Bill Text: FL S0798 | 2014 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Residential Properties
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 807 (Ch. 2014-133) [S0798 Detail]
Download: Florida-2014-S0798-Comm_Sub.html
Bill Title: Residential Properties
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2014-04-28 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 807 (Ch. 2014-133) [S0798 Detail]
Download: Florida-2014-S0798-Comm_Sub.html
Florida Senate - 2014 CS for SB 798 By the Committee on Regulated Industries; and Senator Ring 580-02208-14 2014798c1 1 A bill to be entitled 2 An act relating to residential properties; amending s. 3 509.013, F.S.; replacing a reference to timeshare plan 4 with timeshare project; amending s. 509.032, F.S.; 5 providing that timeshare projects are not subject to 6 annual inspection requirements; amending s. 509.221, 7 F.S.; providing that certain public lodging 8 establishment requirements do not apply to timeshare 9 projects; amending s. 509.241, F.S.; providing a 10 condominium association that does not include any 11 units classified as a timeshare project is not 12 required to apply for or receive a public lodging 13 establishment license; amending s. 509.242, F.S.; 14 providing a definition of the term “timeshare 15 project”; deleting the reference to timeshare plans in 16 the definition of the term “vacation rental”; amending 17 s. 509.251, F.S.; providing that timeshare projects 18 within separate buildings or at separate locations but 19 managed by one licensed agent may be combined in a 20 single license application; amending s. 712.05, F.S.; 21 clarifying existing law relating to marketable record 22 title; amending s. 718.110, F.S.; providing that an 23 amendment to a declaration relating to rental 24 condominium units does not apply to unit owners who 25 vote against the amendment; amending s. 718.111, F.S.; 26 providing authority to an association to inspect and 27 repair abandoned condominium units; providing 28 conditions to determine if a unit is abandoned; 29 providing a mechanism for an association to recover 30 costs associated with maintaining an abandoned unit; 31 providing that in the absence of an insurable event, 32 the association or unit owners are responsible for 33 repairs; providing that an owner may consent in 34 writing to the disclosure of certain contact 35 information; requiring an outgoing condominium 36 association board or committee member to relinquish 37 all official records and property of the association 38 within a specified time; providing a civil penalty for 39 failing to relinquish such records and property; 40 amending s. 718.112, F.S.; providing that a board or 41 committee member’s participation in a meeting via 42 real-time videoconferencing, Internet-enabled 43 videoconferencing, or similar electronic or video 44 communication counts toward a quorum and that such 45 member may vote as if physically present; prohibiting 46 the board from voting via e-mail; amending s. 718.116 47 F.S.; revising the liabilities of the unit owner and 48 the previous owner; excluding specified association 49 from certain liability; limiting the present owner’s 50 liability; amending s. 718.707, F.S.; extending the 51 date by which a condominium parcel must be acquired in 52 order for a person to be classified as a bulk assignee 53 or bulk buyer; amending s. 719.104, F.S.; providing 54 that an owner may consent in writing to the disclosure 55 of certain contact information; requiring an outgoing 56 cooperative association board or committee member to 57 relinquish all official records and property of the 58 association within a specified time; providing a civil 59 penalty for failing to relinquish such records and 60 property; providing dates by which financial reports 61 for an association must be completed; specifying that 62 members must receive copies of financial reports; 63 requiring specific types of financial statements for 64 associations of varying sizes; providing exceptions; 65 providing a mechanism for waiving or increasing 66 financial reporting requirements; amending s. 719.106, 67 F.S.; providing for suspension from office of a 68 director or officer who is charged with one or more of 69 certain felony offenses; providing procedures for 70 filling such vacancy or reinstating such member under 71 specific circumstances; providing a mechanism for a 72 person who is convicted of a felony to be eligible for 73 board membership; amending s. 719.108, F.S.; revising 74 the liabilities of the unit owner and the previous 75 unit owner; excluding specified association from 76 certain liability; limiting the liability of the 77 present owner; creating s. 719.128, F.S.; providing 78 emergency powers of a cooperative association; 79 amending s. 720.303, F.S.; providing that an owner may 80 consent in writing to the disclosure of certain 81 contact information; amending s. 720.306, F.S.; 82 providing an exception to the need for the association 83 to provide copies of an amendment to members; amending 84 s. 720.3085, F.S.; revising the liabilities of the 85 parcel owner and the previous parcel owner; limiting 86 the liability of the present parcel owner; creating s. 87 720.316, F.S.; providing emergency powers of a 88 homeowners’ association; providing an effective date. 89 90 Be It Enacted by the Legislature of the State of Florida: 91 92 Section 1. Subsection (4) of section 509.013, Florida 93 Statutes, is amended to read: 94 509.013 Definitions.—As used in this chapter, the term: 95 (4)(a) “Public lodging establishment” includes a transient 96 public lodging establishment as defined in subparagraph 1. and a 97 nontransient public lodging establishment as defined in 98 subparagraph 2. 99 1. “Transient public lodging establishment” means any unit, 100 group of units, dwelling, building, or group of buildings within 101 a single complex of buildings which is rented to guests more 102 than three times in a calendar year for periods of less than 30 103 days or 1 calendar month, whichever is less, or which is 104 advertised or held out to the public as a place regularly rented 105 to guests. 106 2. “Nontransient public lodging establishment” means any 107 unit, group of units, dwelling, building, or group of buildings 108 within a single complex of buildings which is rented to guests 109 for periods of at least 30 days or 1 calendar month, whichever 110 is less, or which is advertised or held out to the public as a 111 place regularly rented to guests for periods of at least 30 days 112 or 1 calendar month. 113 114 License classifications of public lodging establishments, and 115 the definitions therefor, are set out in s. 509.242. For the 116 purpose of licensure, the term does not include condominium 117 common elements as defined in s. 718.103. 118 (b) The following are excluded from the definitions in 119 paragraph (a): 120 1. Any dormitory or other living or sleeping facility 121 maintained by a public or private school, college, or university 122 for the use of students, faculty, or visitors. 123 2. Any facility certified or licensed and regulated by the 124 Agency for Health Care Administration or the Department of 125 Children and Family Services or other similar place regulated 126 under s. 381.0072. 127 3. Any place renting four rental units or less, unless the 128 rental units are advertised or held out to the public to be 129 places that are regularly rented to transients. 130 4. Any unit or group of units in a condominium, 131 cooperative, or timeshare projectplanand any individually or 132 collectively owned one-family, two-family, three-family, or 133 four-family dwelling house or dwelling unit that is rented for 134 periods of at least 30 days or 1 calendar month, whichever is 135 less, and that is not advertised or held out to the public as a 136 place regularly rented for periods of less than 1 calendar 137 month, provided that no more than four rental units within a 138 single complex of buildings are available for rent. 139 5. Any migrant labor camp or residential migrant housing 140 permitted by the Department of Health under ss. 381.008 141 381.00895. 142 6. Any establishment inspected by the Department of Health 143 and regulated by chapter 513. 144 7. Any nonprofit organization that operates a facility 145 providing housing only to patients, patients’ families, and 146 patients’ caregivers and not to the general public. 147 8. Any apartment building inspected by the United States 148 Department of Housing and Urban Development or other entity 149 acting on the department’s behalf that is designated primarily 150 as housing for persons at least 62 years of age. The division 151 may require the operator of the apartment building to attest in 152 writing that such building meets the criteria provided in this 153 subparagraph. The division may adopt rules to implement this 154 requirement. 155 9. Any roominghouse, boardinghouse, or other living or 156 sleeping facility that may not be classified as a hotel, motel, 157 timeshare project, vacation rental, nontransient apartment, bed 158 and breakfast inn, or transient apartment under s. 509.242. 159 Section 2. Paragraph (a) of subsection (2) of section 160 509.032, Florida Statutes, is amended to read: 161 509.032 Duties.— 162 (2) INSPECTION OF PREMISES.— 163 (a) The division has responsibility and jurisdiction for 164 all inspections required by this chapter. The division has 165 responsibility for quality assurance. Each licensed 166 establishment shall be inspected at least biannually, except for 167 transient and nontransient apartments, which shall be inspected 168 at least annually, and shall be inspected at such other times as 169 the division determines is necessary to ensure the public’s 170 health, safety, and welfare. The division shall establish a 171 system to determine inspection frequency. Public lodging units 172 classified as vacation rentals or as timeshare projects are not 173 subject to this requirement but shall be made available to the 174 division upon request. If, during the inspection of a public 175 lodging establishment classified for renting to transient or 176 nontransient tenants, an inspector identifies vulnerable adults 177 who appear to be victims of neglect, as defined in s. 415.102, 178 or, in the case of a building that is not equipped with 179 automatic sprinkler systems, tenants or clients who may be 180 unable to self-preserve in an emergency, the division shall 181 convene meetings with the following agencies as appropriate to 182 the individual situation: the Department of Health, the 183 Department of Elderly Affairs, the area agency on aging, the 184 local fire marshal, the landlord and affected tenants and 185 clients, and other relevant organizations, to develop a plan 186 which improves the prospects for safety of affected residents 187 and, if necessary, identifies alternative living arrangements 188 such as facilities licensed under part II of chapter 400 or 189 under chapter 429. 190 Section 3. Subsection (9) of section 509.221, Florida 191 Statutes, is amended to read: 192 509.221 Sanitary regulations.— 193 (9) Subsections (2), (5), and (6) do not apply to any 194 facility or unit classified as a vacation rental,or195 nontransient apartment, or timeshare project as described in s. 196 509.242(1)(c)-(e)and (d). 197 Section 4. Subsection (2) of section 509.241, Florida 198 Statutes, is amended to read: 199 509.241 Licenses required; exceptions.— 200 (2) APPLICATION FOR LICENSE.—Each person who plans to open 201 a public lodging establishment or a public food service 202 establishment shall apply for and receive a license from the 203 division prior to the commencement of operation. A condominium 204 association, as defined in s. 718.103, which does not own any 205 units classified as timeshare projects or vacation rentals under 206 s. 509.242(1)(c) and (d) is not required to apply for or receive 207 a public lodging establishment license. 208 Section 5. Subsection (1) of section 509.242, Florida 209 Statutes, is amended to read: 210 509.242 Public lodging establishments; classifications.— 211 (1) A public lodging establishment shall be classified as a 212 hotel, motel, nontransient apartment, transient apartment, bed 213 and breakfast inn, timeshare project, or vacation rental if the 214 establishment satisfies the following criteria: 215 (a) Hotel.—A hotel is any public lodging establishment 216 containing sleeping room accommodations for 25 or more guests 217 and providing the services generally provided by a hotel and 218 recognized as a hotel in the community in which it is situated 219 or by the industry. 220 (b) Motel.—A motel is any public lodging establishment 221 which offers rental units with an exit to the outside of each 222 rental unit, daily or weekly rates, offstreet parking for each 223 unit, a central office on the property with specified hours of 224 operation, a bathroom or connecting bathroom for each rental 225 unit, and at least six rental units, and which is recognized as 226 a motel in the community in which it is situated or by the 227 industry. 228 (c) Timeshare project.—A timeshare project is any timeshare 229 property as defined in chapter 721 which is located in this 230 state and which is also a transient public lodging 231 establishment. 232 (d)(c)Vacation rental.—A vacation rental is any unit or 233 group of units in a condominium,or cooperative,or timeshare234planor any individually or collectively owned single-family, 235 two-family, three-family, or four-family house or dwelling unit 236 that is also a transient public lodging establishment and that 237 is not a timeshare project. 238 (e)(d)Nontransient apartment.—A nontransient apartment is 239 a building or complex of buildings in which 75 percent or more 240 of the units are available for rent to nontransient tenants. 241 (f)(e)Transient apartment.—A transient apartment is a 242 building or complex of buildings in which more than 25 percent 243 of the units are advertised or held out to the public as 244 available for transient occupancy. 245 (g)(f)Bed and breakfast inn.—A bed and breakfast inn is a 246 family home structure, with no more than 15 sleeping rooms, 247 which has been modified to serve as a transient public lodging 248 establishment, which provides the accommodation and meal 249 services generally offered by a bed and breakfast inn, and which 250 is recognized as a bed and breakfast inn in the community in 251 which it is situated or by the hospitality industry. 252 Section 6. Subsection (1) of section 509.251, Florida 253 Statutes, is amended to read: 254 509.251 License fees.— 255 (1) The division shall adopt, by rule, a schedule of fees 256 to be paid by each public lodging establishment as a 257 prerequisite to issuance or renewal of a license. Such fees 258 shall be based on the number of rental units in the 259 establishment. The aggregate fee per establishment charged any 260 public lodging establishment shall not exceed $1,000; however, 261 the fees described in paragraphs (a) and (b) may not be included 262 as part of the aggregate fee subject to this cap. Vacation 263 rental units or timeshare projects within separate buildings or 264 at separate locations but managed by one licensed agent may be 265 combined in a single license application, and the division shall 266 charge a license fee as if all units in the application are in a 267 single licensed establishment. The fee schedule shall require an 268 establishment which applies for an initial license to pay the 269 full license fee if application is made during the annual 270 renewal period or more than 6 months prior to the next such 271 renewal period and one-half of the fee if application is made 6 272 months or less prior to such period. The fee schedule shall 273 include fees collected for the purpose of funding the 274 Hospitality Education Program, pursuant to s. 509.302, which are 275 payable in full for each application regardless of when the 276 application is submitted. 277 (a) Upon making initial application or an application for 278 change of ownership, the applicant shall pay to the division a 279 fee as prescribed by rule, not to exceed $50, in addition to any 280 other fees required by law, which shall cover all costs 281 associated with initiating regulation of the establishment. 282 (b) A license renewal filed with the division within 30 283 days after the expiration date shall be accompanied by a 284 delinquent fee as prescribed by rule, not to exceed $50, in 285 addition to the renewal fee and any other fees required by law. 286 A license renewal filed with the division more than 30 but not 287 more than 60 days after the expiration date shall be accompanied 288 by a delinquent fee as prescribed by rule, not to exceed $100, 289 in addition to the renewal fee and any other fees required by 290 law. 291 Section 7. Subsection (1) of section 712.05, Florida 292 Statutes, is amended to read: 293 712.05 Effect of filing notice.— 294 (1) AAnyperson claiming an interest in land or a 295 homeowners’ association desiring to preserve aanycovenant or 296 restriction may preserve and protect the same from 297 extinguishment by the operation of this act by filing for 298 record, during the 30-year period immediately following the 299 effective date of the root of title, a written notice, in300writing,in accordance with this chapter. Suchthe provisions301hereof, whichnotice preservesshall have the effect of so302preservingsuch claim of right or such covenant or restriction 303 or portion of such covenant or restriction for up toa period of304not longer than30 years after filing the noticesameunless the 305 notice is filed againfiledas required in this chapterherein. 306 A person’sNodisability or lack of knowledge of any kind may 307 noton the part of anyone shalldelay the commencement of or 308 suspend the running of thesaid30-year period. Such notice may 309 be filed for record by the claimant or by any other person 310 acting on behalf of aanyclaimant who is: 311 (a) Under a disability;,312 (b) Unable to assert a claim on his or her behalf;,or 313 (c) One of a class, but whose identity cannot be 314 established or is uncertain at the time of filing such notice of 315 claim for record. 316 317 Such notice may be filed by a homeowners’ association only if 318 the preservation of such covenant or restriction or portion of 319 such covenant or restriction is approved by at least two-thirds 320 of the members of the board of directors of an incorporated 321 homeowners’ association at a meeting for which a notice, stating 322 the meeting’s time and place and containing the statement of 323 marketable title action described in s. 712.06(1)(b), was mailed 324 or hand delivered to members of the homeowners’ association at 325 leastnot less than7 days beforeprior tosuch meeting. The 326 homeowners’ association or clerk of the circuit court is not 327 required to provide additional notice pursuant to s. 712.06(3). 328 The preceding sentence is intended to clarify existing law. 329 Section 8. Subsection (13) of section 718.110, Florida 330 Statutes, is amended to read: 331 718.110 Amendment of declaration; correction of error or 332 omission in declaration by circuit court.— 333 (13) An amendment that prohibitsprohibitingunit owners 334 from renting their units or altering the duration of the rental 335 term or that specifies or limitsspecifying or limitingthe 336 number of times unit owners are entitled to rent their units 337 during a specified period does not applyapplies onlyto unit 338 owners who voted againstconsent tothe amendment. However, such 339 amendment applies to unit owners who consented to the amendment, 340 who failed to cast a vote, orand unit ownerswho acquired 341acquiretitle to their units after the effective date of the 342thatamendment. 343 Section 9. Subsection (5), paragraph (j) of subsection 344 (11), and paragraph (c) of subsection (12) of section 718.111, 345 Florida Statutes, are amended, and paragraph (f) is added to 346 subsection (12) of that section, to read: 347 718.111 The association.— 348 (5) RIGHT OF ACCESS TO UNITS.— 349 (a) The association has the irrevocable right of access to 350 each unit during reasonable hours, when necessary for the 351 maintenance, repair, or replacement of any common elements or of 352 any portion of a unit to be maintained by the association 353 pursuant to the declaration or as necessary to prevent damage to 354 the common elements or to a unitor units. 355 (b)1. In addition to the association’s right of access in 356 paragraph (a) and regardless of whether authority is provided in 357 the declaration or other recorded condominium documents, an 358 association, at the sole discretion of the board, may enter an 359 abandoned unit to inspect the unit and adjoining common 360 elements; make repairs to the unit or to the common elements 361 serving the unit, as needed; repair the unit if mold or 362 deterioration is present; turn on the utilities for the unit; or 363 otherwise maintain, preserve, or protect the unit and adjoining 364 common elements. For purposes of this paragraph, a unit is 365 presumed to be abandoned if: 366 a. The unit is the subject of a foreclosure action and no 367 tenant appears to have resided in the unit for at least 4 368 continuous weeks without prior written notice to the 369 association; or 370 b. No tenant appears to have resided in the unit for 2 371 consecutive months without prior written notice to the 372 association, and the association is unable to contact the owner 373 or determine the whereabouts of the owner after reasonable 374 inquiry. 375 2. Except in the case of an emergency, an association may 376 not enter an abandoned unit until 2 days after notice of the 377 association’s intent to enter the unit has been mailed or hand 378 delivered to the owner at the address of the owner as reflected 379 in the records of the association. The notice may be given by 380 electronic transmission to a unit owner who has consented to 381 receive notice by electronic transmission. 382 3. Any expense incurred by an association pursuant to this 383 paragraph is chargeable to the unit owner and enforceable as an 384 assessment pursuant to s. 718.116, and the association may use 385 its lien authority provided by s. 718.116 to enforce collection 386 of the expense. 387 4. The association may petition a court of competent 388 jurisdiction to appoint a receiver and may lease out an 389 abandoned unit for the benefit of the association to offset 390 against the rental income the association’s costs and expenses 391 of maintaining, preserving, and protecting the unit and the 392 adjoining common elements, including the costs of the 393 receivership and all unpaid assessments, interest, 394 administrative late fees, costs, and reasonable attorney fees. 395 (11) INSURANCE.—In order to protect the safety, health, and 396 welfare of the people of the State of Florida and to ensure 397 consistency in the provision of insurance coverage to 398 condominiums and their unit owners, this subsection applies to 399 every residential condominium in the state, regardless of the 400 date of its declaration of condominium. It is the intent of the 401 Legislature to encourage lower or stable insurance premiums for 402 associations described in this subsection. 403 (j) Any portion of the condominium property that must be 404 insured by the association against property loss pursuant to 405 paragraph (f) which is damaged by an insurable event shall be 406 reconstructed, repaired, or replaced as necessary by the 407 association as a common expense. In the absence of an insurable 408 event, responsibility for reconstruction, repair, or replacement 409 shall be by the association or by the unit owners, as determined 410 by the provisions of the declaration or bylaws. All property 411 insurance deductibles, uninsured losses, and other damages in 412 excess of property insurance coverage under the property 413 insurance policies maintained by the association are a common 414 expense of the condominium, except that: 415 1. A unit owner is responsible for the costs of repair or 416 replacement of any portion of the condominium property not paid 417 by insurance proceeds if such damage is caused by intentional 418 conduct, negligence, or failure to comply with the terms of the 419 declaration or the rules of the association by a unit owner, the 420 members of his or her family, unit occupants, tenants, guests, 421 or invitees, without compromise of the subrogation rights of the 422 insurer. 423 2. The provisions of subparagraph 1. regarding the 424 financial responsibility of a unit owner for the costs of 425 repairing or replacing other portions of the condominium 426 property also apply to the costs of repair or replacement of 427 personal property of other unit owners or the association, as 428 well as other property, whether real or personal, which the unit 429 owners are required to insure. 430 3. To the extent the cost of repair or reconstruction for 431 which the unit owner is responsible under this paragraph is 432 reimbursed to the association by insurance proceeds, and the 433 association has collected the cost of such repair or 434 reconstruction from the unit owner, the association shall 435 reimburse the unit owner without the waiver of any rights of 436 subrogation. 437 4. The association is not obligated to pay for 438 reconstruction or repairs of property losses as a common expense 439 if the property losses were known or should have been known to a 440 unit owner and were not reported to the association until after 441 the insurance claim of the association for that property was 442 settled or resolved with finality, or denied because it was 443 untimely filed. 444 (12) OFFICIAL RECORDS.— 445 (c) The official records of the association are open to 446 inspection by any association member or the authorized 447 representative of such member at all reasonable times. The right 448 to inspect the records includes the right to make or obtain 449 copies, at the reasonable expense, if any, of the member. The 450 association may adopt reasonable rules regarding the frequency, 451 time, location, notice, and manner of record inspections and 452 copying. The failure of an association to provide the records 453 within 10 working days after receipt of a written request 454 creates a rebuttable presumption that the association willfully 455 failed to comply with this paragraph. A unit owner who is denied 456 access to official records is entitled to the actual damages or 457 minimum damages for the association’s willful failure to comply. 458 Minimum damages are $50 per calendar day for up to 10 days, 459 beginning on the 11th working day after receipt of the written 460 request. The failure to permit inspection entitles any person 461 prevailing in an enforcement action to recover reasonable 462 attorney fees from the person in control of the records who, 463 directly or indirectly, knowingly denied access to the records. 464 Any person who knowingly or intentionally defaces or destroys 465 accounting records that are required by this chapter to be 466 maintained during the period for which such records are required 467 to be maintained, or who knowingly or intentionally fails to 468 create or maintain accounting records that are required to be 469 created or maintained, with the intent of causing harm to the 470 association or one or more of its members, is personally subject 471 to a civil penalty pursuant to s. 718.501(1)(d). The association 472 shall maintain an adequate number of copies of the declaration, 473 articles of incorporation, bylaws, and rules, and all amendments 474 to each of the foregoing, as well as the question and answer 475 sheet as described in s. 718.504 and year-end financial 476 information required under this section, on the condominium 477 property to ensure their availability to unit owners and 478 prospective purchasers, and may charge its actual costs for 479 preparing and furnishing these documents to those requesting the 480 documents. An association shall allow a member or his or her 481 authorized representative to use a portable device, including a 482 smartphone, tablet, portable scanner, or any other technology 483 capable of scanning or taking photographs, to make an electronic 484 copy of the official records in lieu of the association’s 485 providing the member or his or her authorized representative 486 with a copy of such records. The association may not charge a 487 member or his or her authorized representative for the use of a 488 portable device. Notwithstanding this paragraph, the following 489 records are not accessible to unit owners: 490 1. Any record protected by the lawyer-client privilege as 491 described in s. 90.502 and any record protected by the work 492 product privilege, including a record prepared by an association 493 attorney or prepared at the attorney’s express direction, which 494 reflects a mental impression, conclusion, litigation strategy, 495 or legal theory of the attorney or the association, and which 496 was prepared exclusively for civil or criminal litigation or for 497 adversarial administrative proceedings, or which was prepared in 498 anticipation of such litigation or proceedings until the 499 conclusion of the litigation or proceedings. 500 2. Information obtained by an association in connection 501 with the approval of the lease, sale, or other transfer of a 502 unit. 503 3. Personnel records of association or management company 504 employees, including, but not limited to, disciplinary, payroll, 505 health, and insurance records. For purposes of this 506 subparagraph, the term “personnel records” does not include 507 written employment agreements with an association employee or 508 management company, or budgetary or financial records that 509 indicate the compensation paid to an association employee. 510 4. Medical records of unit owners. 511 5. Social security numbers, driver’s license numbers, 512 credit card numbers, e-mail addresses, telephone numbers, 513 facsimile numbers, emergency contact information, addresses of a 514 unit owner other than as provided to fulfill the association’s 515 notice requirements, and other personal identifying information 516 of any person, excluding the person’s name, unit designation, 517 mailing address, property address, and any address, e-mail 518 address, or facsimile number provided to the association to 519 fulfill the association’s notice requirements. Notwithstanding 520 the restrictions in this subparagraph, an association may print 521 and distribute to parcel owners a directory containing the name, 522 parcel address, and all telephone numbersnumberof each parcel 523 owner. However, an owner may exclude his or her telephone number 524 from the directory by so requesting in writing to the 525 association. An owner may consent in writing to the disclosure 526 of other contact information described in this subparagraph. The 527 association is not liable for the inadvertent disclosure of 528 information that is protected under this subparagraph if the 529 information is included in an official record of the association 530 and is voluntarily provided by an owner and not requested by the 531 association. 532 6. Electronic security measures that are used by the 533 association to safeguard data, including passwords. 534 7. The software and operating system used by the 535 association which allow the manipulation of data, even if the 536 owner owns a copy of the same software used by the association. 537 The data is part of the official records of the association. 538 (f) An outgoing board or committee member must relinquish 539 all official records and property of the association in his or 540 her possession or under his or her control to the incoming board 541 within 5 days after the election. The division shall impose a 542 civil penalty as set forth in s. 718.501(1)(d)6. against an 543 outgoing board or committee member who willfully and knowingly 544 fails to relinquish such records and property. 545 Section 10. Paragraphs (b) and (c) of subsection (2) of 546 section 718.112, Florida Statutes, are amended to read: 547 718.112 Bylaws.— 548 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the 549 following and, if they do not do so, shall be deemed to include 550 the following: 551 (b) Quorum; voting requirements; proxies.— 552 1. Unless a lower number is provided in the bylaws, the 553 percentage of voting interests required to constitute a quorum 554 at a meeting of the members is a majority of the voting 555 interests. Unless otherwise provided in this chapter or in the 556 declaration, articles of incorporation, or bylaws, and except as 557 provided in subparagraph (d)4., decisions shall be made by a 558 majority of the voting interests represented at a meeting at 559 which a quorum is present. 560 2. Except as specifically otherwise provided herein, unit 561 owners may not vote by general proxy, but may vote by limited 562 proxies substantially conforming to a limited proxy form adopted 563 by the division. A voting interest or consent right allocated to 564 a unit owned by the association may not be exercised or 565 considered for any purpose, whether for a quorum, an election, 566 or otherwise. Limited proxies and general proxies may be used to 567 establish a quorum. Limited proxies shall be used for votes 568 taken to waive or reduce reserves in accordance with 569 subparagraph (f)2.; for votes taken to waive the financial 570 reporting requirements of s. 718.111(13); for votes taken to 571 amend the declaration pursuant to s. 718.110; for votes taken to 572 amend the articles of incorporation or bylaws pursuant to this 573 section; and for any other matter for which this chapter 574 requires or permits a vote of the unit owners. Except as 575 provided in paragraph (d), a proxy, limited or general, may not 576 be used in the election of board members. General proxies may be 577 used for other matters for which limited proxies are not 578 required, and may be used in voting for nonsubstantive changes 579 to items for which a limited proxy is required and given. 580 Notwithstanding this subparagraph, unit owners may vote in 581 person at unit owner meetings. This subparagraph does not limit 582 the use of general proxies or require the use of limited proxies 583 for any agenda item or election at any meeting of a timeshare 584 condominium association. 585 3. Any proxy given is effective only for the specific 586 meeting for which originally given and any lawfully adjourned 587 meetings thereof. A proxy is not valid longer than 90 days after 588 the date of the first meeting for which it was given and may be 589 revoked. Every proxy is revocableat any time at the pleasure of 590 the unit owner executing it. 591 4. A member of the board of administration or a committee 592 may submit in writing his or her agreement or disagreement with 593 any action taken at a meeting that the member did not attend. 594 This agreement or disagreement may not be used as a vote for or 595 against the action taken or to create a quorum. 596 5. AIf any of theboard or committee member’s 597 participation in a meeting via telephone, real-time 598 videoconferencing, or similar real-time electronic or video 599 communication counts toward a quorum, and such member may vote 600 as if physically presentmembers meet by telephone conference,601those board or committee members may be counted toward obtaining602a quorum and may vote by telephone. Atelephonespeaker must be 603 used so that the conversation of suchthosemembers may be heard 604 by the board or committee members attending in person as well as 605 by any unit owners present at a meeting. 606 (c) Board of administration meetings.—Meetings of the board 607 of administration at which a quorum of the members is present 608 are open to all unit owners. Members of the board of 609 administration may use e-mail as a means of communication but 610 may not cast a vote on an association matter via e-mail. A unit 611 owner may tape record or videotape the meetings. The right to 612 attend such meetings includes the right to speak at such 613 meetings with reference to all designated agenda items. The 614 division shall adopt reasonable rules governing the tape 615 recording and videotaping of the meeting. The association may 616 adopt written reasonable rules governing the frequency, 617 duration, and manner of unit owner statements. 618 1. Adequate notice of all board meetings, which must 619 specifically identify all agenda items, must be posted 620 conspicuously on the condominium property at least 48 continuous 621 hours before the meeting except in an emergency. If 20 percent 622 of the voting interests petition the board to address an item of 623 business, the board, within 60 days after receipt of the 624 petition, shall place the item on the agenda at its next regular 625 board meeting or at a special meeting called for that purposeof626the board, but not later than 60 days after the receipt of the627petition, shall place the item on the agenda. AnAnyitem not 628 included on the notice may be taken up on an emergency basis by 629 a vote of at least a majority plus one of the board members. 630 Such emergency action must be noticed and ratified at the next 631 regular board meeting. However, written notice of aanymeeting 632 at which a nonemergency special assessmentassessments,or anat633whichamendment to rules regarding unit use,will be considered 634 must be mailed, delivered, or electronically transmitted to the 635 unit owners and posted conspicuously on the condominium property 636 at least 14 days before the meeting. Evidence of compliance with 637 this 14-day notice requirement must be made by an affidavit 638 executed by the person providing the notice and filed with the 639 official records of the association. Upon notice to the unit 640 owners, the board shall, by duly adopted rule, designate a 641 specific location on the condominium or association property 642 where all notices of board meetings mustare tobe posted. If 643 there is no condominium property or association property where 644 notices can be posted, notices shall be mailed, delivered, or 645 electronically transmitted to each unit owner at least 14 days 646 before the meetingto the owner of each unit. In lieu of or in 647 addition to the physical posting of the notice on the 648 condominium property, the association may, by reasonable rule, 649 adopt a procedure for conspicuously posting and repeatedly 650 broadcasting the notice and the agenda on a closed-circuit cable 651 television system serving the condominium association. However, 652 if broadcast notice is used in lieu of a notice physically 653 posted on condominium property, the notice and agenda must be 654 broadcast at least four times every broadcast hour of each day 655 that a posted notice is otherwise required under this section. 656 If broadcast notice is provided, the notice and agenda must be 657 broadcast in a manner and for a sufficient continuous length of 658 time so as to allow an average reader to observe the notice and 659 read and comprehend the entire content of the notice and the 660 agenda. Notice of any meeting in which regular or special 661 assessments against unit owners are to be consideredfor any662reasonmust specifically state that assessments will be 663 considered and provide the nature, estimated cost, and 664 description of the purposes for such assessments. 665 2. Meetings of a committee to take final action on behalf 666 of the board or make recommendations to the board regarding the 667 association budget are subject to this paragraph. Meetings of a 668 committee that does not take final action on behalf of the board 669 or make recommendations to the board regarding the association 670 budget are subject to this section, unless those meetings are 671 exempted from this section by the bylaws of the association. 672 3. Notwithstanding any other law, the requirement that 673 board meetings and committee meetings be open to the unit owners 674 does not apply to: 675 a. Meetings between the board or a committee and the 676 association’s attorney, with respect to proposed or pending 677 litigation, if the meeting is held for the purpose of seeking or 678 rendering legal advice; or 679 b. Board meetings held for the purpose of discussing 680 personnel matters. 681 Section 11. Paragraph (a) of subsection (1) of section 682 718.116, Florida Statutes, is amended to read: 683 718.116 Assessments; liability; lien and priority; 684 interest; collection.— 685 (1)(a) A unit owner, regardless of how his or her title has 686 been acquired, including by purchase at a foreclosure sale or by 687 deed in lieu of foreclosure, is liable for all assessments which 688 come due while he or she is the unit owner. Additionally, a unit 689 owner is jointly and severally liable with the previous owner 690 for all unpaid assessments that came due up to the time of 691 transfer of title, as well as interest, late charges, and 692 reasonable costs and attorney fees incurred by the association 693 incident to the collection process. This liability is without 694 prejudice to any right the owner may have to recover from the 695 previous owner the amounts paid by the owner. For the purposes 696 of this paragraph, the term “previous owner” does not include an 697 association that acquires title to a delinquent property through 698 foreclosure or by deed in lieu of foreclosure. The present 699 parcel owner’s liability for unpaid assessments, interest, late 700 charges, and reasonable costs and attorney fees incurred by the 701 association incident to the collection process is limited to 702 those amounts that accrued before the association acquired title 703 to the delinquent property through foreclosure or by deed in 704 lieu of foreclosure. 705 Section 12. Section 718.707, Florida Statutes, is amended 706 to read: 707 718.707 Time limitation for classification as bulk assignee 708 or bulk buyer.—A person acquiring condominium parcels may not be 709 classified as a bulk assignee or bulk buyer unless the 710 condominium parcels were acquired on or after July 1, 2010, but 711 before July 1, 20162015. The date of such acquisition shall be 712 determined by the date of recording a deed or other instrument 713 of conveyance for such parcels in the public records of the 714 county in which the condominium is located, or by the date of 715 issuing a certificate of title in a foreclosure proceeding with 716 respect to such condominium parcels. 717 Section 13. Paragraph (c) of subsection (2) and subsection 718 (4) of section 719.104, Florida Statutes, are amended, and 719 paragraph (e) is added to subsection (4) of that section, to 720 read: 721 719.104 Cooperatives; access to units; records; financial 722 reports; assessments; purchase of leases.— 723 (2) OFFICIAL RECORDS.— 724 (c) The official records of the association are open to 725 inspection by any association member or the authorized 726 representative of such member at all reasonable times. The right 727 to inspect the records includes the right to make or obtain 728 copies, at the reasonable expense, if any, of the association 729 member. The association may adopt reasonable rules regarding the 730 frequency, time, location, notice, and manner of record 731 inspections and copying. The failure of an association to 732 provide the records within 10 working days after receipt of a 733 written request creates a rebuttable presumption that the 734 association willfully failed to comply with this paragraph. A 735 unit owner who is denied access to official records is entitled 736 to the actual damages or minimum damages for the association’s 737 willful failure to comply. The minimum damages are $50 per 738 calendar day for up to 10 days, beginning on the 11th working 739 day after receipt of the written request. The failure to permit 740 inspection entitles any person prevailing in an enforcement 741 action to recover reasonable attorney fees from the person in 742 control of the records who, directly or indirectly, knowingly 743 denied access to the records. Any person who knowingly or 744 intentionally defaces or destroys accounting records that are 745 required by this chapter to be maintained during the period for 746 which such records are required to be maintained, or who 747 knowingly or intentionally fails to create or maintain 748 accounting records that are required to be created or 749 maintained, with the intent of causing harm to the association 750 or one or more of its members, is personally subject to a civil 751 penalty pursuant to s. 719.501(1)(d). The association shall 752 maintain an adequate number of copies of the declaration, 753 articles of incorporation, bylaws, and rules, and all amendments 754 to each of the foregoing, as well as the question and answer 755 sheet as described in s. 719.504 and year-end financial 756 information required by the department, on the cooperative 757 property to ensure their availability to unit owners and 758 prospective purchasers, and may charge its actual costs for 759 preparing and furnishing these documents to those requesting the 760 same. An association shall allow a member or his or her 761 authorized representative to use a portable device, including a 762 smartphone, tablet, portable scanner, or any other technology 763 capable of scanning or taking photographs, to make an electronic 764 copy of the official records in lieu of the association 765 providing the member or his or her authorized representative 766 with a copy of such records. The association may not charge a 767 member or his or her authorized representative for the use of a 768 portable device. Notwithstanding this paragraph, the following 769 records shall not be accessible to unit owners: 770 1. Any record protected by the lawyer-client privilege as 771 described in s. 90.502 and any record protected by the work 772 product privilege, including any record prepared by an 773 association attorney or prepared at the attorney’s express 774 direction which reflects a mental impression, conclusion, 775 litigation strategy, or legal theory of the attorney or the 776 association, and which was prepared exclusively for civil or 777 criminal litigation or for adversarial administrative 778 proceedings, or which was prepared in anticipation of such 779 litigation or proceedings until the conclusion of the litigation 780 or proceedings. 781 2. Information obtained by an association in connection 782 with the approval of the lease, sale, or other transfer of a 783 unit. 784 3. Personnel records of association or management company 785 employees, including, but not limited to, disciplinary, payroll, 786 health, and insurance records. For purposes of this 787 subparagraph, the term “personnel records” does not include 788 written employment agreements with an association employee or 789 management company, or budgetary or financial records that 790 indicate the compensation paid to an association employee. 791 4. Medical records of unit owners. 792 5. Social security numbers, driver license numbers, credit 793 card numbers, e-mail addresses, telephone numbers, facsimile 794 numbers, emergency contact information, addresses of a unit 795 owner other than as provided to fulfill the association’s notice 796 requirements, and other personal identifying information of any 797 person, excluding the person’s name, unit designation, mailing 798 address, property address, and any address, e-mail address, or 799 facsimile number provided to the association to fulfill the 800 association’s notice requirements. Notwithstanding the 801 restrictions in this subparagraph, an association may print and 802 distribute to parcel owners a directory containing the name, 803 parcel address, and all telephone numbersnumberof each parcel 804 owner. However, an owner may exclude his or her telephone number 805 from the directory by so requesting in writing to the 806 association. An owner may consent in writing to the disclosure 807 of other contact information described in this subparagraph. The 808 association is not liable for the inadvertent disclosure of 809 information that is protected under this subparagraph if the 810 information is included in an official record of the association 811 and is voluntarily provided by an owner and not requested by the 812 association. 813 6. Electronic security measures that are used by the 814 association to safeguard data, including passwords. 815 7. The software and operating system used by the 816 association which allow the manipulation of data, even if the 817 owner owns a copy of the same software used by the association. 818 The data is part of the official records of the association. 819 (e) An outgoing board or committee member must relinquish 820 all official records and property of the association in his or 821 her possession or under his or her control to the incoming board 822 within 5 days after the election. The division shall impose a 823 civil penalty as set forth in s. 719.501(1)(d) against an 824 outgoing board or committee member who willfully and knowingly 825 fails to relinquish such records and property. 826 (4) FINANCIAL REPORT.— 827 (a) Within 9060days following the end of the fiscal or 828 calendar year or annually on such date asis otherwiseprovided 829 in the bylaws of the association, the board of administrationof830the associationshall prepare and complete, or contract with a 831 third party to prepare and complete, a financial report covering 832 the preceding fiscal or calendar year. Within 21 days after the 833 financial report is completed by the association or received 834 from the third party, but no later than 120 days after the end 835 of the fiscal year, calendar year, or other date provided in the 836 bylaws, the association shall provide each member with a copy of 837 the annual financial report or a written notice that a copy of 838 the financial report is available upon request at no charge to 839 the member. The division shall adopt rules setting forth uniform 840 accounting principles, standards, and reporting requirements 841mail or furnish by personal delivery to each unit owner a842complete financial report of actual receipts and expenditures843for the previous 12 months, or a complete set of financial844statements for the preceding fiscal year prepared in accordance845with generally accepted accounting procedures.The report shall846show the amounts of receipts by accounts and receipt847classifications and shall show the amounts of expenses by848accounts and expense classifications including, if applicable,849but not limited to, the following:8501. Costs for security;8512. Professional and management fees and expenses;8523. Taxes;8534. Costs for recreation facilities;8545. Expenses for refuse collection and utility services;8556. Expenses for lawn care;8567. Costs for building maintenance and repair;8578. Insurance costs;8589. Administrative and salary expenses; and85910. Reserves for capital expenditures, deferred860maintenance, and any other category for which the association861maintains a reserve account or accounts.862 (b) Except as provided in paragraph (c), an association 863 whose total annual revenues meet the criteria of this paragraph 864 shall prepare or cause to be prepared a complete financial 865 statement according to the generally accepted accounting 866 principles adopted by the Board of Accountancy. The financial 867 statement shall be as follows: 868 1. An association with total annual revenues between 869 $150,000 and $299,999 shall prepare a compiled financial 870 statement. 871 2. An association with total annual revenues between 872 $300,000 and $499,999 shall prepare a reviewed financial 873 statement. 874 3. An association with total annual revenues of $500,000 or 875 more shall prepare an audited financial statementThe division876shall adopt rules that may require that the association deliver877to the unit owners, in lieu of the financial report required by878this section, a complete set of financial statements for the879preceding fiscal year.The financial statements shall be880delivered within 90 days following the end of the previous881fiscal year or annually on such other date as provided in the882bylaws. The rules of the division may require that the financial883statements be compiled, reviewed, or audited, and the rules884shall take into consideration the criteria set forth in s.885719.501(1)(j).886 887 The requirement to have the financial statementstatements888 compiled, reviewed, or audited does not apply to an association 889associationsif a majority of the voting interests of the 890 association present at a duly called meeting of the association 891 have voteddetermined for a fiscal yearto waive this 892 requirement for the fiscal year. In an association in which 893 turnover of control by the developer has not occurred, the 894 developer may vote to waive the audit requirement for the first 895 2 years oftheoperation of the association, after which time 896 waiver of an applicable audit requirement shall be by a majority 897 of voting interests other than the developer. The meeting shall 898 be held prior to the end of the fiscal year, and the waiver 899 shall be effective for only one fiscal year. An association may 900 not waive the financial reporting requirements of this section 901 for more than 3 consecutive yearsThis subsection does not apply902to a cooperative that consists of 50 or fewer units. 903 (c)1. An association with total annual revenues of less 904 than $150,000 shall prepare a report of cash receipts and 905 expenditures. 906 2. An association in a community of fewer than 50 units, 907 regardless of the association’s annual revenues, shall prepare a 908 report of cash receipts and expenditures in lieu of the 909 financial statement required by paragraph (b), unless the 910 declaration or other recorded governing documents provide 911 otherwise. 912 3. A report of cash receipts and expenditures must disclose 913 the amount of receipts by accounts and receipt classifications 914 and the amount of expenses by accounts and expense 915 classifications, including the following, as applicable: costs 916 for security; professional and management fees and expenses; 917 taxes; costs for recreation facilities; expenses for refuse 918 collection and utility services; expenses for lawn care; costs 919 for building maintenance and repair; insurance costs; 920 administration and salary expenses; and reserves, if maintained 921 by the association. 922 (d) If at least 20 percent of the unit owners petition the 923 board for a greater level of financial reporting than that 924 required by this section, the association shall duly notice and 925 hold a meeting of members within 30 days after receipt of the 926 petition to vote on raising the level of reporting for that 927 fiscal year. Upon approval by a majority of the voting interests 928 represented at a meeting at which a quorum of unit owners is 929 present, the association shall prepare an amended budget or 930 shall adopt a special assessment to pay for the financial report 931 regardless of any provision to the contrary in the declaration 932 or other recorded governing documents. In addition, the 933 association shall provide within 90 days after the meeting or 934 the end of the fiscal year, whichever occurs later: 935 1. A compiled, reviewed, or audited financial statement, if 936 the association is otherwise required to prepare a report of 937 cash receipts and expenditures; 938 2. A reviewed or audited financial statement, if the 939 association is otherwise required to prepare a compiled 940 financial statement; or 941 3. An audited financial statement, if the association is 942 otherwise required to prepare a reviewed financial statement. 943 (e) If approved by a majority of the voting interests 944 present at a properly called meeting of the association, an 945 association may prepare or cause to be prepared: 946 1. A report of cash receipts and expenditures in lieu of a 947 compiled, reviewed, or audited financial statement; 948 2. A report of cash receipts and expenditures or a compiled 949 financial statement in lieu of a reviewed or audited financial 950 statement; or 951 3. A report of cash receipts and expenditures, a compiled 952 financial statement, or a reviewed financial statement in lieu 953 of an audited financial statement. 954 Section 14. Paragraph (a) of subsection (1) of section 955 719.106, Florida Statutes, is amended to read: 956 719.106 Bylaws; cooperative ownership.— 957 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative 958 documents shall provide for the following, and if they do not, 959 they shall be deemed to include the following: 960 (a) Administration.— 961 1. The form of administration of the association shall be 962 described, indicating the titles of the officers and board of 963 administration and specifying the powers, duties, manner of 964 selection and removal, and compensation, if any, of officers and 965 board members. In the absence of such a provision, the board of 966 administration shall be composed of five members, except in the 967 case of cooperatives having five or fewer units, in which case 968 in not-for-profit corporations, the board shall consist of not 969 fewer than three members. In the absence of provisions to the 970 contrary, the board of administration shall have a president, a 971 secretary, and a treasurer, who shall perform the duties of 972 those offices customarily performed by officers of corporations. 973 Unless prohibited in the bylaws, the board of administration may 974 appoint other officers and grant them those duties it deems 975 appropriate. Unless otherwise provided in the bylaws, the 976 officers shall serve without compensation and at the pleasure of 977 the board. Unless otherwise provided in the bylaws, the members 978 of the board shall serve without compensation. 979 2. A person who has been suspended or removed by the 980 division under this chapter, or who is delinquent in the payment 981 of any monetary obligation due to the association, is not 982 eligible to be a candidate for board membership and may not be 983 listed on the ballot. A director or officer charged by 984 information or indictment with a felony theft or embezzlement 985 offense involving the association’s funds or property is 986 suspended from office. The board shall fill the vacancy 987 according to general law until the end of the period of the 988 suspension or the end of the director’s term of office, 989 whichever occurs first. However, if the charges are resolved 990 without a finding of guilt or without acceptance of a plea of 991 guilty or nolo contendere, the director or officer shall be 992 reinstated for any remainder of his or her term of office. A 993 member who has such criminal charges pending may not be 994 appointed or elected to a position as a director or officer. A 995 person who has been convicted of any felony in this state or in 996 any United States District Court, or who has been convicted of 997 any offense in another jurisdiction which would be considered a 998 felony if committed in this state, is not eligible for board 999 membership unless such felon’s civil rights have been restored 1000 for at least 5 years as of the date such person seeks election 1001 to the board. The validity of an action by the board is not 1002 affected if it is later determined that a board member is 1003 ineligible for board membership due to having been convicted of 1004 a felony. 1005 3.2.When a unit owner files a written inquiry by certified 1006 mail with the board of administration, the board shall respond 1007 in writing to the unit owner within 30 days of receipt of the 1008 inquiry. The board’s response shall either give a substantive 1009 response to the inquirer, notify the inquirer that a legal 1010 opinion has been requested, or notify the inquirer that advice 1011 has been requested from the division. If the board requests 1012 advice from the division, the board shall, within 10 days of its 1013 receipt of the advice, provide in writing a substantive response 1014 to the inquirer. If a legal opinion is requested, the board 1015 shall, within 60 days after the receipt of the inquiry, provide 1016 in writing a substantive response to the inquirer. The failure 1017 to provide a substantive response to the inquirer as provided 1018 herein precludes the board from recovering attorneyattorney’s1019 fees and costs in any subsequent litigation, administrative 1020 proceeding, or arbitration arising out of the inquiry. The 1021 association may, through its board of administration, adopt 1022 reasonable rules and regulations regarding the frequency and 1023 manner of responding to the unit owners’ inquiries, one of which 1024 may be that the association is obligated to respond to only one 1025 written inquiry per unit in any given 30-day period. In such 1026 case, any additional inquiry or inquiries must be responded to 1027 in the subsequent 30-day period, or periods, as applicable. 1028 Section 15. Subsection (1) of section 719.108, Florida 1029 Statutes, is amended to read: 1030 719.108 Rents and assessments; liability; lien and 1031 priority; interest; collection; cooperative ownership.— 1032 (1) A unit owner, regardless of how title is acquired, 1033 including, without limitation, a purchaser at a judicial sale, 1034 shall be liable for all rents and assessments coming due while 1035 the unit owner is in exclusive possession of a unit. In a 1036 voluntary transfer, the unit owner in exclusive possession shall 1037 be jointly and severally liable with the previous unit owner for 1038 all unpaid rents and assessments against the previous unit owner 1039 for his or her share of the common expenses up to the time of 1040 the transfer, as well as interest, late charges, and reasonable 1041 costs and attorney fees incurred by the association incident to 1042 the collection process without prejudice to the rights of the 1043 unit owner in exclusive possession to recover from the previous 1044 unit owner the amounts paid by the unit owner in exclusive 1045 possession therefor. For the purposes of this paragraph, the 1046 term “previous owner” does not include an association that 1047 acquires title to a delinquent property through foreclosure or 1048 by deed in lieu of foreclosure. The present parcel owner’s 1049 liability for unpaid rents and assessments, interest, late 1050 charges, and reasonable costs and attorney fees incurred by the 1051 association incident to the collection process is limited to 1052 those amounts that accrued before the association acquired title 1053 to the delinquent property through foreclosure or by deed in 1054 lieu of foreclosure. 1055 Section 16. Section 719.128, Florida Statutes, is created 1056 to read: 1057 719.128 Association emergency powers.— 1058 (1) To the extent allowed by law, unless specifically 1059 prohibited by the cooperative documents, and consistent with s. 1060 617.0830, the board of administration, in response to damage 1061 caused by an event for which a state of emergency is declared 1062 pursuant to s. 252.36 in the area encompassed by the 1063 cooperative, may exercise the following powers: 1064 (a) Conduct board or membership meetings after notice of 1065 the meetings and board decisions is provided in as practicable a 1066 manner as possible, including via publication, radio, United 1067 States mail, the Internet, public service announcements, 1068 conspicuous posting on the cooperative property, or any other 1069 means the board deems appropriate under the circumstances. 1070 (b) Cancel and reschedule an association meeting. 1071 (c) Designate assistant officers who are not directors. If 1072 the executive officer is incapacitated or unavailable, the 1073 assistant officer has the same authority during the state of 1074 emergency as the executive officer he or she assists. 1075 (d) Relocate the association’s principal office or 1076 designate an alternative principal office. 1077 (e) Enter into agreements with counties and municipalities 1078 to assist counties and municipalities with debris removal. 1079 (f) Implement a disaster plan before or immediately 1080 following the event for which a state of emergency is declared, 1081 which may include turning on or shutting off elevators; 1082 electricity; water, sewer, or security systems; or air 1083 conditioners for association buildings. 1084 (g) Based upon the advice of emergency management officials 1085 or upon the advice of licensed professionals retained by the 1086 board of administration, determine any portion of the 1087 cooperative property unavailable for entry or occupancy by unit 1088 owners or their family members, tenants, guests, agents, or 1089 invitees to protect their health, safety, or welfare. 1090 (h) Based upon the advice of emergency management officials 1091 or upon the advice of licensed professionals retained by the 1092 board of administration, determine whether the cooperative 1093 property can be safely inhabited or occupied. However, such 1094 determination is not conclusive as to any determination of 1095 habitability pursuant to the declaration. 1096 (i) Require the evacuation of the cooperative property in 1097 the event of a mandatory evacuation order in the area where the 1098 cooperative is located. If a unit owner or other occupant of a 1099 cooperative fails to evacuate the cooperative property for which 1100 the board has required evacuation, the association is immune 1101 from liability for injury to persons or property arising from 1102 such failure. 1103 (j) Mitigate further damage, including taking action to 1104 contract for the removal of debris and to prevent or mitigate 1105 the spread of fungus, including mold or mildew, by removing and 1106 disposing of wet drywall, insulation, carpet, cabinetry, or 1107 other fixtures on or within the cooperative property, regardless 1108 of whether the unit owner is obligated by the declaration or law 1109 to insure or replace those fixtures and to remove personal 1110 property from a unit. 1111 (k) Contract, on behalf of a unit owner, for items or 1112 services for which the owner is otherwise individually 1113 responsible, but which are necessary to prevent further damage 1114 to the cooperative property. In such event, the unit owner on 1115 whose behalf the board has contracted is responsible for 1116 reimbursing the association for the actual costs of the items or 1117 services, and the association may use its lien authority 1118 provided by s. 719.108 to enforce collection of the charges. 1119 Such items or services may include the drying of the unit, the 1120 boarding of broken windows or doors, and the replacement of a 1121 damaged air conditioner or air handler to provide climate 1122 control in the unit or other portions of the property. 1123 (l) Notwithstanding a provision to the contrary, and 1124 regardless of whether such authority does not specifically 1125 appear in the cooperative documents, levy special assessments 1126 without a vote of the owners. 1127 (m) Without unit owners’ approval, borrow money and pledge 1128 association assets as collateral to fund emergency repairs and 1129 carry out the duties of the association if operating funds are 1130 insufficient. This paragraph does not limit the general 1131 authority of the association to borrow money, subject to such 1132 restrictions contained in the cooperative documents. 1133 (2) The authority granted under subsection (1) is limited 1134 to that time reasonably necessary to protect the health, safety, 1135 and welfare of the association and the unit owners and their 1136 family members, tenants, guests, agents, or invitees, and to 1137 mitigate further damage and make emergency repairs. 1138 Section 17. Paragraph (c) of subsection (5) of section 1139 720.303, Florida Statutes, is amended to read: 1140 720.303 Association powers and duties; meetings of board; 1141 official records; budgets; financial reporting; association 1142 funds; recalls.— 1143 (5) INSPECTION AND COPYING OF RECORDS.—The official records 1144 shall be maintained within the state for at least 7 years and 1145 shall be made available to a parcel owner for inspection or 1146 photocopying within 45 miles of the community or within the 1147 county in which the association is located within 10 business 1148 days after receipt by the board or its designee of a written 1149 request. This subsection may be complied with by having a copy 1150 of the official records available for inspection or copying in 1151 the community or, at the option of the association, by making 1152 the records available to a parcel owner electronically via the 1153 Internet or by allowing the records to be viewed in electronic 1154 format on a computer screen and printed upon request. If the 1155 association has a photocopy machine available where the records 1156 are maintained, it must provide parcel owners with copies on 1157 request during the inspection if the entire request is limited 1158 to no more than 25 pages. An association shall allow a member or 1159 his or her authorized representative to use a portable device, 1160 including a smartphone, tablet, portable scanner, or any other 1161 technology capable of scanning or taking photographs, to make an 1162 electronic copy of the official records in lieu of the 1163 association’s providing the member or his or her authorized 1164 representative with a copy of such records. The association may 1165 not charge a fee to a member or his or her authorized 1166 representative for the use of a portable device. 1167 (c) The association may adopt reasonable written rules 1168 governing the frequency, time, location, notice, records to be 1169 inspected, and manner of inspections, but may not require a 1170 parcel owner to demonstrate any proper purpose for the 1171 inspection, state any reason for the inspection, or limit a 1172 parcel owner’s right to inspect records to less than one 8-hour 1173 business day per month. The association may impose fees to cover 1174 the costs of providing copies of the official records, including 1175 the costs of copying and the costs required for personnel to 1176 retrieve and copy the records if the time spent retrieving and 1177 copying the records exceeds one-half hour and if the personnel 1178 costs do not exceed $20 per hour. Personnel costs may not be 1179 charged for records requests that result in the copying of 25 or 1180 fewer pages. The association may charge up to 25 cents per page 1181 for copies made on the association’s photocopier. If the 1182 association does not have a photocopy machine available where 1183 the records are kept, or if the records requested to be copied 1184 exceed 25 pages in length, the association may have copies made 1185 by an outside duplicating service and may charge the actual cost 1186 of copying, as supported by the vendor invoice. The association 1187 shall maintain an adequate number of copies of the recorded 1188 governing documents, to ensure their availability to members and 1189 prospective members. Notwithstanding this paragraph, the 1190 following records are not accessible to members or parcel 1191 owners: 1192 1. Any record protected by the lawyer-client privilege as 1193 described in s. 90.502 and any record protected by the work 1194 product privilege, including, but not limited to, a record 1195 prepared by an association attorney or prepared at the 1196 attorney’s express direction which reflects a mental impression, 1197 conclusion, litigation strategy, or legal theory of the attorney 1198 or the association and which was prepared exclusively for civil 1199 or criminal litigation or for adversarial administrative 1200 proceedings or which was prepared in anticipation of such 1201 litigation or proceedings until the conclusion of the litigation 1202 or proceedings. 1203 2. Information obtained by an association in connection 1204 with the approval of the lease, sale, or other transfer of a 1205 parcel. 1206 3. Personnel records of association or management company 1207 employees, including, but not limited to, disciplinary, payroll, 1208 health, and insurance records. For purposes of this 1209 subparagraph, the term “personnel records” does not include 1210 written employment agreements with an association or management 1211 company employee or budgetary or financial records that indicate 1212 the compensation paid to an association or management company 1213 employee. 1214 4. Medical records of parcel owners or community residents. 1215 5. Social security numbers, driver license numbers, credit 1216 card numbers, electronic mailing addresses, telephone numbers, 1217 facsimile numbers, emergency contact information, any addresses 1218 for a parcel owner other than as provided for association notice 1219 requirements, and other personal identifying information of any 1220 person, excluding the person’s name, parcel designation, mailing 1221 address, and property address. Notwithstanding the restrictions 1222 in this subparagraph, an association may print and distribute to 1223 parcel owners a directory containing the name, parcel address, 1224 and all telephone numbersnumberof each parcel owner. However, 1225 an owner may exclude his or her telephone number from the 1226 directory by so requesting in writing to the association. An 1227 owner may consent in writing to the disclosure of other contact 1228 information described in this subparagraph. The association is 1229 not liable for the disclosure of information that is protected 1230 under this subparagraph if the information is included in an 1231 official record of the association and is voluntarily provided 1232 by an owner and not requested by the association. 1233 6. Any electronic security measure that is used by the 1234 association to safeguard data, including passwords. 1235 7. The software and operating system used by the 1236 association which allows the manipulation of data, even if the 1237 owner owns a copy of the same software used by the association. 1238 The data is part of the official records of the association. 1239 Section 18. Paragraph (b) of subsection (1) of section 1240 720.306, Florida Statutes, is amended to read: 1241 720.306 Meetings of members; voting and election 1242 procedures; amendments.— 1243 (1) QUORUM; AMENDMENTS.— 1244 (b) Unless otherwise provided in the governing documents or 1245 required by law, and other than those matters set forth in 1246 paragraph (c), any governing document of an association may be 1247 amended by the affirmative vote of two-thirds of the voting 1248 interests of the association. Within 30 days after recording an 1249 amendment to the governing documents, the association shall 1250 provide copies of the amendment to the members. Further, if a 1251 copy of the proposed amendment had been previously provided to 1252 the members before the vote of the members on the amendment and 1253 the proposed amendment was not changed before the vote of the 1254 members, the association may, in lieu of providing a copy of the 1255 amendment, provide notice that the amendment was adopted, 1256 provide in the notice the official book and page number or 1257 instrument number of the recorded amendment, and provide notice 1258 that a copy of the amendment is available at no charge to the 1259 member upon written request to the association. The copies and 1260 notice described herein may be provided electronically to those 1261 owners who have consented to receive notice electronically. 1262 Section 19. Paragraph (b) of subsection (2) of section 1263 720.3085, Florida Statutes, is amended to read: 1264 720.3085 Payment for assessments; lien claims.— 1265 (2)(b) A parcel owner is jointly and severally liable with 1266 the previous parcel owner for all unpaid assessments that came 1267 due up to the time of transfer of title, as well as interest, 1268 late charges, and reasonable costs and attorney fees incurred by 1269 the association incident to the collection process. This 1270 liability is without prejudice to any right the present parcel 1271 owner may have to recover any amounts paid by the present owner 1272 from the previous owner. For the purposes of this paragraph, the 1273 term “previous owner” shall not include an association that 1274 acquires title to a delinquent property through foreclosure or 1275 by deed in lieu of foreclosure. The present parcel owner’s 1276 liability for unpaid assessments, interest, late charges, and 1277 reasonable costs and attorney fees incurred by the association 1278 incident to the collection process is limited to those amounts 1279any unpaid assessmentsthat accrued before the association 1280 acquired title to the delinquent property through foreclosure or 1281 by deed in lieu of foreclosure. 1282 Section 20. Section 720.316, Florida Statutes, is created 1283 to read: 1284 720.316 Association emergency powers.— 1285 (1) To the extent allowed by law, unless specifically 1286 prohibited by the declaration or other recorded governing 1287 documents, and consistent with s. 617.0830, the board of 1288 directors, in response to damage caused by an event for which a 1289 state of emergency is declared pursuant to s. 252.36 in the area 1290 encompassed by the association, may exercise the following 1291 powers: 1292 (a) Conduct board or membership meetings after notice of 1293 the meetings and board decisions is provided in as practicable a 1294 manner as possible, including via publication, radio, United 1295 States mail, the Internet, public service announcements, 1296 conspicuous posting on the association property, or any other 1297 means the board deems appropriate under the circumstances. 1298 (b) Cancel and reschedule an association meeting. 1299 (c) Designate assistant officers who are not directors. If 1300 the executive officer is incapacitated or unavailable, the 1301 assistant officer has the same authority during the state of 1302 emergency as the executive officer he or she assists. 1303 (d) Relocate the association’s principal office or 1304 designate an alternative principal office. 1305 (e) Enter into agreements with counties and municipalities 1306 to assist counties and municipalities with debris removal. 1307 (f) Implement a disaster plan before or immediately 1308 following the event for which a state of emergency is declared, 1309 which may include, but is not limited to, turning on or shutting 1310 off elevators; electricity; water, sewer, or security systems; 1311 or air conditioners for association buildings. 1312 (g) Based upon the advice of emergency management officials 1313 or upon the advice of licensed professionals retained by the 1314 board, determine any portion of the association property 1315 unavailable for entry or occupancy by owners or their family 1316 members, tenants, guests, agents, or invitees to protect their 1317 health, safety, or welfare. 1318 (h) Based upon the advice of emergency management officials 1319 or upon the advice of licensed professionals retained by the 1320 board, determine whether the association property can be safely 1321 inhabited or occupied. However, such determination is not 1322 conclusive as to any determination of habitability pursuant to 1323 the declaration. 1324 (i) Mitigate further damage, including taking action to 1325 contract for the removal of debris and to prevent or mitigate 1326 the spread of fungus, including, mold or mildew, by removing and 1327 disposing of wet drywall, insulation, carpet, cabinetry, or 1328 other fixtures on or within the association property. 1329 (j) Notwithstanding a provision to the contrary, and 1330 regardless of whether such authority does not specifically 1331 appear in the declaration or other recorded governing documents, 1332 levy special assessments without a vote of the owners. 1333 (k) Without owners’ approval, borrow money and pledge 1334 association assets as collateral to fund emergency repairs and 1335 carry out the duties of the association if operating funds are 1336 insufficient. This paragraph does not limit the general 1337 authority of the association to borrow money, subject to such 1338 restrictions contained in the declaration or other recorded 1339 governing documents. 1340 (2) The authority granted under subsection (1) is limited 1341 to that time reasonably necessary to protect the health, safety, 1342 and welfare of the association and the parcel owners and their 1343 family members, tenants, guests, agents, or invitees, and to 1344 mitigate further damage and make emergency repairs. 1345 Section 21. This act shall take effect July 1, 2014.