Bill Text: FL S0630 | 2021 | Regular Session | Comm Sub


Bill Title: Community Associations

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-03-02 - CS by Regulated Industries read 1st time [S0630 Detail]

Download: Florida-2021-S0630-Comm_Sub.html
       Florida Senate - 2021                              CS for SB 630
       
       
        
       By the Committee on Regulated Industries; and Senators Baxley,
       Hutson, and Rodriguez
       
       
       
       
       580-02171-21                                           2021630c1
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending s.
    3         627.714, F.S.; prohibiting insurance policies from
    4         providing specified rights of subrogation under
    5         certain circumstances; amending s. 718.103, F.S.;
    6         revising the definition of the terms
    7         “multicondominium,” “operation,” and “operation of the
    8         condominium”; amending s. 718.111, F.S.; requiring
    9         that certain records be maintained for a specified
   10         time; prohibiting an association from requiring
   11         certain actions relating to the inspection of records;
   12         revising requirements relating to the posting of
   13         digital copies of certain documents by certain
   14         condominium associations; amending s. 718.112, F.S.;
   15         authorizing a condominium association to extinguish
   16         discriminatory restrictions; revising the calculation
   17         used in determining a board member’s term limit;
   18         providing requirements for certain notices; revising
   19         the fees that an association may charge for transfers;
   20         deleting a prohibition against employing or
   21         contracting with certain service providers; amending
   22         s. 718.113, F.S.; revising legislative findings;
   23         defining the terms “natural gas fuel” and “natural gas
   24         fuel vehicle”; revising requirements for electric
   25         vehicle charging stations; providing requirements for
   26         natural gas fuel stations on property governed by
   27         condominium associations; amending s. 718.117, F.S.;
   28         conforming provisions to changes made by the act;
   29         amending s. 718.121, F.S.; providing that labor and
   30         materials associated with the installation of a
   31         natural gas fuel station may not serve as the basis
   32         for filing a lien against an association but may serve
   33         as the basis for filing a lien against a unit owner;
   34         requiring that notices of intent to record a claim of
   35         lien specify certain dates; amending s. 718.1255,
   36         F.S.; authorizing parties to initiate presuit
   37         mediation under certain circumstances; specifying the
   38         circumstances under which arbitration is binding on
   39         the parties; providing requirements for presuit
   40         mediation; making technical changes; amending s.
   41         718.1265, F.S.; revising the emergency powers of
   42         condominium associations; prohibiting condominium
   43         associations from taking certain actions during a
   44         declared state of emergency; amending s. 718.202,
   45         F.S.; revising the allowable uses of certain escrow
   46         funds withdrawn by developers; defining the term
   47         “actual costs”; amending s. 718.303, F.S.; revising
   48         requirements for certain actions for failure to comply
   49         with specified provisions relating to condominium
   50         associations; revising requirements for certain fines;
   51         amending s. 718.405, F.S.; providing clarifying
   52         language relating to certain multicondominium
   53         declarations; providing applicability; amending s.
   54         718.501, F.S.; conforming provisions to changes made
   55         by the act; amending s. 718.5014, F.S.; revising a
   56         requirement regarding the location of the principal
   57         office of the Office of the Condominium Ombudsman;
   58         amending s. 719.103, F.S.; revising the definition of
   59         the term “unit” to specify that an interest in a
   60         cooperative unit is an interest in real property;
   61         amending s. 719.104, F.S.; prohibiting an association
   62         from requiring certain actions relating to the
   63         inspection of records; amending s. 719.106, F.S.;
   64         revising provisions relating to a quorum and voting
   65         rights for members remotely participating in meetings;
   66         revising the procedure to challenge a board member
   67         recall; authorizing cooperative associations to
   68         extinguish discriminatory restrictions; amending s.
   69         719.128, F.S.; revising emergency powers for
   70         cooperative associations; prohibiting cooperative
   71         associations from taking certain actions during a
   72         declared state of emergency; amending s. 720.301,
   73         F.S.; revising the definition of the term “governing
   74         documents”; amending s. 720.303, F.S.; authorizing an
   75         association to adopt procedures for electronic meeting
   76         notices; revising the documents that constitute the
   77         official records of an association; revising the types
   78         of records that are not accessible to members or
   79         parcel owners; revising the circumstances under which
   80         a specified statement must be included in an
   81         association’s financial report; revising requirements
   82         for such statement; revising the circumstances under
   83         which an association is deemed to have provided for
   84         reserve accounts; revising the procedure to challenge
   85         a board member recall; amending s. 720.305, F.S.;
   86         providing requirements for certain fines levied by a
   87         board of administration; amending s. 720.306, F.S.;
   88         revising requirements for providing certain notices;
   89         providing limitations on associations when a parcel
   90         owner attempts to rent or lease his or her parcel;
   91         defining the term “affiliated entity”; amending the
   92         procedure for election disputes; amending s. 720.307,
   93         F.S.; revising the circumstances under which members
   94         other than the developer are entitled to elect members
   95         to the board of directors of the homeowners’
   96         association; amending s. 720.311, F.S.; revising the
   97         dispute resolution requirements for election disputes
   98         and recall disputes; amending s. 720.3075, F.S.;
   99         authorizing homeowners’ associations to extinguish
  100         discriminatory restrictions; amending s. 720.316,
  101         F.S.; revising emergency powers of homeowners’
  102         associations; prohibiting homeowners’ associations
  103         from taking certain actions during a declared state of
  104         emergency; providing an effective date.
  105          
  106  Be It Enacted by the Legislature of the State of Florida:
  107  
  108         Section 1. Subsection (4) of section 627.714, Florida
  109  Statutes, is amended to read:
  110         627.714 Residential condominium unit owner coverage; loss
  111  assessment coverage required.—
  112         (4) Every individual unit owner’s residential property
  113  policy must contain a provision stating that the coverage
  114  afforded by such policy is excess coverage over the amount
  115  recoverable under any other policy covering the same property.
  116  If a condominium association’s insurance policy does not provide
  117  rights for subrogation against the unit owners in the
  118  association, an insurance policy issued to an individual unit
  119  owner in the association may not provide rights of subrogation
  120  against the condominium association.
  121         Section 2. Subsections (20) and (21) of section 718.103,
  122  Florida Statutes, are amended to read:
  123         718.103 Definitions.—As used in this chapter, the term:
  124         (20) “Multicondominium” means real property a real estate
  125  development containing two or more condominiums, all of which
  126  are operated by the same association.
  127         (21) “Operation” or “operation of the condominium” includes
  128  the administration and management of the condominium property
  129  and the association.
  130         Section 3. Paragraphs (a), (b), (c), and (g) of subsection
  131  (12) of section 718.111, Florida Statutes, are amended to read:
  132         718.111 The association.—
  133         (12) OFFICIAL RECORDS.—
  134         (a) From the inception of the association, the association
  135  shall maintain each of the following items, if applicable, which
  136  constitutes the official records of the association:
  137         1. A copy of the plans, permits, warranties, and other
  138  items provided by the developer under pursuant to s. 718.301(4).
  139         2. A photocopy of the recorded declaration of condominium
  140  of each condominium operated by the association and each
  141  amendment to each declaration.
  142         3. A photocopy of the recorded bylaws of the association
  143  and each amendment to the bylaws.
  144         4. A certified copy of the articles of incorporation of the
  145  association, or other documents creating the association, and
  146  each amendment thereto.
  147         5. A copy of the current rules of the association.
  148         6. A book or books that contain the minutes of all meetings
  149  of the association, the board of administration, and the unit
  150  owners.
  151         7. A current roster of all unit owners and their mailing
  152  addresses, unit identifications, voting certifications, and, if
  153  known, telephone numbers. The association shall also maintain
  154  the e-mail addresses and facsimile numbers of unit owners
  155  consenting to receive notice by electronic transmission. The e
  156  mail addresses and facsimile numbers are not accessible to unit
  157  owners if consent to receive notice by electronic transmission
  158  is not provided in accordance with sub-subparagraph (c)3.e.
  159  However, the association is not liable for an inadvertent
  160  disclosure of the e-mail address or facsimile number for
  161  receiving electronic transmission of notices.
  162         8. All current insurance policies of the association and
  163  condominiums operated by the association.
  164         9. A current copy of any management agreement, lease, or
  165  other contract to which the association is a party or under
  166  which the association or the unit owners have an obligation or
  167  responsibility.
  168         10. Bills of sale or transfer for all property owned by the
  169  association.
  170         11. Accounting records for the association and separate
  171  accounting records for each condominium that the association
  172  operates. Any person who knowingly or intentionally defaces or
  173  destroys such records, or who knowingly or intentionally fails
  174  to create or maintain such records, with the intent of causing
  175  harm to the association or one or more of its members, is
  176  personally subject to a civil penalty pursuant to s.
  177  718.501(1)(d). The accounting records must include, but are not
  178  limited to:
  179         a. Accurate, itemized, and detailed records of all receipts
  180  and expenditures.
  181         b. A current account and a monthly, bimonthly, or quarterly
  182  statement of the account for each unit designating the name of
  183  the unit owner, the due date and amount of each assessment, the
  184  amount paid on the account, and the balance due.
  185         c. All audits, reviews, accounting statements, and
  186  financial reports of the association or condominium.
  187         d. All contracts for work to be performed. Bids for work to
  188  be performed are also considered official records and must be
  189  maintained by the association for at least 1 year after receipt
  190  of the bid.
  191         12. Ballots, sign-in sheets, voting proxies, and all other
  192  papers and electronic records relating to voting by unit owners,
  193  which must be maintained for 1 year from the date of the
  194  election, vote, or meeting to which the document relates,
  195  notwithstanding paragraph (b).
  196         13. All rental records if the association is acting as
  197  agent for the rental of condominium units.
  198         14. A copy of the current question and answer sheet as
  199  described in s. 718.504.
  200         15. All other written records of the association not
  201  specifically included in the foregoing which are related to the
  202  operation of the association.
  203         16. A copy of the inspection report as described in s.
  204  718.301(4)(p).
  205         16.17. Bids for materials, equipment, or services.
  206         17.All other written records of the association not
  207  specified in subparagraphs 1.-16. which are related to the
  208  operation of the association.
  209         (b) The official records specified in subparagraphs (a)1.
  210  6. must be permanently maintained from the inception of the
  211  association. Bids for work to be performed or for materials,
  212  equipment, or services must be maintained for at least 1 year
  213  after receipt of the bid. All other official records must be
  214  maintained within the state for at least 7 years, unless
  215  otherwise provided by general law. The records of the
  216  association shall be made available to a unit owner within 45
  217  miles of the condominium property or within the county in which
  218  the condominium property is located within 10 working days after
  219  receipt of a written request by the board or its designee.
  220  However, such distance requirement does not apply to an
  221  association governing a timeshare condominium. This paragraph
  222  may be complied with by having a copy of the official records of
  223  the association available for inspection or copying on the
  224  condominium property or association property, or the association
  225  may offer the option of making the records available to a unit
  226  owner electronically via the Internet or by allowing the records
  227  to be viewed in electronic format on a computer screen and
  228  printed upon request. The association is not responsible for the
  229  use or misuse of the information provided to an association
  230  member or his or her authorized representative in pursuant to
  231  the compliance with requirements of this chapter unless the
  232  association has an affirmative duty not to disclose such
  233  information under pursuant to this chapter.
  234         (c)1. The official records of the association are open to
  235  inspection by any association member or the authorized
  236  representative of such member at all reasonable times. The right
  237  to inspect the records includes the right to make or obtain
  238  copies, at the reasonable expense, if any, of the member or
  239  authorized representative of such member. A renter of a unit has
  240  a right to inspect and copy only the declaration of condominium
  241  and the association’s bylaws and rules. The association may
  242  adopt reasonable rules regarding the frequency, time, location,
  243  notice, and manner of record inspections and copying, but may
  244  not require a member to demonstrate any purpose or state any
  245  reason for the inspection. The failure of an association to
  246  provide the records within 10 working days after receipt of a
  247  written request creates a rebuttable presumption that the
  248  association willfully failed to comply with this paragraph. A
  249  unit owner who is denied access to official records is entitled
  250  to the actual damages or minimum damages for the association’s
  251  willful failure to comply. Minimum damages are $50 per calendar
  252  day for up to 10 days, beginning on the 11th working day after
  253  receipt of the written request. The failure to permit inspection
  254  entitles any person prevailing in an enforcement action to
  255  recover reasonable attorney fees from the person in control of
  256  the records who, directly or indirectly, knowingly denied access
  257  to the records.
  258         2. Any person who knowingly or intentionally defaces or
  259  destroys accounting records that are required by this chapter to
  260  be maintained during the period for which such records are
  261  required to be maintained, or who knowingly or intentionally
  262  fails to create or maintain accounting records that are required
  263  to be created or maintained, with the intent of causing harm to
  264  the association or one or more of its members, is personally
  265  subject to a civil penalty pursuant to s. 718.501(1)(d).
  266         3. The association shall maintain an adequate number of
  267  copies of the declaration, articles of incorporation, bylaws,
  268  and rules, and all amendments to each of the foregoing, as well
  269  as the question and answer sheet as described in s. 718.504 and
  270  year-end financial information required under this section, on
  271  the condominium property to ensure their availability to unit
  272  owners and prospective purchasers, and may charge its actual
  273  costs for preparing and furnishing these documents to those
  274  requesting the documents. An association shall allow a member or
  275  his or her authorized representative to use a portable device,
  276  including a smartphone, tablet, portable scanner, or any other
  277  technology capable of scanning or taking photographs, to make an
  278  electronic copy of the official records in lieu of the
  279  association’s providing the member or his or her authorized
  280  representative with a copy of such records. The association may
  281  not charge a member or his or her authorized representative for
  282  the use of a portable device. Notwithstanding this paragraph,
  283  the following records are not accessible to unit owners:
  284         a. Any record protected by the lawyer-client privilege as
  285  described in s. 90.502 and any record protected by the work
  286  product privilege, including a record prepared by an association
  287  attorney or prepared at the attorney’s express direction, which
  288  reflects a mental impression, conclusion, litigation strategy,
  289  or legal theory of the attorney or the association, and which
  290  was prepared exclusively for civil or criminal litigation or for
  291  adversarial administrative proceedings, or which was prepared in
  292  anticipation of such litigation or proceedings until the
  293  conclusion of the litigation or proceedings.
  294         b. Information obtained by an association in connection
  295  with the approval of the lease, sale, or other transfer of a
  296  unit.
  297         c. Personnel records of association or management company
  298  employees, including, but not limited to, disciplinary, payroll,
  299  health, and insurance records. For purposes of this sub
  300  subparagraph, the term “personnel records” does not include
  301  written employment agreements with an association employee or
  302  management company, or budgetary or financial records that
  303  indicate the compensation paid to an association employee.
  304         d. Medical records of unit owners.
  305         e. Social security numbers, driver license numbers, credit
  306  card numbers, e-mail addresses, telephone numbers, facsimile
  307  numbers, emergency contact information, addresses of a unit
  308  owner other than as provided to fulfill the association’s notice
  309  requirements, and other personal identifying information of any
  310  person, excluding the person’s name, unit designation, mailing
  311  address, property address, and any address, e-mail address, or
  312  facsimile number provided to the association to fulfill the
  313  association’s notice requirements. Notwithstanding the
  314  restrictions in this sub-subparagraph, an association may print
  315  and distribute to unit parcel owners a directory containing the
  316  name, unit parcel address, and all telephone numbers of each
  317  unit parcel owner. However, an owner may exclude his or her
  318  telephone numbers from the directory by so requesting in writing
  319  to the association. An owner may consent in writing to the
  320  disclosure of other contact information described in this sub
  321  subparagraph. The association is not liable for the inadvertent
  322  disclosure of information that is protected under this sub
  323  subparagraph if the information is included in an official
  324  record of the association and is voluntarily provided by an
  325  owner and not requested by the association.
  326         f. Electronic security measures that are used by the
  327  association to safeguard data, including passwords.
  328         g. The software and operating system used by the
  329  association which allow the manipulation of data, even if the
  330  owner owns a copy of the same software used by the association.
  331  The data is part of the official records of the association.
  332         (g)1. By January 1, 2019, an association managing a
  333  condominium with 150 or more units which does not contain
  334  timeshare units shall post digital copies of the documents
  335  specified in subparagraph 2. on its website or make such
  336  documents available through an application that can be
  337  downloaded on a mobile device.
  338         a. The association’s website or application must be:
  339         (I) An independent website, application, or web portal
  340  wholly owned and operated by the association; or
  341         (II) A website, application, or web portal operated by a
  342  third-party provider with whom the association owns, leases,
  343  rents, or otherwise obtains the right to operate a web page,
  344  subpage, web portal, or collection of subpages or web portals,
  345  or an application which is dedicated to the association’s
  346  activities and on which required notices, records, and documents
  347  may be posted or made available by the association.
  348         b. The association’s website or application must be
  349  accessible through the Internet and must contain a subpage, web
  350  portal, or other protected electronic location that is
  351  inaccessible to the general public and accessible only to unit
  352  owners and employees of the association.
  353         c. Upon a unit owner’s written request, the association
  354  must provide the unit owner with a username and password and
  355  access to the protected sections of the association’s website or
  356  application which that contain any notices, records, or
  357  documents that must be electronically provided.
  358         2. A current copy of the following documents must be posted
  359  in digital format on the association’s website or application:
  360         a. The recorded declaration of condominium of each
  361  condominium operated by the association and each amendment to
  362  each declaration.
  363         b. The recorded bylaws of the association and each
  364  amendment to the bylaws.
  365         c. The articles of incorporation of the association, or
  366  other documents creating the association, and each amendment to
  367  the articles of incorporation or other documents thereto. The
  368  copy posted pursuant to this sub-subparagraph must be a copy of
  369  the articles of incorporation filed with the Department of
  370  State.
  371         d. The rules of the association.
  372         e. A list of all executory contracts or documents to which
  373  the association is a party or under which the association or the
  374  unit owners have an obligation or responsibility and, after
  375  bidding for the related materials, equipment, or services has
  376  closed, a list of bids received by the association within the
  377  past year. Summaries of bids for materials, equipment, or
  378  services which exceed $500 must be maintained on the website or
  379  application for 1 year. In lieu of summaries, complete copies of
  380  the bids may be posted.
  381         f. The annual budget required by s. 718.112(2)(f) and any
  382  proposed budget to be considered at the annual meeting.
  383         g. The financial report required by subsection (13) and any
  384  monthly income or expense statement to be considered at a
  385  meeting.
  386         h. The certification of each director required by s.
  387  718.112(2)(d)4.b.
  388         i. All contracts or transactions between the association
  389  and any director, officer, corporation, firm, or association
  390  that is not an affiliated condominium association or any other
  391  entity in which an association director is also a director or
  392  officer and financially interested.
  393         j. Any contract or document regarding a conflict of
  394  interest or possible conflict of interest as provided in ss.
  395  468.436(2)(b)6. and 718.3027(3).
  396         k. The notice of any unit owner meeting and the agenda for
  397  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  398  days before the meeting. The notice must be posted in plain view
  399  on the front page of the website or application, or on a
  400  separate subpage of the website or application labeled “Notices”
  401  which is conspicuously visible and linked from the front page.
  402  The association must also post on its website or application any
  403  document to be considered and voted on by the owners during the
  404  meeting or any document listed on the agenda at least 7 days
  405  before the meeting at which the document or the information
  406  within the document will be considered.
  407         l. Notice of any board meeting, the agenda, and any other
  408  document required for the meeting as required by s.
  409  718.112(2)(c), which must be posted no later than the date
  410  required for notice under pursuant to s. 718.112(2)(c).
  411         3. The association shall ensure that the information and
  412  records described in paragraph (c), which are not allowed to be
  413  accessible to unit owners, are not posted on the association’s
  414  website or application. If protected information or information
  415  restricted from being accessible to unit owners is included in
  416  documents that are required to be posted on the association’s
  417  website or application, the association shall ensure the
  418  information is redacted before posting the documents online.
  419  Notwithstanding the foregoing, the association or its agent is
  420  not liable for disclosing information that is protected or
  421  restricted under pursuant to this paragraph unless such
  422  disclosure was made with a knowing or intentional disregard of
  423  the protected or restricted nature of such information.
  424         4. The failure of the association to post information
  425  required under subparagraph 2. is not in and of itself
  426  sufficient to invalidate any action or decision of the
  427  association’s board or its committees.
  428         Section 4. Paragraphs (d), (i), (j), (k), and (p) of
  429  subsection (2) of section 718.112, Florida Statutes, are
  430  amended, and paragraph (c) is added to subsection (1) of that
  431  section, to read:
  432         718.112 Bylaws.—
  433         (1) GENERALLY.—
  434         (c)The association may extinguish a discriminatory
  435  restriction as provided under s. 712.065.
  436         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  437  following and, if they do not do so, shall be deemed to include
  438  the following:
  439         (d) Unit owner meetings.—
  440         1. An annual meeting of the unit owners must be held at the
  441  location provided in the association bylaws and, if the bylaws
  442  are silent as to the location, the meeting must be held within
  443  45 miles of the condominium property. However, such distance
  444  requirement does not apply to an association governing a
  445  timeshare condominium.
  446         2. Unless the bylaws provide otherwise, a vacancy on the
  447  board caused by the expiration of a director’s term must be
  448  filled by electing a new board member, and the election must be
  449  by secret ballot. An election is not required if the number of
  450  vacancies equals or exceeds the number of candidates. For
  451  purposes of this paragraph, the term “candidate” means an
  452  eligible person who has timely submitted the written notice, as
  453  described in sub-subparagraph 4.a., of his or her intention to
  454  become a candidate. Except in a timeshare or nonresidential
  455  condominium, or if the staggered term of a board member does not
  456  expire until a later annual meeting, or if all members’ terms
  457  would otherwise expire but there are no candidates, the terms of
  458  all board members expire at the annual meeting, and such members
  459  may stand for reelection unless prohibited by the bylaws. Board
  460  members may serve terms longer than 1 year if permitted by the
  461  bylaws or articles of incorporation. A board member may not
  462  serve more than 8 consecutive years unless approved by an
  463  affirmative vote of unit owners representing two-thirds of all
  464  votes cast in the election or unless there are not enough
  465  eligible candidates to fill the vacancies on the board at the
  466  time of the vacancy. Only board service that occurs on or after
  467  July 1, 2018, may be used when calculating a board member’s term
  468  limit. If the number of board members whose terms expire at the
  469  annual meeting equals or exceeds the number of candidates, the
  470  candidates become members of the board effective upon the
  471  adjournment of the annual meeting. Unless the bylaws provide
  472  otherwise, any remaining vacancies shall be filled by the
  473  affirmative vote of the majority of the directors making up the
  474  newly constituted board even if the directors constitute less
  475  than a quorum or there is only one director. In a residential
  476  condominium association of more than 10 units or in a
  477  residential condominium association that does not include
  478  timeshare units or timeshare interests, co-owners of a unit may
  479  not serve as members of the board of directors at the same time
  480  unless they own more than one unit or unless there are not
  481  enough eligible candidates to fill the vacancies on the board at
  482  the time of the vacancy. A unit owner in a residential
  483  condominium desiring to be a candidate for board membership must
  484  comply with sub-subparagraph 4.a. and must be eligible to be a
  485  candidate to serve on the board of directors at the time of the
  486  deadline for submitting a notice of intent to run in order to
  487  have his or her name listed as a proper candidate on the ballot
  488  or to serve on the board. A person who has been suspended or
  489  removed by the division under this chapter, or who is delinquent
  490  in the payment of any monetary obligation due to the
  491  association, is not eligible to be a candidate for board
  492  membership and may not be listed on the ballot. A person who has
  493  been convicted of any felony in this state or in a United States
  494  District or Territorial Court, or who has been convicted of any
  495  offense in another jurisdiction which would be considered a
  496  felony if committed in this state, is not eligible for board
  497  membership unless such felon’s civil rights have been restored
  498  for at least 5 years as of the date such person seeks election
  499  to the board. The validity of an action by the board is not
  500  affected if it is later determined that a board member is
  501  ineligible for board membership due to having been convicted of
  502  a felony. This subparagraph does not limit the term of a member
  503  of the board of a nonresidential or timeshare condominium.
  504         3. The bylaws must provide the method of calling meetings
  505  of unit owners, including annual meetings. Written notice of an
  506  annual meeting must include an agenda;, must be mailed, hand
  507  delivered, or electronically transmitted to each unit owner at
  508  least 14 days before the annual meeting;, and must be posted in
  509  a conspicuous place on the condominium property or association
  510  property at least 14 continuous days before the annual meeting.
  511  Written notice of a meeting other than an annual meeting must
  512  include an agenda; be mailed, hand delivered, or electronically
  513  transmitted to each unit owner; and be posted in a conspicuous
  514  place on the condominium property or association property within
  515  the timeframe specified in the bylaws. If the bylaws do not
  516  specify a timeframe for written notice of a meeting other than
  517  an annual meeting, notice must be provided at least 14
  518  continuous days before the meeting. Upon notice to the unit
  519  owners, the board shall, by duly adopted rule, designate a
  520  specific location on the condominium property or association
  521  property where all notices of unit owner meetings must be
  522  posted. This requirement does not apply if there is no
  523  condominium property for posting notices. In lieu of, or in
  524  addition to, the physical posting of meeting notices, the
  525  association may, by reasonable rule, adopt a procedure for
  526  conspicuously posting and repeatedly broadcasting the notice and
  527  the agenda on a closed-circuit cable television system serving
  528  the condominium association. However, if broadcast notice is
  529  used in lieu of a notice posted physically on the condominium
  530  property, the notice and agenda must be broadcast at least four
  531  times every broadcast hour of each day that a posted notice is
  532  otherwise required under this section. If broadcast notice is
  533  provided, the notice and agenda must be broadcast in a manner
  534  and for a sufficient continuous length of time so as to allow an
  535  average reader to observe the notice and read and comprehend the
  536  entire content of the notice and the agenda. In addition to any
  537  of the authorized means of providing notice of a meeting of the
  538  board, the association may, by rule, adopt a procedure for
  539  conspicuously posting the meeting notice and the agenda on a
  540  website serving the condominium association for at least the
  541  minimum period of time for which a notice of a meeting is also
  542  required to be physically posted on the condominium property.
  543  Any rule adopted shall, in addition to other matters, include a
  544  requirement that the association send an electronic notice in
  545  the same manner as a notice for a meeting of the members, which
  546  must include a hyperlink to the website where the notice is
  547  posted, to unit owners whose e-mail addresses are included in
  548  the association’s official records. Unless a unit owner waives
  549  in writing the right to receive notice of the annual meeting,
  550  such notice must be hand delivered, mailed, or electronically
  551  transmitted to each unit owner. Notice for meetings and notice
  552  for all other purposes must be mailed to each unit owner at the
  553  address last furnished to the association by the unit owner, or
  554  hand delivered to each unit owner. However, if a unit is owned
  555  by more than one person, the association must provide notice to
  556  the address that the developer identifies for that purpose and
  557  thereafter as one or more of the owners of the unit advise the
  558  association in writing, or if no address is given or the owners
  559  of the unit do not agree, to the address provided on the deed of
  560  record. An officer of the association, or the manager or other
  561  person providing notice of the association meeting, must provide
  562  an affidavit or United States Postal Service certificate of
  563  mailing, to be included in the official records of the
  564  association affirming that the notice was mailed or hand
  565  delivered in accordance with this provision.
  566         4. The members of the board of a residential condominium
  567  shall be elected by written ballot or voting machine. Proxies
  568  may not be used in electing the board in general elections or
  569  elections to fill vacancies caused by recall, resignation, or
  570  otherwise, unless otherwise provided in this chapter. This
  571  subparagraph does not apply to an association governing a
  572  timeshare condominium.
  573         a. At least 60 days before a scheduled election, the
  574  association shall mail, deliver, or electronically transmit, by
  575  separate association mailing or included in another association
  576  mailing, delivery, or transmission, including regularly
  577  published newsletters, to each unit owner entitled to a vote, a
  578  first notice of the date of the election. A unit owner or other
  579  eligible person desiring to be a candidate for the board must
  580  give written notice of his or her intent to be a candidate to
  581  the association at least 40 days before a scheduled election.
  582  Together with the written notice and agenda as set forth in
  583  subparagraph 3., the association shall mail, deliver, or
  584  electronically transmit a second notice of the election to all
  585  unit owners entitled to vote, together with a ballot that lists
  586  all candidates not less than 14 days or more than 34 days before
  587  the date of the election. Upon request of a candidate, an
  588  information sheet, no larger than 8 1/2 inches by 11 inches,
  589  which must be furnished by the candidate at least 35 days before
  590  the election, must be included with the mailing, delivery, or
  591  transmission of the ballot, with the costs of mailing, delivery,
  592  or electronic transmission and copying to be borne by the
  593  association. The association is not liable for the contents of
  594  the information sheets prepared by the candidates. In order to
  595  reduce costs, the association may print or duplicate the
  596  information sheets on both sides of the paper. The division
  597  shall by rule establish voting procedures consistent with this
  598  sub-subparagraph, including rules establishing procedures for
  599  giving notice by electronic transmission and rules providing for
  600  the secrecy of ballots. Elections shall be decided by a
  601  plurality of ballots cast. There is no quorum requirement;
  602  however, at least 20 percent of the eligible voters must cast a
  603  ballot in order to have a valid election. A unit owner may not
  604  authorize any other person to vote his or her ballot, and any
  605  ballots improperly cast are invalid. A unit owner who violates
  606  this provision may be fined by the association in accordance
  607  with s. 718.303. A unit owner who needs assistance in casting
  608  the ballot for the reasons stated in s. 101.051 may obtain such
  609  assistance. The regular election must occur on the date of the
  610  annual meeting. Notwithstanding this sub-subparagraph, an
  611  election is not required unless more candidates file notices of
  612  intent to run or are nominated than board vacancies exist.
  613         b. Within 90 days after being elected or appointed to the
  614  board of an association of a residential condominium, each newly
  615  elected or appointed director shall certify in writing to the
  616  secretary of the association that he or she has read the
  617  association’s declaration of condominium, articles of
  618  incorporation, bylaws, and current written policies; that he or
  619  she will work to uphold such documents and policies to the best
  620  of his or her ability; and that he or she will faithfully
  621  discharge his or her fiduciary responsibility to the
  622  association’s members. In lieu of this written certification,
  623  within 90 days after being elected or appointed to the board,
  624  the newly elected or appointed director may submit a certificate
  625  of having satisfactorily completed the educational curriculum
  626  administered by a division-approved condominium education
  627  provider within 1 year before or 90 days after the date of
  628  election or appointment. The written certification or
  629  educational certificate is valid and does not have to be
  630  resubmitted as long as the director serves on the board without
  631  interruption. A director of an association of a residential
  632  condominium who fails to timely file the written certification
  633  or educational certificate is suspended from service on the
  634  board until he or she complies with this sub-subparagraph. The
  635  board may temporarily fill the vacancy during the period of
  636  suspension. The secretary shall cause the association to retain
  637  a director’s written certification or educational certificate
  638  for inspection by the members for 5 years after a director’s
  639  election or the duration of the director’s uninterrupted tenure,
  640  whichever is longer. Failure to have such written certification
  641  or educational certificate on file does not affect the validity
  642  of any board action.
  643         c. Any challenge to the election process must be commenced
  644  within 60 days after the election results are announced.
  645         5. Any approval by unit owners called for by this chapter
  646  or the applicable declaration or bylaws, including, but not
  647  limited to, the approval requirement in s. 718.111(8), must be
  648  made at a duly noticed meeting of unit owners and is subject to
  649  all requirements of this chapter or the applicable condominium
  650  documents relating to unit owner decisionmaking, except that
  651  unit owners may take action by written agreement, without
  652  meetings, on matters for which action by written agreement
  653  without meetings is expressly allowed by the applicable bylaws
  654  or declaration or any law that provides for such action.
  655         6. Unit owners may waive notice of specific meetings if
  656  allowed by the applicable bylaws or declaration or any law.
  657  Notice of meetings of the board of administration, unit owner
  658  meetings, except unit owner meetings called to recall board
  659  members under paragraph (j), and committee meetings may be given
  660  by electronic transmission to unit owners who consent to receive
  661  notice by electronic transmission. A unit owner who consents to
  662  receiving notices by electronic transmission is solely
  663  responsible for removing or bypassing filters that block receipt
  664  of mass e-mails emails sent to members on behalf of the
  665  association in the course of giving electronic notices.
  666         7. Unit owners have the right to participate in meetings of
  667  unit owners with reference to all designated agenda items.
  668  However, the association may adopt reasonable rules governing
  669  the frequency, duration, and manner of unit owner participation.
  670         8. A unit owner may tape record or videotape a meeting of
  671  the unit owners subject to reasonable rules adopted by the
  672  division.
  673         9. Unless otherwise provided in the bylaws, any vacancy
  674  occurring on the board before the expiration of a term may be
  675  filled by the affirmative vote of the majority of the remaining
  676  directors, even if the remaining directors constitute less than
  677  a quorum, or by the sole remaining director. In the alternative,
  678  a board may hold an election to fill the vacancy, in which case
  679  the election procedures must conform to sub-subparagraph 4.a.
  680  unless the association governs 10 units or fewer and has opted
  681  out of the statutory election process, in which case the bylaws
  682  of the association control. Unless otherwise provided in the
  683  bylaws, a board member appointed or elected under this section
  684  shall fill the vacancy for the unexpired term of the seat being
  685  filled. Filling vacancies created by recall is governed by
  686  paragraph (j) and rules adopted by the division.
  687         10. This chapter does not limit the use of general or
  688  limited proxies, require the use of general or limited proxies,
  689  or require the use of a written ballot or voting machine for any
  690  agenda item or election at any meeting of a timeshare
  691  condominium association or nonresidential condominium
  692  association.
  693  
  694  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  695  association of 10 or fewer units may, by affirmative vote of a
  696  majority of the total voting interests, provide for different
  697  voting and election procedures in its bylaws, which may be by a
  698  proxy specifically delineating the different voting and election
  699  procedures. The different voting and election procedures may
  700  provide for elections to be conducted by limited or general
  701  proxy.
  702         (i) Transfer fees.An association may not no charge a fee
  703  shall be made by the association or any body thereof in
  704  connection with the sale, mortgage, lease, sublease, or other
  705  transfer of a unit unless the association is required to approve
  706  such transfer and a fee for such approval is provided for in the
  707  declaration, articles, or bylaws. Any such fee may be preset,
  708  but may not in no event may such fee exceed $150 $100 per
  709  applicant. For the purpose of calculating the fee, spouses or a
  710  parent or parents and any dependent children other than
  711  husband/wife or parent/dependent child, which are considered one
  712  applicant. However, if the lease or sublease is a renewal of a
  713  lease or sublease with the same lessee or sublessee, a charge
  714  may not no charge shall be made. Such fees must be adjusted
  715  every 5 years in an amount equal to the total of the annual
  716  increases occurring in the Consumer Price Index for All Urban
  717  Consumers, U.S. City Average, All Items during that 5-year
  718  period. The Department of Business and Professional Regulation
  719  shall periodically calculate the fees, rounded to the nearest
  720  dollar, and publish the amounts, as adjusted, on its website.
  721  The foregoing notwithstanding, an association may, if the
  722  authority to do so appears in the declaration, articles, or
  723  bylaws, an association may require that a prospective lessee
  724  place a security deposit, in an amount not to exceed the
  725  equivalent of 1 month’s rent, into an escrow account maintained
  726  by the association. The security deposit shall protect against
  727  damages to the common elements or association property. Payment
  728  of interest, claims against the deposit, refunds, and disputes
  729  under this paragraph shall be handled in the same fashion as
  730  provided in part II of chapter 83.
  731         (j) Recall of board members.—Subject to s. 718.301, any
  732  member of the board of administration may be recalled and
  733  removed from office with or without cause by the vote or
  734  agreement in writing by a majority of all the voting interests.
  735  A special meeting of the unit owners to recall a member or
  736  members of the board of administration may be called by 10
  737  percent of the voting interests giving notice of the meeting as
  738  required for a meeting of unit owners, and the notice shall
  739  state the purpose of the meeting. Electronic transmission may
  740  not be used as a method of giving notice of a meeting called in
  741  whole or in part for this purpose.
  742         1. If the recall is approved by a majority of all voting
  743  interests by a vote at a meeting, the recall will be effective
  744  as provided in this paragraph. The board shall duly notice and
  745  hold a board meeting within 5 full business days after the
  746  adjournment of the unit owner meeting to recall one or more
  747  board members. Such member or members shall be recalled
  748  effective immediately upon conclusion of the board meeting,
  749  provided that the recall is facially valid. A recalled member
  750  must turn over to the board, within 10 full business days after
  751  the vote, any and all records and property of the association in
  752  their possession.
  753         2. If the proposed recall is by an agreement in writing by
  754  a majority of all voting interests, the agreement in writing or
  755  a copy thereof shall be served on the association by certified
  756  mail or by personal service in the manner authorized by chapter
  757  48 and the Florida Rules of Civil Procedure. The board of
  758  administration shall duly notice and hold a meeting of the board
  759  within 5 full business days after receipt of the agreement in
  760  writing. Such member or members shall be recalled effective
  761  immediately upon the conclusion of the board meeting, provided
  762  that the recall is facially valid. A recalled member must turn
  763  over to the board, within 10 full business days, any and all
  764  records and property of the association in their possession.
  765         3. If the board fails to duly notice and hold a board
  766  meeting within 5 full business days after service of an
  767  agreement in writing or within 5 full business days after the
  768  adjournment of the unit owner recall meeting, the recall is
  769  shall be deemed effective and the board members so recalled
  770  shall turn over to the board within 10 full business days after
  771  the vote any and all records and property of the association.
  772         4. If the board fails to duly notice and hold the required
  773  meeting or at the conclusion of the meeting determines that the
  774  recall is not facially valid, the unit owner representative may
  775  file a petition or court action under pursuant to s. 718.1255
  776  challenging the board’s failure to act or challenging the
  777  board’s determination on facial validity. The petition or action
  778  must be filed within 60 days after the expiration of the
  779  applicable 5-full-business-day period. The review of a petition
  780  or action under this subparagraph is limited to the sufficiency
  781  of service on the board and the facial validity of the written
  782  agreement or ballots filed.
  783         5. If a vacancy occurs on the board as a result of a recall
  784  or removal and less than a majority of the board members are
  785  removed, the vacancy may be filled by the affirmative vote of a
  786  majority of the remaining directors, notwithstanding any
  787  provision to the contrary contained in this subsection. If
  788  vacancies occur on the board as a result of a recall and a
  789  majority or more of the board members are removed, the vacancies
  790  shall be filled in accordance with procedural rules to be
  791  adopted by the division, which rules need not be consistent with
  792  this subsection. The rules must provide procedures governing the
  793  conduct of the recall election as well as the operation of the
  794  association during the period after a recall but before the
  795  recall election.
  796         6. A board member who has been recalled may file a petition
  797  or court action under pursuant to s. 718.1255 challenging the
  798  validity of the recall. The petition or action must be filed
  799  within 60 days after the recall. The association and the unit
  800  owner representative shall be named as the respondents. The
  801  petition or action may challenge the facial validity of the
  802  written agreement or ballots filed or the substantial compliance
  803  with the procedural requirements for the recall. If the
  804  arbitrator or court determines the recall was invalid, the
  805  petitioning board member shall immediately be reinstated and the
  806  recall is null and void. A board member who is successful in
  807  challenging a recall is entitled to recover reasonable attorney
  808  fees and costs from the respondents. The arbitrator or court may
  809  award reasonable attorney fees and costs to the respondents if
  810  they prevail, if the arbitrator or court makes a finding that
  811  the petitioner’s claim is frivolous.
  812         7. The division or a court of competent jurisdiction may
  813  not accept for filing a recall petition or court action, whether
  814  filed under pursuant to subparagraph 1., subparagraph 2.,
  815  subparagraph 4., or subparagraph 6., when there are 60 or fewer
  816  days until the scheduled reelection of the board member sought
  817  to be recalled or when 60 or fewer days have elapsed since the
  818  election of the board member sought to be recalled.
  819         (k) Alternative dispute resolution Arbitration.—There must
  820  shall be a provision for alternative dispute resolution
  821  mandatory nonbinding arbitration as provided for in s. 718.1255
  822  for any residential condominium.
  823         (p)Service providers; conflicts of interest.—An
  824  association, which is not a timeshare condominium association,
  825  may not employ or contract with any service provider that is
  826  owned or operated by a board member or with any person who has a
  827  financial relationship with a board member or officer, or a
  828  relative within the third degree of consanguinity by blood or
  829  marriage of a board member or officer. This paragraph does not
  830  apply to a service provider in which a board member or officer,
  831  or a relative within the third degree of consanguinity by blood
  832  or marriage of a board member or officer, owns less than 1
  833  percent of the equity shares.
  834         Section 5. Subsection (8) of section 718.113, Florida
  835  Statutes, is amended to read:
  836         718.113 Maintenance; limitation upon improvement; display
  837  of flag; hurricane shutters and protection; display of religious
  838  decorations.—
  839         (8) The Legislature finds that the use of electric and
  840  natural gas fuel vehicles conserves and protects the state’s
  841  environmental resources, provides significant economic savings
  842  to drivers, and serves an important public interest. The
  843  participation of condominium associations is essential to the
  844  state’s efforts to conserve and protect the state’s
  845  environmental resources and provide economic savings to drivers.
  846  For purposes of this subsection, the term “natural gas fuel” has
  847  the same meaning as in s. 206.9951, and the term “natural gas
  848  fuel vehicle” means any motor vehicle, as defined in s. 320.01,
  849  that is powered by natural gas fuel. Therefore, the installation
  850  of an electric vehicle charging station or a natural gas fuel
  851  station shall be governed as follows:
  852         (a) A declaration of condominium or restrictive covenant
  853  may not prohibit or be enforced so as to prohibit any unit owner
  854  from installing an electric vehicle charging station or a
  855  natural gas fuel station within the boundaries of the unit
  856  owner’s limited common element or exclusively designated parking
  857  area. The board of administration of a condominium association
  858  may not prohibit a unit owner from installing an electric
  859  vehicle charging station for an electric vehicle, as defined in
  860  s. 320.01, or a natural gas fuel station for a natural gas fuel
  861  vehicle within the boundaries of his or her limited common
  862  element or exclusively designated parking area. The installation
  863  of such charging or fuel stations are subject to the provisions
  864  of this subsection.
  865         (b) The installation may not cause irreparable damage to
  866  the condominium property.
  867         (c) The electricity for the electric vehicle charging
  868  station or natural gas fuel station must be separately metered
  869  or metered by an embedded meter and payable by the unit owner
  870  installing such charging or fuel station or by his or her
  871  successor.
  872         (d)The cost for supply and storage of the natural gas fuel
  873  must be paid by the unit owner installing the natural gas fuel
  874  station or by his or her successor.
  875         (e)(d) The unit owner who is installing an electric vehicle
  876  charging station or a natural gas fuel station is responsible
  877  for the costs of installation, operation, maintenance, and
  878  repair, including, but not limited to, hazard and liability
  879  insurance. The association may enforce payment of such costs
  880  under pursuant to s. 718.116.
  881         (f)(e) If the unit owner or his or her successor decides
  882  there is no longer a need for the electric electronic vehicle
  883  charging station or natural gas fuel station, such person is
  884  responsible for the cost of removal of such the electronic
  885  vehicle charging or fuel station. The association may enforce
  886  payment of such costs under pursuant to s. 718.116.
  887         (g)The unit owner installing, maintaining, or removing the
  888  electric vehicle charging station or natural gas fuel station is
  889  responsible for complying with all federal, state, or local laws
  890  and regulations applicable to such installation, maintenance, or
  891  removal.
  892         (h)(f) The association may require the unit owner to:
  893         1. Comply with bona fide safety requirements, consistent
  894  with applicable building codes or recognized safety standards,
  895  for the protection of persons and property.
  896         2. Comply with reasonable architectural standards adopted
  897  by the association that govern the dimensions, placement, or
  898  external appearance of the electric vehicle charging station or
  899  natural gas fuel station, provided that such standards may not
  900  prohibit the installation of such charging or fuel station or
  901  substantially increase the cost thereof.
  902         3. Engage the services of a licensed and registered firm
  903  electrical contractor or engineer familiar with the installation
  904  or removal and core requirements of an electric vehicle charging
  905  station or a natural gas fuel station.
  906         4. Provide a certificate of insurance naming the
  907  association as an additional insured on the owner’s insurance
  908  policy for any claim related to the installation, maintenance,
  909  or use of the electric vehicle charging station or natural gas
  910  fuel station within 14 days after receiving the association’s
  911  approval to install such charging or fuel station or notice to
  912  provide such a certificate.
  913         5. Reimburse the association for the actual cost of any
  914  increased insurance premium amount attributable to the electric
  915  vehicle charging station or natural gas fuel station within 14
  916  days after receiving the association’s insurance premium
  917  invoice.
  918         (i)(g) The association provides an implied easement across
  919  the common elements of the condominium property to the unit
  920  owner for purposes of the installation of the electric vehicle
  921  charging station or natural gas fuel station installation, and
  922  the furnishing of electrical power or natural gas fuel supply,
  923  including any necessary equipment, to such charging or fuel
  924  station, subject to the requirements of this subsection.
  925         Section 6. Subsection (16) of section 718.117, Florida
  926  Statutes, is amended to read:
  927         718.117 Termination of condominium.—
  928         (16) RIGHT TO CONTEST.—A unit owner or lienor may contest a
  929  plan of termination by initiating a petition in accordance with
  930  for mandatory nonbinding arbitration pursuant to s. 718.1255
  931  within 90 days after the date the plan is recorded. A unit owner
  932  or lienor may only contest the fairness and reasonableness of
  933  the apportionment of the proceeds from the sale among the unit
  934  owners, that the liens of the first mortgages of unit owners
  935  other than the bulk owner have not or will not be satisfied to
  936  the extent required by subsection (3), or that the required vote
  937  to approve the plan was not obtained. A unit owner or lienor who
  938  does not contest the plan within the 90-day period is barred
  939  from asserting or prosecuting a claim against the association,
  940  the termination trustee, any unit owner, or any successor in
  941  interest to the condominium property. In an action contesting a
  942  plan of termination, the person contesting the plan has the
  943  burden of pleading and proving that the apportionment of the
  944  proceeds from the sale among the unit owners was not fair and
  945  reasonable or that the required vote was not obtained. The
  946  apportionment of sale proceeds is presumed fair and reasonable
  947  if it was determined pursuant to the methods prescribed in
  948  subsection (12). If the petition is filed with the division for
  949  arbitration, the arbitrator shall determine the rights and
  950  interests of the parties in the apportionment of the sale
  951  proceeds. If the arbitrator determines that the apportionment of
  952  sales proceeds is not fair and reasonable, the arbitrator may
  953  void the plan or may modify the plan to apportion the proceeds
  954  in a fair and reasonable manner pursuant to this section based
  955  upon the proceedings and order the modified plan of termination
  956  to be implemented. If the arbitrator determines that the plan
  957  was not properly approved, or that the procedures to adopt the
  958  plan were not properly followed, the arbitrator may void the
  959  plan or grant other relief it deems just and proper. The
  960  arbitrator shall automatically void the plan upon a finding that
  961  any of the disclosures required in subparagraph (3)(c)5. are
  962  omitted, misleading, incomplete, or inaccurate. Any challenge to
  963  a plan, other than a challenge that the required vote was not
  964  obtained, does not affect title to the condominium property or
  965  the vesting of the condominium property in the trustee, but
  966  shall only be a claim against the proceeds of the plan. In any
  967  such action, the prevailing party shall recover reasonable
  968  attorney fees and costs.
  969         Section 7. Subsections (2) and (4) of section 718.121,
  970  Florida Statutes, are amended to read:
  971         718.121 Liens.—
  972         (2) Labor performed on or materials furnished to a unit may
  973  shall not be the basis for the filing of a lien under pursuant
  974  to part I of chapter 713, the Construction Lien Law, against the
  975  unit or condominium parcel of any unit owner not expressly
  976  consenting to or requesting the labor or materials. Labor
  977  performed on or materials furnished for the installation of a
  978  natural gas fuel station or an electric electronic vehicle
  979  charging station under pursuant to s. 718.113(8) may not be the
  980  basis for filing a lien under part I of chapter 713 against the
  981  association, but such a lien may be filed against the unit
  982  owner. Labor performed on or materials furnished to the common
  983  elements are not the basis for a lien on the common elements,
  984  but if authorized by the association, the labor or materials are
  985  deemed to be performed or furnished with the express consent of
  986  each unit owner and may be the basis for the filing of a lien
  987  against all condominium parcels in the proportions for which the
  988  owners are liable for common expenses.
  989         (4) Except as otherwise provided in this chapter, no lien
  990  may be filed by the association against a condominium unit until
  991  30 days after the date on which a notice of intent to file a
  992  lien has been delivered to the owner by registered or certified
  993  mail, return receipt requested, and by first-class United States
  994  mail to the owner at his or her last address as reflected in the
  995  records of the association, if the address is within the United
  996  States, and delivered to the owner at the address of the unit if
  997  the owner’s address as reflected in the records of the
  998  association is not the unit address. If the address reflected in
  999  the records is outside the United States, sending the notice to
 1000  that address and to the unit address by first-class United
 1001  States mail is sufficient. Delivery of the Notice is shall be
 1002  deemed to have been delivered given upon mailing as required by
 1003  this subsection, provided that it is. The notice must be in
 1004  substantially the following form:
 1005  
 1006                          NOTICE OF INTENT                         
 1007                      TO RECORD A CLAIM OF LIEN                    
 1008  
 1009         RE: Unit .... of ...(name of association)...
 1010  
 1011         The following amounts are currently due on your
 1012         account to ...(name of association)..., and must be
 1013         paid within 30 days after your receipt of this letter.
 1014         This letter shall serve as the association’s notice of
 1015         intent to record a Claim of Lien against your property
 1016         no sooner than 30 days after your receipt of this
 1017         letter, unless you pay in full the amounts set forth
 1018         below:
 1019  
 1020         Maintenance due ...(dates)...                      $.....
 1021         Late fee, if applicable                            $.....
 1022         Interest through ...(dates)...*                    $.....
 1023         Certified mail charges ...(dates)...               $.....
 1024         Other costs                                        $.....
 1025         TOTAL OUTSTANDING                                  $.....
 1026  
 1027         *Interest accrues at the rate of .... percent per annum.
 1028         Section 8. Section 718.1255, Florida Statutes, is amended
 1029  to read:
 1030         718.1255 Alternative dispute resolution; voluntary
 1031  mediation; mandatory nonbinding arbitration; legislative
 1032  findings.—
 1033         (1) DEFINITIONS.—As used in this section, the term
 1034  “dispute” means any disagreement between two or more parties
 1035  that involves:
 1036         (a) The authority of the board of directors, under this
 1037  chapter or association document, to:
 1038         1. Require any owner to take any action, or not to take any
 1039  action, involving that owner’s unit or the appurtenances
 1040  thereto.
 1041         2. Alter or add to a common area or element.
 1042         (b) The failure of a governing body, when required by this
 1043  chapter or an association document, to:
 1044         1. Properly conduct elections.
 1045         2. Give adequate notice of meetings or other actions.
 1046         3. Properly conduct meetings.
 1047         4. Allow inspection of books and records.
 1048         (c) A plan of termination pursuant to s. 718.117.
 1049  
 1050  “Dispute” does not include any disagreement that primarily
 1051  involves: title to any unit or common element; the
 1052  interpretation or enforcement of any warranty; the levy of a fee
 1053  or assessment, or the collection of an assessment levied against
 1054  a party; the eviction or other removal of a tenant from a unit;
 1055  alleged breaches of fiduciary duty by one or more directors; or
 1056  claims for damages to a unit based upon the alleged failure of
 1057  the association to maintain the common elements or condominium
 1058  property.
 1059         (2) VOLUNTARY MEDIATION.—Voluntary Mediation through
 1060  Citizen Dispute Settlement Centers as provided for in s. 44.201
 1061  is encouraged.
 1062         (3) LEGISLATIVE FINDINGS.—
 1063         (a) The Legislature finds that unit owners are frequently
 1064  at a disadvantage when litigating against an association.
 1065  Specifically, a condominium association, with its statutory
 1066  assessment authority, is often more able to bear the costs and
 1067  expenses of litigation than the unit owner who must rely on his
 1068  or her own financial resources to satisfy the costs of
 1069  litigation against the association.
 1070         (b) The Legislature finds that alternative dispute
 1071  resolution has been making progress in reducing court dockets
 1072  and trials and in offering a more efficient, cost-effective
 1073  option to court litigation. However, the Legislature also finds
 1074  that alternative dispute resolution should not be used as a
 1075  mechanism to encourage the filing of frivolous or nuisance
 1076  suits.
 1077         (c) There exists a need to develop a flexible means of
 1078  alternative dispute resolution that directs disputes to the most
 1079  efficient means of resolution.
 1080         (d) The high cost and significant delay of circuit court
 1081  litigation faced by unit owners in the state can be alleviated
 1082  by requiring nonbinding arbitration and mediation in appropriate
 1083  cases, thereby reducing delay and attorney attorney’s fees while
 1084  preserving the right of either party to have its case heard by a
 1085  jury, if applicable, in a court of law.
 1086         (4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
 1087  DISPUTES.—The Division of Florida Condominiums, Timeshares, and
 1088  Mobile Homes of the Department of Business and Professional
 1089  Regulation may employ full-time attorneys to act as arbitrators
 1090  to conduct the arbitration hearings provided by this chapter.
 1091  The division may also certify attorneys who are not employed by
 1092  the division to act as arbitrators to conduct the arbitration
 1093  hearings provided by this chapter. A No person may not be
 1094  employed by the department as a full-time arbitrator unless he
 1095  or she is a member in good standing of The Florida Bar. A person
 1096  may only be certified by the division to act as an arbitrator if
 1097  he or she has been a member in good standing of The Florida Bar
 1098  for at least 5 years and has mediated or arbitrated at least 10
 1099  disputes involving condominiums in this state during the 3 years
 1100  immediately preceding the date of application, mediated or
 1101  arbitrated at least 30 disputes in any subject area in this
 1102  state during the 3 years immediately preceding the date of
 1103  application, or attained board certification in real estate law
 1104  or condominium and planned development law from The Florida Bar.
 1105  Arbitrator certification is valid for 1 year. An arbitrator who
 1106  does not maintain the minimum qualifications for initial
 1107  certification may not have his or her certification renewed. The
 1108  department may not enter into a legal services contract for an
 1109  arbitration hearing under this chapter with an attorney who is
 1110  not a certified arbitrator unless a certified arbitrator is not
 1111  available within 50 miles of the dispute. The department shall
 1112  adopt rules of procedure to govern such arbitration hearings
 1113  including mediation incident thereto. The decision of an
 1114  arbitrator is shall be final; however, a decision is shall not
 1115  be deemed final agency action. Nothing in this provision shall
 1116  be construed to foreclose parties from proceeding in a trial de
 1117  novo unless the parties have agreed that the arbitration is
 1118  binding. If judicial proceedings are initiated, the final
 1119  decision of the arbitrator is shall be admissible in evidence in
 1120  the trial de novo.
 1121         (a) Before Prior to the institution of court litigation, a
 1122  party to a dispute, other than an election or recall dispute,
 1123  shall either petition the division for nonbinding arbitration or
 1124  initiate presuit mediation as provided in subsection (5).
 1125  Arbitration is binding on the parties if all parties in
 1126  arbitration agree to be bound in a writing filed in arbitration.
 1127  The petition must be accompanied by a filing fee in the amount
 1128  of $50. Filing fees collected under this section must be used to
 1129  defray the expenses of the alternative dispute resolution
 1130  program.
 1131         (b) The petition must recite, and have attached thereto,
 1132  supporting proof that the petitioner gave the respondents:
 1133         1. Advance written notice of the specific nature of the
 1134  dispute;
 1135         2. A demand for relief, and a reasonable opportunity to
 1136  comply or to provide the relief; and
 1137         3. Notice of the intention to file an arbitration petition
 1138  or other legal action in the absence of a resolution of the
 1139  dispute.
 1140  
 1141  Failure to include the allegations or proof of compliance with
 1142  these prerequisites requires dismissal of the petition without
 1143  prejudice.
 1144         (c) Upon receipt, the petition shall be promptly reviewed
 1145  by the division to determine the existence of a dispute and
 1146  compliance with the requirements of paragraphs (a) and (b). If
 1147  emergency relief is required and is not available through
 1148  arbitration, a motion to stay the arbitration may be filed. The
 1149  motion must be accompanied by a verified petition alleging facts
 1150  that, if proven, would support entry of a temporary injunction,
 1151  and if an appropriate motion and supporting papers are filed,
 1152  the division may abate the arbitration pending a court hearing
 1153  and disposition of a motion for temporary injunction.
 1154         (d) Upon determination by the division that a dispute
 1155  exists and that the petition substantially meets the
 1156  requirements of paragraphs (a) and (b) and any other applicable
 1157  rules, the division shall assign or enter into a contract with
 1158  an arbitrator and serve a copy of the petition upon all
 1159  respondents. The arbitrator shall conduct a hearing within 30
 1160  days after being assigned or entering into a contract unless the
 1161  petition is withdrawn or a continuance is granted for good cause
 1162  shown.
 1163         (e) Before or after the filing of the respondents’ answer
 1164  to the petition, any party may request that the arbitrator refer
 1165  the case to mediation under this section and any rules adopted
 1166  by the division. Upon receipt of a request for mediation, the
 1167  division shall promptly contact the parties to determine if
 1168  there is agreement that mediation would be appropriate. If all
 1169  parties agree, the dispute must be referred to mediation.
 1170  Notwithstanding a lack of an agreement by all parties, the
 1171  arbitrator may refer a dispute to mediation at any time.
 1172         (f) Upon referral of a case to mediation, the parties must
 1173  select a mutually acceptable mediator. To assist in the
 1174  selection, the arbitrator shall provide the parties with a list
 1175  of both volunteer and paid mediators that have been certified by
 1176  the division under s. 718.501. If the parties are unable to
 1177  agree on a mediator within the time allowed by the arbitrator,
 1178  the arbitrator shall appoint a mediator from the list of
 1179  certified mediators. If a case is referred to mediation, the
 1180  parties shall attend a mediation conference, as scheduled by the
 1181  parties and the mediator. If any party fails to attend a duly
 1182  noticed mediation conference, without the permission or approval
 1183  of the arbitrator or mediator, the arbitrator must impose
 1184  sanctions against the party, including the striking of any
 1185  pleadings filed, the entry of an order of dismissal or default
 1186  if appropriate, and the award of costs and attorney fees
 1187  incurred by the other parties. Unless otherwise agreed to by the
 1188  parties or as provided by order of the arbitrator, a party is
 1189  deemed to have appeared at a mediation conference by the
 1190  physical presence of the party or its representative having full
 1191  authority to settle without further consultation, provided that
 1192  an association may comply by having one or more representatives
 1193  present with full authority to negotiate a settlement and
 1194  recommend that the board of administration ratify and approve
 1195  such a settlement within 5 days from the date of the mediation
 1196  conference. The parties shall share equally the expense of
 1197  mediation, unless they agree otherwise.
 1198         (g) The purpose of mediation as provided for by this
 1199  section is to present the parties with an opportunity to resolve
 1200  the underlying dispute in good faith, and with a minimum
 1201  expenditure of time and resources.
 1202         (h) Mediation proceedings must generally be conducted in
 1203  accordance with the Florida Rules of Civil Procedure, and these
 1204  proceedings are privileged and confidential to the same extent
 1205  as court-ordered mediation. Persons who are not parties to the
 1206  dispute are not allowed to attend the mediation conference
 1207  without the consent of all parties, with the exception of
 1208  counsel for the parties and corporate representatives designated
 1209  to appear for a party. If the mediator declares an impasse after
 1210  a mediation conference has been held, the arbitration proceeding
 1211  terminates, unless all parties agree in writing to continue the
 1212  arbitration proceeding, in which case the arbitrator’s decision
 1213  shall be binding or nonbinding, as agreed upon by the parties;
 1214  in the arbitration proceeding, the arbitrator shall not consider
 1215  any evidence relating to the unsuccessful mediation except in a
 1216  proceeding to impose sanctions for failure to appear at the
 1217  mediation conference. If the parties do not agree to continue
 1218  arbitration, the arbitrator shall enter an order of dismissal,
 1219  and either party may institute a suit in a court of competent
 1220  jurisdiction. The parties may seek to recover any costs and
 1221  attorney fees incurred in connection with arbitration and
 1222  mediation proceedings under this section as part of the costs
 1223  and fees that may be recovered by the prevailing party in any
 1224  subsequent litigation.
 1225         (i) Arbitration shall be conducted according to rules
 1226  adopted by the division. The filing of a petition for
 1227  arbitration shall toll the applicable statute of limitations.
 1228         (j) At the request of any party to the arbitration, the
 1229  arbitrator shall issue subpoenas for the attendance of witnesses
 1230  and the production of books, records, documents, and other
 1231  evidence and any party on whose behalf a subpoena is issued may
 1232  apply to the court for orders compelling such attendance and
 1233  production. Subpoenas shall be served and shall be enforceable
 1234  in the manner provided by the Florida Rules of Civil Procedure.
 1235  Discovery may, in the discretion of the arbitrator, be permitted
 1236  in the manner provided by the Florida Rules of Civil Procedure.
 1237  Rules adopted by the division may authorize any reasonable
 1238  sanctions except contempt for a violation of the arbitration
 1239  procedural rules of the division or for the failure of a party
 1240  to comply with a reasonable nonfinal order issued by an
 1241  arbitrator which is not under judicial review.
 1242         (k) The arbitration decision shall be rendered within 30
 1243  days after the hearing and presented to the parties in writing.
 1244  An arbitration decision is final in those disputes in which the
 1245  parties have agreed to be bound. An arbitration decision is also
 1246  final if a complaint for a trial de novo is not filed in a court
 1247  of competent jurisdiction in which the condominium is located
 1248  within 30 days. The right to file for a trial de novo entitles
 1249  the parties to file a complaint in the appropriate trial court
 1250  for a judicial resolution of the dispute. The prevailing party
 1251  in an arbitration proceeding shall be awarded the costs of the
 1252  arbitration and reasonable attorney fees in an amount determined
 1253  by the arbitrator. Such an award shall include the costs and
 1254  reasonable attorney fees incurred in the arbitration proceeding
 1255  as well as the costs and reasonable attorney fees incurred in
 1256  preparing for and attending any scheduled mediation. An
 1257  arbitrator’s failure to render a written decision within 30 days
 1258  after the hearing may result in the cancellation of his or her
 1259  arbitration certification.
 1260         (l) The party who files a complaint for a trial de novo
 1261  shall be assessed the other party’s arbitration costs, court
 1262  costs, and other reasonable costs, including attorney fees,
 1263  investigation expenses, and expenses for expert or other
 1264  testimony or evidence incurred after the arbitration hearing if
 1265  the judgment upon the trial de novo is not more favorable than
 1266  the arbitration decision. If the judgment is more favorable, the
 1267  party who filed a complaint for trial de novo shall be awarded
 1268  reasonable court costs and attorney fees.
 1269         (m) Any party to an arbitration proceeding may enforce an
 1270  arbitration award by filing a petition in a court of competent
 1271  jurisdiction in which the condominium is located. A petition may
 1272  not be granted unless the time for appeal by the filing of a
 1273  complaint for trial de novo has expired. If a complaint for a
 1274  trial de novo has been filed, a petition may not be granted with
 1275  respect to an arbitration award that has been stayed. If the
 1276  petition for enforcement is granted, the petitioner shall
 1277  recover reasonable attorney fees and costs incurred in enforcing
 1278  the arbitration award. A mediation settlement may also be
 1279  enforced through the county or circuit court, as applicable, and
 1280  any costs and fees incurred in the enforcement of a settlement
 1281  agreement reached at mediation must be awarded to the prevailing
 1282  party in any enforcement action.
 1283         (5) PRESUIT MEDIATION.—In lieu of the initiation of
 1284  nonbinding arbitration as provided in subsections (1)-(4), a
 1285  party may submit a dispute to presuit mediation in accordance
 1286  with s. 720.311; however, election and recall disputes are not
 1287  eligible for mediation and such disputes must be arbitrated by
 1288  the division or filed in a court of competent jurisdiction.
 1289         (6) DISPUTES INVOLVING ELECTION IRREGULARITIES.—Every
 1290  arbitration petition received by the division and required to be
 1291  filed under this section challenging the legality of the
 1292  election of any director of the board of administration must be
 1293  handled on an expedited basis in the manner provided by the
 1294  division’s rules for recall arbitration disputes.
 1295         (7)(6) APPLICABILITY.—This section does not apply to a
 1296  nonresidential condominium unless otherwise specifically
 1297  provided for in the declaration of the nonresidential
 1298  condominium.
 1299         Section 9. Section 718.1265, Florida Statutes, is amended
 1300  to read:
 1301         718.1265 Association emergency powers.—
 1302         (1) To the extent allowed by law, and unless specifically
 1303  prohibited by the declaration of condominium, the articles, or
 1304  the bylaws of an association, and consistent with the provisions
 1305  of s. 617.0830, the board of administration, in response to
 1306  damage or injury caused by or anticipated in connection with an
 1307  emergency, as defined in s. 252.34(4), event for which a state
 1308  of emergency is declared pursuant to s. 252.36 in the locale in
 1309  which the condominium is located, may, but is not required to,
 1310  exercise the following powers:
 1311         (a) Conduct board meetings, committee meetings, elections,
 1312  and membership meetings, in whole or in part, by telephone,
 1313  real-time videoconferencing, or similar real-time electronic or
 1314  video communication with notice given as is practicable. Such
 1315  notice may be given in any practicable manner, including
 1316  publication, radio, United States mail, the Internet, electronic
 1317  transmission, public service announcements, and conspicuous
 1318  posting on the condominium property or association property or
 1319  any other means the board deems reasonable under the
 1320  circumstances. Notice of board decisions also may be
 1321  communicated as provided in this paragraph.
 1322         (b) Cancel and reschedule any association meeting.
 1323         (c) Name as assistant officers persons who are not
 1324  directors, which assistant officers shall have the same
 1325  authority as the executive officers to whom they are assistants
 1326  during the state of emergency to accommodate the incapacity or
 1327  unavailability of any officer of the association.
 1328         (d) Relocate the association’s principal office or
 1329  designate alternative principal offices.
 1330         (e) Enter into agreements with local counties and
 1331  municipalities to assist counties and municipalities with debris
 1332  removal.
 1333         (f) Implement a disaster plan or an emergency plan before,
 1334  during, or immediately following the event for which a state of
 1335  emergency is declared which may include, but is not limited to,
 1336  shutting down or off elevators; electricity; water, sewer, or
 1337  security systems; or air conditioners.
 1338         (g) Based upon advice of emergency management officials or
 1339  public health officials, or upon the advice of licensed
 1340  professionals retained by or otherwise available to the board,
 1341  determine any portion of the condominium property or association
 1342  property unavailable for entry or occupancy by unit owners,
 1343  family members, tenants, guests, agents, or invitees to protect
 1344  the health, safety, or welfare of such persons.
 1345         (h) Require the evacuation of the condominium property in
 1346  the event of a mandatory evacuation order in the locale in which
 1347  the condominium is located. Should any unit owner or other
 1348  occupant of a condominium fail or refuse to evacuate the
 1349  condominium property or association property where the board has
 1350  required evacuation, the association shall be immune from
 1351  liability or injury to persons or property arising from such
 1352  failure or refusal.
 1353         (i) Based upon advice of emergency management officials or
 1354  public health officials, or upon the advice of licensed
 1355  professionals retained by or otherwise available to the board,
 1356  determine whether the condominium property, association
 1357  property, or any portion thereof can be safely inhabited,
 1358  accessed, or occupied. However, such determination is not
 1359  conclusive as to any determination of habitability pursuant to
 1360  the declaration.
 1361         (j) Mitigate further damage, injury, or contagion,
 1362  including taking action to contract for the removal of debris
 1363  and to prevent or mitigate the spread of fungus or contagion,
 1364  including, but not limited to, mold or mildew, by removing and
 1365  disposing of wet drywall, insulation, carpet, cabinetry, or
 1366  other fixtures on or within the condominium property, even if
 1367  the unit owner is obligated by the declaration or law to insure
 1368  or replace those fixtures and to remove personal property from a
 1369  unit.
 1370         (k) Contract, on behalf of any unit owner or owners, for
 1371  items or services for which the owners are otherwise
 1372  individually responsible, but which are necessary to prevent
 1373  further injury, contagion, or damage to the condominium property
 1374  or association property. In such event, the unit owner or owners
 1375  on whose behalf the board has contracted are responsible for
 1376  reimbursing the association for the actual costs of the items or
 1377  services, and the association may use its lien authority
 1378  provided by s. 718.116 to enforce collection of the charges.
 1379  Without limitation, such items or services may include the
 1380  drying of units, the boarding of broken windows or doors, and
 1381  the replacement of damaged air conditioners or air handlers to
 1382  provide climate control in the units or other portions of the
 1383  property, and the sanitizing of the condominium property or
 1384  association property, as applicable.
 1385         (l) Regardless of any provision to the contrary and even if
 1386  such authority does not specifically appear in the declaration
 1387  of condominium, articles, or bylaws of the association, levy
 1388  special assessments without a vote of the owners.
 1389         (m) Without unit owners’ approval, borrow money and pledge
 1390  association assets as collateral to fund emergency repairs and
 1391  carry out the duties of the association when operating funds are
 1392  insufficient. This paragraph does not limit the general
 1393  authority of the association to borrow money, subject to such
 1394  restrictions as are contained in the declaration of condominium,
 1395  articles, or bylaws of the association.
 1396         (2) The special powers authorized under subsection (1)
 1397  shall be limited to that time reasonably necessary to protect
 1398  the health, safety, and welfare of the association and the unit
 1399  owners and the unit owners’ family members, tenants, guests,
 1400  agents, or invitees and shall be reasonably necessary to
 1401  mitigate further damage, injury, or contagion and make emergency
 1402  repairs.
 1403         (3)Notwithstanding paragraphs (1)(f)-(i), during a state
 1404  of emergency declared by executive order or proclamation of the
 1405  Governor pursuant to s. 252.36, an association may not prohibit
 1406  unit owners, tenants, guests, agents, or invitees of a unit
 1407  owner from accessing the unit and the common elements and
 1408  limited common elements appurtenant thereto for the purposes of
 1409  ingress to and egress from the unit and when access is necessary
 1410  in connection with:
 1411         (a)The sale, lease, or other transfer of title of a unit;
 1412  or
 1413         (b)The habitability of the unit or for the health and
 1414  safety of such person unless a governmental order or
 1415  determination, or a public health directive from the Centers for
 1416  Disease Control and Prevention, has been issued prohibiting such
 1417  access to the unit. Any such access is subject to reasonable
 1418  restrictions adopted by the association.
 1419         Section 10. Subsection (3) of section 718.202, Florida
 1420  Statutes, is amended to read:
 1421         718.202 Sales or reservation deposits prior to closing.—
 1422         (3) If the contract for sale of the condominium unit so
 1423  provides, the developer may withdraw escrow funds in excess of
 1424  10 percent of the purchase price from the special account
 1425  required by subsection (2) when the construction of improvements
 1426  has begun. He or she may use the funds for the actual costs
 1427  incurred by the developer in the actual construction and
 1428  development of the condominium property in which the unit to be
 1429  sold is located. For purposes of this subsection, the term
 1430  “actual costs” includes, but is not limited to, expenditures for
 1431  demolition, site clearing, permit fees, impact fees, and utility
 1432  reservation fees, as well as architectural, engineering, and
 1433  surveying fees that directly relate to construction and
 1434  development of the condominium property. However, no part of
 1435  these funds may be used for salaries, commissions, or expenses
 1436  of salespersons; or for advertising, marketing, or promotional
 1437  purposes; or for loan fees and costs, principal and interest on
 1438  loans, attorney fees, accounting fees, or insurance costs. A
 1439  contract which permits use of the advance payments for these
 1440  purposes shall include the following legend conspicuously
 1441  printed or stamped in boldfaced type on the first page of the
 1442  contract and immediately above the place for the signature of
 1443  the buyer: ANY PAYMENT IN EXCESS OF 10 PERCENT OF THE PURCHASE
 1444  PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS
 1445  CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER.
 1446         Section 11. Subsection (1) and paragraph (b) of subsection
 1447  (3) of section 718.303, Florida Statutes, are amended to read:
 1448         718.303 Obligations of owners and occupants; remedies.—
 1449         (1) Each unit owner, each tenant and other invitee, and
 1450  each association is governed by, and must comply with the
 1451  provisions of, this chapter, the declaration, the documents
 1452  creating the association, and the association bylaws which are
 1453  shall be deemed expressly incorporated into any lease of a unit.
 1454  Actions at law or in equity for damages or for injunctive
 1455  relief, or both, for failure to comply with these provisions may
 1456  be brought by the association or by a unit owner against:
 1457         (a) The association.
 1458         (b) A unit owner.
 1459         (c) Directors designated by the developer, for actions
 1460  taken by them before control of the association is assumed by
 1461  unit owners other than the developer.
 1462         (d) Any director who willfully and knowingly fails to
 1463  comply with these provisions.
 1464         (e) Any tenant leasing a unit, and any other invitee
 1465  occupying a unit.
 1466  
 1467  The prevailing party in any such action or in any action in
 1468  which the purchaser claims a right of voidability based upon
 1469  contractual provisions as required in s. 718.503(1)(a) is
 1470  entitled to recover reasonable attorney attorney’s fees. A unit
 1471  owner prevailing in an action between the association and the
 1472  unit owner under this subsection section, in addition to
 1473  recovering his or her reasonable attorney attorney’s fees, may
 1474  recover additional amounts as determined by the court to be
 1475  necessary to reimburse the unit owner for his or her share of
 1476  assessments levied by the association to fund its expenses of
 1477  the litigation. This relief does not exclude other remedies
 1478  provided by law. Actions arising under this subsection are not
 1479  considered may not be deemed to be actions for specific
 1480  performance.
 1481         (3) The association may levy reasonable fines for the
 1482  failure of the owner of the unit or its occupant, licensee, or
 1483  invitee to comply with any provision of the declaration, the
 1484  association bylaws, or reasonable rules of the association. A
 1485  fine may not become a lien against a unit. A fine may be levied
 1486  by the board on the basis of each day of a continuing violation,
 1487  with a single notice and opportunity for hearing before a
 1488  committee as provided in paragraph (b). However, the fine may
 1489  not exceed $100 per violation, or $1,000 in the aggregate.
 1490         (b) A fine or suspension levied by the board of
 1491  administration may not be imposed unless the board first
 1492  provides at least 14 days’ written notice to the unit owner and,
 1493  if applicable, any tenant occupant, licensee, or invitee of the
 1494  unit owner sought to be fined or suspended, and an opportunity
 1495  for a hearing before a committee of at least three members
 1496  appointed by the board who are not officers, directors, or
 1497  employees of the association, or the spouse, parent, child,
 1498  brother, or sister of an officer, director, or employee. The
 1499  role of the committee is limited to determining whether to
 1500  confirm or reject the fine or suspension levied by the board. If
 1501  the committee does not approve the proposed fine or suspension
 1502  by majority vote, the fine or suspension may not be imposed. If
 1503  the proposed fine or suspension is approved by the committee,
 1504  the fine payment is due 5 days after notice of the approved fine
 1505  is provided to the unit owner and, if applicable, to any tenant,
 1506  licensee, or invitee of the unit owner the date of the committee
 1507  meeting at which the fine is approved. The association must
 1508  provide written notice of such fine or suspension by mail or
 1509  hand delivery to the unit owner and, if applicable, to any
 1510  tenant, licensee, or invitee of the unit owner.
 1511         Section 12. Subsection (5) is added to section 718.405,
 1512  Florida Statutes, to read:
 1513         718.405 Multicondominiums; multicondominium associations.—
 1514         (5) This section does not prevent or restrict a
 1515  multicondominium association from adopting a consolidated or
 1516  combined declaration of condominium if such declaration complies
 1517  with s. 718.104 and does not serve to merge the condominiums or
 1518  change the legal descriptions of the condominium parcels as set
 1519  forth in s. 718.109, unless accomplished in accordance with law.
 1520  This section is intended to clarify existing law and applies to
 1521  associations existing on July 1, 2021.
 1522         Section 13. Section 718.501, Florida Statutes, is amended
 1523  to read:
 1524         718.501 Authority, responsibility, and duties of Division
 1525  of Florida Condominiums, Timeshares, and Mobile Homes.—
 1526         (1) The division may enforce and ensure compliance with the
 1527  provisions of this chapter and rules relating to the
 1528  development, construction, sale, lease, ownership, operation,
 1529  and management of residential condominium units. In performing
 1530  its duties, the division has complete jurisdiction to
 1531  investigate complaints and enforce compliance with respect to
 1532  associations that are still under developer control or the
 1533  control of a bulk assignee or bulk buyer pursuant to part VII of
 1534  this chapter and complaints against developers, bulk assignees,
 1535  or bulk buyers involving improper turnover or failure to
 1536  turnover, pursuant to s. 718.301. However, after turnover has
 1537  occurred, the division has jurisdiction to investigate
 1538  complaints related only to financial issues, elections, and the
 1539  maintenance of and unit owner access to association records
 1540  under pursuant to s. 718.111(12).
 1541         (a)1. The division may make necessary public or private
 1542  investigations within or outside this state to determine whether
 1543  any person has violated this chapter or any rule or order
 1544  hereunder, to aid in the enforcement of this chapter, or to aid
 1545  in the adoption of rules or forms.
 1546         2. The division may submit any official written report,
 1547  worksheet, or other related paper, or a duly certified copy
 1548  thereof, compiled, prepared, drafted, or otherwise made by and
 1549  duly authenticated by a financial examiner or analyst to be
 1550  admitted as competent evidence in any hearing in which the
 1551  financial examiner or analyst is available for cross-examination
 1552  and attests under oath that such documents were prepared as a
 1553  result of an examination or inspection conducted pursuant to
 1554  this chapter.
 1555         (b) The division may require or permit any person to file a
 1556  statement in writing, under oath or otherwise, as the division
 1557  determines, as to the facts and circumstances concerning a
 1558  matter to be investigated.
 1559         (c) For the purpose of any investigation under this
 1560  chapter, the division director or any officer or employee
 1561  designated by the division director may administer oaths or
 1562  affirmations, subpoena witnesses and compel their attendance,
 1563  take evidence, and require the production of any matter which is
 1564  relevant to the investigation, including the existence,
 1565  description, nature, custody, condition, and location of any
 1566  books, documents, or other tangible things and the identity and
 1567  location of persons having knowledge of relevant facts or any
 1568  other matter reasonably calculated to lead to the discovery of
 1569  material evidence. Upon the failure by a person to obey a
 1570  subpoena or to answer questions propounded by the investigating
 1571  officer and upon reasonable notice to all affected persons, the
 1572  division may apply to the circuit court for an order compelling
 1573  compliance.
 1574         (d) Notwithstanding any remedies available to unit owners
 1575  and associations, if the division has reasonable cause to
 1576  believe that a violation of any provision of this chapter or
 1577  related rule has occurred, the division may institute
 1578  enforcement proceedings in its own name against any developer,
 1579  bulk assignee, bulk buyer, association, officer, or member of
 1580  the board of administration, or its assignees or agents, as
 1581  follows:
 1582         1. The division may permit a person whose conduct or
 1583  actions may be under investigation to waive formal proceedings
 1584  and enter into a consent proceeding whereby orders, rules, or
 1585  letters of censure or warning, whether formal or informal, may
 1586  be entered against the person.
 1587         2. The division may issue an order requiring the developer,
 1588  bulk assignee, bulk buyer, association, developer-designated
 1589  officer, or developer-designated member of the board of
 1590  administration, developer-designated assignees or agents, bulk
 1591  assignee-designated assignees or agents, bulk buyer-designated
 1592  assignees or agents, community association manager, or community
 1593  association management firm to cease and desist from the
 1594  unlawful practice and take such affirmative action as in the
 1595  judgment of the division carry out the purposes of this chapter.
 1596  If the division finds that a developer, bulk assignee, bulk
 1597  buyer, association, officer, or member of the board of
 1598  administration, or its assignees or agents, is violating or is
 1599  about to violate any provision of this chapter, any rule adopted
 1600  or order issued by the division, or any written agreement
 1601  entered into with the division, and presents an immediate danger
 1602  to the public requiring an immediate final order, it may issue
 1603  an emergency cease and desist order reciting with particularity
 1604  the facts underlying such findings. The emergency cease and
 1605  desist order is effective for 90 days. If the division begins
 1606  nonemergency cease and desist proceedings, the emergency cease
 1607  and desist order remains effective until the conclusion of the
 1608  proceedings under ss. 120.569 and 120.57.
 1609         3. If a developer, bulk assignee, or bulk buyer, fails to
 1610  pay any restitution determined by the division to be owed, plus
 1611  any accrued interest at the highest rate permitted by law,
 1612  within 30 days after expiration of any appellate time period of
 1613  a final order requiring payment of restitution or the conclusion
 1614  of any appeal thereof, whichever is later, the division must
 1615  bring an action in circuit or county court on behalf of any
 1616  association, class of unit owners, lessees, or purchasers for
 1617  restitution, declaratory relief, injunctive relief, or any other
 1618  available remedy. The division may also temporarily revoke its
 1619  acceptance of the filing for the developer to which the
 1620  restitution relates until payment of restitution is made.
 1621         4. The division may petition the court for appointment of a
 1622  receiver or conservator. If appointed, the receiver or
 1623  conservator may take action to implement the court order to
 1624  ensure the performance of the order and to remedy any breach
 1625  thereof. In addition to all other means provided by law for the
 1626  enforcement of an injunction or temporary restraining order, the
 1627  circuit court may impound or sequester the property of a party
 1628  defendant, including books, papers, documents, and related
 1629  records, and allow the examination and use of the property by
 1630  the division and a court-appointed receiver or conservator.
 1631         5. The division may apply to the circuit court for an order
 1632  of restitution whereby the defendant in an action brought under
 1633  pursuant to subparagraph 4. is ordered to make restitution of
 1634  those sums shown by the division to have been obtained by the
 1635  defendant in violation of this chapter. At the option of the
 1636  court, such restitution is payable to the conservator or
 1637  receiver appointed under pursuant to subparagraph 4. or directly
 1638  to the persons whose funds or assets were obtained in violation
 1639  of this chapter.
 1640         6. The division may impose a civil penalty against a
 1641  developer, bulk assignee, or bulk buyer, or association, or its
 1642  assignee or agent, for any violation of this chapter or related
 1643  rule. The division may impose a civil penalty individually
 1644  against an officer or board member who willfully and knowingly
 1645  violates a provision of this chapter, adopted rule, or a final
 1646  order of the division; may order the removal of such individual
 1647  as an officer or from the board of administration or as an
 1648  officer of the association; and may prohibit such individual
 1649  from serving as an officer or on the board of a community
 1650  association for a period of time. The term “willfully and
 1651  knowingly” means that the division informed the officer or board
 1652  member that his or her action or intended action violates this
 1653  chapter, a rule adopted under this chapter, or a final order of
 1654  the division and that the officer or board member refused to
 1655  comply with the requirements of this chapter, a rule adopted
 1656  under this chapter, or a final order of the division. The
 1657  division, before initiating formal agency action under chapter
 1658  120, must afford the officer or board member an opportunity to
 1659  voluntarily comply, and an officer or board member who complies
 1660  within 10 days is not subject to a civil penalty. A penalty may
 1661  be imposed on the basis of each day of continuing violation, but
 1662  the penalty for any offense may not exceed $5,000. By January 1,
 1663  1998, The division shall adopt, by rule, penalty guidelines
 1664  applicable to possible violations or to categories of violations
 1665  of this chapter or rules adopted by the division. The guidelines
 1666  must specify a meaningful range of civil penalties for each such
 1667  violation of the statute and rules and must be based upon the
 1668  harm caused by the violation, the repetition of the violation,
 1669  and upon such other factors deemed relevant by the division. For
 1670  example, the division may consider whether the violations were
 1671  committed by a developer, bulk assignee, or bulk buyer, or
 1672  owner-controlled association, the size of the association, and
 1673  other factors. The guidelines must designate the possible
 1674  mitigating or aggravating circumstances that justify a departure
 1675  from the range of penalties provided by the rules. It is the
 1676  legislative intent that minor violations be distinguished from
 1677  those which endanger the health, safety, or welfare of the
 1678  condominium residents or other persons and that such guidelines
 1679  provide reasonable and meaningful notice to the public of likely
 1680  penalties that may be imposed for proscribed conduct. This
 1681  subsection does not limit the ability of the division to
 1682  informally dispose of administrative actions or complaints by
 1683  stipulation, agreed settlement, or consent order. All amounts
 1684  collected shall be deposited with the Chief Financial Officer to
 1685  the credit of the Division of Florida Condominiums, Timeshares,
 1686  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 1687  bulk buyer fails to pay the civil penalty and the amount deemed
 1688  to be owed to the association, the division shall issue an order
 1689  directing that such developer, bulk assignee, or bulk buyer
 1690  cease and desist from further operation until such time as the
 1691  civil penalty is paid or may pursue enforcement of the penalty
 1692  in a court of competent jurisdiction. If an association fails to
 1693  pay the civil penalty, the division shall pursue enforcement in
 1694  a court of competent jurisdiction, and the order imposing the
 1695  civil penalty or the cease and desist order is not effective
 1696  until 20 days after the date of such order. Any action commenced
 1697  by the division shall be brought in the county in which the
 1698  division has its executive offices or in the county where the
 1699  violation occurred.
 1700         7. If a unit owner presents the division with proof that
 1701  the unit owner has requested access to official records in
 1702  writing by certified mail, and that after 10 days the unit owner
 1703  again made the same request for access to official records in
 1704  writing by certified mail, and that more than 10 days has
 1705  elapsed since the second request and the association has still
 1706  failed or refused to provide access to official records as
 1707  required by this chapter, the division shall issue a subpoena
 1708  requiring production of the requested records where the records
 1709  are kept pursuant to s. 718.112.
 1710         8. In addition to subparagraph 6., the division may seek
 1711  the imposition of a civil penalty through the circuit court for
 1712  any violation for which the division may issue a notice to show
 1713  cause under paragraph (r). The civil penalty shall be at least
 1714  $500 but no more than $5,000 for each violation. The court may
 1715  also award to the prevailing party court costs and reasonable
 1716  attorney attorney’s fees and, if the division prevails, may also
 1717  award reasonable costs of investigation.
 1718         (e) The division may prepare and disseminate a prospectus
 1719  and other information to assist prospective owners, purchasers,
 1720  lessees, and developers of residential condominiums in assessing
 1721  the rights, privileges, and duties pertaining thereto.
 1722         (f) The division may adopt rules to administer and enforce
 1723  the provisions of this chapter.
 1724         (g) The division shall establish procedures for providing
 1725  notice to an association and the developer, bulk assignee, or
 1726  bulk buyer during the period in which the developer, bulk
 1727  assignee, or bulk buyer controls the association if the division
 1728  is considering the issuance of a declaratory statement with
 1729  respect to the declaration of condominium or any related
 1730  document governing such condominium community.
 1731         (h) The division shall furnish each association that pays
 1732  the fees required by paragraph (2)(a) a copy of this chapter, as
 1733  amended, and the rules adopted thereto on an annual basis.
 1734         (i) The division shall annually provide each association
 1735  with a summary of declaratory statements and formal legal
 1736  opinions relating to the operations of condominiums which were
 1737  rendered by the division during the previous year.
 1738         (j) The division shall provide training and educational
 1739  programs for condominium association board members and unit
 1740  owners. The training may, in the division’s discretion, include
 1741  web-based electronic media, and live training and seminars in
 1742  various locations throughout the state. The division may review
 1743  and approve education and training programs for board members
 1744  and unit owners offered by providers and shall maintain a
 1745  current list of approved programs and providers and make such
 1746  list available to board members and unit owners in a reasonable
 1747  and cost-effective manner.
 1748         (k) The division shall maintain a toll-free telephone
 1749  number accessible to condominium unit owners.
 1750         (l) The division shall develop a program to certify both
 1751  volunteer and paid mediators to provide mediation of condominium
 1752  disputes. The division shall provide, upon request, a list of
 1753  such mediators to any association, unit owner, or other
 1754  participant in alternative dispute resolution arbitration
 1755  proceedings under s. 718.1255 requesting a copy of the list. The
 1756  division shall include on the list of volunteer mediators only
 1757  the names of persons who have received at least 20 hours of
 1758  training in mediation techniques or who have mediated at least
 1759  20 disputes. In order to become initially certified by the
 1760  division, paid mediators must be certified by the Supreme Court
 1761  to mediate court cases in county or circuit courts. However, the
 1762  division may adopt, by rule, additional factors for the
 1763  certification of paid mediators, which must be related to
 1764  experience, education, or background. Any person initially
 1765  certified as a paid mediator by the division must, in order to
 1766  continue to be certified, comply with the factors or
 1767  requirements adopted by rule.
 1768         (m) If a complaint is made, the division must conduct its
 1769  inquiry with due regard for the interests of the affected
 1770  parties. Within 30 days after receipt of a complaint, the
 1771  division shall acknowledge the complaint in writing and notify
 1772  the complainant whether the complaint is within the jurisdiction
 1773  of the division and whether additional information is needed by
 1774  the division from the complainant. The division shall conduct
 1775  its investigation and, within 90 days after receipt of the
 1776  original complaint or of timely requested additional
 1777  information, take action upon the complaint. However, the
 1778  failure to complete the investigation within 90 days does not
 1779  prevent the division from continuing the investigation,
 1780  accepting or considering evidence obtained or received after 90
 1781  days, or taking administrative action if reasonable cause exists
 1782  to believe that a violation of this chapter or a rule has
 1783  occurred. If an investigation is not completed within the time
 1784  limits established in this paragraph, the division shall, on a
 1785  monthly basis, notify the complainant in writing of the status
 1786  of the investigation. When reporting its action to the
 1787  complainant, the division shall inform the complainant of any
 1788  right to a hearing under pursuant to ss. 120.569 and 120.57.
 1789         (n) Condominium association directors, officers, and
 1790  employees; condominium developers; bulk assignees, bulk buyers,
 1791  and community association managers; and community association
 1792  management firms have an ongoing duty to reasonably cooperate
 1793  with the division in any investigation under pursuant to this
 1794  section. The division shall refer to local law enforcement
 1795  authorities any person whom the division believes has altered,
 1796  destroyed, concealed, or removed any record, document, or thing
 1797  required to be kept or maintained by this chapter with the
 1798  purpose to impair its verity or availability in the department’s
 1799  investigation.
 1800         (o) The division may:
 1801         1. Contract with agencies in this state or other
 1802  jurisdictions to perform investigative functions; or
 1803         2. Accept grants-in-aid from any source.
 1804         (p) The division shall cooperate with similar agencies in
 1805  other jurisdictions to establish uniform filing procedures and
 1806  forms, public offering statements, advertising standards, and
 1807  rules and common administrative practices.
 1808         (q) The division shall consider notice to a developer, bulk
 1809  assignee, or bulk buyer to be complete when it is delivered to
 1810  the address of the developer, bulk assignee, or bulk buyer
 1811  currently on file with the division.
 1812         (r) In addition to its enforcement authority, the division
 1813  may issue a notice to show cause, which must provide for a
 1814  hearing, upon written request, in accordance with chapter 120.
 1815         (s) The division shall submit to the Governor, the
 1816  President of the Senate, the Speaker of the House of
 1817  Representatives, and the chairs of the legislative
 1818  appropriations committees an annual report that includes, but
 1819  need not be limited to, the number of training programs provided
 1820  for condominium association board members and unit owners, the
 1821  number of complaints received by type, the number and percent of
 1822  complaints acknowledged in writing within 30 days and the number
 1823  and percent of investigations acted upon within 90 days in
 1824  accordance with paragraph (m), and the number of investigations
 1825  exceeding the 90-day requirement. The annual report must also
 1826  include an evaluation of the division’s core business processes
 1827  and make recommendations for improvements, including statutory
 1828  changes. The report shall be submitted by September 30 following
 1829  the end of the fiscal year.
 1830         (2)(a) Each condominium association which operates more
 1831  than two units shall pay to the division an annual fee in the
 1832  amount of $4 for each residential unit in condominiums operated
 1833  by the association. If the fee is not paid by March 1, the
 1834  association shall be assessed a penalty of 10 percent of the
 1835  amount due, and the association will not have standing to
 1836  maintain or defend any action in the courts of this state until
 1837  the amount due, plus any penalty, is paid.
 1838         (b) All fees shall be deposited in the Division of Florida
 1839  Condominiums, Timeshares, and Mobile Homes Trust Fund as
 1840  provided by law.
 1841         Section 14. Section 718.5014, Florida Statutes, is amended
 1842  to read:
 1843         718.5014 Ombudsman location.—The ombudsman shall maintain
 1844  his or her principal office in a Leon County on the premises of
 1845  the division or, if suitable space cannot be provided there, at
 1846  another place convenient to the offices of the division which
 1847  will enable the ombudsman to expeditiously carry out the duties
 1848  and functions of his or her office. The ombudsman may establish
 1849  branch offices elsewhere in the state upon the concurrence of
 1850  the Governor.
 1851         Section 15. Subsection (25) of section 719.103, Florida
 1852  Statutes, is amended to read:
 1853         719.103 Definitions.—As used in this chapter:
 1854         (25) “Unit” means a part of the cooperative property which
 1855  is subject to exclusive use and possession. A unit may be
 1856  improvements, land, or land and improvements together, as
 1857  specified in the cooperative documents. An interest in a unit is
 1858  an interest in real property.
 1859         Section 16. Paragraph (c) of subsection (2) of section
 1860  719.104, Florida Statutes, is amended to read:
 1861         719.104 Cooperatives; access to units; records; financial
 1862  reports; assessments; purchase of leases.—
 1863         (2) OFFICIAL RECORDS.—
 1864         (c)The official records of the association are open to
 1865  inspection by any association member or the authorized
 1866  representative of such member at all reasonable times. The right
 1867  to inspect the records includes the right to make or obtain
 1868  copies, at the reasonable expense, if any, of the association
 1869  member. The association may adopt reasonable rules regarding the
 1870  frequency, time, location, notice, and manner of record
 1871  inspections and copying, but may not require a member to
 1872  demonstrate any purpose or state any reason for the inspection.
 1873  The failure of an association to provide the records within 10
 1874  working days after receipt of a written request creates a
 1875  rebuttable presumption that the association willfully failed to
 1876  comply with this paragraph. A member unit owner who is denied
 1877  access to official records is entitled to the actual damages or
 1878  minimum damages for the association’s willful failure to comply.
 1879  The minimum damages are $50 per calendar day for up to 10 days,
 1880  beginning on the 11th working day after receipt of the written
 1881  request. The failure to permit inspection entitles any person
 1882  prevailing in an enforcement action to recover reasonable
 1883  attorney fees from the person in control of the records who,
 1884  directly or indirectly, knowingly denied access to the records.
 1885  Any person who knowingly or intentionally defaces or destroys
 1886  accounting records that are required by this chapter to be
 1887  maintained during the period for which such records are required
 1888  to be maintained, or who knowingly or intentionally fails to
 1889  create or maintain accounting records that are required to be
 1890  created or maintained, with the intent of causing harm to the
 1891  association or one or more of its members, is personally subject
 1892  to a civil penalty under pursuant to s. 719.501(1)(d). The
 1893  association shall maintain an adequate number of copies of the
 1894  declaration, articles of incorporation, bylaws, and rules, and
 1895  all amendments to each of the foregoing, as well as the question
 1896  and answer sheet as described in s. 719.504 and year-end
 1897  financial information required by the department, on the
 1898  cooperative property to ensure their availability to members
 1899  unit owners and prospective purchasers, and may charge its
 1900  actual costs for preparing and furnishing these documents to
 1901  those requesting the same. An association shall allow a member
 1902  or his or her authorized representative to use a portable
 1903  device, including a smartphone, tablet, portable scanner, or any
 1904  other technology capable of scanning or taking photographs, to
 1905  make an electronic copy of the official records in lieu of the
 1906  association providing the member or his or her authorized
 1907  representative with a copy of such records. The association may
 1908  not charge a member or his or her authorized representative for
 1909  the use of a portable device. Notwithstanding this paragraph,
 1910  the following records shall not be accessible to members unit
 1911  owners:
 1912         1. Any record protected by the lawyer-client privilege as
 1913  described in s. 90.502 and any record protected by the work
 1914  product privilege, including any record prepared by an
 1915  association attorney or prepared at the attorney’s express
 1916  direction which reflects a mental impression, conclusion,
 1917  litigation strategy, or legal theory of the attorney or the
 1918  association, and which was prepared exclusively for civil or
 1919  criminal litigation or for adversarial administrative
 1920  proceedings, or which was prepared in anticipation of such
 1921  litigation or proceedings until the conclusion of the litigation
 1922  or proceedings.
 1923         2. Information obtained by an association in connection
 1924  with the approval of the lease, sale, or other transfer of a
 1925  unit.
 1926         3. Personnel records of association or management company
 1927  employees, including, but not limited to, disciplinary, payroll,
 1928  health, and insurance records. For purposes of this
 1929  subparagraph, the term “personnel records” does not include
 1930  written employment agreements with an association employee or
 1931  management company, or budgetary or financial records that
 1932  indicate the compensation paid to an association employee.
 1933         4. Medical records of unit owners.
 1934         5. Social security numbers, driver license numbers, credit
 1935  card numbers, e-mail addresses, telephone numbers, facsimile
 1936  numbers, emergency contact information, addresses of a unit
 1937  owner other than as provided to fulfill the association’s notice
 1938  requirements, and other personal identifying information of any
 1939  person, excluding the person’s name, unit designation, mailing
 1940  address, property address, and any address, e-mail address, or
 1941  facsimile number provided to the association to fulfill the
 1942  association’s notice requirements. Notwithstanding the
 1943  restrictions in this subparagraph, an association may print and
 1944  distribute to unit parcel owners a directory containing the
 1945  name, unit parcel address, and all telephone numbers of each
 1946  unit parcel owner. However, an owner may exclude his or her
 1947  telephone numbers from the directory by so requesting in writing
 1948  to the association. An owner may consent in writing to the
 1949  disclosure of other contact information described in this
 1950  subparagraph. The association is not liable for the inadvertent
 1951  disclosure of information that is protected under this
 1952  subparagraph if the information is included in an official
 1953  record of the association and is voluntarily provided by an
 1954  owner and not requested by the association.
 1955         6. Electronic security measures that are used by the
 1956  association to safeguard data, including passwords.
 1957         7. The software and operating system used by the
 1958  association which allow the manipulation of data, even if the
 1959  owner owns a copy of the same software used by the association.
 1960  The data is part of the official records of the association.
 1961         Section 17. Paragraphs (b), (f), and (l) of subsection (1)
 1962  of section 719.106, Florida Statutes, are amended, and
 1963  subsection (3) is added to that section, to read:
 1964         719.106 Bylaws; cooperative ownership.—
 1965         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1966  documents shall provide for the following, and if they do not,
 1967  they shall be deemed to include the following:
 1968         (b) Quorum; voting requirements; proxies.—
 1969         1. Unless otherwise provided in the bylaws, the percentage
 1970  of voting interests required to constitute a quorum at a meeting
 1971  of the members shall be a majority of voting interests, and
 1972  decisions shall be made by owners of a majority of the voting
 1973  interests. Unless otherwise provided in this chapter, or in the
 1974  articles of incorporation, bylaws, or other cooperative
 1975  documents, and except as provided in subparagraph (d)1.,
 1976  decisions shall be made by owners of a majority of the voting
 1977  interests represented at a meeting at which a quorum is present.
 1978         2. Except as specifically otherwise provided herein, after
 1979  January 1, 1992, unit owners may not vote by general proxy, but
 1980  may vote by limited proxies substantially conforming to a
 1981  limited proxy form adopted by the division. Limited proxies and
 1982  general proxies may be used to establish a quorum. Limited
 1983  proxies shall be used for votes taken to waive or reduce
 1984  reserves in accordance with subparagraph (j)2., for votes taken
 1985  to waive the financial reporting requirements of s.
 1986  719.104(4)(b), for votes taken to amend the articles of
 1987  incorporation or bylaws pursuant to this section, and for any
 1988  other matter for which this chapter requires or permits a vote
 1989  of the unit owners. Except as provided in paragraph (d), after
 1990  January 1, 1992, no proxy, limited or general, shall be used in
 1991  the election of board members. General proxies may be used for
 1992  other matters for which limited proxies are not required, and
 1993  may also be used in voting for nonsubstantive changes to items
 1994  for which a limited proxy is required and given. Notwithstanding
 1995  the provisions of this section, unit owners may vote in person
 1996  at unit owner meetings. Nothing contained herein shall limit the
 1997  use of general proxies or require the use of limited proxies or
 1998  require the use of limited proxies for any agenda item or
 1999  election at any meeting of a timeshare cooperative.
 2000         3. Any proxy given shall be effective only for the specific
 2001  meeting for which originally given and any lawfully adjourned
 2002  meetings thereof. In no event shall any proxy be valid for a
 2003  period longer than 90 days after the date of the first meeting
 2004  for which it was given. Every proxy shall be revocable at any
 2005  time at the pleasure of the unit owner executing it.
 2006         4. A member of the board of administration or a committee
 2007  may submit in writing his or her agreement or disagreement with
 2008  any action taken at a meeting that the member did not attend.
 2009  This agreement or disagreement may not be used as a vote for or
 2010  against the action taken and may not be used for the purposes of
 2011  creating a quorum.
 2012         5. A board member or committee member participating in a
 2013  meeting via telephone, real-time videoconferencing, or similar
 2014  real-time electronic or video communication counts toward a
 2015  quorum, and such member may vote as if physically present When
 2016  some or all of the board or committee members meet by telephone
 2017  conference, those board or committee members attending by
 2018  telephone conference may be counted toward obtaining a quorum
 2019  and may vote by telephone. A telephone speaker must shall be
 2020  used utilized so that the conversation of such those board or
 2021  committee members attending by telephone may be heard by the
 2022  board or committee members attending in person, as well as by
 2023  any unit owners present at a meeting.
 2024         (f) Recall of board members.—Subject to s. 719.301, any
 2025  member of the board of administration may be recalled and
 2026  removed from office with or without cause by the vote or
 2027  agreement in writing by a majority of all the voting interests.
 2028  A special meeting of the voting interests to recall any member
 2029  of the board of administration may be called by 10 percent of
 2030  the unit owners giving notice of the meeting as required for a
 2031  meeting of unit owners, and the notice shall state the purpose
 2032  of the meeting. Electronic transmission may not be used as a
 2033  method of giving notice of a meeting called in whole or in part
 2034  for this purpose.
 2035         1. If the recall is approved by a majority of all voting
 2036  interests by a vote at a meeting, the recall shall be effective
 2037  as provided in this paragraph. The board shall duly notice and
 2038  hold a board meeting within 5 full business days after the
 2039  adjournment of the unit owner meeting to recall one or more
 2040  board members. At the meeting, the board shall either certify
 2041  the recall, in which case such member or members shall be
 2042  recalled effective immediately and shall turn over to the board
 2043  within 5 full business days any and all records and property of
 2044  the association in their possession, or shall proceed as set
 2045  forth in subparagraph 3.
 2046         2. If the proposed recall is by an agreement in writing by
 2047  a majority of all voting interests, the agreement in writing or
 2048  a copy thereof shall be served on the association by certified
 2049  mail or by personal service in the manner authorized by chapter
 2050  48 and the Florida Rules of Civil Procedure. The board of
 2051  administration shall duly notice and hold a meeting of the board
 2052  within 5 full business days after receipt of the agreement in
 2053  writing. At the meeting, the board shall either certify the
 2054  written agreement to recall members of the board, in which case
 2055  such members shall be recalled effective immediately and shall
 2056  turn over to the board, within 5 full business days, any and all
 2057  records and property of the association in their possession, or
 2058  proceed as described in subparagraph 3.
 2059         3. If the board determines not to certify the written
 2060  agreement to recall members of the board, or does not certify
 2061  the recall by a vote at a meeting, the board shall, within 5
 2062  full business days after the board meeting, file with the
 2063  division a petition for binding arbitration under pursuant to
 2064  the procedures of s. 719.1255 or file an action with a court of
 2065  competent jurisdiction. For purposes of this paragraph, the unit
 2066  owners who voted at the meeting or who executed the agreement in
 2067  writing shall constitute one party under the petition for
 2068  arbitration or in a court action. If the arbitrator or court
 2069  certifies the recall as to any member of the board, the recall
 2070  is shall be effective upon the mailing of the final order of
 2071  arbitration to the association or the final order of the court.
 2072  If the association fails to comply with the order of the court
 2073  or the arbitrator, the division may take action under pursuant
 2074  to s. 719.501. Any member so recalled shall deliver to the board
 2075  any and all records and property of the association in the
 2076  member’s possession within 5 full business days after the
 2077  effective date of the recall.
 2078         4. If the board fails to duly notice and hold a board
 2079  meeting within 5 full business days after service of an
 2080  agreement in writing or within 5 full business days after the
 2081  adjournment of the unit owner recall meeting, the recall is
 2082  shall be deemed effective and the board members so recalled
 2083  shall immediately turn over to the board any and all records and
 2084  property of the association.
 2085         5. If the board fails to duly notice and hold the required
 2086  meeting or fails to file the required petition or action, the
 2087  unit owner representative may file a petition under pursuant to
 2088  s. 719.1255 or file an action in a court of competent
 2089  jurisdiction challenging the board’s failure to act. The
 2090  petition or action must be filed within 60 days after the
 2091  expiration of the applicable 5-full-business-day period. The
 2092  review of a petition or action under this subparagraph is
 2093  limited to the sufficiency of service on the board and the
 2094  facial validity of the written agreement or ballots filed.
 2095         6. If a vacancy occurs on the board as a result of a recall
 2096  and less than a majority of the board members are removed, the
 2097  vacancy may be filled by the affirmative vote of a majority of
 2098  the remaining directors, notwithstanding any provision to the
 2099  contrary contained in this chapter. If vacancies occur on the
 2100  board as a result of a recall and a majority or more of the
 2101  board members are removed, the vacancies shall be filled in
 2102  accordance with procedural rules to be adopted by the division,
 2103  which rules need not be consistent with this chapter. The rules
 2104  must provide procedures governing the conduct of the recall
 2105  election as well as the operation of the association during the
 2106  period after a recall but before the recall election.
 2107         7. A board member who has been recalled may file a petition
 2108  under pursuant to s. 719.1255 or file an action in a court of
 2109  competent jurisdiction challenging the validity of the recall.
 2110  The petition or action must be filed within 60 days after the
 2111  recall is deemed certified. The association and the unit owner
 2112  representative shall be named as the respondents.
 2113         8. The division or court may not accept for filing a recall
 2114  petition or action, whether filed under pursuant to subparagraph
 2115  1., subparagraph 2., subparagraph 5., or subparagraph 7. and
 2116  regardless of whether the recall was certified, when there are
 2117  60 or fewer days until the scheduled reelection of the board
 2118  member sought to be recalled or when 60 or fewer days have not
 2119  elapsed since the election of the board member sought to be
 2120  recalled.
 2121         (l) Alternative dispute resolution Arbitration.—There shall
 2122  be a provision for alternative dispute resolution mandatory
 2123  nonbinding arbitration of internal disputes arising from the
 2124  operation of the cooperative in accordance with s. 719.1255.
 2125         (3) GENERALLY.—The association may extinguish a
 2126  discriminatory restriction as provided under s. 712.065.
 2127         Section 18. Section 719.128, Florida Statutes, is amended
 2128  to read:
 2129         719.128 Association emergency powers.—
 2130         (1) To the extent allowed by law, unless specifically
 2131  prohibited by the cooperative documents, and consistent with s.
 2132  617.0830, the board of administration, in response to damage or
 2133  injury caused by or anticipated in connection with an emergency,
 2134  as defined in s. 252.34(4), event for which a state of emergency
 2135  is declared pursuant to s. 252.36 in the area encompassed by the
 2136  cooperative, may exercise the following powers:
 2137         (a) Conduct board meetings, committee meetings, elections,
 2138  or membership meetings, in whole or in part, by telephone, real
 2139  time videoconferencing, or similar real-time electronic or video
 2140  communication after notice of the meetings and board decisions
 2141  is provided in as practicable a manner as possible, including
 2142  via publication, radio, United States mail, the Internet,
 2143  electronic transmission, public service announcements,
 2144  conspicuous posting on the cooperative property, or any other
 2145  means the board deems appropriate under the circumstances.
 2146  Notice of decisions may also be communicated as provided in this
 2147  paragraph.
 2148         (b) Cancel and reschedule an association meeting.
 2149         (c) Designate assistant officers who are not directors. If
 2150  the executive officer is incapacitated or unavailable, the
 2151  assistant officer has the same authority during the state of
 2152  emergency as the executive officer he or she assists.
 2153         (d) Relocate the association’s principal office or
 2154  designate an alternative principal office.
 2155         (e) Enter into agreements with counties and municipalities
 2156  to assist counties and municipalities with debris removal.
 2157         (f) Implement a disaster or an emergency plan before,
 2158  during, or immediately following the event for which a state of
 2159  emergency is declared, which may include turning on or shutting
 2160  off elevators; electricity; water, sewer, or security systems;
 2161  or air conditioners for association buildings.
 2162         (g) Based upon the advice of emergency management officials
 2163  or public health officials, or upon the advice of licensed
 2164  professionals retained by or otherwise available to the board of
 2165  administration, determine any portion of the cooperative
 2166  property unavailable for entry or occupancy by unit owners or
 2167  their family members, tenants, guests, agents, or invitees to
 2168  protect their health, safety, or welfare.
 2169         (h) Based upon the advice of emergency management officials
 2170  or public health officials, or upon the advice of licensed
 2171  professionals retained by or otherwise available to the board of
 2172  administration, determine whether the cooperative property or
 2173  any portion thereof can be safely inhabited or occupied.
 2174  However, such determination is not conclusive as to any
 2175  determination of habitability pursuant to the cooperative
 2176  documents declaration.
 2177         (i) Require the evacuation of the cooperative property in
 2178  the event of a mandatory evacuation order in the area where the
 2179  cooperative is located or prohibit or restrict access to the
 2180  cooperative property in the event of a public health threat. If
 2181  a unit owner or other occupant of a cooperative fails to
 2182  evacuate the cooperative property for which the board has
 2183  required evacuation, the association is immune from liability
 2184  for injury to persons or property arising from such failure.
 2185         (j) Mitigate further damage, injury, or contagion,
 2186  including taking action to contract for the removal of debris
 2187  and to prevent or mitigate the spread of fungus, including mold
 2188  or mildew, by removing and disposing of wet drywall, insulation,
 2189  carpet, cabinetry, or other fixtures on or within the
 2190  cooperative property, regardless of whether the unit owner is
 2191  obligated by the cooperative documents declaration or law to
 2192  insure or replace those fixtures and to remove personal property
 2193  from a unit or to sanitize the cooperative property.
 2194         (k) Contract, on behalf of a unit owner, for items or
 2195  services for which the owner is otherwise individually
 2196  responsible, but which are necessary to prevent further injury,
 2197  contagion, or damage to the cooperative property. In such event,
 2198  the unit owner on whose behalf the board has contracted is
 2199  responsible for reimbursing the association for the actual costs
 2200  of the items or services, and the association may use its lien
 2201  authority provided by s. 719.108 to enforce collection of the
 2202  charges. Such items or services may include the drying of the
 2203  unit, the boarding of broken windows or doors, and the
 2204  replacement of a damaged air conditioner or air handler to
 2205  provide climate control in the unit or other portions of the
 2206  property, and the sanitizing of the cooperative property.
 2207         (l) Notwithstanding a provision to the contrary, and
 2208  regardless of whether such authority does not specifically
 2209  appear in the cooperative documents, levy special assessments
 2210  without a vote of the owners.
 2211         (m) Without unit owners’ approval, borrow money and pledge
 2212  association assets as collateral to fund emergency repairs and
 2213  carry out the duties of the association if operating funds are
 2214  insufficient. This paragraph does not limit the general
 2215  authority of the association to borrow money, subject to such
 2216  restrictions contained in the cooperative documents.
 2217         (2) The authority granted under subsection (1) is limited
 2218  to that time reasonably necessary to protect the health, safety,
 2219  and welfare of the association and the unit owners and their
 2220  family members, tenants, guests, agents, or invitees, and to
 2221  mitigate further damage, injury, or contagion and make emergency
 2222  repairs.
 2223         (3)Notwithstanding paragraphs (1)(f)-(i), during a state
 2224  of emergency declared by executive order or proclamation of the
 2225  Governor pursuant to s. 252.36, an association may not prohibit
 2226  unit owners, tenants, guests, agents, or invitees of a unit
 2227  owner from accessing the common elements and limited common
 2228  elements appurtenant thereto for the purposes of ingress to and
 2229  egress from the unit when access is necessary in connection
 2230  with:
 2231         (a)The sale, lease, or other transfer of title of a unit;
 2232  or
 2233         (b)The habitability of the unit or for the health and
 2234  safety of such person unless a governmental order or
 2235  determination, or a public health directive from the Centers for
 2236  Disease Control and Prevention, has been issued prohibiting such
 2237  access to the unit. Any such access is subject to reasonable
 2238  restrictions adopted by the association.
 2239         Section 19. Subsection (8) of section 720.301, Florida
 2240  Statutes, is amended to read:
 2241         720.301 Definitions.—As used in this chapter, the term:
 2242         (8) “Governing documents” means:
 2243         (a) The recorded declaration of covenants for a community
 2244  and all duly adopted and recorded amendments, supplements, and
 2245  recorded exhibits thereto; and
 2246         (b) The articles of incorporation and bylaws of the
 2247  homeowners’ association and any duly adopted amendments thereto;
 2248  and
 2249         (c) Rules and regulations adopted under the authority of
 2250  the recorded declaration, articles of incorporation, or bylaws
 2251  and duly adopted amendments thereto.
 2252         Section 20. Present paragraph (l) of subsection (4) of
 2253  section 720.303, Florida Statutes, is redesignated as paragraph
 2254  (m) and amended, a new paragraph (l) is added to that
 2255  subsection, and paragraph (c) of subsection (2), paragraph (c)
 2256  of subsection (5), paragraphs (c) and (d) of subsection (6), and
 2257  paragraphs (b), (d), (g), (k), and (l) of subsection (10) are
 2258  amended, to read:
 2259         720.303 Association powers and duties; meetings of board;
 2260  official records; budgets; financial reporting; association
 2261  funds; recalls.—
 2262         (2) BOARD MEETINGS.—
 2263         (c) The bylaws shall provide the following for giving
 2264  notice to parcel owners and members of all board meetings and,
 2265  if they do not do so, shall be deemed to include the following:
 2266         1. Notices of all board meetings must be posted in a
 2267  conspicuous place in the community at least 48 hours in advance
 2268  of a meeting, except in an emergency. In the alternative, if
 2269  notice is not posted in a conspicuous place in the community,
 2270  notice of each board meeting must be mailed or delivered to each
 2271  member at least 7 days before the meeting, except in an
 2272  emergency. Notwithstanding this general notice requirement, for
 2273  communities with more than 100 members, the association bylaws
 2274  may provide for a reasonable alternative to posting or mailing
 2275  of notice for each board meeting, including publication of
 2276  notice, provision of a schedule of board meetings, or the
 2277  conspicuous posting and repeated broadcasting of the notice on a
 2278  closed-circuit cable television system serving the homeowners’
 2279  association. However, if broadcast notice is used in lieu of a
 2280  notice posted physically in the community, the notice must be
 2281  broadcast at least four times every broadcast hour of each day
 2282  that a posted notice is otherwise required. When broadcast
 2283  notice is provided, the notice and agenda must be broadcast in a
 2284  manner and for a sufficient continuous length of time so as to
 2285  allow an average reader to observe the notice and read and
 2286  comprehend the entire content of the notice and the agenda. In
 2287  addition to any of the authorized means of providing notice of a
 2288  meeting of the board, the association may, by rule, adopt a
 2289  procedure for conspicuously posting the meeting notice and the
 2290  agenda on the association’s website or an application that can
 2291  be downloaded on a mobile device for at least the minimum period
 2292  of time for which a notice of a meeting is also required to be
 2293  physically posted on the association property. Any rule adopted
 2294  must, in addition to other matters, include a requirement that
 2295  the association send an electronic notice to members whose e
 2296  mail addresses are included in the association’s official
 2297  records in the same manner as is required for a notice of a
 2298  meeting of the members. Such notice must include a hyperlink to
 2299  the website or such mobile application on which the meeting
 2300  notice is posted. The association may provide notice by
 2301  electronic transmission in a manner authorized by law for
 2302  meetings of the board of directors, committee meetings requiring
 2303  notice under this section, and annual and special meetings of
 2304  the members to any member who has provided a facsimile number or
 2305  e-mail address to the association to be used for such purposes;
 2306  however, a member must consent in writing to receiving notice by
 2307  electronic transmission.
 2308         2. An assessment may not be levied at a board meeting
 2309  unless the notice of the meeting includes a statement that
 2310  assessments will be considered and the nature of the
 2311  assessments. Written notice of any meeting at which special
 2312  assessments will be considered or at which amendments to rules
 2313  regarding parcel use will be considered must be mailed,
 2314  delivered, or electronically transmitted to the members and
 2315  parcel owners and posted conspicuously on the property or
 2316  broadcast on closed-circuit cable television not less than 14
 2317  days before the meeting.
 2318         3. Directors may not vote by proxy or by secret ballot at
 2319  board meetings, except that secret ballots may be used in the
 2320  election of officers. This subsection also applies to the
 2321  meetings of any committee or other similar body, when a final
 2322  decision will be made regarding the expenditure of association
 2323  funds, and to any body vested with the power to approve or
 2324  disapprove architectural decisions with respect to a specific
 2325  parcel of residential property owned by a member of the
 2326  community.
 2327         (4) OFFICIAL RECORDS.—The association shall maintain each
 2328  of the following items, when applicable, which constitute the
 2329  official records of the association:
 2330         (l) Ballots, sign-in sheets, voting proxies, and all other
 2331  papers and electronic records relating to voting by parcel
 2332  owners, which must be maintained for at least 1 year after the
 2333  date of the election, vote, or meeting.
 2334         (m)(l) All other written records of the association not
 2335  specifically included in this subsection the foregoing which are
 2336  related to the operation of the association.
 2337         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 2338  shall be maintained within the state for at least 7 years and
 2339  shall be made available to a parcel owner for inspection or
 2340  photocopying within 45 miles of the community or within the
 2341  county in which the association is located within 10 business
 2342  days after receipt by the board or its designee of a written
 2343  request. This subsection may be complied with by having a copy
 2344  of the official records available for inspection or copying in
 2345  the community or, at the option of the association, by making
 2346  the records available to a parcel owner electronically via the
 2347  Internet or by allowing the records to be viewed in electronic
 2348  format on a computer screen and printed upon request. If the
 2349  association has a photocopy machine available where the records
 2350  are maintained, it must provide parcel owners with copies on
 2351  request during the inspection if the entire request is limited
 2352  to no more than 25 pages. An association shall allow a member or
 2353  his or her authorized representative to use a portable device,
 2354  including a smartphone, tablet, portable scanner, or any other
 2355  technology capable of scanning or taking photographs, to make an
 2356  electronic copy of the official records in lieu of the
 2357  association’s providing the member or his or her authorized
 2358  representative with a copy of such records. The association may
 2359  not charge a fee to a member or his or her authorized
 2360  representative for the use of a portable device.
 2361         (c) The association may adopt reasonable written rules
 2362  governing the frequency, time, location, notice, records to be
 2363  inspected, and manner of inspections, but may not require a
 2364  parcel owner to demonstrate any proper purpose for the
 2365  inspection, state any reason for the inspection, or limit a
 2366  parcel owner’s right to inspect records to less than one 8-hour
 2367  business day per month. The association may impose fees to cover
 2368  the costs of providing copies of the official records, including
 2369  the costs of copying and the costs required for personnel to
 2370  retrieve and copy the records if the time spent retrieving and
 2371  copying the records exceeds one-half hour and if the personnel
 2372  costs do not exceed $20 per hour. Personnel costs may not be
 2373  charged for records requests that result in the copying of 25 or
 2374  fewer pages. The association may charge up to 25 cents per page
 2375  for copies made on the association’s photocopier. If the
 2376  association does not have a photocopy machine available where
 2377  the records are kept, or if the records requested to be copied
 2378  exceed 25 pages in length, the association may have copies made
 2379  by an outside duplicating service and may charge the actual cost
 2380  of copying, as supported by the vendor invoice. The association
 2381  shall maintain an adequate number of copies of the recorded
 2382  governing documents, to ensure their availability to members and
 2383  prospective members. Notwithstanding this paragraph, the
 2384  following records are not accessible to members or parcel
 2385  owners:
 2386         1. Any record protected by the lawyer-client privilege as
 2387  described in s. 90.502 and any record protected by the work
 2388  product privilege, including, but not limited to, a record
 2389  prepared by an association attorney or prepared at the
 2390  attorney’s express direction which reflects a mental impression,
 2391  conclusion, litigation strategy, or legal theory of the attorney
 2392  or the association and which was prepared exclusively for civil
 2393  or criminal litigation or for adversarial administrative
 2394  proceedings or which was prepared in anticipation of such
 2395  litigation or proceedings until the conclusion of the litigation
 2396  or proceedings.
 2397         2. Information obtained by an association in connection
 2398  with the approval of the lease, sale, or other transfer of a
 2399  parcel.
 2400         3. Information an association obtains in a gated community
 2401  in connection with guests’ visits to parcel owners or community
 2402  residents.
 2403         4. Personnel records of association or management company
 2404  employees, including, but not limited to, disciplinary, payroll,
 2405  health, and insurance records. For purposes of this
 2406  subparagraph, the term “personnel records” does not include
 2407  written employment agreements with an association or management
 2408  company employee or budgetary or financial records that indicate
 2409  the compensation paid to an association or management company
 2410  employee.
 2411         5.4. Medical records of parcel owners or community
 2412  residents.
 2413         6.5. Social security numbers, driver license numbers,
 2414  credit card numbers, electronic mailing addresses, telephone
 2415  numbers, facsimile numbers, emergency contact information, any
 2416  addresses for a parcel owner other than as provided for
 2417  association notice requirements, and other personal identifying
 2418  information of any person, excluding the person’s name, parcel
 2419  designation, mailing address, and property address.
 2420  Notwithstanding the restrictions in this subparagraph, an
 2421  association may print and distribute to parcel owners a
 2422  directory containing the name, parcel address, and all telephone
 2423  numbers of each parcel owner. However, an owner may exclude his
 2424  or her telephone numbers from the directory by so requesting in
 2425  writing to the association. An owner may consent in writing to
 2426  the disclosure of other contact information described in this
 2427  subparagraph. The association is not liable for the disclosure
 2428  of information that is protected under this subparagraph if the
 2429  information is included in an official record of the association
 2430  and is voluntarily provided by an owner and not requested by the
 2431  association.
 2432         7.6. Any electronic security measure that is used by the
 2433  association to safeguard data, including passwords.
 2434         8.7. The software and operating system used by the
 2435  association which allows the manipulation of data, even if the
 2436  owner owns a copy of the same software used by the association.
 2437  The data is part of the official records of the association.
 2438         (6) BUDGETS.—
 2439         (c)1. If the budget of the association does not provide for
 2440  reserve accounts under pursuant to paragraph (d), or the
 2441  declaration of covenants, articles, or bylaws do not obligate
 2442  the developer to create reserves, and the association is
 2443  responsible for the repair and maintenance of capital
 2444  improvements that may result in a special assessment if reserves
 2445  are not provided or not fully funded, each financial report for
 2446  the preceding fiscal year required by subsection (7) must
 2447  contain the following statement in conspicuous type:
 2448  
 2449  THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR FULLY FUNDED
 2450  RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES AND DEFERRED
 2451  MAINTENANCE THAT MAY RESULT IN SPECIAL ASSESSMENTS REGARDING
 2452  THOSE ITEMS. OWNERS MAY ELECT TO PROVIDE FOR FULLY FUNDED
 2453  RESERVE ACCOUNTS UNDER PURSUANT TO SECTION 720.303(6), FLORIDA
 2454  STATUTES, UPON OBTAINING THE APPROVAL OF A MAJORITY OF THE TOTAL
 2455  VOTING INTERESTS OF THE ASSOCIATION BY VOTE OF THE MEMBERS AT A
 2456  MEETING OR BY WRITTEN CONSENT.
 2457         2. If the budget of the association does provide for
 2458  funding accounts for deferred expenditures, including, but not
 2459  limited to, funds for capital expenditures and deferred
 2460  maintenance, but such accounts are not created or established
 2461  under pursuant to paragraph (d), each financial report for the
 2462  preceding fiscal year required under subsection (7) must also
 2463  contain the following statement in conspicuous type:
 2464  THE BUDGET OF THE ASSOCIATION PROVIDES FOR LIMITED VOLUNTARY
 2465  DEFERRED EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES
 2466  AND DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED
 2467  IN OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED
 2468  TO PROVIDE FOR RESERVE ACCOUNTS UNDER PURSUANT TO SECTION
 2469  720.303(6), FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE
 2470  RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR
 2471  ARE RESERVES CALCULATED IN ACCORDANCE WITH THAT STATUTE.
 2472         (d) An association is deemed to have provided for reserve
 2473  accounts if reserve accounts have been initially established by
 2474  the developer or if the membership of the association
 2475  affirmatively elects to provide for reserves. If reserve
 2476  accounts are established by the developer, the budget must
 2477  designate the components for which the reserve accounts may be
 2478  used. If reserve accounts are not initially provided by the
 2479  developer, the membership of the association may elect to do so
 2480  upon the affirmative approval of a majority of the total voting
 2481  interests of the association. Such approval may be obtained by
 2482  vote of the members at a duly called meeting of the membership
 2483  or by the written consent of a majority of the total voting
 2484  interests of the association. The approval action of the
 2485  membership must state that reserve accounts shall be provided
 2486  for in the budget and must designate the components for which
 2487  the reserve accounts are to be established. Upon approval by the
 2488  membership, the board of directors shall include the required
 2489  reserve accounts in the budget in the next fiscal year following
 2490  the approval and each year thereafter. Once established as
 2491  provided in this subsection, the reserve accounts must be funded
 2492  or maintained or have their funding waived in the manner
 2493  provided in paragraph (f).
 2494         (10) RECALL OF DIRECTORS.—
 2495         (b)1. Board directors may be recalled by an agreement in
 2496  writing or by written ballot without a membership meeting. The
 2497  agreement in writing or the written ballots, or a copy thereof,
 2498  shall be served on the association by certified mail or by
 2499  personal service in the manner authorized by chapter 48 and the
 2500  Florida Rules of Civil Procedure.
 2501         2. The board shall duly notice and hold a meeting of the
 2502  board within 5 full business days after receipt of the agreement
 2503  in writing or written ballots. At the meeting, the board shall
 2504  either certify the written ballots or written agreement to
 2505  recall a director or directors of the board, in which case such
 2506  director or directors shall be recalled effective immediately
 2507  and shall turn over to the board within 5 full business days any
 2508  and all records and property of the association in their
 2509  possession, or proceed as described in paragraph (d).
 2510         3. When it is determined by the department pursuant to
 2511  binding arbitration proceedings or the court in an action filed
 2512  in a court of competent jurisdiction that an initial recall
 2513  effort was defective, written recall agreements or written
 2514  ballots used in the first recall effort and not found to be
 2515  defective may be reused in one subsequent recall effort.
 2516  However, in no event is a written agreement or written ballot
 2517  valid for more than 120 days after it has been signed by the
 2518  member.
 2519         4. Any rescission or revocation of a member’s written
 2520  recall ballot or agreement must be in writing and, in order to
 2521  be effective, must be delivered to the association before the
 2522  association is served with the written recall agreements or
 2523  ballots.
 2524         5. The agreement in writing or ballot shall list at least
 2525  as many possible replacement directors as there are directors
 2526  subject to the recall, when at least a majority of the board is
 2527  sought to be recalled; the person executing the recall
 2528  instrument may vote for as many replacement candidates as there
 2529  are directors subject to the recall.
 2530         (d) If the board determines not to certify the written
 2531  agreement or written ballots to recall a director or directors
 2532  of the board or does not certify the recall by a vote at a
 2533  meeting, the board shall, within 5 full business days after the
 2534  meeting, file an action with a court of competent jurisdiction
 2535  or file with the department a petition for binding arbitration
 2536  under pursuant to the applicable procedures in ss. 718.112(2)(j)
 2537  and 718.1255 and the rules adopted thereunder. For the purposes
 2538  of this section, the members who voted at the meeting or who
 2539  executed the agreement in writing shall constitute one party
 2540  under the petition for arbitration or in a court action. If the
 2541  arbitrator or court certifies the recall as to any director or
 2542  directors of the board, the recall will be effective upon the
 2543  final order of the court or the mailing of the final order of
 2544  arbitration to the association. The director or directors so
 2545  recalled shall deliver to the board any and all records of the
 2546  association in their possession within 5 full business days
 2547  after the effective date of the recall.
 2548         (g) If the board fails to duly notice and hold the required
 2549  meeting or fails to file the required petition or action, the
 2550  parcel unit owner representative may file a petition or a court
 2551  action under pursuant to s. 718.1255 challenging the board’s
 2552  failure to act. The petition or action must be filed within 60
 2553  days after the expiration of the applicable 5-full-business-day
 2554  period. The review of a petition or action under this paragraph
 2555  is limited to the sufficiency of service on the board and the
 2556  facial validity of the written agreement or ballots filed.
 2557         (k) A board member who has been recalled may file an action
 2558  with a court of competent jurisdiction or a petition under
 2559  pursuant to ss. 718.112(2)(j) and 718.1255 and the rules adopted
 2560  challenging the validity of the recall. The petition or action
 2561  must be filed within 60 days after the recall is deemed
 2562  certified. The association and the parcel unit owner
 2563  representative shall be named as respondents.
 2564         (l) The division or a court of competent jurisdiction may
 2565  not accept for filing a recall petition or action, whether filed
 2566  under pursuant to paragraph (b), paragraph (c), paragraph (g),
 2567  or paragraph (k) and regardless of whether the recall was
 2568  certified, when there are 60 or fewer days until the scheduled
 2569  reelection of the board member sought to be recalled or when 60
 2570  or fewer days have not elapsed since the election of the board
 2571  member sought to be recalled.
 2572         Section 21. Subsection (2) of section 720.305, Florida
 2573  Statutes, is amended to read:
 2574         720.305 Obligations of members; remedies at law or in
 2575  equity; levy of fines and suspension of use rights.—
 2576         (2) An The association may levy reasonable fines. A fine
 2577  may not exceed $100 per violation against any member or any
 2578  member’s tenant, guest, or invitee for the failure of the owner
 2579  of the parcel or its occupant, licensee, or invitee to comply
 2580  with any provision of the declaration, the association bylaws,
 2581  or reasonable rules of the association unless otherwise provided
 2582  in the governing documents. A fine may be levied by the board
 2583  for each day of a continuing violation, with a single notice and
 2584  opportunity for hearing, except that the fine may not exceed
 2585  $1,000 in the aggregate unless otherwise provided in the
 2586  governing documents. A fine of less than $1,000 may not become a
 2587  lien against a parcel. In any action to recover a fine, the
 2588  prevailing party is entitled to reasonable attorney fees and
 2589  costs from the nonprevailing party as determined by the court.
 2590         (a) An association may suspend, for a reasonable period of
 2591  time, the right of a member, or a member’s tenant, guest, or
 2592  invitee, to use common areas and facilities for the failure of
 2593  the owner of the parcel or its occupant, licensee, or invitee to
 2594  comply with any provision of the declaration, the association
 2595  bylaws, or reasonable rules of the association. This paragraph
 2596  does not apply to that portion of common areas used to provide
 2597  access or utility services to the parcel. A suspension may not
 2598  prohibit an owner or tenant of a parcel from having vehicular
 2599  and pedestrian ingress to and egress from the parcel, including,
 2600  but not limited to, the right to park.
 2601         (b) A fine or suspension levied by the board of
 2602  administration may not be imposed unless the board first
 2603  provides at least 14 days’ notice to the parcel owner and, if
 2604  applicable, any occupant, licensee, or invitee of the parcel
 2605  owner, sought to be fined or suspended and an opportunity for a
 2606  hearing before a committee of at least three members appointed
 2607  by the board who are not officers, directors, or employees of
 2608  the association, or the spouse, parent, child, brother, or
 2609  sister of an officer, director, or employee. If the committee,
 2610  by majority vote, does not approve a proposed fine or
 2611  suspension, the proposed fine or suspension may not be imposed.
 2612  The role of the committee is limited to determining whether to
 2613  confirm or reject the fine or suspension levied by the board. If
 2614  the proposed fine or suspension levied by the board is approved
 2615  by the committee, the fine payment is due 5 days after notice of
 2616  the approved fine is provided to the parcel owner and, if
 2617  applicable, to any occupant, licensee, or invitee of the parcel
 2618  owner the date of the committee meeting at which the fine is
 2619  approved. The association must provide written notice of such
 2620  fine or suspension by mail or hand delivery to the parcel owner
 2621  and, if applicable, to any occupant tenant, licensee, or invitee
 2622  of the parcel owner.
 2623         Section 22. Paragraph (g) of subsection (1) and paragraph
 2624  (c) of subsection (9) of section 720.306, Florida Statutes, are
 2625  amended, and paragraph (h) is added to subsection (1) of that
 2626  section, to read:
 2627         720.306 Meetings of members; voting and election
 2628  procedures; amendments.—
 2629         (1) QUORUM; AMENDMENTS.—
 2630         (g) A notice required under this section must be mailed or
 2631  delivered to the address identified as the parcel owner’s
 2632  mailing address in the official records of the association as
 2633  required under s. 720.303(4) on the property appraiser’s website
 2634  for the county in which the parcel is located, or electronically
 2635  transmitted in a manner authorized by the association if the
 2636  parcel owner has consented, in writing, to receive notice by
 2637  electronic transmission.
 2638         (h)1. Except as provided herein, an amendment to a
 2639  governing document, rule, or regulation enacted after July 1,
 2640  2021, which prohibits a parcel owner from renting his or her
 2641  parcel, alters the authorized duration of a rental term, or
 2642  specifies or limits the number of times that a parcel owner may
 2643  rent his or her parcel during a specified period, applies only
 2644  to a parcel owner who consents, individually or through a
 2645  representative, to the amendment, and to parcel owners who
 2646  acquire title to a parcel after the effective date of the
 2647  amendment.
 2648         2. Notwithstanding subparagraph 1., an association may
 2649  amend its governing documents to prohibit or regulate rental
 2650  durations that are for terms of less than 6 months and to
 2651  prohibit a parcel owner from renting his or parcel more than
 2652  three times in a calendar year. Such amendments apply to all
 2653  parcel owners.
 2654         3. This paragraph does not affect the amendment
 2655  restrictions for associations of 15 or fewer parcel owners as
 2656  provided in s. 720.303(1).
 2657         4. For purposes of this paragraph, a change of ownership
 2658  does not occur when a parcel owner conveys the parcel to an
 2659  affiliated entity, when beneficial ownership of the parcel does
 2660  not change, or when an heir becomes a parcel owner. For purposes
 2661  of this paragraph, the term “affiliated entity” means an entity
 2662  that controls, is controlled by, or is under common control with
 2663  the parcel owner or that becomes a parent or successor entity by
 2664  reason of transfer, merger, consolidation, public offering,
 2665  reorganization, dissolution or sale of stock, or transfer of
 2666  membership partnership interests. For a conveyance to be
 2667  recognized as one made to an affiliated entity, the entity must
 2668  furnish the association a document certifying that this
 2669  paragraph applies, as well as providing any organizational
 2670  documents for the parcel owner and the affiliated entity that
 2671  support the representations in the certificate, as requested by
 2672  the association.
 2673         (9) ELECTIONS AND BOARD VACANCIES.—
 2674         (c) Any election dispute between a member and an
 2675  association must be submitted to mandatory binding arbitration
 2676  with the division or filed with a court of competent
 2677  jurisdiction. Such proceedings that are submitted to binding
 2678  arbitration with the division must be conducted in the manner
 2679  provided by s. 718.1255 and the procedural rules adopted by the
 2680  division. Unless otherwise provided in the bylaws, any vacancy
 2681  occurring on the board before the expiration of a term may be
 2682  filled by an affirmative vote of the majority of the remaining
 2683  directors, even if the remaining directors constitute less than
 2684  a quorum, or by the sole remaining director. In the alternative,
 2685  a board may hold an election to fill the vacancy, in which case
 2686  the election procedures must conform to the requirements of the
 2687  governing documents. Unless otherwise provided in the bylaws, a
 2688  board member appointed or elected under this section is
 2689  appointed for the unexpired term of the seat being filled.
 2690  Filling vacancies created by recall is governed by s.
 2691  720.303(10) and rules adopted by the division.
 2692         Section 23. Subsections (1) and (2) of section 720.307,
 2693  Florida Statutes, are amended to read:
 2694         720.307 Transition of association control in a community.
 2695  With respect to homeowners’ associations:
 2696         (1) Members other than the developer are entitled to elect
 2697  at least a majority of the members of the board of directors of
 2698  the homeowners’ association when the earlier of the following
 2699  events occurs:
 2700         (a) Three months after 90 percent of the parcels in all
 2701  phases of the community that will ultimately be operated by the
 2702  homeowners’ association have been conveyed to members other than
 2703  the developer;
 2704         (b) Such other percentage of the parcels has been conveyed
 2705  to members, or such other date or event has occurred, as is set
 2706  forth in the governing documents in order to comply with the
 2707  requirements of any governmentally chartered entity with regard
 2708  to the mortgage financing of parcels;
 2709         (c) Upon the developer abandoning or deserting its
 2710  responsibility to maintain and complete the amenities or
 2711  infrastructure as disclosed in the governing documents. There is
 2712  a rebuttable presumption that the developer has abandoned and
 2713  deserted the property if the developer has unpaid assessments or
 2714  guaranteed amounts under s. 720.308 for a period of more than 2
 2715  years;
 2716         (d) Upon the developer filing a petition seeking protection
 2717  under chapter 7 of the federal Bankruptcy Code;
 2718         (e) Upon the developer losing title to the property through
 2719  a foreclosure action or the transfer of a deed in lieu of
 2720  foreclosure, unless the successor owner has accepted an
 2721  assignment of developer rights and responsibilities first
 2722  arising after the date of such assignment; or
 2723         (f) Upon a receiver for the developer being appointed by a
 2724  circuit court and not being discharged within 30 days after such
 2725  appointment, unless the court determines within 30 days after
 2726  such appointment that transfer of control would be detrimental
 2727  to the association or its members.
 2728  
 2729  For purposes of this section, the term “members other than the
 2730  developer” shall not include builders, contractors, or others
 2731  who purchase a parcel for the purpose of constructing
 2732  improvements thereon for resale.
 2733         (2) Members other than the developer are entitled to elect
 2734  at least one member of the board of directors of the homeowners’
 2735  association if 50 percent of the parcels in all phases of the
 2736  community which will ultimately be operated by the association
 2737  have been conveyed to members other than the developer.
 2738         Section 24. Subsection (1) of section 720.311, Florida
 2739  Statutes, is amended to read:
 2740         720.311 Dispute resolution.—
 2741         (1) The Legislature finds that alternative dispute
 2742  resolution has made progress in reducing court dockets and
 2743  trials and in offering a more efficient, cost-effective option
 2744  to litigation. The filing of any petition for arbitration or the
 2745  serving of a demand for presuit mediation as provided for in
 2746  this section shall toll the applicable statute of limitations.
 2747  Any recall dispute filed with the department under pursuant to
 2748  s. 720.303(10) shall be conducted by the department in
 2749  accordance with the provisions of ss. 718.112(2)(j) and 718.1255
 2750  and the rules adopted by the division. In addition, the
 2751  department shall conduct mandatory binding arbitration of
 2752  election disputes between a member and an association in
 2753  accordance with pursuant to s. 718.1255 and rules adopted by the
 2754  division. Neither Election disputes and nor recall disputes are
 2755  not eligible for presuit mediation; these disputes must shall be
 2756  arbitrated by the department or filed in a court of competent
 2757  jurisdiction. At the conclusion of an arbitration the
 2758  proceeding, the department shall charge the parties a fee in an
 2759  amount adequate to cover all costs and expenses incurred by the
 2760  department in conducting the proceeding. Initially, the
 2761  petitioner shall remit a filing fee of at least $200 to the
 2762  department. The fees paid to the department shall become a
 2763  recoverable cost in the arbitration proceeding, and the
 2764  prevailing party in an arbitration proceeding shall recover its
 2765  reasonable costs and attorney attorney’s fees in an amount found
 2766  reasonable by the arbitrator. The department shall adopt rules
 2767  to effectuate the purposes of this section.
 2768         Section 25. Subsection (6) is added to section 720.3075,
 2769  Florida Statutes, to read:
 2770         720.3075 Prohibited clauses in association documents.—
 2771         (6) An association may extinguish a discriminatory
 2772  restriction as provided in s. 712.065.
 2773         Section 26. Section 720.316, Florida Statutes, is amended
 2774  to read:
 2775         720.316 Association emergency powers.—
 2776         (1) To the extent allowed by law, unless specifically
 2777  prohibited by the declaration or other recorded governing
 2778  documents, and consistent with s. 617.0830, the board of
 2779  directors, in response to damage or injury caused by or
 2780  anticipated in connection with an emergency, as defined in s.
 2781  252.34(4), event for which a state of emergency is declared
 2782  pursuant to s. 252.36 in the area encompassed by the
 2783  association, may exercise the following powers:
 2784         (a) Conduct board meetings, committee meetings, elections,
 2785  or membership meetings, in whole or in part, by telephone, real
 2786  time videoconferencing, or similar real-time electronic or video
 2787  communication after notice of the meetings and board decisions
 2788  is provided in as practicable a manner as possible, including
 2789  via publication, radio, United States mail, the Internet,
 2790  electronic transmission, public service announcements,
 2791  conspicuous posting on the common area association property, or
 2792  any other means the board deems appropriate under the
 2793  circumstances. Notice of decisions may also be communicated as
 2794  provided in this paragraph.
 2795         (b) Cancel and reschedule an association meeting.
 2796         (c) Designate assistant officers who are not directors. If
 2797  the executive officer is incapacitated or unavailable, the
 2798  assistant officer has the same authority during the state of
 2799  emergency as the executive officer he or she assists.
 2800         (d) Relocate the association’s principal office or
 2801  designate an alternative principal office.
 2802         (e) Enter into agreements with counties and municipalities
 2803  to assist counties and municipalities with debris removal.
 2804         (f) Implement a disaster or an emergency plan before,
 2805  during, or immediately following the event for which a state of
 2806  emergency is declared, which may include, but is not limited to,
 2807  turning on or shutting off elevators; electricity; water, sewer,
 2808  or security systems; or air conditioners for association
 2809  buildings.
 2810         (g) Based upon the advice of emergency management officials
 2811  or public health officials, or upon the advice of licensed
 2812  professionals retained by or otherwise available to the board,
 2813  determine any portion of the common areas or facilities
 2814  association property unavailable for entry or occupancy by
 2815  owners or their family members, tenants, guests, agents, or
 2816  invitees to protect their health, safety, or welfare.
 2817         (h) Based upon the advice of emergency management officials
 2818  or public health officials or upon the advice of licensed
 2819  professionals retained by or otherwise available to the board,
 2820  determine whether the common areas or facilities association
 2821  property can be safely inhabited, accessed, or occupied.
 2822  However, such determination is not conclusive as to any
 2823  determination of habitability pursuant to the declaration.
 2824         (i) Mitigate further damage, injury, or contagion,
 2825  including taking action to contract for the removal of debris
 2826  and to prevent or mitigate the spread of fungus, including mold
 2827  or mildew, by removing and disposing of wet drywall, insulation,
 2828  carpet, cabinetry, or other fixtures on or within the common
 2829  areas or facilities or sanitizing the common areas or facilities
 2830  association property.
 2831         (j) Notwithstanding a provision to the contrary, and
 2832  regardless of whether such authority does not specifically
 2833  appear in the declaration or other recorded governing documents,
 2834  levy special assessments without a vote of the owners.
 2835         (k) Without owners’ approval, borrow money and pledge
 2836  association assets as collateral to fund emergency repairs and
 2837  carry out the duties of the association if operating funds are
 2838  insufficient. This paragraph does not limit the general
 2839  authority of the association to borrow money, subject to such
 2840  restrictions contained in the declaration or other recorded
 2841  governing documents.
 2842         (2) The authority granted under subsection (1) is limited
 2843  to that time reasonably necessary to protect the health, safety,
 2844  and welfare of the association and the parcel owners and their
 2845  family members, tenants, guests, agents, or invitees, and to
 2846  mitigate further damage, injury, or contagion and make emergency
 2847  repairs.
 2848         (3)Notwithstanding paragraphs (1)(f)-(i), during a state
 2849  of emergency declared by executive order or proclamation of the
 2850  Governor pursuant to s. 252.36, an association may not prohibit
 2851  parcel owners, tenants, guests, agents, or invitees of a parcel
 2852  owner from accessing the common areas and facilities for the
 2853  purposes of ingress to and egress from the parcel when access is
 2854  necessary in connection with:
 2855         (a)The sale, lease, or other transfer of title of a
 2856  parcel; or
 2857         (b)The habitability of the parcel or for the health and
 2858  safety of such person unless a governmental order or
 2859  determination, or a public health directive from the Centers for
 2860  Disease Control and Prevention, has been issued prohibiting such
 2861  access to the parcel. Any such access is subject to reasonable
 2862  restrictions adopted by the association.
 2863         Section 27. This act shall take effect July 1, 2021.

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