 of the meeting. Approval of any contract or other transaction 85 requires an affirmative vote of two-thirds of all directors 86 present. At the next regular or special meeting of the members, 87 the existence of any contract or other transaction must be 88 disclosed to the members. 89 (4) If the board finds that a community association manager 90 or a community association management firm, including directors, 91 officers, persons with a financial interest in a community 92 association management firm, or the relative of such persons, 93 has violated this section, the association may cancel its 94 community association management contract with the community 95 association manager or the community association management 96 firm. If the contract is canceled, the association is liable 97 only for the reasonable value of the management services 98 provided up to the time of cancellation and is not liable for 99 any termination fee, liquidated damages, or other form of 100 penalty for such cancellation. 101 (5) If an association enters into a contract, other than a 102 contract for community association management services, with a 103 community association manager or a community association 104 management firm, including directors, officers, persons with a 105 financial interest in a community association management firm, 106 or the relative of such persons, which is a party to or has an 107 interest in an activity that is a possible conflict of interest 108 as described in subsection (1) and that activity has not been 109 properly disclosed as a conflict of interest or potential 110 conflict of interest as required by this section, the contract 111 is voidable and terminates upon the association filing a written 112 notice terminating the contract. 113 (6) As used in this section, the term “relative” means a 114 relative within the third degree of consanguinity by blood or 115 marriage. 116 (7) The procedures in subsections (2), (3), and (4) do not 117 apply to any activities or the provision of goods and services 118 that are disclosed in the management services contract as a 119 conflict of interest within the meaning of subsection (1). 120 Section 3. Paragraph (b) of subsection (2) of section 121 468.436, Florida Statutes, is amended to read: 122 468.436 Disciplinary proceedings.— 123 (2) The following acts constitute grounds for which the 124 disciplinary actions in subsection (4) may be taken: 125 (b)1. Violation ofany provision ofthis part. 126 2. Violation of any lawful order or rule rendered or 127 adopted by the department or the council. 128 3. Being convicted of or pleading nolo contendere to a 129 felony in any court in the United States. 130 4. Obtaining a license or certification or any other order, 131 ruling, or authorization by means of fraud, misrepresentation, 132 or concealment of material facts. 133 5. Committing acts of gross misconduct or gross negligence 134 in connection with the profession. 135 6. Contracting, on behalf of an association, with any 136 entity in which the licensee has a financial interest that is 137 not disclosed. 138 7. Failing to disclose any conflict of interest as required 139 by s. 468.4335. 140 8. Violatingany provision ofchapter 718, chapter 719, or 141 chapter 720 during the course of performing community 142 association management services pursuant to a contract with a 143 community association as defined in s. 468.431(1). 144 Section 4. Present subsections (19) through (32) of section 145 718.103, Florida Statutes, are redesignated as subsections (20) 146 through (33), respectively, a new subsection (19) is added to 147 that section, and subsection (1) of that section is amended, to 148 read: 149 718.103 Definitions.—As used in this chapter, the term: 150 (1) “Alternative funding method” means a method approved by 151 the division for funding the capital expenditures and planned 152deferredmaintenance obligations for a multicondominium 153 association operating at least 25 condominiums which may 154 reasonably be expected to fully satisfy the association’s 155 reserve funding obligations by the allocation of funds in the 156 annual operating budget. 157 (19) “Hurricane protection” means hurricane shutters, 158 impact glass, code-compliant windows or doors, and other code 159 compliant hurricane protection products used to preserve and 160 protect the condominium property or association property. 161 Section 5. Paragraph (p) is added to subsection (4) of 162 section 718.104, Florida Statutes, to read: 163 718.104 Creation of condominiums; contents of declaration. 164 Every condominium created in this state shall be created 165 pursuant to this chapter. 166 (4) The declaration must contain or provide for the 167 following matters: 168 (p) For both residential condominiums and mixed-use 169 condominiums, a statement that specifies whether the unit owner 170 or the association is responsible for the installation, 171 maintenance, repair, or replacement of hurricane protection that 172 is for the preservation and protection of the condominium 173 property and association property. 174 Section 6. Paragraph (a) of subsection (1) and subsections 175 (12), (13), and (15) of section 718.111, Florida Statutes, are 176 amended, and subsection (16) is added to that section, to read: 177 718.111 The association.— 178 (1) CORPORATE ENTITY.— 179 (a) The operation of the condominium shall be by the 180 association, which must be a Florida corporation for profit or a 181 Florida corporation not for profit. However, any association 182 which was in existence on January 1, 1977, need not be 183 incorporated. The owners of units shall be shareholders or 184 members of the association. The officers and directors of the 185 association have a fiduciary relationship to the unit owners. It 186 is the intent of the Legislature that nothing in this paragraph 187 shall be construed as providing for or removing a requirement of 188 a fiduciary relationship between any manager employed by the 189 association and the unit owners. An officer, director, or 190 manager may not solicit, offer to accept, or accept any thing or 191 service of value or kickback for which consideration has not 192 been provided for his or her own benefit or that of his or her 193 immediate family, from any person providing or proposing to 194 provide goods or services to the association. Any such officer, 195 director, or manager who knowingly so solicits, offers to 196 accept, or accepts any thing or service of value or kickback, 197 for which consideration has not been provided for his or her own 198 benefit or that of his or her immediate family, from any person 199 providing or proposing to provide goods or services to the 200 association commits a felony of the third degree, punishable as 201 provided in s. 775.082, s. 775.083, or s. 775.084, shall be 202 deemed removed from office and a vacancy declared, and is 203 subject to a civil penalty pursuant to s. 718.501(1)(d)and, if204applicable, a criminal penalty as provided in paragraph (d). 205 However, this paragraph does not prohibit an officer, director, 206 or manager from accepting services or items received in 207 connection with trade fairs or education programs. An 208 association may operate more than one condominium. 209 (12) OFFICIAL RECORDS.— 210 (a) From the inception of the association, the association 211 shall maintain each of the following items, if applicable, which 212 constitutes the official records of the association: 213 1. A copy of the plans, permits, warranties, and other 214 items provided by the developer under s. 718.301(4). 215 2. A photocopy of the recorded declaration of condominium 216 of each condominium operated by the association and each 217 amendment to each declaration. 218 3. A photocopy of the recorded bylaws of the association 219 and each amendment to the bylaws. 220 4. A certified copy of the articles of incorporation of the 221 association, or other documents creating the association, and 222 each amendment thereto. 223 5. A copy of the current rules of the association. 224 6. A book or books that contain the minutes of all meetings 225 of the association, the board of administration, and the unit 226 owners. 227 7. A current roster of all unit owners and their mailing 228 addresses, unit identifications, voting certifications, and, if 229 known, telephone numbers. The association shall also maintain 230 the e-mail addresses and facsimile numbers of unit owners 231 consenting to receive notice by electronic transmission. The e 232 mail addresses and facsimile numbers are not accessible to unit 233 owners if consent to receive notice by electronic transmission 234 is not provided in accordance with sub-subparagraph (c)5.e. 235(c)3.e.However, the association is not liable for an 236 inadvertent disclosure of the e-mail address or facsimile number 237 for receiving electronic transmission of notices. 238 8. All current insurance policies of the association and 239 condominiums operated by the association. 240 9. A current copy of any management agreement, lease, or 241 other contract to which the association is a party or under 242 which the association or the unit owners have an obligation or 243 responsibility. 244 10. Bills of sale or transfer for all property owned by the 245 association. 246 11. Accounting records for the association and separate 247 accounting records for each condominium that the association 248 operates. Any person who knowingly or intentionally defaces or 249 destroys such records, or who knowingly or intentionally fails 250 to create or maintain such records, with the intent of causing 251 harm to the association or one or more of its members, is 252 personally subject to a civil penalty pursuant to s. 253 718.501(1)(d). The accounting records must include, but are not 254 limited to: 255 a. Accurate, itemized, and detailed records of all receipts 256 and expenditures. 257 b. All invoices, transaction receipts, or deposit slips 258 that substantiate any receipt or expenditure of funds by the 259 association. 260 c. A current account and a monthly, bimonthly, or quarterly 261 statement of the account for each unit designating the name of 262 the unit owner, the due date and amount of each assessment, the 263 amount paid on the account, and the balance due. 264 d.c.All audits, reviews, accounting statements, structural 265 integrity reserve studies, and financial reports of the 266 association or condominium. Structural integrity reserve studies 267 must be maintained for at least 15 years after the study is 268 completed. 269 e.d.All contracts for work to be performed. Bids for work 270 to be performed are also considered official records and must be 271 maintained by the association for at least 1 year after receipt 272 of the bid. 273 12. Ballots, sign-in sheets, voting proxies, and all other 274 papers and electronic records relating to voting by unit owners, 275 which must be maintained for 1 year from the date of the 276 election, vote, or meeting to which the document relates, 277 notwithstanding paragraph (b). 278 13. All rental records if the association is acting as 279 agent for the rental of condominium units. 280 14. A copy of the current question and answer sheet as 281 described in s. 718.504. 282 15. A copy of the inspection reports described in ss. 283 553.899 and 718.301(4)(p) and any other inspection report 284 relating to a structural or life safety inspection of 285 condominium property. Such record must be maintained by the 286 association for 15 years after receipt of the report. 287 16. Bids for materials, equipment, or services. 288 17. All affirmative acknowledgments made pursuant to s. 289 718.121(4)(c). 290 18. A copy of the investment policy statement adopted 291 pursuant to paragraph (16)(c). 292 19. A copy of all building permits. 293 20. All other written records of the association not 294 specifically included in the foregoing which are related to the 295 operation of the association. 296 (b) The official records specified in subparagraphs (a)1. 297 6. must be permanently maintained from the inception of the 298 association. Bids for work to be performed or for materials, 299 equipment, or services must be maintained for at least 1 year 300 after receipt of the bid. All other official records must be 301 maintained within the state for at least 7 years, unless 302 otherwise provided by general law. The official records must be 303 maintained in a manner that facilitates inspection of the 304 records by a unit owner. In the event that the records are lost, 305 destroyed, or otherwise unavailable, the obligation to maintain 306 official records includes a good faith obligation to recover 307 those records as may be reasonably possible. The records of the 308 association shall be made available to a unit owner within 45 309 miles of the condominium property or within the county in which 310 the condominium property is located within 10 working days after 311 receipt of a written request by the board or its designee. 312 However, such distance requirement does not apply to an 313 association governing a timeshare condominium. This paragraph 314 and paragraph (c) may be complied with by having a copy of the 315 official records of the association available for inspection or 316 copying on the condominium property or association property, or 317 the association may offer the option of making the records 318 available to a unit owner electronically via the Internet as 319 provided under paragraph (g) or by allowing the records to be 320 viewed in electronic format on a computer screen and printed 321 upon request. The association is not responsible for the use or 322 misuse of the information provided to an association member or 323 his or her authorized representative in compliance with this 324 chapter unless the association has an affirmative duty not to 325 disclose such information under this chapter. 326 (c)1.a. The official records of the association are open to 327 inspection by any association member and any person authorized 328 by an association member as a representative of such member at 329 all reasonable times. The right to inspect the records includes 330 the right to make or obtain copies, at the reasonable expense, 331 if any, of the member and of the person authorized by the 332 association member as a representative of such member. A renter 333 of a unit has a right to inspect and copy only the declaration 334 of condominium, the association’s bylaws and rules, and the 335 inspection reports described in ss. 553.899 and 718.301(4)(p). 336 The association may adopt reasonable rules regarding the 337 frequency, time, location, notice, and manner of record 338 inspections and copying but may not require a member to 339 demonstrate any purpose or state any reason for the inspection. 340 The failure of an association to provide the records within 10 341 working days after receipt of a written request creates a 342 rebuttable presumption that the association willfully failed to 343 comply with this paragraph. A unit owner who is denied access to 344 official records is entitled to the actual damages or minimum 345 damages for the association’s willful failure to comply. Minimum 346 damages are $50 per calendar day for up to 10 days, beginning on 347 the 11th working day after receipt of the written request. The 348 failure to permit inspection entitles any person prevailing in 349 an enforcement action to recover reasonable attorney fees from 350 the person in control of the records who, directly or 351 indirectly, knowingly denied access to the records. If the 352 requested records are posted on an association’s website, or are 353 available for download through an application on a mobile 354 device, the association may fulfill its obligations as provided 355 under this paragraph by directing all persons authorized to 356 request access to official records pursuant to this paragraph to 357 the website or mobile device application. 358 b. In response to a written request to inspect records, the 359 association must simultaneously provide a checklist to the 360 requestor of all records made available for inspection and 361 copying. The checklist must also identify any of the 362 association’s official records that were not made available to 363 the requestor. An association must maintain a checklist provided 364 under this sub-subparagraph for 7 years. An association 365 delivering a checklist pursuant to this sub-subparagraph creates 366 a rebuttable presumption that the association has complied with 367 this paragraph. 368 2. Any director or member of the board or association or a 369 community association manager who knowingly, willfully, and 370 repeatedly violates subparagraph 1. commits a misdemeanor of the 371 second degree, punishable as provided in s. 775.082 or s. 372 775.083, and shall be deemed removed from office and a vacancy 373 declared. For purposes of this subparagraph, the term 374 “repeatedly” means two or more violations within a 12-month 375 period. 376 3.2.Any person who knowingly or intentionally defaces or 377 destroys accounting records that are required by this chapter to 378 be maintained during the period for which such records are 379 required to be maintained, or who knowingly or intentionally 380 fails to create or maintain accounting records that are required 381 to be created or maintained, with the intent of causing harm to 382 the association or one or more of its members, commits a 383 misdemeanor of the first degree, punishable as provided in s. 384 775.082 or 775.083, is personally subject to a civil penalty 385 pursuant to s. 718.501(1)(d), and shall be deemed removed from 386 office and a vacancy declared. 387 4. Any person who willfully and knowingly refuses to 388 release or otherwise produce association records with the intent 389 to avoid or escape detection, arrest, trial, or punishment for 390 the commission of a crime, or to assist another person with such 391 avoidance or escape, commits a felony of the third degree, 392 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 393 and shall be deemed removed from office and a vacancy declared. 394 5.3.The association shall maintain an adequate number of 395 copies of the declaration, articles of incorporation, bylaws, 396 and rules, and all amendments to each of the foregoing, as well 397 as the question and answer sheet as described in s. 718.504 and 398 year-end financial information required under this section, on 399 the condominium property to ensure their availability to unit 400 owners and prospective purchasers, and may charge its actual 401 costs for preparing and furnishing these documents to those 402 requesting the documents. An association shall allow a member or 403 his or her authorized representative to use a portable device, 404 including a smartphone, tablet, portable scanner, or any other 405 technology capable of scanning or taking photographs, to make an 406 electronic copy of the official records in lieu of the 407 association’s providing the member or his or her authorized 408 representative with a copy of such records. The association may 409 not charge a member or his or her authorized representative for 410 the use of a portable device. Notwithstanding this paragraph, 411 the following records are not accessible to unit owners: 412 a. Any record protected by the lawyer-client privilege as 413 described in s. 90.502 and any record protected by the work 414 product privilege, including a record prepared by an association 415 attorney or prepared at the attorney’s express direction, which 416 reflects a mental impression, conclusion, litigation strategy, 417 or legal theory of the attorney or the association, and which 418 was prepared exclusively for civil or criminal litigation or for 419 adversarial administrative proceedings, or which was prepared in 420 anticipation of such litigation or proceedings until the 421 conclusion of the litigation or proceedings. 422 b. Information obtained by an association in connection 423 with the approval of the lease, sale, or other transfer of a 424 unit. 425 c. Personnel records of association or management company 426 employees, including, but not limited to, disciplinary, payroll, 427 health, and insurance records. For purposes of this sub 428 subparagraph, the term “personnel records” does not include 429 written employment agreements with an association employee or 430 management company, or budgetary or financial records that 431 indicate the compensation paid to an association employee. 432 d. Medical records of unit owners. 433 e. Social security numbers, driver license numbers, credit 434 card numbers, e-mail addresses, telephone numbers, facsimile 435 numbers, emergency contact information, addresses of a unit 436 owner other than as provided to fulfill the association’s notice 437 requirements, and other personal identifying information of any 438 person, excluding the person’s name, unit designation, mailing 439 address, property address, and any address, e-mail address, or 440 facsimile number provided to the association to fulfill the 441 association’s notice requirements. Notwithstanding the 442 restrictions in this sub-subparagraph, an association may print 443 and distribute to unit owners a directory containing the name, 444 unit address, and all telephone numbers of each unit owner. 445 However, an owner may exclude his or her telephone numbers from 446 the directory by so requesting in writing to the association. An 447 owner may consent in writing to the disclosure of other contact 448 information described in this sub-subparagraph. The association 449 is not liable for the inadvertent disclosure of information that 450 is protected under this sub-subparagraph if the information is 451 included in an official record of the association and is 452 voluntarily provided by an owner and not requested by the 453 association. 454 f. Electronic security measures that are used by the 455 association to safeguard data, including passwords. 456 g. The software and operating system used by the 457 association which allow the manipulation of data, even if the 458 owner owns a copy of the same software used by the association. 459 The data is part of the official records of the association. 460 h. All affirmative acknowledgments made pursuant to s. 461 718.121(4)(c). 462 (d) The association shall prepare a question and answer 463 sheet as described in s. 718.504, and shall update it annually. 464 (e)1. The association or its authorized agent is not 465 required to provide a prospective purchaser or lienholder with 466 information about the condominium or the association other than 467 information or documents required by this chapter to be made 468 available or disclosed. The association or its authorized agent 469 may charge a reasonable fee to the prospective purchaser, 470 lienholder, or the current unit owner for providing good faith 471 responses to requests for information by or on behalf of a 472 prospective purchaser or lienholder, other than that required by 473 law, if the fee does not exceed $150 plus the reasonable cost of 474 photocopying and any attorney’s fees incurred by the association 475 in connection with the response. 476 2. An association and its authorized agent are not liable 477 for providing such information in good faith pursuant to a 478 written request if the person providing the information includes 479 a written statement in substantially the following form: “The 480 responses herein are made in good faith and to the best of my 481 ability as to their accuracy.” 482 (f) An outgoing board or committee member must relinquish 483 all official records and property of the association in his or 484 her possession or under his or her control to the incoming board 485 within 5 days after the election. The division shall impose a 486 civil penalty as set forth in s. 718.501(1)(d)6. against an 487 outgoing board or committee member who willfully and knowingly 488 fails to relinquish such records and property. 489 (g)1. By January 1, 2019, an association managing a 490 condominium with 150 or more units which does not contain 491 timeshare units shall post digital copies of the documents 492 specified in subparagraph 2. on its website or make such 493 documents available through an application that can be 494 downloaded on a mobile device. 495 a. The association’s website or application must be: 496 (I) An independent website, application, or web portal 497 wholly owned and operated by the association; or 498 (II) A website, application, or web portal operated by a 499 third-party provider with whom the association owns, leases, 500 rents, or otherwise obtains the right to operate a web page, 501 subpage, web portal, collection of subpages or web portals, or 502 an application which is dedicated to the association’s 503 activities and on which required notices, records, and documents 504 may be posted or made available by the association. 505 b. The association’s website or application must be 506 accessible through the Internet and must contain a subpage, web 507 portal, or other protected electronic location that is 508 inaccessible to the general public and accessible only to unit 509 owners and employees of the association. 510 c. Upon a unit owner’s written request, the association 511 must provide the unit owner with a username and password and 512 access to the protected sections of the association’s website or 513 application which contain any notices, records, or documents 514 that must be electronically provided. 515 2. A current copy of the following documents must be posted 516 in digital format on the association’s website or application: 517 a. The recorded declaration of condominium of each 518 condominium operated by the association and each amendment to 519 each declaration. 520 b. The recorded bylaws of the association and each 521 amendment to the bylaws. 522 c. The articles of incorporation of the association, or 523 other documents creating the association, and each amendment to 524 the articles of incorporation or other documents. The copy 525 posted pursuant to this sub-subparagraph must be a copy of the 526 articles of incorporation filed with the Department of State. 527 d. The rules of the association. 528 e. A list of all executory contracts or documents to which 529 the association is a party or under which the association or the 530 unit owners have an obligation or responsibility and, after 531 bidding for the related materials, equipment, or services has 532 closed, a list of bids received by the association within the 533 past year. Summaries of bids for materials, equipment, or 534 services which exceed $500 must be maintained on the website or 535 application for 1 year. In lieu of summaries, complete copies of 536 the bids may be posted. 537 f. The annual budget required by s. 718.112(2)(f) and any 538 proposed budget to be considered at the annual meeting. 539 g. The financial report required by subsection (13) and any 540 monthly income or expense statement to be considered at a 541 meeting. 542 h. The certification of each director required by s. 543 718.112(2)(d)4.b. 544 i. All contracts or transactions between the association 545 and any director, officer, corporation, firm, or association 546 that is not an affiliated condominium association or any other 547 entity in which an association director is also a director or 548 officer and financially interested. 549 j. Any contract or document regarding a conflict of 550 interest or possible conflict of interest as provided in ss. 551 468.4335, 468.436(2)(b)6., and 718.3027(3). 552 k. The notice of any unit owner meeting and the agenda for 553 the meeting, as required by s. 718.112(2)(d)3., no later than 14 554 days before the meeting. The notice must be posted in plain view 555 on the front page of the website or application, or on a 556 separate subpage of the website or application labeled “Notices” 557 which is conspicuously visible and linked from the front page. 558 The association must also post on its website or application any 559 document to be considered and voted on by the owners during the 560 meeting or any document listed on the agenda at least 7 days 561 before the meeting at which the document or the information 562 within the document will be considered. 563 l. Notice of any board meeting, the agenda, and any other 564 document required for the meeting as required by s. 565 718.112(2)(c), which must be posted no later than the date 566 required for notice under s. 718.112(2)(c). 567 m. The inspection reports described in ss. 553.899 and 568 718.301(4)(p) and any other inspection report relating to a 569 structural or life safety inspection of condominium property. 570 n. The association’s most recent structural integrity 571 reserve study, if applicable. 572 o. Copies of all building permits issued for ongoing or 573 planned construction. 574 3. The association shall ensure that the information and 575 records described in paragraph (c), which are not allowed to be 576 accessible to unit owners, are not posted on the association’s 577 website or application. If protected information or information 578 restricted from being accessible to unit owners is included in 579 documents that are required to be posted on the association’s 580 website or application, the association shall ensure the 581 information is redacted before posting the documents. 582 Notwithstanding the foregoing, the association or its agent is 583 not liable for disclosing information that is protected or 584 restricted under this paragraph unless such disclosure was made 585 with a knowing or intentional disregard of the protected or 586 restricted nature of such information. 587 4. The failure of the association to post information 588 required under subparagraph 2. is not in and of itself 589 sufficient to invalidate any action or decision of the 590 association’s board or its committees. 591 (13) FINANCIAL REPORTING.—Within 90 days after the end of 592 the fiscal year, or annually on a date provided in the bylaws, 593 the association shall prepare and complete, or contract for the 594 preparation and completion of, a financial report for the 595 preceding fiscal year. Within 21 days after the final financial 596 report is completed by the association or received from the 597 third party, but not later than 120 days after the end of the 598 fiscal year or other date as provided in the bylaws, the 599 association shall deliverat the address603last furnished to the association by the unit owner, or hand604deliver to each unit owner, a copy of the management letter or 605 opinion letter, as applicable, for the most recent financial 606 report, andora notice that a copy of the most recent financial 607 report will be mailed or hand delivered to the unit owner, 608 without charge, within 5 business days after receipt of a 609 written request from the unit owner. The division shall adopt 610 rules setting forth uniform accounting principles and standards 611 to be used by all associations and addressing the financial 612 reporting requirements for multicondominium associations. The 613 rules must include, but not be limited to, standards for 614 presenting a summary of association reserves, including a good 615 faith estimate disclosing the annual amount of reserve funds 616 that would be necessary for the association to fully fund 617 reserves for each reserve item based on the straight-line 618 accounting method. This disclosure is not applicable to reserves 619 funded via the pooling method. In adopting such rules, the 620 division shall consider the number of members and annual 621 revenues of an association. Financial reports shall be prepared 622 as follows: 623 (a) An association that meets the criteria of this 624 paragraph shall prepare a complete set of financial statements 625 in accordance with generally accepted accounting principles. The 626 financial statements must be based upon the association’s total 627 annual revenues, as follows: 628 1. An association with total annual revenues of $150,000 or 629 more, but less than $300,000, shall prepare compiled financial 630 statements. 631 2. An association with total annual revenues of at least 632 $300,000, but less than $500,000, shall prepare reviewed 633 financial statements. 634 3. An association with total annual revenues of $500,000 or 635 more shall prepare audited financial statements. 636 (b)1. An association with total annual revenues of less 637 than $150,000 shall prepare a report of cash receipts and 638 expenditures. 639 2. A report of cash receipts and disbursements must 640 disclose the amount of receipts by accounts and receipt 641 classifications and the amount of expenses by accounts and 642 expense classifications, including, but not limited to, the 643 following, as applicable: costs for security, professional and 644 management fees and expenses, taxes, costs for recreation 645 facilities, expenses for refuse collection and utility services, 646 expenses for lawn care, costs for building maintenance and 647 repair, insurance costs, administration and salary expenses, and 648 reserves accumulated and expended for capital expenditures, 649 planneddeferredmaintenance, and any other category for which 650 the association maintains reserves. 651 (c) An association may prepare, without a meeting of or 652 approval by the unit owners: 653 1. Compiled, reviewed, or audited financial statements, if 654 the association is required to prepare a report of cash receipts 655 and expenditures; 656 2. Reviewed or audited financial statements, if the 657 association is required to prepare compiled financial 658 statements; or 659 3. Audited financial statements if the association is 660 required to prepare reviewed financial statements. 661 (d) Unless an association invests funds pursuant to 662 paragraph (16)(b), and only if approved by a majority of the 663 voting interests present at a properly called meeting of the 664 association, an association may prepare: 665 1. A report of cash receipts and expenditures in lieu of a 666 compiled, reviewed, or audited financial statement; 667 2. A report of cash receipts and expenditures or a compiled 668 financial statement in lieu of a reviewed or audited financial 669 statement; or 670 3. A report of cash receipts and expenditures, a compiled 671 financial statement, or a reviewed financial statement in lieu 672 of an audited financial statement. 673 674 Such meeting and approval must occur before the end of the 675 fiscal year and is effective only for the fiscal year in which 676 the vote is taken. An association may not prepare a financial 677 report pursuant to this paragraph for consecutive fiscal years,678except that the approval may also be effective for the following679fiscal year. If the developer has not turned over control of the 680 association, all unit owners, including the developer, may vote 681 on issues related to the preparation of the association’s 682 financial reports, from the date of incorporation of the 683 association through the end of the second fiscal year after the 684 fiscal year in which the certificate of a surveyor and mapper is 685 recorded pursuant to s. 718.104(4)(e) or an instrument that 686 transfers title to a unit in the condominium which is not 687 accompanied by a recorded assignment of developer rights in 688 favor of the grantee of such unit is recorded, whichever occurs 689 first. Thereafter, all unit owners except the developer may vote 690 on such issues until control is turned over to the association 691 by the developer. Any audit or review prepared under this 692 section shall be paid for by the developer if done before 693 turnover of control of the association. 694 (e) A unit owner may provide written notice to the division 695 of the association’s failure to mail or hand deliver him or her 696 a copy of the most recent financial report within 5 business 697 days after he or she submitted a written request to the 698 association for a copy of such report. If the division 699 determines that the association failed to mail or hand deliver a 700 copy of the most recent financial report to the unit owner, the 701 division shall provide written notice to the association that 702 the association must mail or hand deliver a copy of the most 703 recent financial report to the unit owner and the division 704 within 5 business days after it receives such notice from the 705 division. An association that fails to comply with the 706 division’s request may not waive the financial reporting 707 requirement provided in paragraph (d) for the fiscal year in 708 which the unit owner’s request was made and the following fiscal 709 year. A financial report received by the division pursuant to 710 this paragraph shall be maintained, and the division shall 711 provide a copy of such report to an association member upon his 712 or her request. 713 (f) If an association invests funds pursuant to paragraph 714 (16)(b), the association must prepare financial statements 715 pursuant to paragraphs (a) and (b). 716 (15) DEBIT CARDS.— 717 (a) An association and its officers, directors, employees, 718 and agents may not use a debit card issued in the name of the 719 association, or billed directly to the association, for the 720 payment of any association expense. 721 (b) A person who usesUse ofa debit card issued in the 722 name of the association, or billed directly to the association, 723 for any expense that is not a lawful obligation of the 724 association commits theft under s. 812.014, and shall be deemed 725 removed from office and a vacancy declared. For the purposes of 726 this paragraph, the term “lawful obligation of the association” 727 means an obligation that has been properly preapproved by the 728 board and is reflected in the meeting minutes or the written 729 budgetmay be prosecuted as credit card fraud pursuant to s.730817.61. 731 (16) INVESTMENT OF ASSOCIATION FUNDS.— 732 (a) A board, in fulfilling its duty to manage operating and 733 reserve funds of an association, must use best efforts to make 734 prudent investment decisions that carefully consider risk and 735 return in an effort to maximize returns on invested funds. 736 (b) An association, including a multicondominium 737 association, may invest reserve funds in one or any combination 738 of depository accounts at a community bank, savings bank, 739 commercial bank, savings and loan association, or credit union 740 if the respective account balance at any institution does not 741 exceed the amount of deposit insurance per account provided by 742 any agency of the Federal Government or as otherwise available. 743 Notwithstanding any declaration, only funds identified as 744 reserve funds may be invested pursuant to this subsection. 745 (c) The board shall create an investment committee composed 746 of at least two board members and two-unit non-board member unit 747 owners. The board shall also adopt rules for invested funds, 748 including, but not limited to, rules requiring periodic reviews 749 of any investment manager’s performance, the development of an 750 investment policy statement, and that all meetings of the 751 investment committee be recorded and made part of the official 752 records of the association. The investment policy statement 753 developed pursuant to this paragraph must, at a minimum, address 754 risk, liquidity, and benchmark measurements; authorized classes 755 of investments; authorized investment mixes; limitations on 756 authority relating to investment transactions; requirements for 757 projected reserve expenditures within, at minimum, the next 24 758 months to be held in cash or cash equivalents; projected 759 expenditures relating to an inspection performed pursuant to s. 760 553.899; and protocols for proxy response. 761 (d) The investment committee shall recommend investment 762 advisers to the board, and the board shall select one of the 763 recommended investment advisers to provide services to the 764 association. Such investment advisers must be registered or have 765 notice filed under s. 517.12. The investment adviser and any 766 representative or association of the investment adviser may not 767 be related by affinity or consanguinity to, or under common 768 ownership with, any board member, community management company, 769 reserve study provider, or unit owner. The investment adviser 770 shall comply with the prudent investor rule in s. 518.11. The 771 investment adviser shall act as a fiduciary to the association 772 in compliance with the standards set forth in the Employee 773 Retirement Income Security Act of 1974 at 29 U.S.C. s. 774 1104(a)(1)(A)-(C). In case of conflict with other provisions of 775 law authorizing investments, the investment and fiduciary 776 standards set forth in this paragraph must prevail. If at any 777 time the investment committee determines that an investment 778 adviser does not meet the requirements of this section, the 779 investment committee must recommend a replacement investment 780 adviser to the board. 781 (e) At least once each calendar year, or sooner if a 782 substantial financial obligation of the association becomes 783 known to the board, the association must provide the investment 784 adviser with the association’s investment policy statement, the 785 most recent reserve study report, the association’s structural 786 integrity report, and the financial reports prepared pursuant to 787 subsection (13). If there is no recent reserve study report, the 788 association must provide the investment adviser with a good 789 faith estimate disclosing the annual amount of reserve funds 790 necessary for the association to fully fund reserves for the 791 life of each reserve component and each component’s 792 redundancies. The investment adviser shall annually review these 793 documents and provide the association with a portfolio 794 allocation model that is suitably structured and prudently 795 designed to match projected annual reserve fund requirements and 796 liability, assets, and liquidity requirements. The investment 797 adviser shall prepare a funding projection for each reserve 798 component, including any of the component’s redundancies. There 799 must be a minimum of 24 months of projected reserves in cash or 800 cash equivalents available to the association at all times. 801 (f) Portfolios managed by the investment adviser may 802 contain any type of investment necessary to meet the objectives 803 in the investment policy statement; however, portfolios may not 804 contain stocks, securities, or other obligations that the State 805 Board of Administration is prohibited from investing in under s. 806 215.471, s. 215.4725, or s. 215.473 or that state agencies are 807 prohibited from investing in under s. 215.472, as determined by 808 the investment adviser. Any funds invested by the investment 809 adviser must be held in third party custodial accounts that are 810 subject to insurance coverage by the Securities Investor 811 Protection Corporation in an amount equal to or greater than the 812 invested amount. The investment adviser may withdraw investment 813 fees, expenses, and commissions from invested funds. 814 (g) The investment adviser shall: 815 1. Annually provide the association with a written 816 certification of compliance with this section and a list of 817 stocks, securities, and other obligations that are prohibited 818 from being in association portfolios under paragraph (f); and 819 2. Submit monthly, quarterly, and annual reports to the 820 association which are prepared in accordance with established 821 financial industry standards and in accordance with chapter 517. 822 (h) Any principal, earnings, or interest managed under this 823 subsection must be available at no cost or charge to the 824 association within 15 business days after delivery of the 825 association’s written or electronic request. 826 (i) Unallocated income earned on reserve fund investments 827 may be spent only on capital expenditures, planned maintenance, 828 structural repairs, or other items for which the reserve 829 accounts have been established. Any surplus of funds which 830 exceeds the amount required to maintain reasonably funded 831 reserves must be managed pursuant to s. 718.115. 832 Section 7. Effective January 1, 2026, paragraph (g) of 833 subsection (12) of section 718.111, Florida Statutes, as amended 834 by this act, is amended to read: 835 718.111 The association.— 836 (12) OFFICIAL RECORDS.— 837 (g)1.By January 1, 2019,An association managing a 838 condominium with 25150or more units which does not contain 839 timeshare units shall post digital copies of the documents 840 specified in subparagraph 2. on its website or make such 841 documents available through an application that can be 842 downloaded on a mobile device. 843 a. The association’s website or application must be: 844 (I) An independent website, application, or web portal 845 wholly owned and operated by the association; or 846 (II) A website, application, or web portal operated by a 847 third-party provider with whom the association owns, leases, 848 rents, or otherwise obtains the right to operate a web page, 849 subpage, web portal, collection of subpages or web portals, or 850 an application which is dedicated to the association’s 851 activities and on which required notices, records, and documents 852 may be posted or made available by the association. 853 b. The association’s website or application must be 854 accessible through the Internet and must contain a subpage, web 855 portal, or other protected electronic location that is 856 inaccessible to the general public and accessible only to unit 857 owners and employees of the association. 858 c. Upon a unit owner’s written request, the association 859 must provide the unit owner with a username and password and 860 access to the protected sections of the association’s website or 861 application which contain any notices, records, or documents 862 that must be electronically provided. 863 2. A current copy of the following documents must be posted 864 in digital format on the association’s website or application: 865 a. The recorded declaration of condominium of each 866 condominium operated by the association and each amendment to 867 each declaration. 868 b. The recorded bylaws of the association and each 869 amendment to the bylaws. 870 c. The articles of incorporation of the association, or 871 other documents creating the association, and each amendment to 872 the articles of incorporation or other documents. The copy 873 posted pursuant to this sub-subparagraph must be a copy of the 874 articles of incorporation filed with the Department of State. 875 d. The rules of the association. 876 e. A list of all executory contracts or documents to which 877 the association is a party or under which the association or the 878 unit owners have an obligation or responsibility and, after 879 bidding for the related materials, equipment, or services has 880 closed, a list of bids received by the association within the 881 past year. Summaries of bids for materials, equipment, or 882 services which exceed $500 must be maintained on the website or 883 application for 1 year. In lieu of summaries, complete copies of 884 the bids may be posted. 885 f. The annual budget required by s. 718.112(2)(f) and any 886 proposed budget to be considered at the annual meeting. 887 g. The financial report required by subsection (13) and any 888 monthly income or expense statement to be considered at a 889 meeting. 890 h. The certification of each director required by s. 891 718.112(2)(d)4.b. 892 i. All contracts or transactions between the association 893 and any director, officer, corporation, firm, or association 894 that is not an affiliated condominium association or any other 895 entity in which an association director is also a director or 896 officer and financially interested. 897 j. Any contract or document regarding a conflict of 898 interest or possible conflict of interest as provided in ss. 899 468.4335, 468.436(2)(b)6., and 718.3027(3). 900 k. The notice of any unit owner meeting and the agenda for 901 the meeting, as required by s. 718.112(2)(d)3., no later than 14 902 days before the meeting. The notice must be posted in plain view 903 on the front page of the website or application, or on a 904 separate subpage of the website or application labeled “Notices” 905 which is conspicuously visible and linked from the front page. 906 The association must also post on its website or application any 907 document to be considered and voted on by the owners during the 908 meeting or any document listed on the agenda at least 7 days 909 before the meeting at which the document or the information 910 within the document will be considered. 911 l. Notice of any board meeting, the agenda, and any other 912 document required for the meeting as required by s. 913 718.112(2)(c), which must be posted no later than the date 914 required for notice under s. 718.112(2)(c). 915 m. The inspection reports described in ss. 553.899 and 916 718.301(4)(p) and any other inspection report relating to a 917 structural or life safety inspection of condominium property. 918 n. The association’s most recent structural integrity 919 reserve study, if applicable. 920 o. Copies of all building permits issued for ongoing or 921 planned construction. 922 3. The association shall ensure that the information and 923 records described in paragraph (c), which are not allowed to be 924 accessible to unit owners, are not posted on the association’s 925 website or application. If protected information or information 926 restricted from being accessible to unit owners is included in 927 documents that are required to be posted on the association’s 928 website or application, the association shall ensure the 929 information is redacted before posting the documents. 930 Notwithstanding the foregoing, the association or its agent is 931 not liable for disclosing information that is protected or 932 restricted under this paragraph unless such disclosure was made 933 with a knowing or intentional disregard of the protected or 934 restricted nature of such information. 935 4. The failure of the association to post information 936 required under subparagraph 2. is not in and of itself 937 sufficient to invalidate any action or decision of the 938 association’s board or its committees. 939 Section 8. Paragraphs (c), (d), (f), (g), (i), and (q) of 940 subsection (2) of section 718.112, Florida Statutes, are 941 amended, and paragraph (r) is added to that section, to read: 942 718.112 Bylaws.— 943 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the 944 following and, if they do not do so, shall be deemed to include 945 the following: 946 (c) Board of administration meetings.—In a residential 947 condominium association of more than 10 units, the board of 948 administration shall meet at least once each quarter for the 949 purpose of responding to inquiries from members and informing 950 members on the state of the condominium, including the status of 951 any construction or repair projects, the status of the 952 association’s revenue and expenditures during the fiscal year, 953 or other issues affecting the association. Meetings of the board 954 of administration at which a quorum of the members is present 955 are open to all unit owners. Members of the board of 956 administration may use e-mail as a means of communication but 957 may not cast a vote on an association matter via e-mail. A unit 958 owner may tape record or videotape the meetings. The right to 959 attend such meetings includes the right to speak at such 960 meetings with reference to all designated agenda items. The 961 division shall adopt reasonable rules governing the tape 962 recording and videotaping of the meeting. The association may 963 adopt written reasonable rules governing the frequency, 964 duration, and manner of unit owner statements. 965 1. Adequate notice of all board meetings, which must 966 specifically identify all agenda items, must be posted 967 conspicuously on the condominium property at least 48 continuous 968 hours before the meeting except in an emergency. If 20 percent 969 of the voting interests petition the board to address an item of 970 business, the board, within 9060days after receipt of the 971 petition, shall place the item on the agenda at its next regular 972 board meeting or at a special meeting called for that purpose. 973 An item not included on the notice may be taken up on an 974 emergency basis by a vote of at least a majority plus one of the 975 board members. Such emergency action must be noticed and 976 ratified at the next regular board meeting. Written notice of a 977 meeting at which a nonemergency special assessment or an 978 amendment to rules regarding unit use will be considered must be 979 mailed, delivered, or electronically transmitted to the unit 980 owners and posted conspicuously on the condominium property at 981 least 14 days before the meeting. Evidence of compliance with 982 this 14-day notice requirement must be made by an affidavit 983 executed by the person providing the notice and filed with the 984 official records of the association.Notice of any meeting in985which regular or special assessments against unit owners are to986be considered must specifically state that assessments will be987considered and provide the estimated cost and description of the988purposes for such assessments.989 2. Upon notice to the unit owners, the board shall, by duly 990 adopted rule, designate a specific location on the condominium 991 property where all notices of board meetings must be posted. If 992 there is no condominium property where notices can be posted, 993 notices shall be mailed, delivered, or electronically 994 transmitted to each unit owner at least 14 days before the 995 meeting. In lieu of or in addition to the physical posting of 996 the notice on the condominium property, the association may, by 997 reasonable rule, adopt a procedure for conspicuously posting and 998 repeatedly broadcasting the notice and the agenda on a closed 999 circuit cable television system serving the condominium 1000 association. However, if broadcast notice is used in lieu of a 1001 notice physically posted on condominium property, the notice and 1002 agenda must be broadcast at least four times every broadcast 1003 hour of each day that a posted notice is otherwise required 1004 under this section. If broadcast notice is provided, the notice 1005 and agenda must be broadcast in a manner and for a sufficient 1006 continuous length of time so as to allow an average reader to 1007 observe the notice and read and comprehend the entire content of 1008 the notice and the agenda. In addition to any of the authorized 1009 means of providing notice of a meeting of the board, the 1010 association may, by rule, adopt a procedure for conspicuously 1011 posting the meeting notice and the agenda on a website serving 1012 the condominium association for at least the minimum period of 1013 time for which a notice of a meeting is also required to be 1014 physically posted on the condominium property. Any rule adopted 1015 shall, in addition to other matters, include a requirement that 1016 the association send an electronic notice in the same manner as 1017 a notice for a meeting of the members, which must include a 1018 hyperlink to the website where the notice is posted, to unit 1019 owners whose e-mail addresses are included in the association’s 1020 official records. 1021 3. Notice of any meeting in which regular or special 1022 assessments against unit owners are to be considered must 1023 specifically state that assessments will be considered and 1024 provide the estimated cost and description of the purposes for 1025 such assessments. If an agenda item relates to the approval of a 1026 contract for goods or services, a copy of the contract must be 1027 provided with the notice, made available for inspection and 1028 copying upon a written request from a unit owner, or made 1029 available on the association’s website or through an application 1030 that can be downloaded on a mobile device. 1031 4.2.Meetings of a committee to take final action on behalf 1032 of the board or make recommendations to the board regarding the 1033 association budget are subject to this paragraph. Meetings of a 1034 committee that does not take final action on behalf of the board 1035 or make recommendations to the board regarding the association 1036 budget are subject to this section, unless those meetings are 1037 exempted from this section by the bylaws of the association. 1038 5.3.Notwithstanding any other law, the requirement that 1039 board meetings and committee meetings be open to the unit owners 1040 does not apply to: 1041 a. Meetings between the board or a committee and the 1042 association’s attorney, with respect to proposed or pending 1043 litigation, if the meeting is held for the purpose of seeking or 1044 rendering legal advice; or 1045 b. Board meetings held for the purpose of discussing 1046 personnel matters. 1047 (d) Unit owner meetings.— 1048 1. An annual meeting of the unit owners must be held at the 1049 location provided in the association bylaws and, if the bylaws 1050 are silent as to the location, the meeting must be held within 1051 45 miles of the condominium property. However, such distance 1052 requirement does not apply to an association governing a 1053 timeshare condominium. 1054 2. Unless the bylaws provide otherwise, a vacancy on the 1055 board caused by the expiration of a director’s term must be 1056 filled by electing a new board member, and the election must be 1057 by secret ballot. An election is not required if the number of 1058 vacancies equals or exceeds the number of candidates. For 1059 purposes of this paragraph, the term “candidate” means an 1060 eligible person who has timely submitted the written notice, as 1061 described in sub-subparagraph 4.a., of his or her intention to 1062 become a candidate. Except in a timeshare or nonresidential 1063 condominium, or if the staggered term of a board member does not 1064 expire until a later annual meeting, or if all members’ terms 1065 would otherwise expire but there are no candidates, the terms of 1066 all board members expire at the annual meeting, and such members 1067 may stand for reelection unless prohibited by the bylaws. Board 1068 members may serve terms longer than 1 year if permitted by the 1069 bylaws or articles of incorporation. A board member may not 1070 serve more than 8 consecutive years unless approved by an 1071 affirmative vote of unit owners representing two-thirds of all 1072 votes cast in the election or unless there are not enough 1073 eligible candidates to fill the vacancies on the board at the 1074 time of the vacancy. Only board service that occurs on or after 1075 July 1, 2018, may be used when calculating a board member’s term 1076 limit. If the number of board members whose terms expire at the 1077 annual meeting equals or exceeds the number of candidates, the 1078 candidates become members of the board effective upon the 1079 adjournment of the annual meeting. Unless the bylaws provide 1080 otherwise, any remaining vacancies shall be filled by the 1081 affirmative vote of the majority of the directors making up the 1082 newly constituted board even if the directors constitute less 1083 than a quorum or there is only one director. In a residential 1084 condominium association of more than 10 units or in a 1085 residential condominium association that does not include 1086 timeshare units or timeshare interests, co-owners of a unit may 1087 not serve as members of the board of directors at the same time 1088 unless they own more than one unit or unless there are not 1089 enough eligible candidates to fill the vacancies on the board at 1090 the time of the vacancy. A unit owner in a residential 1091 condominium desiring to be a candidate for board membership must 1092 comply with sub-subparagraph 4.a. and must be eligible to be a 1093 candidate to serve on the board of directors at the time of the 1094 deadline for submitting a notice of intent to run in order to 1095 have his or her name listed as a proper candidate on the ballot 1096 or to serve on the board. A person who has been suspended or 1097 removed by the division under this chapter, or who is delinquent 1098 in the payment of any assessment due to the association, is not 1099 eligible to be a candidate for board membership and may not be 1100 listed on the ballot. For purposes of this paragraph, a person 1101 is delinquent if a payment is not made by the due date as 1102 specifically identified in the declaration of condominium, 1103 bylaws, or articles of incorporation. If a due date is not 1104 specifically identified in the declaration of condominium, 1105 bylaws, or articles of incorporation, the due date is the first 1106 day of the assessment period. A person who has been convicted of 1107 any felony in this state or in a United States District or 1108 Territorial Court, or who has been convicted of any offense in 1109 another jurisdiction which would be considered a felony if 1110 committed in this state, is not eligible for board membership 1111 unless such felon’s civil rights have been restored for at least 1112 5 years as of the date such person seeks election to the board. 1113 The validity of an action by the board is not affected if it is 1114 later determined that a board member is ineligible for board 1115 membership due to having been convicted of a felony. This 1116 subparagraph does not limit the term of a member of the board of 1117 a nonresidential or timeshare condominium. 1118 3. The bylaws must provide the method of calling meetings 1119 of unit owners, including annual meetings. Written notice of an 1120 annual meeting must include an agenda; be mailed, hand 1121 delivered, or electronically transmitted to each unit owner at 1122 least 14 days before the annual meeting; and be posted in a 1123 conspicuous place on the condominium property or association 1124 property at least 14 continuous days before the annual meeting. 1125 Written notice of a meeting other than an annual meeting must 1126 include an agenda; be mailed, hand delivered, or electronically 1127 transmitted to each unit owner; and be posted in a conspicuous 1128 place on the condominium property or association property within 1129 the timeframe specified in the bylaws. If the bylaws do not 1130 specify a timeframe for written notice of a meeting other than 1131 an annual meeting, notice must be provided at least 14 1132 continuous days before the meeting. Upon notice to the unit 1133 owners, the board shall, by duly adopted rule, designate a 1134 specific location on the condominium property or association 1135 property where all notices of unit owner meetings must be 1136 posted. This requirement does not apply if there is no 1137 condominium property for posting notices. In lieu of, or in 1138 addition to, the physical posting of meeting notices, the 1139 association may, by reasonable rule, adopt a procedure for 1140 conspicuously posting and repeatedly broadcasting the notice and 1141 the agenda on a closed-circuit cable television system serving 1142 the condominium association. However, if broadcast notice is 1143 used in lieu of a notice posted physically on the condominium 1144 property, the notice and agenda must be broadcast at least four 1145 times every broadcast hour of each day that a posted notice is 1146 otherwise required under this section. If broadcast notice is 1147 provided, the notice and agenda must be broadcast in a manner 1148 and for a sufficient continuous length of time so as to allow an 1149 average reader to observe the notice and read and comprehend the 1150 entire content of the notice and the agenda. In addition to any 1151 of the authorized means of providing notice of a meeting of the 1152 board, the association may, by rule, adopt a procedure for 1153 conspicuously posting the meeting notice and the agenda on a 1154 website serving the condominium association for at least the 1155 minimum period of time for which a notice of a meeting is also 1156 required to be physically posted on the condominium property. 1157 Any rule adopted shall, in addition to other matters, include a 1158 requirement that the association send an electronic notice in 1159 the same manner as a notice for a meeting of the members, which 1160 must include a hyperlink to the website where the notice is 1161 posted, to unit owners whose e-mail addresses are included in 1162 the association’s official records. Unless a unit owner waives 1163 in writing the right to receive notice of the annual meeting, 1164 such notice must be hand delivered, mailed, or electronically 1165 transmitted to each unit owner. Notice for meetings and notice 1166 for all other purposes must be mailed to each unit owner at the 1167 address last furnished to the association by the unit owner, or 1168 hand delivered to each unit owner. However, if a unit is owned 1169 by more than one person, the association must provide notice to 1170 the address that the developer identifies for that purpose and 1171 thereafter as one or more of the owners of the unit advise the 1172 association in writing, or if no address is given or the owners 1173 of the unit do not agree, to the address provided on the deed of 1174 record. An officer of the association, or the manager or other 1175 person providing notice of the association meeting, must provide 1176 an affidavit or United States Postal Service certificate of 1177 mailing, to be included in the official records of the 1178 association affirming that the notice was mailed or hand 1179 delivered in accordance with this provision. 1180 4. The members of the board of a residential condominium 1181 shall be elected by written ballot or voting machine. Proxies 1182 may not be used in electing the board in general elections or 1183 elections to fill vacancies caused by recall, resignation, or 1184 otherwise, unless otherwise provided in this chapter. This 1185 subparagraph does not apply to an association governing a 1186 timeshare condominium. 1187 a. At least 60 days before a scheduled election, the 1188 association shall mail, deliver, or electronically transmit, by 1189 separate association mailing or included in another association 1190 mailing, delivery, or transmission, including regularly 1191 published newsletters, to each unit owner entitled to a vote, a 1192 first notice of the date of the election. A unit owner or other 1193 eligible person desiring to be a candidate for the board must 1194 give written notice of his or her intent to be a candidate to 1195 the association at least 40 days before a scheduled election. 1196 Together with the written notice and agenda as set forth in 1197 subparagraph 3., the association shall mail, deliver, or 1198 electronically transmit a second notice of the election to all 1199 unit owners entitled to vote, together with a ballot that lists 1200 all candidates not less than 14 days or more than 34 days before 1201 the date of the election. Upon request of a candidate, an 1202 information sheet, no larger than 8 1/2 inches by 11 inches, 1203 which must be furnished by the candidate at least 35 days before 1204 the election, must be included with the mailing, delivery, or 1205 transmission of the ballot, with the costs of mailing, delivery, 1206 or electronic transmission and copying to be borne by the 1207 association. The association is not liable for the contents of 1208 the information sheets prepared by the candidates. In order to 1209 reduce costs, the association may print or duplicate the 1210 information sheets on both sides of the paper. The division 1211 shall by rule establish voting procedures consistent with this 1212 sub-subparagraph, including rules establishing procedures for 1213 giving notice by electronic transmission and rules providing for 1214 the secrecy of ballots. Elections shall be decided by a 1215 plurality of ballots cast. There is no quorum requirement; 1216 however, at least 20 percent of the eligible voters must cast a 1217 ballot in order to have a valid election. A unit owner may not 1218 authorize any other person to vote his or her ballot, and any 1219 ballots improperly cast are invalid. A unit owner who violates 1220 this provision may be fined by the association in accordance 1221 with s. 718.303. A unit owner who needs assistance in casting 1222 the ballot for the reasons stated in s. 101.051 may obtain such 1223 assistance. The regular election must occur on the date of the 1224 annual meeting. Notwithstanding this sub-subparagraph, an 1225 election is not required unless more candidates file notices of 1226 intent to run or are nominated than board vacancies exist. 1227 b. A director of aWithin 90 days after being elected or1228appointed to theboard of an association of a residential 1229 condominium, each newly elected or appointed directorshall: 1230 (I) Certify in writing to the secretary of the association 1231 that he or she has read the association’s declaration of 1232 condominium, articles of incorporation, bylaws, and current 1233 written policies; that he or she will work to uphold such 1234 documents and policies to the best of his or her ability; and 1235 that he or she will faithfully discharge his or her fiduciary 1236 responsibility to the association’s members.In lieu of this1237written certification, within 90 days after being elected or1238appointed to the board, the newly elected or appointed director1239may1240 (II) Submit to the secretary of the association a 1241 certificate of having satisfactorily completed the educational 1242 curriculum administered by the division or a division-approved 1243 condominium education providerwithin 1 year before or 90 days1244after the date of election or appointment. 1245 1246 Each newly elected or appointed director must submit the written 1247 certification and educational certificate to the secretary of 1248 the association within 1 year before being elected or appointed 1249 or within 90 days after the date of election or appointment. A 1250 director of an association of a residential condominium who was 1251 elected or appointed before July 1, 2024, must comply with the 1252 written certification and educational certificate requirements 1253 in this sub-subparagraph by June 30, 2025. The written 1254 certification andoreducational certificate is valid for 7 1255 years from the date of issuance and does not have to be 1256 resubmitted as long as the director serves on the board without 1257 interruption during the 7-year period. A director who is 1258 appointed by the developer may satisfy the educational 1259 certificate requirement in sub-sub-subparagraph (II) for any 1260 subsequent appointment to a board by a developer within 7 years 1261 after the date of issuance of the most recent educational 1262 certificate, including any interruption of service on a board or 1263 an appointment to a board in another association within that 7 1264 year period. Additionally, one year after submission of the most 1265 recent written certification and educational certificate, and 1266 annually thereafter, a director of an association of a 1267 residential condominium must submit to the secretary of the 1268 association a certificate of having satisfactorily completed an 1269 educational curriculum administered by the division, or a 1270 division-approved condominium education provider, relating to 1271 any recent changes to this chapter and the related 1272 administrative rules during the past year. A director of an 1273 association of a residential condominium who fails to timely 1274 file the written certification andoreducational certificate is 1275 suspended from service on the board until he or she complies 1276 with this sub-subparagraph. The board may temporarily fill the 1277 vacancy during the period of suspension. The secretary shall 1278 cause the association to retain a director’s written 1279 certification andoreducational certificate for inspection by 1280 the members for 75years after a director’s election or the 1281 duration of the director’s uninterrupted tenure, whichever is 1282 longer. Failure to have such written certification andor1283 educational certificate on file does not affect the validity of 1284 any board action. 1285 c. Any challenge to the election process must be commenced 1286 within 60 days after the election results are announced. 1287 5. Any approval by unit owners called for by this chapter 1288 or the applicable declaration or bylaws, including, but not 1289 limited to, the approval requirement in s. 718.111(8), must be 1290 made at a duly noticed meeting of unit owners and is subject to 1291 all requirements of this chapter or the applicable condominium 1292 documents relating to unit owner decisionmaking, except that 1293 unit owners may take action by written agreement, without 1294 meetings, on matters for which action by written agreement 1295 without meetings is expressly allowed by the applicable bylaws 1296 or declaration or any law that provides for such action. 1297 6. Unit owners may waive notice of specific meetings if 1298 allowed by the applicable bylaws or declaration or any law. 1299 Notice of meetings of the board of administration; unit owner 1300 meetings, except unit owner meetings called to recall board 1301 members under paragraph (l); and committee meetings may be given 1302 by electronic transmission to unit owners who consent to receive 1303 notice by electronic transmission. A unit owner who consents to 1304 receiving notices by electronic transmission is solely 1305 responsible for removing or bypassing filters that block receipt 1306 of mass e-mails sent to members on behalf of the association in 1307 the course of giving electronic notices. 1308 7. Unit owners have the right to participate in meetings of 1309 unit owners with reference to all designated agenda items. 1310 However, the association may adopt reasonable rules governing 1311 the frequency, duration, and manner of unit owner participation. 1312 8. A unit owner may tape record or videotape a meeting of 1313 the unit owners subject to reasonable rules adopted by the 1314 division. 1315 9. Unless otherwise provided in the bylaws, any vacancy 1316 occurring on the board before the expiration of a term may be 1317 filled by the affirmative vote of the majority of the remaining 1318 directors, even if the remaining directors constitute less than 1319 a quorum, or by the sole remaining director. In the alternative, 1320 a board may hold an election to fill the vacancy, in which case 1321 the election procedures must conform to sub-subparagraph 4.a. 1322 unless the association governs 10 units or fewer and has opted 1323 out of the statutory election process, in which case the bylaws 1324 of the association control. Unless otherwise provided in the 1325 bylaws, a board member appointed or elected under this section 1326 shall fill the vacancy for the unexpired term of the seat being 1327 filled. Filling vacancies created by recall is governed by 1328 paragraph (l) and rules adopted by the division. 1329 10. This chapter does not limit the use of general or 1330 limited proxies, require the use of general or limited proxies, 1331 or require the use of a written ballot or voting machine for any 1332 agenda item or election at any meeting of a timeshare 1333 condominium association or nonresidential condominium 1334 association. 1335 1336 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an 1337 association of 10 or fewer units may, by affirmative vote of a 1338 majority of the total voting interests, provide for different 1339 voting and election procedures in its bylaws, which may be by a 1340 proxy specifically delineating the different voting and election 1341 procedures. The different voting and election procedures may 1342 provide for elections to be conducted by limited or general 1343 proxy. 1344 (f) Annual budget.— 1345 1. The proposed annual budget of estimated revenues and 1346 expenses must be detailed and must show the amounts budgeted by 1347 accounts and expense classifications, including, at a minimum, 1348 any applicable expenses listed in s. 718.504(21). The board 1349 shall adopt the annual budget at least 14 days before the start 1350 of the association’s fiscal year. In the event that the board 1351 fails to timely adopt the annual budget a second time, it is 1352 deemed a minor violation and the prior year’s budget shall 1353 continue in effect until a new budget is adopted. A 1354 multicondominium association must adopt a separate budget of 1355 common expenses for each condominium the association operates 1356 and must adopt a separate budget of common expenses for the 1357 association. In addition, if the association maintains limited 1358 common elements with the cost to be shared only by those 1359 entitled to use the limited common elements as provided for in 1360 s. 718.113(1), the budget or a schedule attached to it must show 1361 the amount budgeted for this maintenance. If, after turnover of 1362 control of the association to the unit owners, any of the 1363 expenses listed in s. 718.504(21) are not applicable, they do 1364 not need to be listed. 1365 2.a. In addition to annual operating expenses, the budget 1366 must include reserve accounts for capital expenditures and 1367 planneddeferredmaintenance. These accounts must include, but 1368 are not limited to, roof replacement, building painting, and 1369 pavement resurfacing, regardless of the amount of planned 1370deferredmaintenance expense or replacement cost, and any other 1371 item that has a planneddeferredmaintenance expense or 1372 replacement cost that exceeds $10,000. The amount to be reserved 1373 must be computed using a formula based upon estimated remaining 1374 useful life and estimated replacement cost or planneddeferred1375 maintenance expense of the reserve item. In a budget adopted by 1376 an association that is required to obtain a structural integrity 1377 reserve study, reserves must be maintained for the items 1378 identified in paragraph (g) for which the association is 1379 responsible pursuant to the declaration of condominium, and the 1380 reserve amount for such items must be based on the findings and 1381 recommendations of the association’s most recent structural 1382 integrity reserve study. With respect to items for which an 1383 estimate of useful life is not readily ascertainable or with an 1384 estimated remaining useful life of greater than 25 years, an 1385 association is not required to reserve replacement costs for 1386 such items, but an association must reserve the amount of 1387 planneddeferredmaintenance expense, if any, which is 1388 recommended by the structural integrity reserve study for such 1389 items. The association may adjust replacement reserve 1390 assessments annually to take into account an inflation 1391 adjustment and any changes in estimates or extension of the 1392 useful life of a reserve item caused by planneddeferred1393 maintenance. The members of a unit-owner-controlled association 1394 may determine, by a majority vote of the total voting interests 1395 of the association, to provide no reserves or less reserves than 1396 required by this subsection. For a budget adopted on or after 1397 December 31, 2024, the members of a unit-owner-controlled 1398 association that must obtain a structural integrity reserve 1399 study may not determine to provide no reserves or less reserves 1400 than required by this subsection for items listed in paragraph 1401 (g), except that members of an association operating a 1402 multicondominium may determine to provide no reserves or less 1403 reserves than required by this subsection if an alternative 1404 funding method has been approved by the division. Additionally, 1405 members of an association may determine to provide no reserves 1406 or less reserves than required by this subsection if the 1407 condominium building or units are unsafe and uninhabitable due 1408 to substantial damage or loss as determined by the local 1409 enforcement agency, as defined in s. 553.71(5), and it is in the 1410 best interests of the association to use revenues and existing 1411 reserve funds to perform necessary repairs to make the building 1412 or units safe and habitable, but an association may not opt for 1413 such a waiver of reserve requirements after the building or 1414 units have been declared safe for occupancy by the local 1415 enforcement agency. 1416 b. Before turnover of control of an association by a 1417 developer to unit owners other than a developer under s. 1418 718.301, the developer-controlled association may not vote to 1419 waive the reserves or reduce funding of the reserves. If a 1420 meeting of the unit owners has been called to determine whether 1421 to waive or reduce the funding of reserves and no such result is 1422 achieved or a quorum is not attained, the reserves included in 1423 the budget shall go into effect. After the turnover, the 1424 developer may vote its voting interest to waive or reduce the 1425 funding of reserves. 1426 3. Reserve funds and any interest or earnings accruing 1427 thereon shall remain in the reserve account or accounts, and may 1428 be used only for authorized reserve expenditures unless their 1429 use for other purposes is approved in advance by a majority vote 1430 of all the total voting interests of the association. Before 1431 turnover of control of an association by a developer to unit 1432 owners other than the developer pursuant to s. 718.301, the 1433 developer-controlled association may not vote to use reserves 1434 for purposes other than those for which they were intended. For 1435 a budget adopted on or after December 31, 2024, members of a 1436 unit-owner-controlled association that must obtain a structural 1437 integrity reserve study may not vote to use reserve funds, or 1438 any interest accruing thereon, for any other purpose other than 1439 the replacement or planneddeferredmaintenance costs of the 1440 components listed in paragraph (g). 1441 4. The only voting interests that are eligible to vote on 1442 questions that involve waiving or reducing the funding of 1443 reserves, or using existing reserve funds for purposes other 1444 than purposes for which the reserves were intended, are the 1445 voting interests of the units subject to assessment to fund the 1446 reserves in question. Proxy questions relating to waiving or 1447 reducing the funding of reserves or using existing reserve funds 1448 for purposes other than purposes for which the reserves were 1449 intended must contain the following statement in capitalized, 1450 bold letters in a font size larger than any other used on the 1451 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN 1452 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY 1453 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED 1454 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. 1455 (g) Structural integrity reserve study.— 1456 1. A residential condominium association must have a 1457 structural integrity reserve study completed at least every 10 1458 years after the condominium’s creation for each building on the 1459 condominium property that is three stories or higher in height, 1460 as determined by the Florida Building Code, which includes, at a 1461 minimum, a study of the following items as related to the 1462 structural integrity and safety of the building: 1463 a. Roof. 1464 b. Structure, including load-bearing walls and other 1465 primary structural members and primary structural systems as 1466 those terms are defined in s. 627.706. 1467 c. Fireproofing and fire protection systems. 1468 d. Plumbing. 1469 e. Electrical systems. 1470 f. Waterproofing and exterior painting. 1471 g. Windows and exterior doors. 1472 h. Any other item that has a planneddeferredmaintenance 1473 expense or replacement cost that exceeds $10,000 and the failure 1474 to replace or maintain such item negatively affects the items 1475 listed in sub-subparagraphs a.-g., as determined by the visual 1476 inspection portion of the structural integrity reserve study. 1477 2. A structural integrity reserve study is based on a 1478 visual inspection of the condominium property. A structural 1479 integrity reserve study may be performed by any person qualified 1480 to perform such study. However, the visual inspection portion of 1481 the structural integrity reserve study must be performed or 1482 verified by an engineer licensed under chapter 471, an architect 1483 licensed under chapter 481, or a person certified as a reserve 1484 specialist or professional reserve analyst by the Community 1485 Associations Institute or the Association of Professional 1486 Reserve Analysts. 1487 3. At a minimum, a structural integrity reserve study must 1488 identify each item of the condominium property being visually 1489 inspected, state the estimated remaining useful life and the 1490 estimated replacement cost or planneddeferredmaintenance 1491 expense of each item of the condominium property being visually 1492 inspected, and provide a reserve funding schedule with a 1493 recommended annual reserve amount that achieves the estimated 1494 replacement cost or planneddeferredmaintenance expense of each 1495 item of condominium property being visually inspected by the end 1496 of the estimated remaining useful life of the item. The 1497 structural integrity reserve study may recommend that reserves 1498 do not need to be maintained for any item for which an estimate 1499 of useful life and an estimate of replacement cost cannot be 1500 determined, or the study may recommend a planneddeferred1501 maintenance expense amount for such item. The structural 1502 integrity reserve study may recommend that reserves for 1503 replacement costs do not need to be maintained for any item with 1504 an estimated remaining useful life of greater than 25 years, but 1505 the study may recommend a planneddeferredmaintenance expense 1506 amount for such item. If the condominium building or units are 1507 unsafe and uninhabitable due to substantial damage or loss as 1508 determined by the local enforcement agency, as defined in s. 1509 533.71(5), and it is in the best interests of the association to 1510 use revenues and existing reserve funds to perform necessary 1511 repairs to make the building safe and habitable, the structural 1512 integrity reserve study may recommend a temporary pause in 1513 reserve funding or reduced reserve funding, but the association 1514 may not pause reserve funding after the building has been 1515 declared safe for occupancy by the local enforcement agency. 1516 4. This paragraph does not apply to buildings less than 1517 three stories in height; single-family, two-family, or three 1518 family dwellings with three or fewer habitable stories above 1519 ground; any portion or component of a building that has not been 1520 submitted to the condominium form of ownership; or any portion 1521 or component of a building that is maintained by a party other 1522 than the association. 1523 5. Before a developer turns over control of an association 1524 to unit owners other than the developer, the developer must have 1525 a turnover inspection report in compliance with s. 718.301(4)(p) 1526 and (q) for each building on the condominium property that is 1527 three stories or higher in height. 1528 6. Associations existing on or before July 1, 2022, which 1529 are controlled by unit owners other than the developer, must 1530 have a structural integrity reserve study completed by December 1531 31, 2024, for each building on the condominium property that is 1532 three stories or higher in height, except that the structural 1533 integrity reserve study may be completed after December 31, 1534 2024, if the association has entered into a contract for the 1535 performance of a structural integrity reserve study and the 1536 study cannot reasonably be performed or completed by December 1537 31, 2024. An association that is required to complete a 1538 milestone inspection in accordance with s. 553.899 on or before 1539 December 31, 2026, may complete the structural integrity reserve 1540 study simultaneously with the milestone inspection. In no event 1541 may the structural integrity reserve study be completed after 1542 December 31, 2026. 1543 7. If the milestone inspection required by s. 553.899, or 1544 an inspection completed for a similar local requirement, was 1545 performed within the past 5 years and meets the requirements of 1546 this paragraph, such inspection may be used in place of the 1547 visual inspection portion of the structural integrity reserve 1548 study. 1549 8. If the officers or directors of an association willfully 1550 and knowingly fail to complete a structural integrity reserve 1551 study pursuant to this paragraph, such failure is a breach of an 1552 officer’s and director’s fiduciary relationship to the unit 1553 owners under s. 718.111(1). 1554 9. Within 45 days after receiving the structural integrity 1555 reserve study, the association must distribute a copy of the 1556 study to each unit owner or deliver to each unit owner a notice 1557 that the completed study is available for inspection and copying 1558 upon a written request. Distribution of a copy of the study or 1559 notice must be made by United States mail or personal delivery 1560 at the mailing address, property address, or any other address 1561 of the owner provided to fulfill the association’s notice 1562 requirements under this chapter, or by electronic transmission 1563 to the e-mail address or facsimile number provided to fulfill 1564 the association’s notice requirements to unit owners who 1565 previously consented to receive notice by electronic 1566 transmission. 1567 (i) Assessments.— 1568 1. The manner of collecting from the unit owners their 1569 shares of the common expenses shall be stated in the bylaws. 1570 Assessments shall be made against units not less frequently than 1571 quarterly in an amount which is not less than that required to 1572 provide funds in advance for payment of all of the anticipated 1573 current operating expenses and for all of the unpaid operating 1574 expenses previously incurred. Nothing in this paragraph shall 1575 preclude the right of an association to accelerate assessments 1576 of an owner delinquent in payment of common expenses. 1577 Accelerated assessments shall be due and payable on the date the 1578 claim of lien is filed. Such accelerated assessments shall 1579 include the amounts due for the remainder of the budget year in 1580 which the claim of lien was filed. 1581 2.a. In lieu of a special assessment to fund needed repair, 1582 maintenance, or replacement of a building component recommended 1583 by a milestone inspection required under s. 553.899 or a similar 1584 local inspection requirement or a structural integrity reserve 1585 study, or unanticipated repairs, the board of a unit-owner 1586 controlled association may approve contingent special 1587 assessments against each unit to secure a line of credit for the 1588 association to provide available funding to pay for such repair, 1589 maintenance, or replacement. The approved line of credit must be 1590 made available to the board for the funding of the needed 1591 repair, maintenance, or replacement. The association must record 1592 a declaration of special assessments evidencing the levy of such 1593 special assessments in the public records. 1594 b. Funding from the line of credit must be immediately 1595 available for access by the board to fund required repair, 1596 maintenance, or replacement expenses without further approval by 1597 the members of the association. At the option of a unit owner, 1598 the special assessment may be paid in full at the time it 1599 becomes due or the payment may be amortized over a term of years 1600 as provided for by the line of credit. However, a unit owner may 1601 pay the remaining balance of the special assessment at any time 1602 during the amortization period. 1603 c. For a budget adopted on or before December 31, 2029, an 1604 association may secure a line of credit and assess a contingent 1605 special assessment as provided in this subparagraph to meet the 1606 reserve funding schedule recommended by the structural integrity 1607 reserve study. 1608 d. Except as authorized by sub-subparagraph c., a line of 1609 credit and contingent special assessment in this paragraph may 1610 not be used as an alternative to the association’s reserve 1611 funding requirements in paragraph (f). 1612 (q) Director or officer offenses.— 1613 1. A director or an officer charged by information or 1614 indictment with any of the following crimes is deemed removed 1615 from office and a vacancy declared: 1616 a. Forgery of a ballot envelope or voting certificate used 1617 in a condominium association election as provided in s. 831.01. 1618 b. Theft or embezzlement involving the association’s funds 1619 or property as provided in s. 812.014. 1620 c. Destruction of, or the refusal to allow inspection or 1621 copying of, an official record of a condominium association 1622 which is accessible to unit owners within the time periods 1623 required by general law, in furtherance of any crime. Such act 1624 constitutes tampering with physical evidence as provided in s. 1625 918.13. 1626 d. Obstruction of justice under chapter 843. 1627 e. Any criminal violation under this chapter. 1628 2. The board shall fill the vacancy in accordance with 1629 paragraph (2)(d)a felony theft or embezzlement offense1630involving the association’s funds or property must be removed1631from office, creating a vacancy in the office to be filled1632according to lawuntil the end of the period of the suspension 1633 or the end of the director’s term of office, whichever occurs 1634 first. While such director or officer has such criminal charge 1635 pending, he or she may not be appointed or elected to a position 1636 as a director or an officer of any association and may not have 1637 access to the official records of any association, except 1638 pursuant to a court order. However, if the charges are resolved 1639 without a finding of guilt, the director or officer shall be 1640 reinstated for the remainder of his or her term of office, if 1641 any. 1642 (r) Fraudulent voting activities relating to association 1643 elections; penalties.— 1644 1. A person who engages in the following acts of fraudulent 1645 voting activity relating to association elections commits a 1646 misdemeanor of the first degree, punishable as provided in s. 1647 775.082 or s. 775.083: 1648 a. Willfully and falsely swearing to or affirming an oath 1649 or affirmation, or willfully procuring another person to falsely 1650 swear to or affirm an oath or affirmation, in connection with or 1651 arising out of voting activities. 1652 b. Perpetrating or attempting to perpetrate, or aiding in 1653 the perpetration of, fraud in connection with a vote cast, to be 1654 cast, or attempted to be cast. 1655 c. Preventing a member from voting or preventing a member 1656 from voting as he or she intended by fraudulently changing or 1657 attempting to change a ballot, ballot envelope, vote, or voting 1658 certificate of the member. 1659 d. Menacing, threatening, or using bribery or any other 1660 corruption to attempt, directly or indirectly, to influence, 1661 deceive, or deter a member when the member is voting. 1662 e. Giving or promising, directly or indirectly, anything of 1663 value to another member with the intent to buy the vote of that 1664 member or another member or to corruptly influence that member 1665 or another member in casting his or her vote. This subsection 1666 does not apply to any food served which is to be consumed at an 1667 election rally or a meeting or to any item of nominal value 1668 which is used as an election advertisement, including a campaign 1669 message designed to be worn by a member. 1670 f. Using or threatening to use, directly or indirectly, 1671 force, violence, or intimidation or any tactic of coercion or 1672 intimidation to induce or compel a member to vote or refrain 1673 from voting in an election or on a particular ballot measure. 1674 2. Each of the following acts constitutes a misdemeanor of 1675 the first degree, punishable as provided in s. 775.082 or s. 1676 775.083: 1677 a. Knowingly aiding, abetting, or advising a person in the 1678 commission of a fraudulent voting activity related to 1679 association elections. 1680 b. Agreeing, conspiring, combining, or confederating with 1681 at least one other person to commit a fraudulent voting activity 1682 related to association elections. 1683 c. Having knowledge of a fraudulent voting activity related 1684 to association elections and giving any aid to the offender with 1685 intent that the offender avoid or escape detection, arrest, 1686 trial, or punishment. 1687 1688 This subparagraph does not apply to a licensed attorney giving 1689 legal advice to a client. 1690 3. Any person charged by information or indictment for any 1691 of the crimes in this paragraph shall be deemed removed from 1692 office and a vacancy declared. 1693 Section 9. Subsection (5) of section 718.113, Florida 1694 Statutes, is amended to read: 1695 718.113 Maintenance; limitation upon improvement; display 1696 of flag; hurricaneshutters andprotection; display of religious 1697 decorations.— 1698 (5) To protect the health, safety, and welfare of the 1699 people of this state and to ensure uniformity and consistency in 1700 the hurricane protections installed by condominium associations 1701 and unit owners, this subsection applies to all residential and 1702 mixed-use condominiums in this state, regardless of when the 1703 condominium is created pursuant to the declaration of 1704 condominium. Each board of administration of a residential 1705 condominium or mixed-use condominium shall adopt hurricane 1706 protectionshutterspecifications for each building within each 1707 condominium operated by the association which mayshallinclude 1708 color, style, and other factors deemed relevant by the board. 1709 All specifications adopted by the board must comply with the 1710 applicable building code. The installation, maintenance, repair, 1711 replacement, and operation of hurricane protection in accordance 1712 with this subsection is not considered a material alteration or 1713 substantial addition to the common elements or association 1714 property within the meaning of this section. 1715 (a) The board may, subject to s. 718.3026 and the approval 1716 of a majority of voting interests of the residential condominium 1717 or mixed-use condominium, install or require that unit owners 1718 install hurricaneshutters, impact glass, code-compliant windows1719or doors, or other types of code-compliant hurricaneprotection 1720 that compliescomplywith or exceedsexceedthe applicable 1721 building code. A vote of the unit owners to require the 1722 installation of hurricane protection must be set forth in a 1723 certificate attesting to such vote and include the date that the 1724 hurricane protection must be installed. The board must record 1725 the certificate in the public records of the county where the 1726 condominium is located. The certificate must include the 1727 recording data identifying the declaration of condominium and 1728 must be executed in the form required for the execution of a 1729 deed. Once the certificate is recorded, the board must mail or 1730 hand deliver a copy of the recorded certificate to the unit 1731 owners at the owners’ addresses, as reflected in the records of 1732 the association. The board may provide a copy of the recorded 1733 certificate by electronic transmission to unit owners who 1734 previously consented to receive notice by electronic 1735 transmission. The failure to record the certificate or send a 1736 copy of the recorded certificate to the unit owners does not 1737 affect the validity or enforceability of the vote of the unit 1738 owners.However,A vote of the unit owners under this paragraph 1739 is not required if the installation, maintenance, repair, and 1740 replacement of the hurricaneshutters, impact glass, code1741compliant windows or doors, or other types of code-compliant1742hurricaneprotection, or any exterior windows, doors, or other 1743 apertures protected by the hurricane protection, isarethe 1744 responsibility of the association pursuant to the declaration of 1745 condominium as originally recorded or as amended, or if the unit 1746 owners are required to install hurricane protection pursuant to 1747 the declaration of condominium as originally recorded or as 1748 amended. If hurricane protectionor laminated glass or window1749film architecturally designed to function as hurricane1750protectionthat complies with or exceeds the current applicable 1751 building code has been previously installed, the board may not 1752 install the same type ofhurricane shutters, impact glass, code1753compliant windows or doors, or other types of code-compliant1754 hurricane protection or require that unit owners install the 1755 same type of hurricane protection unless the installed hurricane 1756 protection has reached the end of its useful life or unless it 1757 is necessary to prevent damage to the common elements or to a 1758 unitexcept upon approval by a majority vote of the voting1759interests. 1760(b)The association is responsible for the maintenance,1761repair, and replacement of the hurricane shutters, impact glass,1762code-compliant windows or doors, or other types of code1763compliant hurricane protection authorized by this subsection if1764such property is the responsibility of the association pursuant1765to the declaration of condominium. If the hurricane shutters,1766impact glass, code-compliant windows or doors, or other types of1767code-compliant hurricane protection are the responsibility of1768the unit owners pursuant to the declaration of condominium, the1769maintenance, repair, and replacement of such items are the1770responsibility of the unit owner.1771 (b)(c)The board may operateshutters, impact glass, code1772compliant windows or doors, or other types of code-compliant1773 hurricane protectioninstalled pursuant to this subsection1774 without permission of the unit owners only if such operation is 1775 necessary to preserve and protect the condominium property or 1776andassociation property.The installation, replacement,1777operation, repair, and maintenance of such shutters, impact1778glass, code-compliant windows or doors, or other types of code1779compliant hurricane protection in accordance with the procedures1780set forth in this paragraph are not a material alteration to the1781common elements or association property within the meaning of1782this section.1783 (c)(d)Notwithstanding any other provision in the 1784 residential condominium or mixed-use condominium documents, if 1785 approval is required by the documents, a board may not refuse to 1786 approve the installation or replacement ofhurricane shutters,1787impact glass, code-compliant windows or doors, or other types of1788code-complianthurricane protection by a unit owner which 1789 conformsconformingto the specifications adopted by the board. 1790 However, a board may require the unit owner to adhere to an 1791 existing unified building scheme regarding the external 1792 appearance of the condominium. 1793 (d) A unit owner is not responsible for the cost of any 1794 removal or reinstallation of hurricane protection, and any 1795 exterior window, door, or other aperture protected by the 1796 hurricane protection, if its removal is necessary for the 1797 maintenance, repair, or replacement of other condominium 1798 property or association property for which the association is 1799 responsible. The board shall determine if the removal or 1800 reinstallation of hurricane protection must be completed by the 1801 unit owner or the association. If such removal or reinstallation 1802 is completed by the association, the costs incurred by the 1803 association may not be charged to the unit owner. If such 1804 removal or installation is completed by the unit owner, the 1805 association must reimburse the unit owner for the cost of the 1806 removal or installation or the association must apply the unit 1807 owner’s cost of removal or installation as a credit toward 1808 future assessments. 1809 (e) If the removal or installation of hurricane protection 1810 or of any exterior windows, doors, or other apertures protected 1811 by the hurricane protection are the responsibility of the unit 1812 owner, such removal or installation is completed by the 1813 association, and the association then charges the unit owner for 1814 such removal or installation, such charges are enforceable as an 1815 assessment and may be collected in the manner provided under s. 1816 718.116. 1817 Section 10. Paragraph (e) of subsection (1) of section 1818 718.115, Florida Statutes, is amended to read: 1819 718.115 Common expenses and common surplus.— 1820 (1) 1821 (e)1. Except as provided in s. 718.113(5)(d)The expense of1822installation, replacement, operation, repair, and maintenance of1823hurricane shutters, impact glass, code-compliant windows or1824doors, or other types of code-compliant hurricane protection by1825the board pursuant to s. 718.113(5) constitutes a common expense1826and shall be collected as provided in this section if the1827association is responsible for the maintenance, repair, and1828replacement of the hurricane shutters, impact glass, code1829compliant windows or doors, or other types of code-compliant1830hurricane protection pursuant to the declaration of condominium.1831However, if the installation ofmaintenance, repair, and1832replacement of the hurricane shutters, impact glass, code1833compliant windows or doors, or other types of code-compliant1834 hurricane protection isarethe responsibility of the unit 1835 owners pursuant to the declaration of condominium or a vote of 1836 the unit owners under s. 718.113(5), the cost of the 1837 installation ofthe hurricane shutters, impact glass, code1838compliant windows or doors, or other types of code-compliant1839 hurricane protection by the association is not a common expense 1840 and mustshallbe charged individually to the unit owners based 1841 on the cost of installation ofthe hurricane shutters, impact1842glass, code-compliant windows or doors, or other types of code1843complianthurricane protection appurtenant to the unit. The 1844 costs of installation of hurricane protection are enforceable as 1845 an assessment and may be collected in the manner provided under 1846 s. 718.116. 1847 2. Notwithstanding s. 718.116(9), and regardless of whether 1848or notthe declaration requires the association or unit owners 1849 to install, maintain, repair, or replacehurricane shutters,1850impact glass, code-compliant windows or doors, or other types of1851code-complianthurricane protection, thea unitowner of a unit 1852 wherewho has previously installed hurricane shutters in1853accordance with s. 718.113(5) that comply with the current1854applicable building code shall receive a credit when the1855shutters are installed; a unit owner who has previously1856installed impact glass or code-compliant windows or doors that1857comply with the current applicable building code shall receive a1858credit when the impact glass or code-compliant windows or doors1859are installed; and a unit owner who has installed other types of1860code-complianthurricane protection that compliescomplywith 1861 the current applicable building code has been installed is 1862 excused from any assessment levied by the association or shall 1863 receive a credit ifwhenthe same type ofother code-compliant1864 hurricane protection is installed by the association, and the1865credit shall be equal to the pro rata portion of the assessed1866installation cost assigned to each unit. A credit is applicable 1867 if the installation of hurricane protection is for all other 1868 units that do not have hurricane protection and the cost of such 1869 installation is funded by the association’s budget, including 1870 the use of reserve funds. The credit must be equal to the amount 1871 that the unit owner would have been assessed to install the 1872 hurricane protection. However, such unit owner remains 1873 responsible for the pro rata share of expenses forhurricane1874shutters, impact glass, code-compliant windows or doors, or1875other types of code-complianthurricane protection installed on 1876 common elements and association property by the board pursuant 1877 to s. 718.113(5) and remains responsible for a pro rata share of 1878 the expense of the replacement, operation, repair, and 1879 maintenance of suchshutters, impact glass, code-compliant1880windows or doors, or other types of code-complianthurricane 1881 protection. Expenses for the installation, replacement, 1882 operation, repair, or maintenance of hurricane protection on 1883 common elements and association property are common expenses. 1884 Section 11. Paragraph (a) of subsection (8) of section 1885 718.116, Florida Statutes, is amended to read 1886 718.116 Assessments; liability; lien and priority; 1887 interest; collection.— 1888 (8) Within 10 business days after receiving a written or 1889 electronic request therefor from a unit owner or the unit 1890 owner’s designee, or a unit mortgagee or the unit mortgagee’s 1891 designee, the association shall issue the estoppel certificate. 1892 Each association shall designate on its website a person or 1893 entity with a street or e-mail address for receipt of a request 1894 for an estoppel certificate issued pursuant to this section. The 1895 estoppel certificate must be provided by hand delivery, regular 1896 mail, or e-mail to the requestor on the date of issuance of the 1897 estoppel certificate. 1898 (a) An estoppel certificate may be completed by any board 1899 member, authorized agent, or authorized representative of the 1900 association, including any authorized agent, authorized 1901 representative, or employee of a management company authorized 1902 to complete this form on behalf of the board or association. The 1903 estoppel certificate must contain all of the following 1904 information and must be substantially in the following form: 1905 1. Date of issuance:.... 1906 2. Name(s) of the unit owner(s) as reflected in the books 1907 and records of the association:.... 1908 3. Unit designation and address:.... 1909 4. Parking or garage space number, as reflected in the 1910 books and records of the association:.... 1911 5. Attorney’s name and contact information if the account 1912 is delinquent and has been turned over to an attorney for 1913 collection. No fee may be charged for this information. 1914 6. Fee for the preparation and delivery of the estoppel 1915 certificate:.... 1916 7. Name of the requestor:.... 1917 8. Assessment information and other information: 1918 1919 ASSESSMENT INFORMATION: 1920 1921 a. The regular periodic assessment levied against the unit 1922 is $.... per ...(insert frequency of payment).... 1923 b. The regular periodic assessment is paid through 1924 ...(insert date paid through).... 1925 c. The next installment of the regular periodic assessment 1926 is due ...(insert due date)... in the amount of $..... 1927 d. An itemized list of all assessments, special 1928 assessments, and other moneys owed on the date of issuance to 1929 the association by the unit owner for a specific unit is 1930 provided. 1931 e. An itemized list of any additional assessments, special 1932 assessments, contingent special assessments, and other moneys 1933 that are scheduled to become due for each day after the date of 1934 issuance for the effective period of the estoppel certificate is 1935 provided. In calculating the amounts that are scheduled to 1936 become due, the association may assume that any delinquent 1937 amounts will remain delinquent during the effective period of 1938 the estoppel certificate. 1939 f. Any line of credit for which a contingent special 1940 assessment may be imposed. 1941 1942 OTHER INFORMATION: 1943 1944 g.f.Is there a capital contribution fee, resale fee, 1945 transfer fee, or other fee due? ....(Yes) ....(No). If yes, 1946 specify the type and the amount of the fee. 1947 h.g.Is there any open violation of rule or regulation 1948 noticed to the unit owner in the association official records? 1949 ....(Yes) ....(No). 1950 i.h.Do the rules and regulations of the association 1951 applicable to the unit require approval by the board of 1952 directors of the association for the transfer of the unit? 1953 ....(Yes) ....(No). If yes, has the board approved the transfer 1954 of the unit? ....(Yes) ....(No). 1955 j.i.Is there a right of first refusal provided to the 1956 members or the association? ....(Yes) ....(No). If yes, have the 1957 members or the association exercised that right of first 1958 refusal? ....(Yes) ....(No). 1959 k.j.Provide a list of, and contact information for, all 1960 other associations of which the unit is a member. 1961 l.k.Provide contact information for all insurance 1962 maintained by the association. 1963 m.l.Provide the signature of an officer or authorized 1964 agent of the association. 1965 1966 The association, at its option, may include additional 1967 information in the estoppel certificate. 1968 Section 12. Paragraph (a) of subsection (4) of section 1969 718.121, Florida Statutes, is amended to read: 1970 718.121 Liens.— 1971 (4)(a) If an association sends out an invoice for 1972 assessments or a unit’s statement of the account described in s. 1973 718.111(12)(a)11.c.s. 718.111(12)(a)11.b., the invoice for 1974 assessments or the unit’s statement of account must be delivered 1975 to the unit owner by first-class United States mail or by 1976 electronic transmission to the unit owner’s e-mail address 1977 maintained in the association’s official records. 1978 Section 13. Section 718.1224, Florida Statutes, is amended 1979 to read: 1980 718.1224 Prohibition against SLAPP suits; other prohibited 1981 actions.— 1982 (1) It is the intent of the Legislature to protect the 1983 right of condominium unit owners to exercise their rights to 1984 instruct their representatives and petition for redress of 1985 grievances before their condominium association and the various 1986 governmental entities of this state as protected by the First 1987 Amendment to the United States Constitution and s. 5, Art. I of 1988 the State Constitution. The Legislature recognizes that 1989 strategic lawsuits against public participation, or “SLAPP 1990 suits,” as they are typically referred to, have occurred when 1991 association members are sued by condominium associations, 1992 individuals, business entities, or governmental entities arising 1993 out of a condominium unit owner’s appearance and presentation 1994 before the board of the condominium association or a 1995 governmental entity on matters related to the condominium 1996 association. However, it is the public policy of this state that 1997 condominium associations, governmental entities, business 1998 organizations, and individuals not engage in SLAPP suits, 1999 because such actions are inconsistent with the right of 2000 condominium unit owners to participate in their condominium 2001 association and in the state’s institutions of government. 2002 Therefore, the Legislature finds and declares that prohibiting 2003 such lawsuits by condominium associations, governmental 2004 entities, business entities, and individuals against condominium 2005 unit owners who address matters concerning their condominium 2006 association will preserve this fundamental state policy, 2007 preserve the constitutional rights of condominium unit owners, 2008andensure the continuation of representative government in this 2009 state, and ensure unit owner participation in condominium 2010 associations. It is the intent of the Legislature that such 2011 lawsuits be expeditiously disposed of by the courts. As used in 2012 this subsection, the term “governmental entity” means the state, 2013 including the executive, legislative, and judicial branches of 2014 government; law enforcement agencies; the independent 2015 establishments of the state, counties, municipalities, 2016 districts, authorities, boards, or commissions; or any agencies 2017 of these branches that are subject to chapter 286. 2018 (2) A condominium association, governmental entity, 2019 business organization, or individual in this state may not file 2020 or cause to be filed through its employees or agents any 2021 lawsuit, cause of action, claim, cross-claim, or counterclaim 2022 against a condominium unit owner without merit and solely 2023 because such condominium unit owner has exercised the right to 2024 instruct his or her representatives or the right to petition for 2025 redress of grievances before the condominium association or the 2026 various governmental entities of this state, as protected by the 2027 First Amendment to the United States Constitution and s. 5, Art. 2028 I of the State Constitution. 2029 (3) A condominium association may not fine, 2030 discriminatorily increase a unit owner’s assessments or 2031 discriminatorily decrease services to a unit owner, or bring or 2032 threaten to bring an action for possession or other civil 2033 action, including a defamation, libel, slander, or tortious 2034 interference action, based on conduct described in paragraphs 2035 (a) through (f). In order for the unit owner to raise the 2036 defense of retaliatory conduct, the unit owner must have acted 2037 in good faith and not for any improper purposes, such as to 2038 harass or to cause unnecessary delay or for frivolous purpose or 2039 needless increase in the cost of litigation. Examples of conduct 2040 for which a condominium association, officer, director, or agent 2041 of an association may not retaliate include, but are not limited 2042 to, situations where: 2043 (a) The unit owner has in good faith complained to a 2044 governmental agency charged with responsibility for enforcement 2045 of a building, housing, or health code of a suspected violation 2046 applicable to the condominium; 2047 (b) The unit owner has organized, encouraged, or 2048 participated in a unit owners’ organization; 2049 (c) The unit owner submitted information or filed a 2050 complaint alleging criminal violations or violations of this 2051 chapter or the rules of the division with the division, the 2052 Office of the Condominium Ombudsman, a law enforcement agency, a 2053 state attorney, the Attorney General, or any other governmental 2054 agency; 2055 (d) The unit owner has exercised his or her rights under 2056 this chapter; 2057 (e) The unit owner has complained to the association or any 2058 of its representatives for their failure to comply with this 2059 chapter or chapter 617; or 2060 (f) The unit owner has made public statements critical of 2061 the operation or management of the association. 2062 (4) Evidence of retaliatory conduct may be raised by the 2063 unit owner as a defense in any action brought against him or her 2064 for possession. 2065 (5) A condominium unit owner sued by a condominium 2066 association, governmental entity, business organization, or 2067 individual in violation of this section has a right to an 2068 expeditious resolution of a claim that the suit is in violation 2069 of this section. A condominium unit owner may petition the court 2070 for an order dismissing the action or granting final judgment in 2071 favor of that condominium unit owner. The petitioner may file a 2072 motion for summary judgment, together with supplemental 2073 affidavits, seeking a determination that the condominium 2074 association’s, governmental entity’s, business organization’s, 2075 or individual’s lawsuit has been brought in violation of this 2076 section. The condominium association, governmental entity, 2077 business organization, or individual shall thereafter file its 2078 response and any supplemental affidavits. As soon as 2079 practicable, the court shall set a hearing on the petitioner’s 2080 motion, which shall be held at the earliest possible time after 2081 the filing of the condominium association’s, governmental 2082 entity’s, business organization’s, or individual’s response. The 2083 court may award the condominium unit owner sued by the 2084 condominium association, governmental entity, business 2085 organization, or individual actual damages arising from the 2086 condominium association’s, governmental entity’s, individual’s, 2087 or business organization’s violation of this section. A court 2088 may treble the damages awarded to a prevailing condominium unit 2089 owner and shall state the basis for the treble damages award in 2090 its judgment. The court shall award the prevailing party 2091 reasonable attorney’s fees and costs incurred in connection with 2092 a claim that an action was filed in violation of this section. 2093 (6)(4)Condominium associations may not expend association 2094 funds in prosecuting a SLAPP suit against a condominium unit 2095 owner. 2096 (7) Condominium associations may not expend association 2097 funds in support of a defamation, libel, slander, or tortious 2098 interference action against a unit owner or any other claim 2099 against a unit owner based on conduct described in paragraphs 2100 (3)(a)-(f). 2101 Section 14. Paragraph (p) of subsection (4) of section 2102 718.301, Florida Statutes, is amended to read: 2103 718.301 Transfer of association control; claims of defect 2104 by association.— 2105 (4) At the time that unit owners other than the developer 2106 elect a majority of the members of the board of administration 2107 of an association, the developer shall relinquish control of the 2108 association, and the unit owners shall accept control. 2109 Simultaneously, or for the purposes of paragraph (c) not more 2110 than 90 days thereafter, the developer shall deliver to the 2111 association, at the developer’s expense, all property of the 2112 unit owners and of the association which is held or controlled 2113 by the developer, including, but not limited to, the following 2114 items, if applicable, as to each condominium operated by the 2115 association: 2116 (p) Notwithstanding when the certificate of occupancy was 2117 issued or the height of the building, a turnover inspection 2118 report included in the official records, under seal of an 2119 architect or engineer authorized to practice in this state or a 2120 person certified as a reserve specialist or professional reserve 2121 analyst by the Community Associations Institute or the 2122 Association of Professional Reserve Analysts, and consisting of 2123 a structural integrity reserve study attesting to required 2124 maintenance, condition, useful life, and replacement costs of 2125 the following applicable condominium property: 2126 1. Roof. 2127 2. Structure, including load-bearing walls and primary 2128 structural members and primary structural systems as those terms 2129 are defined in s. 627.706. 2130 3. Fireproofing and fire protection systems. 2131 4. Plumbing. 2132 5. Electrical systems. 2133 6. Waterproofing and exterior painting. 2134 7. Windows and exterior doors. 2135 Section 15. Paragraph (a) of subsection (2) of section 2136 718.3026, Florida Statutes, is amended to read: 2137 718.3026 Contracts for products and services; in writing; 2138 bids; exceptions.—Associations with 10 or fewer units may opt 2139 out of the provisions of this section if two-thirds of the unit 2140 owners vote to do so, which opt-out may be accomplished by a 2141 proxy specifically setting forth the exception from this 2142 section. 2143 (2)(a) Notwithstanding the foregoing, contracts with 2144 employees of the association, and contracts for attorney, 2145 accountant, architect, community association manager, timeshare 2146 management firm, engineering, registered investment adviser, and 2147 landscape architect services are not subject to the provisions 2148 of this section. 2149 Section 16. Subsections (4) and (5) of section 718.3027, 2150 Florida Statutes, are amended to read: 2151 718.3027 Conflicts of interest.— 2152 (4) A director or an officer, or a relative of a director 2153 or an officer, who is a party to, or has an interest in, an 2154 activity that is a possible conflict of interest, as described 2155 in subsection (1), may attend the meeting at which the activity 2156 is considered by the board and is authorized to make a 2157 presentation to the board regarding the activity. After the 2158 presentation, the director or officer, and anyor therelative 2159 of the director or officer, must leave the meeting during the 2160 discussion of, and the vote on, the activity. A director or an 2161 officer who is a party to, or has an interest in, the activity 2162 must recuse himself or herself from the vote. The attendance of 2163 a director with a possible conflict of interest at the meeting 2164 of the board is sufficient to constitute a quorum for the 2165 meeting and the vote in his or her absence on the proposed 2166 activity. 2167 (5) A contract entered into between a director or an 2168 officer, or a relative of a director or an officer, and the 2169 association, which is not a timeshare condominium association, 2170 that has not been properly disclosed as a conflict of interest 2171 or potential conflict of interest as required by this section or 2172 s. 617.0832s. 718.111(12)(g)is voidable and terminates upon 2173 the filing of a written notice terminating the contract with the 2174 board of directors which contains the consent of at least 20 2175 percent of the voting interests of the association. 2176 Section 17. Subsection (5) of section 718.303, Florida 2177 Statutes, is amended to read: 2178 718.303 Obligations of owners and occupants; remedies.— 2179 (5) An association may suspend the voting rights of a unit 2180 owner or member due to nonpayment of any fee, fine, or other 2181 monetary obligation due to the association which is more than 2182 $1,000 and more than 90 days delinquent. Proof of such 2183 obligation must be provided to the unit owner or member 30 days 2184 before such suspension takes effect. Notice of such obligation 2185 must also be provided to the unit owner at least 90 days before 2186 an election. A voting interest or consent right allocated to a 2187 unit owner or member which has been suspended by the association 2188 shall be subtracted from the total number of voting interests in 2189 the association, which shall be reduced by the number of 2190 suspended voting interests when calculating the total percentage 2191 or number of all voting interests available to take or approve 2192 any action, and the suspended voting interests shall not be 2193 considered for any purpose, including, but not limited to, the 2194 percentage or number of voting interests necessary to constitute 2195 a quorum, the percentage or number of voting interests required 2196 to conduct an election, or the percentage or number of voting 2197 interests required to approve an action under this chapter or 2198 pursuant to the declaration, articles of incorporation, or 2199 bylaws. The suspension ends upon full payment of all obligations 2200 currently due or overdue the association. The notice and hearing 2201 requirements under subsection (3) do not apply to a suspension 2202 imposed under this subsection. 2203 Section 18. Subsections (1) and (2) of section 718.501, 2204 Florida Statutes, are amended to read: 2205 718.501 Authority, responsibility, and duties of Division 2206 of Florida Condominiums, Timeshares, and Mobile Homes.— 2207 (1) The division may enforce and ensure compliance with 2208 this chapter and rules relating to the development, 2209 construction, sale, lease, ownership, operation, and management 2210 of residential condominium units and complaints related to the 2211 procedural completion of milestone inspections under s. 553.899. 2212 In performing its duties, the division has complete jurisdiction 2213 to investigate complaints and enforce compliance with respect to 2214 associations that are still under developer control or the 2215 control of a bulk assignee or bulk buyer pursuant to part VII of 2216 this chapter and complaints against developers, bulk assignees, 2217 or bulk buyers involving improper turnover or failure to 2218 turnover, pursuant to s. 718.301.However, after turnover has2219occurred, the division has jurisdiction to investigate2220complaints related only to financial issues, elections, and the2221maintenance of and unit owner access to association records2222under s. 718.111(12), and the procedural completion of2223structural integrity reserve studies under s. 718.112(2)(g).2224 (a)1. The division may make necessary public or private 2225 investigations within or outside this state to determine whether 2226 any person has violated this chapter or any rule or order 2227 hereunder, to aid in the enforcement of this chapter, or to aid 2228 in the adoption of rules or forms. 2229 2. The division may submit any official written report, 2230 worksheet, or other related paper, or a duly certified copy 2231 thereof, compiled, prepared, drafted, or otherwise made by and 2232 duly authenticated by a financial examiner or analyst to be 2233 admitted as competent evidence in any hearing in which the 2234 financial examiner or analyst is available for cross-examination 2235 and attests under oath that such documents were prepared as a 2236 result of an examination or inspection conducted pursuant to 2237 this chapter. 2238 (b) The division may require or permit any person to file a 2239 statement in writing, under oath or otherwise, as the division 2240 determines, as to the facts and circumstances concerning a 2241 matter to be investigated. 2242 (c) For the purpose of any investigation under this 2243 chapter, the division director or any officer or employee 2244 designated by the division director may administer oaths or 2245 affirmations, subpoena witnesses and compel their attendance, 2246 take evidence, and require the production of any matter which is 2247 relevant to the investigation, including the existence, 2248 description, nature, custody, condition, and location of any 2249 books, documents, or other tangible things and the identity and 2250 location of persons having knowledge of relevant facts or any 2251 other matter reasonably calculated to lead to the discovery of 2252 material evidence. Upon the failure by a person to obey a 2253 subpoena or to answer questions propounded by the investigating 2254 officer and upon reasonable notice to all affected persons, the 2255 division may apply to the circuit court for an order compelling 2256 compliance. 2257 (d) Notwithstanding any remedies available to unit owners 2258 and associations, if the division has reasonable cause to 2259 believe that a violation of any provision of this chapter or 2260 related rule has occurred, the division may institute 2261 enforcement proceedings in its own name against any developer, 2262 bulk assignee, bulk buyer, association, officer, or member of 2263 the board of administration, or its assignees or agents, as 2264 follows: 2265 1. The division may permit a person whose conduct or 2266 actions may be under investigation to waive formal proceedings 2267 and enter into a consent proceeding whereby orders, rules, or 2268 letters of censure or warning, whether formal or informal, may 2269 be entered against the person. 2270 2. The division may issue an order requiring the developer, 2271 bulk assignee, bulk buyer, association, developer-designated 2272 officer, or developer-designated member of the board of 2273 administration, developer-designated assignees or agents, bulk 2274 assignee-designated assignees or agents, bulk buyer-designated 2275 assignees or agents, community association manager, or community 2276 association management firm to cease and desist from the 2277 unlawful practice and take such affirmative action as in the 2278 judgment of the division carry out the purposes of this chapter. 2279 If the division finds that a developer, bulk assignee, bulk 2280 buyer, association, officer, or member of the board of 2281 administration, or its assignees or agents, is violating or is 2282 about to violate any provision of this chapter, any rule adopted 2283 or order issued by the division, or any written agreement 2284 entered into with the division, and presents an immediate danger 2285 to the public requiring an immediate final order, it may issue 2286 an emergency cease and desist order reciting with particularity 2287 the facts underlying such findings. The emergency cease and 2288 desist order is effective for 90 days. If the division begins 2289 nonemergency cease and desist proceedings, the emergency cease 2290 and desist order remains effective until the conclusion of the 2291 proceedings under ss. 120.569 and 120.57. 2292 3. If a developer, bulk assignee, or bulk buyer fails to 2293 pay any restitution determined by the division to be owed, plus 2294 any accrued interest at the highest rate permitted by law, 2295 within 30 days after expiration of any appellate time period of 2296 a final order requiring payment of restitution or the conclusion 2297 of any appeal thereof, whichever is later, the division must 2298 bring an action in circuit or county court on behalf of any 2299 association, class of unit owners, lessees, or purchasers for 2300 restitution, declaratory relief, injunctive relief, or any other 2301 available remedy. The division may also temporarily revoke its 2302 acceptance of the filing for the developer to which the 2303 restitution relates until payment of restitution is made. 2304 4. The division may petition the court for appointment of a 2305 receiver or conservator. If appointed, the receiver or 2306 conservator may take action to implement the court order to 2307 ensure the performance of the order and to remedy any breach 2308 thereof. In addition to all other means provided by law for the 2309 enforcement of an injunction or temporary restraining order, the 2310 circuit court may impound or sequester the property of a party 2311 defendant, including books, papers, documents, and related 2312 records, and allow the examination and use of the property by 2313 the division and a court-appointed receiver or conservator. 2314 5. The division may apply to the circuit court for an order 2315 of restitution whereby the defendant in an action brought under 2316 subparagraph 4. is ordered to make restitution of those sums 2317 shown by the division to have been obtained by the defendant in 2318 violation of this chapter. At the option of the court, such 2319 restitution is payable to the conservator or receiver appointed 2320 under subparagraph 4. or directly to the persons whose funds or 2321 assets were obtained in violation of this chapter. 2322 6. The division may impose a civil penalty against a 2323 developer, bulk assignee, or bulk buyer, or association, or its 2324 assignee or agent, for any violation of this chapter, or related 2325 rule, or chapter 617. The division may impose a civil penalty 2326 individually against an officer or board member who willfully 2327 and knowingly violates this chapter, an adopted rule, or a final 2328 order of the division; may order the removal of such individual 2329 as an officer or from the board of administration or as an 2330 officer of the association; and may prohibit such individual 2331 from serving as an officer or on the board of a community 2332 association for a period of time. The term “willfully and 2333 knowingly” means that the division informed the officer or board 2334 member that his or her action or intended action violates this 2335 chapter, a rule adopted under this chapter, or a final order of 2336 the division and that the officer or board member refused to 2337 comply with the requirements of this chapter, a rule adopted 2338 under this chapter, or a final order of the division. The 2339 division, before initiating formal agency action under chapter 2340 120, must afford the officer or board member an opportunity to 2341 voluntarily comply, and an officer or board member who complies 2342 within 10 days is not subject to a civil penalty. A penalty may 2343 be imposed on the basis of each day of continuing violation, but 2344 the penalty for any offense may not exceed $5,000. The division 2345 shall adopt, by rule, penalty guidelines applicable to possible 2346 violations or to categories of violations of this chapter or 2347 rules adopted by the division. The guidelines must specify a 2348 meaningful range of civil penalties for each such violation of 2349 the statute and rules and must be based upon the harm caused by 2350 the violation, upon the repetition of the violation, and upon 2351 such other factors deemed relevant by the division. For example, 2352 the division may consider whether the violations were committed 2353 by a developer, bulk assignee, or bulk buyer, or owner 2354 controlled association, the size of the association, and other 2355 factors. The guidelines must designate the possible mitigating 2356 or aggravating circumstances that justify a departure from the 2357 range of penalties provided by the rules. It is the legislative 2358 intent that minor violations be distinguished from those which 2359 endanger the health, safety, or welfare of the condominium 2360 residents or other persons and that such guidelines provide 2361 reasonable and meaningful notice to the public of likely 2362 penalties that may be imposed for proscribed conduct. This 2363 subsection does not limit the ability of the division to 2364 informally dispose of administrative actions or complaints by 2365 stipulation, agreed settlement, or consent order. All amounts 2366 collected shall be deposited with the Chief Financial Officer to 2367 the credit of the Division of Florida Condominiums, Timeshares, 2368 and Mobile Homes Trust Fund. If a developer, bulk assignee, or 2369 bulk buyer fails to pay the civil penalty and the amount deemed 2370 to be owed to the association, the division shall issue an order 2371 directing that such developer, bulk assignee, or bulk buyer 2372 cease and desist from further operation until such time as the 2373 civil penalty is paid or may pursue enforcement of the penalty 2374 in a court of competent jurisdiction. If an association fails to 2375 pay the civil penalty, the division shall pursue enforcement in 2376 a court of competent jurisdiction, and the order imposing the 2377 civil penalty or the cease and desist order is not effective 2378 until 20 days after the date of such order. Any action commenced 2379 by the division shall be brought in the county in which the 2380 division has its executive offices or in the county where the 2381 violation occurred. 2382 7. If a unit owner presents the division with proof that 2383 the unit owner has requested access to official records in 2384 writing by certified mail, and that after 10 days the unit owner 2385 again made the same request for access to official records in 2386 writing by certified mail, and that more than 10 days has 2387 elapsed since the second request and the association has still 2388 failed or refused to provide access to official records as 2389 required by this chapter, the division shall issue a subpoena 2390 requiring production of the requested records where the records 2391 are kept pursuant to s. 718.112. Upon receipt of the records, 2392 the division must provide without charge the produced official 2393 records to the unit owner who was denied access to such records. 2394 8. In addition to subparagraph 6., the division may seek 2395 the imposition of a civil penalty through the circuit court for 2396 any violation for which the division may issue a notice to show 2397 cause under paragraph (s)(r). The civil penalty shall be at 2398 least $500 but no more than $5,000 for each violation. The court 2399 may also award to the prevailing party court costs and 2400 reasonable attorney fees and, if the division prevails, may also 2401 award reasonable costs of investigation. 2402 (e) The division may prepare and disseminate a prospectus 2403 and other information to assist prospective owners, purchasers, 2404 lessees, and developers of residential condominiums in assessing 2405 the rights, privileges, and duties pertaining thereto. 2406 (f) The division may adopt rules to administer and enforce 2407 this chapter. 2408 (g) The division shall establish procedures for providing 2409 notice to an association and the developer, bulk assignee, or 2410 bulk buyer during the period in which the developer, bulk 2411 assignee, or bulk buyer controls the association if the division 2412 is considering the issuance of a declaratory statement with 2413 respect to the declaration of condominium or any related 2414 document governing such condominium community. 2415 (h) The division shall furnish each association that pays 2416 the fees required by paragraph (2)(a) a copy of this chapter, as 2417 amended, and the rules adopted thereto on an annual basis. 2418 (i) The division shall annually provide each association 2419 with a summary of declaratory statements and formal legal 2420 opinions relating to the operations of condominiums which were 2421 rendered by the division during the previous year. 2422 (j) The division shall provide training and educational 2423 programs for condominium association board members and unit 2424 owners. The training may, in the division’s discretion, include 2425 web-based electronic media and live training and seminars in 2426 various locations throughout the state. The division may review 2427 and approve education and training programs for board members 2428 and unit owners offered by providers and shall maintain a 2429 current list of approved programs and providers and make such 2430 list available to board members and unit owners in a reasonable 2431 and cost-effective manner. The division shall provide the 2432 educational curriculum required under s. 718.112(2)(d) and issue 2433 a certificate of satisfactory completion to directors of the 2434 board of administration at no charge, including when the 2435 required educational curriculum is provided by a division 2436 approved condominium education provider. 2437 (k) The division shall maintain a toll-free telephone 2438 number accessible to condominium unit owners. 2439 (l) The division shall develop a program to certify both 2440 volunteer and paid mediators to provide mediation of condominium 2441 disputes. The division shall provide, upon request, a list of 2442 such mediators to any association, unit owner, or other 2443 participant in alternative dispute resolution proceedings under 2444 s. 718.1255 requesting a copy of the list. The division shall 2445 include on the list of volunteer mediators only the names of 2446 persons who have received at least 20 hours of training in 2447 mediation techniques or who have mediated at least 20 disputes. 2448 In order to become initially certified by the division, paid 2449 mediators must be certified by the Supreme Court to mediate 2450 court cases in county or circuit courts. However, the division 2451 may adopt, by rule, additional factors for the certification of 2452 paid mediators, which must be related to experience, education, 2453 or background. Any person initially certified as a paid mediator 2454 by the division must, in order to continue to be certified, 2455 comply with the factors or requirements adopted by rule. 2456 (m) If a complaint is made, the division must conduct its 2457 inquiry with due regard for the interests of the affected 2458 parties. Within 30 days after receipt of a complaint, the 2459 division shall acknowledge the complaint in writing and notify 2460 the complainant whether the complaint is within the jurisdiction 2461 of the division and whether additional information is needed by 2462 the division from the complainant. The division shall conduct 2463 its investigation and, within 90 days after receipt of the 2464 original complaint or of timely requested additional 2465 information, take action upon the complaint. However, the 2466 failure to complete the investigation within 90 days does not 2467 prevent the division from continuing the investigation, 2468 accepting or considering evidence obtained or received after 90 2469 days, or taking administrative action if reasonable cause exists 2470 to believe that a violation of this chapter or a rule has 2471 occurred. If an investigation is not completed within the time 2472 limits established in this paragraph, the division shall, on a 2473 monthly basis, notify the complainant in writing of the status 2474 of the investigation. When reporting its action to the 2475 complainant, the division shall inform the complainant of any 2476 right to a hearing under ss. 120.569 and 120.57. The division 2477 may adopt rules regarding the submission of a complaint against 2478 an association. 2479 (n) Condominium association directors, officers, and 2480 employees; condominium developers; bulk assignees, bulk buyers, 2481 and community association managers; and community association 2482 management firms have an ongoing duty to reasonably cooperate 2483 with the division in any investigation under this section. The 2484 division shall refer to local law enforcement authorities any 2485 person whom the division believes has altered, destroyed, 2486 concealed, or removed any record, document, or thing required to 2487 be kept or maintained by this chapter with the purpose to impair 2488 its verity or availability in the department’s investigation. 2489 The division shall refer to local law enforcement authorities 2490 any person whom the division believes has engaged in fraud, 2491 theft, embezzlement, or other criminal activity or when the 2492 division has cause to believe that fraud, theft, embezzlement, 2493 or other criminal activity has occurred. 2494 (o) The division director or any officer or employee of the 2495 division, and the condominium ombudsman or employee of the 2496 Office of the Condominium Ombudsman may attend and observe any 2497 meeting of the board of administration or unit owner meeting, 2498 including any meeting of a subcommittee or special committee, 2499 that is open to members of the association for the purpose of 2500 performing the duties of the division or the Office of the 2501 Condominium Ombudsman under this chapter. 2502 (p) The division may: 2503 1. Contract with agencies in this state or other 2504 jurisdictions to perform investigative functions; or 2505 2. Accept grants-in-aid from any source. 2506 (q)(p)The division shall cooperate with similar agencies 2507 in other jurisdictions to establish uniform filing procedures 2508 and forms, public offering statements, advertising standards, 2509 and rules and common administrative practices. 2510 (r)(q)The division shall consider notice to a developer, 2511 bulk assignee, or bulk buyer to be complete when it is delivered 2512 to the address of the developer, bulk assignee, or bulk buyer 2513 currently on file with the division. 2514 (s)(r)In addition to its enforcement authority, the 2515 division may issue a notice to show cause, which must provide 2516 for a hearing, upon written request, in accordance with chapter 2517 120. 2518 (t) The division shall routinely conduct random audits of 2519 condominium associations to determine compliance with the 2520 website or application requirements for official records under 2521 s. 718.111(12)(g). 2522 (u)(s)The division shall submit to the Governor, the 2523 President of the Senate, the Speaker of the House of 2524 Representatives, and the chairs of the legislative 2525 appropriations committees an annual report that includes, but 2526 need not be limited to, the number of training programs provided 2527 for condominium association board members and unit owners, the 2528 number of complaints received by type, the number and percent of 2529 complaints acknowledged in writing within 30 days and the number 2530 and percent of investigations acted upon within 90 days in 2531 accordance with paragraph (m), and the number of investigations 2532 exceeding the 90-day requirement. The annual report must also 2533 include an evaluation of the division’s core business processes 2534 and make recommendations for improvements, including statutory 2535 changes. The report shall be submitted by September 30 following 2536 the end of the fiscal year. 2537 (2)(a) Each condominium association which operates more 2538 than two units shall pay to the division an annual fee in the 2539 amount of $4 for each residential unit in condominiums operated 2540 by the association. The annual fee shall be filed together with 2541 the annual certification described in paragraph (c). If the fee 2542 is not paid by March 1, the association shall be assessed a 2543 penalty of 10 percent of the amount due, and the association 2544 will not have standing to maintain or defend any action in the 2545 courts of this state until the amount due, plus any penalty, is 2546 paid. 2547 (b) All fees shall be deposited in the Division of Florida 2548 Condominiums, Timeshares, and Mobile Homes Trust Fund as 2549 provided by law. 2550 (c) On the certification form provided by the division, the 2551 directors of the association shall certify that all directors of 2552 the association have completed the written certification and 2553 educational certificate requirements in s. 718.112(2)(d)4.b. 2554 Section 19. Subsection (1) of section 718.618, Florida 2555 Statutes, is amended to read: 2556 718.618 Converter reserve accounts; warranties.— 2557 (1) When existing improvements are converted to ownership 2558 as a residential condominium, the developer shall establish 2559 converter reserve accounts for capital expenditures and planned 2560deferredmaintenance, or give warranties as provided by 2561 subsection (6), or post a surety bond as provided by subsection 2562 (7). The developer shall fund the converter reserve accounts in 2563 amounts calculated as follows: 2564 (a)1. When the existing improvements include an air 2565 conditioning system serving more than one unit or property which 2566 the association is responsible to repair, maintain, or replace, 2567 the developer shall fund an air-conditioning reserve account. 2568 The amount of the reserve account shall be the product of the 2569 estimated current replacement cost of the system, as disclosed 2570 and substantiated pursuant to s. 718.616(3)(b), multiplied by a 2571 fraction, the numerator of which shall be the lesser of the age 2572 of the system in years or 9, and the denominator of which shall 2573 be 10. When such air-conditioning system is within 1,000 yards 2574 of the seacoast, the numerator shall be the lesser of the age of 2575 the system in years or 3, and the denominator shall be 4. 2576 2. The developer shall fund a plumbing reserve account. The 2577 amount of the funding shall be the product of the estimated 2578 current replacement cost of the plumbing component, as disclosed 2579 and substantiated pursuant to s. 718.616(3)(b), multiplied by a 2580 fraction, the numerator of which shall be the lesser of the age 2581 of the plumbing in years or 36, and the denominator of which 2582 shall be 40. 2583 3. The developer shall fund a roof reserve account. The 2584 amount of the funding shall be the product of the estimated 2585 current replacement cost of the roofing component, as disclosed 2586 and substantiated pursuant to s. 718.616(3)(b), multiplied by a 2587 fraction, the numerator of which shall be the lesser of the age 2588 of the roof in years or the numerator listed in the following 2589 table. The denominator of the fraction shall be determined based 2590 on the roof type, as follows: 2591 2592 Roof Type Numerator Denominator 2593 a. Built-up roof without insulation 4 5 2594 b. Built-up roof with insulation 4 5 2595 c. Cement tile roof 45 50 2596 d. Asphalt shingle roof 14 15 2597 e. Copper roof 2598 f. Wood shingle roof 9 10 2599 g. All other types 18 20 2600 2601 (b) The age of any component or structure for which the 2602 developer is required to fund a reserve account shall be 2603 measured in years, rounded to the nearest whole year. The amount 2604 of converter reserves to be funded by the developer for each 2605 structure or component shall be based on the age of the 2606 structure or component as disclosed in the inspection report. 2607 The architect or engineer shall determine the age of the 2608 component from the later of: 2609 1. The date when the component or structure was replaced or 2610 substantially renewed, if the replacement or renewal of the 2611 component at least met the requirements of the then-applicable 2612 building code; or 2613 2. The date when the installation or construction of the 2614 existing component or structure was completed. 2615 (c) When the age of a component or structure is to be 2616 measured from the date of replacement or renewal, the developer 2617 shall provide the division with a certificate, under the seal of 2618 an architect or engineer authorized to practice in this state, 2619 verifying: 2620 1. The date of the replacement or renewal; and 2621 2. That the replacement or renewal at least met the 2622 requirements of the then-applicable building code. 2623 (d) In addition to establishing the reserve accounts 2624 specified above, the developer shall establish those other 2625 reserve accounts required by s. 718.112(2)(f), and shall fund 2626 those accounts in accordance with the formula provided therein. 2627 The vote to waive or reduce the funding or reserves required by 2628 s. 718.112(2)(f) does not affect or negate the obligations 2629 arising under this section. 2630 Section 20. Paragraphs (j) and (k) of subsection (1) of 2631 section 719.106, Florida Statutes, are amended to read: 2632 719.106 Bylaws; cooperative ownership.— 2633 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative 2634 documents shall provide for the following, and if they do not, 2635 they shall be deemed to include the following: 2636 (j) Annual budget.— 2637 1. The proposed annual budget of common expenses must be 2638 detailed and must show the amounts budgeted by accounts and 2639 expense classifications, including, if applicable, but not 2640 limited to, those expenses listed in s. 719.504(20). The board 2641 of administration shall adopt the annual budget at least 14 days 2642 before the start of the association’s fiscal year. In the event 2643 that the board fails to timely adopt the annual budget a second 2644 time, it is deemed a minor violation and the prior year’s budget 2645 shall continue in effect until a new budget is adopted. 2646 2. In addition to annual operating expenses, the budget 2647 must include reserve accounts for capital expenditures and 2648 planneddeferredmaintenance. These accounts must include, but 2649 not be limited to, roof replacement, building painting, and 2650 pavement resurfacing, regardless of the amount of planned 2651deferredmaintenance expense or replacement cost, and for any 2652 other items for which the planneddeferredmaintenance expense 2653 or replacement cost exceeds $10,000. The amount to be reserved 2654 must be computed by means of a formula which is based upon 2655 estimated remaining useful life and estimated replacement cost 2656 or planneddeferredmaintenance expense of the reserve item. In 2657 a budget adopted by an association that is required to obtain a 2658 structural integrity reserve study, reserves must be maintained 2659 for the items identified in paragraph (k) for which the 2660 association is responsible pursuant to the declaration, and the 2661 reserve amount for such items must be based on the findings and 2662 recommendations of the association’s most recent structural 2663 integrity reserve study. With respect to items for which an 2664 estimate of useful life is not readily ascertainable or with an 2665 estimated remaining useful life of greater than 25 years, an 2666 association is not required to reserve replacement costs for 2667 such items, but an association must reserve the amount of 2668 planneddeferredmaintenance expense, if any, which is 2669 recommended by the structural integrity reserve study for such 2670 items. The association may adjust replacement reserve 2671 assessments annually to take into account an inflation 2672 adjustment and any changes in estimates or extension of the 2673 useful life of a reserve item caused by planneddeferred2674 maintenance. The members of a unit-owner-controlled association 2675 may determine, by a majority vote of the total voting interests 2676 of the association, for a fiscal year to provide no reserves or 2677 reserves less adequate than required by this subsection. Before 2678 turnover of control of an association by a developer to unit 2679 owners other than a developer under s. 719.301, the developer 2680 controlled association may not vote to waive the reserves or 2681 reduce funding of the reserves. For a budget adopted on or after 2682 December 31, 2024, a unit-owner-controlled association that must 2683 obtain a structural integrity reserve study may not determine to 2684 provide no reserves or reserves less adequate than required by 2685 this paragraph for items listed in paragraph (k). If a meeting 2686 of the unit owners has been called to determine to provide no 2687 reserves, or reserves less adequate than required, and such 2688 result is not attained or a quorum is not attained, the reserves 2689 as included in the budget shall go into effect. 2690 3. Reserve funds and any interest accruing thereon shall 2691 remain in the reserve account or accounts, and shall be used 2692 only for authorized reserve expenditures unless their use for 2693 other purposes is approved in advance by a vote of the majority 2694 of the total voting interests of the association. Before 2695 turnover of control of an association by a developer to unit 2696 owners other than the developer under s. 719.301, the developer 2697 may not vote to use reserves for purposes other than that for 2698 which they were intended. For a budget adopted on or after 2699 December 31, 2024, members of a unit-owner-controlled 2700 association that must obtain a structural integrity reserve 2701 study may not vote to use reserve funds, or any interest 2702 accruing thereon, for purposes other than the replacement or 2703 planneddeferredmaintenance costs of the components listed in 2704 paragraph (k). 2705 (k) Structural integrity reserve study.— 2706 1. A residential cooperative association must have a 2707 structural integrity reserve study completed at least every 10 2708 years for each building on the cooperative property that is 2709 three stories or higher in height, as determined by the Florida 2710 Building Code, that includes, at a minimum, a study of the 2711 following items as related to the structural integrity and 2712 safety of the building: 2713 a. Roof. 2714 b. Structure, including load-bearing walls and other 2715 primary structural members and primary structural systems as 2716 those terms are defined in s. 627.706. 2717 c. Fireproofing and fire protection systems. 2718 d. Plumbing. 2719 e. Electrical systems. 2720 f. Waterproofing and exterior painting. 2721 g. Windows and exterior doors. 2722 h. Any other item that has a planneddeferredmaintenance 2723 expense or replacement cost that exceeds $10,000 and the failure 2724 to replace or maintain such item negatively affects the items 2725 listed in sub-subparagraphs a.-g., as determined by the visual 2726 inspection portion of the structural integrity reserve study. 2727 2. A structural integrity reserve study is based on a 2728 visual inspection of the cooperative property. A structural 2729 integrity reserve study may be performed by any person qualified 2730 to perform such study. However, the visual inspection portion of 2731 the structural integrity reserve study must be performed or 2732 verified by an engineer licensed under chapter 471, an architect 2733 licensed under chapter 481, or a person certified as a reserve 2734 specialist or professional reserve analyst by the Community 2735 Associations Institute or the Association of Professional 2736 Reserve Analysts. 2737 3. At a minimum, a structural integrity reserve study must 2738 identify each item of the cooperative property being visually 2739 inspected, state the estimated remaining useful life and the 2740 estimated replacement cost or planneddeferredmaintenance 2741 expense of each item of the cooperative property being visually 2742 inspected, and provide a reserve funding schedule with a 2743 recommended annual reserve amount that achieves the estimated 2744 replacement cost or planneddeferredmaintenance expense of each 2745 item of cooperative property being visually inspected by the end 2746 of the estimated remaining useful life of the item. The 2747 structural integrity reserve study may recommend that reserves 2748 do not need to be maintained for any item for which an estimate 2749 of useful life and an estimate of replacement cost cannot be 2750 determined, or the study may recommend a planneddeferred2751 maintenance expense amount for such item. The structural 2752 integrity reserve study may recommend that reserves for 2753 replacement costs do not need to be maintained for any item with 2754 an estimated remaining useful life of greater than 25 years, but 2755 the study may recommend a planneddeferredmaintenance expense 2756 amount for such item. 2757 4. This paragraph does not apply to buildings less than 2758 three stories in height; single-family, two-family, or three 2759 family dwellings with three or fewer habitable stories above 2760 ground; any portion or component of a building that has not been 2761 submitted to the cooperative form of ownership; or any portion 2762 or component of a building that is maintained by a party other 2763 than the association. 2764 5. Before a developer turns over control of an association 2765 to unit owners other than the developer, the developer must have 2766 a turnover inspection report in compliance with s. 719.301(4)(p) 2767 and (q) for each building on the cooperative property that is 2768 three stories or higher in height. 2769 6. Associations existing on or before July 1, 2022, which 2770 are controlled by unit owners other than the developer, must 2771 have a structural integrity reserve study completed by December 2772 31, 2024, for each building on the cooperative property that is 2773 three stories or higher in height, except that the structural 2774 integrity reserve study may be completed after December 31, 2775 2024, if the association has entered into a contract for the 2776 performance of a structural integrity reserve study and the 2777 study cannot reasonably be performed or completed by December 2778 31, 2024. An association that is required to complete a 2779 milestone inspection on or before December 31, 2026, in 2780 accordance with s. 553.899 may complete the structural integrity 2781 reserve study simultaneously with the milestone inspection. In 2782 no event may the structural integrity reserve study be completed 2783 after December 31, 2026. 2784 7. If the milestone inspection required by s. 553.899, or 2785 an inspection completed for a similar local requirement, was 2786 performed within the past 5 years and meets the requirements of 2787 this paragraph, such inspection may be used in place of the 2788 visual inspection portion of the structural integrity reserve 2789 study. 2790 8. If the officers or directors of an association willfully 2791 and knowingly fail to complete a structural integrity reserve 2792 study pursuant to this paragraph, such failure is a breach of an 2793 officer’s and director’s fiduciary relationship to the unit 2794 owners under s. 719.104(9). 2795 9. Within 45 days after receiving the structural integrity 2796 reserve study, the association must distribute a copy of the 2797 study to each unit owner or deliver to each unit owner a notice 2798 that the completed study is available for inspection and copying 2799 upon a written request. Distribution of a copy of the study or 2800 notice must be made by United States mail or personal delivery 2801 at the mailing address, property address, or any other address 2802 of the owner provided to fulfill the association’s notice 2803 requirements under this chapter, or by electronic transmission 2804 to the e-mail address or facsimile number provided to fulfill 2805 the association’s notice requirements to unit owners who 2806 previously consented to receive notice by electronic 2807 transmission. 2808 Section 21. Paragraph (p) of subsection (4) of section 2809 719.301, Florida Statutes, is amended to read: 2810 719.301 Transfer of association control.— 2811 (4) When unit owners other than the developer elect a 2812 majority of the members of the board of administration of an 2813 association, the developer shall relinquish control of the 2814 association, and the unit owners shall accept control. 2815 Simultaneously, or for the purpose of paragraph (c) not more 2816 than 90 days thereafter, the developer shall deliver to the 2817 association, at the developer’s expense, all property of the 2818 unit owners and of the association held or controlled by the 2819 developer, including, but not limited to, the following items, 2820 if applicable, as to each cooperative operated by the 2821 association: 2822 (p) Notwithstanding when the certificate of occupancy was 2823 issued or the height of the building, a turnover inspection 2824 report included in the official records, under seal of an 2825 architect or engineer authorized to practice in this state or a 2826 person certified as a reserve specialist or professional reserve 2827 analyst by the Community Associations Institute or the 2828 Association of Professional Reserve Analysts, consisting of a 2829 structural integrity reserve study attesting to required 2830 maintenance, condition, useful life, and replacement costs of 2831 the following applicable cooperative property: 2832 1. Roof. 2833 2. Structure, including load-bearing walls and primary 2834 structural members and primary structural systems as those terms 2835 are defined in s. 627.706. 2836 3. Fireproofing and fire protection systems. 2837 4. Plumbing. 2838 5. Electrical systems. 2839 6. Waterproofing and exterior painting. 2840 7. Windows and exterior doors. 2841 Section 22. Subsection (1) of section 719.618, Florida 2842 Statutes, is amended to read: 2843 719.618 Converter reserve accounts; warranties.— 2844 (1) When existing improvements are converted to ownership 2845 as a residential cooperative, the developer shall establish 2846 reserve accounts for capital expenditures and planneddeferred2847 maintenance, or give warranties as provided by subsection (6), 2848 or post a surety bond as provided by subsection (7). The 2849 developer shall fund the reserve accounts in amounts calculated 2850 as follows: 2851 (a)1. When the existing improvements include an air 2852 conditioning system serving more than one unit or property which 2853 the association is responsible to repair, maintain, or replace, 2854 the developer shall fund an air-conditioning reserve account. 2855 The amount of the reserve account shall be the product of the 2856 estimated current replacement cost of the system, as disclosed 2857 and substantiated pursuant to s. 719.616(3)(b), multiplied by a 2858 fraction, the numerator of which shall be the lesser of the age 2859 of the system in years or 9, and the denominator of which shall 2860 be 10. When such air-conditioning system is within 1,000 yards 2861 of the seacoast, the numerator shall be the lesser of the age of 2862 the system in years or 3, and the denominator shall be 4. 2863 2. The developer shall fund a plumbing reserve account. The 2864 amount of the funding shall be the product of the estimated 2865 current replacement cost of the plumbing component, as disclosed 2866 and substantiated pursuant to s. 719.616(3)(b), multiplied by a 2867 fraction, the numerator of which shall be the lesser of the age 2868 of the plumbing in years or 36, and the denominator of which 2869 shall be 40. 2870 3. The developer shall fund a roof reserve account. The 2871 amount of the funding shall be the product of the estimated 2872 current replacement cost of the roofing component, as disclosed 2873 and substantiated pursuant to s. 719.616(3)(b), multiplied by a 2874 fraction, the numerator of which shall be the lesser of the age 2875 of the roof in years or the numerator listed in the following 2876 table. The denominator of the fraction shall be determined based 2877 on the roof type, as follows: 2878 2879 Roof Type Numerator Denominator 2880 a. Built-up roof without insulation 4 5 2881 b. Built-up roof with insulation 4 5 2882 c. Cement tile roof 45 50 2883 d. Asphalt shingle roof 14 15 2884 e. Copper roof 2885 f. Wood shingle roof 9 10 2886 g. All other types 18 20 2887 2888 (b) The age of any component or structure for which the 2889 developer is required to fund a reserve account shall be 2890 measured in years from the later of: 2891 1. The date when the component or structure was replaced or 2892 substantially renewed, if the replacement or renewal of the 2893 component at least met the requirements of the then-applicable 2894 building code; or 2895 2. The date when the installation or construction of the 2896 existing component or structure was completed. 2897 (c) When the age of a component or structure is to be 2898 measured from the date of replacement or renewal, the developer 2899 shall provide the division with a certificate, under the seal of 2900 an architect or engineer authorized to practice in this state, 2901 verifying: 2902 1. The date of the replacement or renewal; and 2903 2. That the replacement or renewal at least met the 2904 requirements of the then-applicable building code. 2905 Section 23. The Division of Florida Condominiums, 2906 Timeshares, and Mobile Homes of the Department of Business and 2907 Professional Regulation shall complete a review of the website 2908 or application requirements for official records under s. 2909 718.111(12)(g), Florida Statutes, and make recommendations 2910 regarding any additional official records of a condominium 2911 association that should be included in the record maintenance 2912 requirement in the statute. The division shall submit the 2913 findings of its review to the Governor, the President of the 2914 Senate, the Speaker of the House of Representatives, and the 2915 chairs of the legislative appropriations committees and 2916 appropriate substantive committees with jurisdiction over 2917 chapter 718, Florida Statutes, by February 1, 2025. 2918 Section 24. Except as otherwise expressly provided in this 2919 act, this act shall take effect July 1, 2024. 2920 2921 ================= T I T L E A M E N D M E N T ================ 2922 And the title is amended as follows: 2923 Delete everything before the enacting clause 2924 and insert: 2925 A bill to be entitled 2926 An act relating to community associations; amending s. 2927 468.4334, F.S.; requiring community associations or 2928 successor community association managers and 2929 management firms to return official records of an 2930 association within a specified period following 2931 termination of a contract; specifying the manner of 2932 delivery for the notice of termination; authorizing 2933 the manager to retain records for a specified purpose 2934 within a specified timeframe; relieving a manager from 2935 responsibility if the association fails to provide 2936 access to the records necessary to complete an ending 2937 financial statement or report; providing a rebuttable 2938 presumption regarding noncompliance; providing 2939 penalties for the failure to timely return official 2940 records; creating s. 468.4335, F.S.; requiring 2941 community association managers and management firms to 2942 provide a written disclosure of certain conflicts of 2943 interest to the association’s board; providing a 2944 rebuttable presumption as to the existence of a 2945 conflict; requiring an association to solicit multiple 2946 competitive bids for goods or services under certain 2947 circumstances; providing requirements for an 2948 association to approve any contract or transaction 2949 deemed a conflict of interest; authorizing that any 2950 such contract may be canceled, subject to certain 2951 requirements; specifying liability and nonliability of 2952 the association upon cancellation of such a contract; 2953 authorizing an association to cancel a contract with a 2954 community association manager or management firm upon 2955 a finding of a violation of certain provisions; 2956 specifying liability and nonliability of the 2957 association upon cancellation of such a contract; 2958 authorizing an association to void certain contracts 2959 if certain conflicts were not disclosed in accordance 2960 with the act; defining the term “relative”; providing 2961 applicability amending s. 468.436, F.S.; revising the 2962 list of grounds for which the Department of Business 2963 and Professional Regulation may take disciplinary 2964 actions against community association managers or 2965 firms to conform to changes made by the act; amending 2966 s. 718.103, F.S.; revising the definition of the term 2967 “alternative funding method” to conform to changes 2968 made by the act; defining the term “hurricane 2969 protection”; amending s. 718.104, F.S.; requiring that 2970 declarations specify the entity responsible for the 2971 installation, maintenance, repair, or replacement of 2972 hurricane protection; amending s. 718.111, F.S.; 2973 providing criminal penalties for any officer, 2974 director, or manager of an association who unlawfully 2975 solicits, offers to accept, or accepts any thing or 2976 service of value or kickback; requiring any officer, 2977 director, or manager of an association be removed from 2978 office for such solicitations or kickbacks; revising 2979 the list of records that constitute the official 2980 records of an association; revising maintenance 2981 requirements for official records; revising 2982 requirements regarding requests to inspect or copy 2983 association records; requiring an association to 2984 provide a checklist in response to certain records 2985 requests; providing a rebuttable presumption regarding 2986 compliance; providing criminal penalties for certain 2987 violations regarding noncompliance with records 2988 requirements; requiring a member of the board or 2989 association be removed from office for noncompliance 2990 with records requirements; requiring the officer be 2991 removed and a vacancy declared; defining the term 2992 “repeatedly”; requiring that copies of certain 2993 building permits be posted on an association’s website 2994 or application; modifying the method of delivery of 2995 certain letters regarding association financial 2996 reports to unit owners; conforming a provision to 2997 changes made by the act; revising circumstances under 2998 which an association may prepare certain reports; 2999 requiring an association to prepare certain financial 3000 statements if it invests funds in a certain manner; 3001 revising applicable law for criminal penalties for 3002 persons who unlawfully use a debit card issued in the 3003 name of an association; defining the term “lawful 3004 obligation of the association”; providing requirements 3005 for associations investing funds in certain investment 3006 products; providing duties of the board and any 3007 investment adviser selected by the board; revising the 3008 threshold for associations that must post certain 3009 documents on its website or through an application; 3010 amending s. 718.112, F.S.; requiring the boards of 3011 administration of associations consisting of more than 3012 a specified number of units to meet a minimum number 3013 of times each quarter; revising requirements regarding 3014 notice of such meetings; requiring a director of a 3015 board of an association to provide a written 3016 certification and complete an educational requirement 3017 upon election or appointment to the board; providing 3018 transitional provisions; requiring that an 3019 association’s budget include reserve amounts for 3020 planned maintenance, in lieu of deferred maintenance; 3021 authorizing the structural integrity reserve study to 3022 temporarily pause or limit reserve funding if certain 3023 conditions exist; providing an exception for certain 3024 associations to complete a structural integrity 3025 reserve study by a certain date; requiring an 3026 association to distribute or deliver copies of a 3027 structural integrity reserve study to unit owners 3028 within a specified timeframe; specifying the manner of 3029 distribution or delivery; authorizing certain boards 3030 to approve contingent special assessments in order to 3031 secure a line of credit under certain circumstances; 3032 specifying requirements and limitations for any line 3033 of credit secured; revising the circumstances under 3034 which a director or an officer must be removed from 3035 office after being charged by information or 3036 indictment; prohibiting such officers and directors 3037 with pending criminal charges from accessing the 3038 official records of any association; providing an 3039 exception; providing criminal penalties for certain 3040 fraudulent voting activities relating to association 3041 elections; requiring any person charged to be removed 3042 from office and a vacancy be declared; amending s. 3043 718.113, F.S.; providing applicability; authorizing, 3044 rather than requiring, certain hurricane protection 3045 specifications; specifying that certain actions are 3046 not material alterations or substantial additions; 3047 authorizing the boards of residential and mixed-use 3048 condominiums to install or require the unit owners to 3049 install hurricane protection; requiring a vote of the 3050 unit owners for the installation of hurricane 3051 protection; requiring that such vote be attested to in 3052 a certificate and recorded in certain public records; 3053 providing requirements for such certificate; providing 3054 that the validity or enforceability of a vote of the 3055 unit owners is not affected if the board fails to 3056 record a certificate or send a copy of the recorded 3057 certificate to the unit owners; providing that a vote 3058 of the unit owners is not required under certain 3059 circumstances; prohibiting installation of the same 3060 type of hurricane protection previously installed; 3061 providing exceptions; prohibiting the boards of 3062 residential and mixed-use condominiums from refusing 3063 to approve certain hurricane protections; authorizing 3064 the board to require owners to adhere to certain 3065 guidelines regarding the external appearance of a 3066 condominium; revising responsibility for the cost of 3067 removal or reinstallation of hurricane protection and 3068 certain exterior windows, doors, or apertures in 3069 certain circumstances; requiring the board to make a 3070 certain determination; providing that costs incurred 3071 by the association in connection with such removal or 3072 installation completed by the association may not be 3073 charged to the unit owner; requiring reimbursement of 3074 the unit owner, or application of a credit toward 3075 future assessments, in certain circumstances; 3076 authorizing the association to collect charges if the 3077 association removes or installs hurricane protection 3078 and making such charges enforceable as an assessment; 3079 amending s. 718.115, F.S.; specifying when the cost of 3080 installation of hurricane protection is not a common 3081 expense; authorizing certain expenses to be 3082 enforceable as assessments; requiring that certain 3083 unit owners be excused from certain assessments or to 3084 receive a credit for hurricane protection that has 3085 been installed; providing credit applicability under 3086 certain circumstances; providing for the amount of 3087 credit that a unit owner must receive; specifying that 3088 certain expenses are common expenses; amending s. 3089 718.116, F.S.; revising the itemized lists of certain 3090 assessments and lines of credit for special 3091 assessments imposed to be included in an estoppel 3092 certificate; conforming a cross-reference; amending s. 3093 718.121, F.S.; conforming a cross-reference; amending 3094 s. 718.1224, F.S.; revising legislative findings and 3095 intent to conform to changes made by the act; revising 3096 the definition of the term “governmental entity”; 3097 prohibiting a condominium association from filing 3098 strategic lawsuits against public participation; 3099 prohibiting an association from taking certain action 3100 against a unit owner in response to specified conduct; 3101 prohibiting associations from expending association 3102 funds in support of certain actions against a unit 3103 owner; conforming provisions to changes made by the 3104 act; amending s. 718.301, F.S.; revising items that 3105 developers are required to deliver to an association 3106 upon relinquishing control of the association; 3107 amending s. 718.3026, F.S.; exempting contracts for 3108 registered investment advisers from certain contract 3109 requirements; amending s. 718.3027, F.S.; revising 3110 requirements regarding attendance at a board meeting 3111 in the event of a conflict of interest; modifying 3112 circumstances under which a contract may be voided; 3113 amending s. 718.303, F.S.; requiring that a notice of 3114 nonpayment be provided to a unit owner by a specified 3115 time before an election; amending s. 718.501, F.S.; 3116 revising circumstances under which the Division of 3117 Florida Condominiums, Timeshares, and Mobile Homes has 3118 jurisdiction to investigate and enforce certain 3119 matters; requiring the division to provide official 3120 records, without charge, to a unit owner denied 3121 access; requiring the division to provide educational 3122 curriculum and issue a certificate, free of charge, to 3123 directors of a board of administration; requiring the 3124 division to refer suspected criminal acts to the 3125 appropriate law enforcement authority; authorizing 3126 certain division officials to attend association 3127 meetings; requiring the division to conduct random 3128 audits of associations for specified purposes; 3129 requiring that an association’s annual fee be filed 3130 concurrently with the annual certification; specifying 3131 requirements for the annual certification; amending s. 3132 718.618, F.S.; conforming a provision to changes made 3133 by the act; amending s. 719.106, F.S.; requiring that 3134 a cooperative association’s budget include reserve 3135 amounts for planned maintenance, in lieu of deferred 3136 maintenance; providing an exception for certain 3137 associations to complete a structural integrity 3138 reserve study by a certain date; requiring an 3139 association to distribute or deliver copies of a 3140 structural integrity reserve study to unit owners 3141 within a specified timeframe; specifying the manner of 3142 distribution or delivery; conforming provisions to 3143 changes made by the act; amending s. 719.301, F.S.; 3144 revising items that developers are required to deliver 3145 to a cooperative association upon relinquishing 3146 control of association property; amending s. 719.618, 3147 F.S.; conforming a provision to changes made by the 3148 act; requiring the division to conduct a review of 3149 statutory requirements regarding posting of official 3150 records on a condominium association’s website or 3151 application; requiring the division to submit its 3152 findings, including any recommendations, to the 3153 Governor and the Legislature by a specified date; 3154 providing effective dates.