Bill Text: FL S1178 | 2024 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Community Associations
Spectrum:
Status: (Introduced) 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 1021 [S1178 Detail]
Download: Florida-2024-S1178-Comm_Sub.html
Bill Title: Community Associations
Spectrum:
Status: (Introduced) 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 1021 [S1178 Detail]
Download: Florida-2024-S1178-Comm_Sub.html
Florida Senate - 2024 CS for CS for SB 1178 By the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Regulated Industries; and Senators Bradley, Pizzo, and Osgood 601-03259-24 20241178c2 1 A bill to be entitled 2 An act relating to community associations; amending s. 3 468.4334, F.S.; requiring community associations or 4 successor community association managers and 5 management firms to return official records of an 6 association within a specified period following 7 termination of a contract; specifying the manner of 8 delivery for the notice of termination; authorizing 9 the manager or management firm to retain records for a 10 specified purpose within a specified timeframe; 11 relieving a manager or management firm from 12 responsibility if the association fails to provide 13 access to the records necessary to complete an ending 14 financial statement or report; providing a rebuttable 15 presumption regarding noncompliance; providing 16 penalties for the failure to timely return official 17 records; creating s. 468.4335, F.S.; requiring 18 community association managers and management firms to 19 provide a written disclosure of certain conflicts of 20 interest to the association’s board; providing a 21 rebuttable presumption as to the existence of a 22 conflict; requiring an association to solicit multiple 23 competitive bids for goods or services under certain 24 circumstances; providing requirements for an 25 association to approve any contract or transaction 26 deemed a conflict of interest; authorizing the 27 cancellation of a management contract, subject to 28 certain requirements; specifying liability and 29 nonliability of the association upon cancellation of 30 such a contract; authorizing an association to void 31 certain contracts if certain conflicts were not 32 disclosed in accordance with the act; defining the 33 term “relative”; providing applicability; amending s. 34 468.436, F.S.; revising the list of grounds for which 35 the Department of Business and Professional Regulation 36 may take disciplinary actions against community 37 association managers or firms, to conform to changes 38 made by the act; amending s. 553.8445, F.S.; providing 39 that all residential dwellings must be required to be 40 equipped with a certain reusable device designed for a 41 specified purpose as a condition for the issuance of 42 certain permits and completion of a certain 43 inspection; providing applicability; requiring the 44 Florida Building Commission to adopt certain rules; 45 amending s. 553.899, F.S.; revising applicability; 46 amending s. 718.103, F.S.; revising the definition of 47 the term “alternative funding method” to conform to 48 changes made by the act; defining the term “hurricane 49 protection”; amending s. 718.104, F.S.; requiring that 50 declarations specify the entity responsible for the 51 installation, maintenance, repair, or replacement of 52 hurricane protection; amending s. 718.111, F.S.; 53 defining the term “kickback”; providing criminal 54 penalties for any officer, director, or manager of an 55 association who knowingly solicits, offers to accept, 56 or accepts a kickback; requiring the Division of 57 Florida Condominiums, Timeshares, and Mobile Homes to 58 monitor compliance and issue fines and penalties for 59 failure of an association to maintain the required 60 insurance policy or fidelity bonding; revising the 61 list of records that constitute the official records 62 of an association; revising maintenance requirements 63 for official records; revising requirements regarding 64 requests to inspect or copy association records; 65 requiring an association to provide a checklist in 66 response to certain records requests; providing a 67 rebuttable presumption regarding compliance; providing 68 criminal penalties for certain violations regarding 69 noncompliance with records requirements; defining the 70 term “repeatedly”; requiring that copies of certain 71 building permits be posted on an association’s website 72 or application; modifying the method of delivery of 73 certain letters regarding association financial 74 reports to unit owners; conforming a provision to 75 changes made by the act; revising circumstances under 76 which an association may prepare certain reports; 77 revising applicable law for criminal penalties for 78 persons who unlawfully use a debit card issued in the 79 name of an association; defining the term “lawful 80 obligation of the association”; revising the threshold 81 for associations that must post certain documents on 82 their websites or through an application; amending s. 83 718.112, F.S.; requiring the boards of administration 84 of associations consisting of more than a specified 85 number of units to meet a minimum number of times each 86 quarter; revising requirements regarding notice of 87 such meetings; requiring a director of a board of an 88 association to provide a written certification and 89 complete an educational requirement upon election or 90 appointment to the board; specifying requirements for 91 the education curriculum; requiring the association to 92 bear the costs of the required educational curriculum 93 and certificate; providing transitional provisions; 94 requiring that an association’s budget include reserve 95 amounts for planned maintenance, rather than for 96 deferred maintenance; providing that, upon a 97 determination by a specified local building official 98 that an entire condominium building is uninhabitable 99 due to a natural emergency, the board, upon the 100 approval of a majority of its members, may pause 101 contribution to reserves or reduce reserve funding for 102 a specified period of time; authorizing an association 103 to expend any reserve accounts held by the association 104 to make the building and its structures habitable; 105 requiring the association to immediately resume 106 contributing funds to its reserve once the local 107 building official determines the building and its 108 structures are habitable; providing that a 109 condominium’s structural integrity reserve study may 110 recommend a temporary pause in reserve funding under 111 certain circumstances; revising applicability; 112 requiring an association to distribute copies of a 113 structural integrity reserve study to unit owners or 114 deliver a certain notice to them within a specified 115 timeframe; specifying the manner of distribution or 116 delivery; revising the circumstances under which a 117 director or an officer must be removed from office 118 after being charged by information or indictment; 119 prohibiting such officers and directors with pending 120 criminal charges from accessing the official records 121 of any association; providing an exception; providing 122 criminal penalties for certain fraudulent voting 123 activities relating to association elections; 124 requiring any person charged to be removed from office 125 and a vacancy be declared; amending s. 718.113, F.S.; 126 providing applicability; authorizing, rather than 127 requiring, certain hurricane protection 128 specifications; specifying that certain actions are 129 not material alterations or substantial additions; 130 authorizing the boards of residential and mixed-use 131 condominiums to install or require the unit owners to 132 install hurricane protection; requiring a vote of the 133 unit owners for the installation of hurricane 134 protection; requiring that such vote be attested to in 135 a certificate and recorded in certain public records; 136 providing requirements for such certificate; providing 137 that the validity or enforceability of a vote of the 138 unit owners is not affected if the board fails to 139 record a certificate or send a copy of the recorded 140 certificate to the unit owners; providing that a vote 141 of the unit owners is not required under certain 142 circumstances; prohibiting installation of the same 143 type of hurricane protection previously installed; 144 providing exceptions; prohibiting the boards of 145 residential and mixed-use condominiums from refusing 146 to approve certain hurricane protections; authorizing 147 the board to require owners to adhere to certain 148 guidelines regarding the external appearance of a 149 condominium; revising responsibility for the cost of 150 removal or reinstallation of hurricane protection and 151 certain exterior windows, doors, or apertures in 152 certain circumstances; requiring the board to make a 153 certain determination; providing that costs incurred 154 by the association in connection with such removal or 155 reinstallation completed by the association may not be 156 charged to the unit owner; requiring reimbursement of 157 the unit owner, or application of a credit toward 158 future assessments, in certain circumstances; 159 authorizing the association to collect charges if the 160 association removes or installs hurricane protection 161 and making such charges enforceable as an assessment; 162 amending s. 718.115, F.S.; specifying when the cost of 163 installation of hurricane protection is not a common 164 expense; authorizing certain expenses to be 165 enforceable as assessments; requiring that certain 166 unit owners be excused from certain assessments or to 167 receive a credit for hurricane protection that has 168 been installed; providing credit applicability under 169 certain circumstances; providing for the amount of 170 credit that a unit owner must receive; specifying that 171 certain expenses are common expenses; amending s. 172 718.121, F.S.; conforming a cross-reference; amending 173 s. 718.1224, F.S.; revising legislative findings and 174 intent to conform to changes made by the act; revising 175 the definition of the term “governmental entity”; 176 prohibiting a condominium association from filing 177 strategic lawsuits against public participation; 178 prohibiting an association from taking certain action 179 against a unit owner in response to specified conduct; 180 prohibiting associations from expending association 181 funds in support of certain actions against a unit 182 owner; conforming provisions to changes made by the 183 act; amending s. 718.128, F.S.; authorizing a 184 condominium association to conduct elections and other 185 unit owner votes through an online voting system if a 186 unit owner consents, either electronically or in 187 writing, to online voting; revising applicability; 188 amending s. 718.301, F.S.; revising items that 189 developers are required to deliver to an association 190 upon relinquishing control of the association; 191 amending s. 718.3027, F.S.; revising requirements 192 regarding attendance at a board meeting in the event 193 of a conflict of interest; modifying circumstances 194 under which a contract may be voided; amending s. 195 718.303, F.S.; requiring that a notice of nonpayment 196 be provided to a unit owner by a specified time before 197 an election; amending s. 718.501, F.S.; revising 198 circumstances under which the Division of Florida 199 Condominiums, Timeshares, and Mobile Homes has 200 jurisdiction to investigate and enforce certain 201 matters; requiring the division to provide official 202 records, without charge, to a unit owner denied access 203 to such records; requiring the division to adopt rules 204 related to the approval of educational curriculum 205 providers; requiring the division to refer suspected 206 criminal acts to the appropriate law enforcement 207 authority; authorizing certain division officials to 208 attend association meetings; requiring that an 209 association’s annual fee be filed concurrently with 210 the annual certification; specifying requirements for 211 the annual certification; requiring an association to 212 explain on the certification the reasons any 213 certification requirements have not been met; 214 requiring an association to complete the 215 certifications within a specified timeframe; requiring 216 the association to notify the division when the 217 certification is completed; conforming a provision to 218 changes made by the act; amending s. 718.5011, F.S.; 219 specifying that the secretary of the Department of 220 Business and Professional Regulation, rather than the 221 Governor, shall appoint the condominium ombudsman; 222 amending s. 718.618, F.S.; conforming a provision to 223 changes made by the act; amending s. 719.106, F.S.; 224 requiring that a cooperative association’s budget 225 include reserve amounts for planned maintenance, 226 rather than for deferred maintenance; providing an 227 exception for certain associations to complete a 228 structural integrity reserve study by a certain date; 229 requiring an association to distribute copies of a 230 structural integrity reserve study to unit owners or 231 deliver a certain notice to them within a specified 232 timeframe; specifying the manner of distribution or 233 delivery; conforming provisions to changes made by the 234 act; amending s. 719.129, F.S.; authorizing 235 cooperative associations to conduct elections and 236 other unit owner votes through an online voting system 237 if a unit owner consents, either electronically or in 238 writing, to online voting; revising applicability; 239 amending s. 719.301, F.S.; revising items that 240 developers are required to deliver to a cooperative 241 association upon relinquishing control of association 242 property; amending s. 719.618, F.S.; conforming a 243 provision to changes made by the act; requiring the 244 division to conduct a review of statutory requirements 245 regarding posting of official records on a condominium 246 association’s website or application; requiring the 247 division to submit its findings, including any 248 recommendations, to the Governor and the Legislature 249 by a specified date; providing effective dates. 250 251 Be It Enacted by the Legislature of the State of Florida: 252 253 Section 1. Subsection (3) is added to section 468.4334, 254 Florida Statutes, to read: 255 468.4334 Professional practice standards; liability.— 256 (3) A community association manager or a community 257 association management firm shall return all community 258 association official records within its possession to the 259 community association or successor community association manager 260 or community association management firm within 20 business days 261 after termination of a contractual agreement to provide 262 community association management services to the community 263 association or receipt of a written request for return of the 264 official records, whichever occurs first. A notice of 265 termination of a contractual agreement to provide community 266 association management services must be sent by certified mail, 267 return receipt requested, or in the manner required under such 268 contractual agreement. The community association manager or 269 community association management firm may retain, for up to 20 270 business days, those records necessary to complete an ending 271 financial statement or report. If an association fails to 272 provide access to or retention of accounting records to prepare 273 an ending financial statement or report, the community 274 association manager or community association management firm is 275 relieved from any further responsibility or liability relating 276 to the preparation of such ending financial statement or report. 277 Failure of a community association manager or a community 278 association management firm to timely return all of the official 279 records within its possession to the community association 280 creates a rebuttable presumption that the community association 281 manager or a community association management firm willfully 282 failed to comply with this subsection. A community association 283 manager or a community association management firm that fails to 284 timely return community association records is subject to 285 suspension of its license under s. 468.436, and a civil penalty 286 of $1,000 per day for up to 10 business days, assessed beginning 287 on the 21st business day after termination of a contractual 288 agreement to provide community association management services 289 to the community association or receipt of a written request 290 from the association for return of the records, whichever occurs 291 first. 292 Section 2. Section 468.4335, Florida Statutes, is created 293 to read: 294 468.4335 Conflicts of interest.— 295 (1) A community association manager or a community 296 association management firm, including directors, officers, and 297 persons with a financial interest in a community association 298 management firm, or a relative of such persons, must provide a 299 written disclosure to the board of a community association of 300 any activity that may reasonably be construed to be a conflict 301 of interest. A rebuttable presumption of a conflict of interest 302 exists if any of the following occurs without prior notice: 303 (a) A community association manager or a community 304 association management firm, including directors, officers, and 305 persons with a financial interest in a community association 306 management firm, or a relative of such persons, enters into a 307 contract with the association for goods or services, other than 308 community association management services. 309 (b) A community association manager or a community 310 association management firm, including directors, officers, and 311 persons with a financial interest in a community association 312 management firm, or a relative of such persons, holds an 313 interest in or receives compensation or any thing of value from 314 a corporation, limited liability corporation, partnership, 315 limited liability partnership, or other business entity that 316 conducts business with the association or proposes to enter into 317 a contract or other transaction with the association. 318 (2) If the association receives and considers a bid to 319 provide a good or service, other than community association 320 management services, from a community association manager or a 321 community association management firm, including directors, 322 officers, and persons with a financial interest in a community 323 association management firm, or a relative of such persons, the 324 association must also solicit multiple competitive bids from 325 other third-party providers of such good or service. 326 (3) If a community association manager or a community 327 association management firm, including directors, officers, and 328 persons with a financial interest in a community association 329 management firm, or a relative of such persons, proposes to 330 engage in an activity that is a conflict of interest as 331 described in subsection (1), the proposed activity must be 332 listed on, and all contracts and transactional documents related 333 to the proposed activity must be attached to, the meeting agenda 334 of the next board of administration meeting. The disclosures of 335 a possible conflict of interest must be entered into the written 336 minutes of the meeting. Approval of the contract or other 337 transaction requires an affirmative vote of two-thirds of all 338 directors present. At the next regular or special meeting of the 339 members, the existence of the contract or other transaction must 340 be disclosed to the members. 341 (4) If the board finds that a community association manager 342 or a community association management firm, including directors, 343 officers, and persons with a financial interest in a community 344 association management firm, or a relative of such persons, has 345 violated this section, the association may cancel its community 346 association management contract with the community association 347 manager or the community association management firm. If the 348 contract is canceled, the association is liable only for the 349 reasonable value of the management services provided up to the 350 time of cancellation and is not liable for any termination fees, 351 liquidated damages, or other form of penalty for such 352 cancellation. 353 (5) If an association enters into a contract, other than a 354 contract for community association management services, with a 355 community association manager or a community association 356 management firm, including directors, officers, and persons with 357 a financial interest in a community association management firm, 358 or a relative of such persons, which is a party to or has an 359 interest in an activity that is a possible conflict of interest 360 as described in subsection (1) and that activity has not been 361 properly disclosed as a conflict of interest or potential 362 conflict of interest as required by this section, the contract 363 is voidable and terminates upon the association filing a written 364 notice terminating the contract. 365 (6) As used in this section, the term “relative” means a 366 relative within the third degree of consanguinity by blood or 367 marriage. 368 (7) The procedures in subsections (2), (3), and (4) do not 369 apply to any activities or the provision of goods and services 370 that are disclosed in the management services contract as a 371 conflict of interest within the meaning of subsection (1). 372 Section 3. Paragraph (b) of subsection (2) of section 373 468.436, Florida Statutes, is amended, and subsection (4) of 374 that section is reenacted, to read: 375 468.436 Disciplinary proceedings.— 376 (2) The following acts constitute grounds for which the 377 disciplinary actions in subsection (4) may be taken: 378 (b)1. Violation ofany provision ofthis part. 379 2. Violation of any lawful order or rule rendered or 380 adopted by the department or the council. 381 3. Being convicted of or pleading nolo contendere to a 382 felony in any court in the United States. 383 4. Obtaining a license or certification or any other order, 384 ruling, or authorization by means of fraud, misrepresentation, 385 or concealment of material facts. 386 5. Committing acts of gross misconduct or gross negligence 387 in connection with the profession. 388 6. Contracting, on behalf of an association, with any 389 entity in which the licensee has a financial interest that is 390 not disclosed. 391 7. Failing to disclose any conflict of interest as required 392 by s. 468.4335. 393 8. Violatingany provision ofchapter 718, chapter 719, or 394 chapter 720 during the course of performing community 395 association management services pursuant to a contract with a 396 community association as defined in s. 468.431(1). 397 (4) When the department finds any community association 398 manager or firm guilty of any of the grounds set forth in 399 subsection (2), it may enter an order imposing one or more of 400 the following penalties: 401 (a) Denial of an application for licensure. 402 (b) Revocation or suspension of a license. 403 (c) Imposition of an administrative fine not to exceed 404 $5,000 for each count or separate offense. 405 (d) Issuance of a reprimand. 406 (e) Placement of the community association manager on 407 probation for a period of time and subject to such conditions as 408 the department specifies. 409 (f) Restriction of the authorized scope of practice by the 410 community association manager. 411 Section 4. Section 553.8445, Florida Statutes, is created 412 to read: 413 553.8445 Prevention of water intrusion through the tracks 414 of sliding glass doors.— 415 (1) All residential dwellings must be required to be 416 equipped with a reusable device which is attachable to the 417 sliding glass door track and is designed to reduce water 418 intrusion through the tracks of the sliding glass doors by not 419 less than 90 percent with wind not less than 100 miles per hour 420 as a condition for: 421 (a) The issuance of a building permit for the construction 422 of a new residential dwelling with an exterior sliding glass 423 door. 424 (b) The issuance of a building permit for the installation 425 or repair of an exterior sliding glass door in a residential 426 dwelling. 427 (c) The completion of a milestone inspection required by s. 428 553.899, or a similar local requirement, for any dwelling with 429 an exterior sliding glass door. 430 (2) This section shall apply to exterior sliding glass 431 doors contained in any condominium unit, multifamily dwelling, 432 or single-family dwelling. 433 (3) By July 1, 2025, the commission shall adopt the 434 requirements of this section into the Florida Building Code 435 pursuant to s. 553.73(8). 436 Section 5. Subsection (4) of section 553.899, Florida 437 Statutes, is amended to read: 438 553.899 Mandatory structural inspections for condominium 439 and cooperative buildings.— 440 (4) The milestone inspection report must be arranged by a 441 condominium or cooperative association and any owner of any 442 portion of the building which is not subject to the condominium 443 or cooperative form of ownership. The condominium association or 444 cooperative association and any owner of any portion of the 445 building which is not subject to the condominium or cooperative 446 form of ownership are each responsible for ensuring compliance 447 with the requirements of this section. The condominium 448 association or cooperative association is responsible for all 449 costs associated with the milestone inspection attributable to 450 the portions of a building which the association is responsible 451 to maintain under the governing documents of the association. 452 This section does not apply to a single-family, two-family,or453 three-family, or four-family dwelling with three or fewer 454 habitable stories above ground. 455 Section 6. Present subsections (19) through (32) of section 456 718.103, Florida Statutes, are redesignated as subsections (20) 457 through (33), respectively, a new subsection (19) is added to 458 that section, and subsection (1) of that section is amended, to 459 read: 460 718.103 Definitions.—As used in this chapter, the term: 461 (1) “Alternative funding method” means a method approved by 462 the division for funding the capital expenditures and planned 463deferredmaintenance obligations for a multicondominium 464 association operating at least 25 condominiums which may 465 reasonably be expected to fully satisfy the association’s 466 reserve funding obligations by the allocation of funds in the 467 annual operating budget. 468 (19) “Hurricane protection” means hurricane shutters, 469 impact glass, code-compliant windows or doors, and other code 470 compliant hurricane protection products used to preserve and 471 protect the condominium property or association property. 472 Section 7. Paragraph (p) is added to subsection (4) of 473 section 718.104, Florida Statutes, to read: 474 718.104 Creation of condominiums; contents of declaration. 475 Every condominium created in this state shall be created 476 pursuant to this chapter. 477 (4) The declaration must contain or provide for the 478 following matters: 479 (p) For both residential condominiums and mixed-use 480 condominiums, a statement that specifies whether the unit owner 481 or the association is responsible for the installation, 482 maintenance, repair, or replacement of hurricane protection that 483 is for the preservation and protection of the condominium 484 property and association property. 485 Section 8. Paragraph (a) of subsection (1), paragraph (h) 486 of subsection (11), and subsections (12), (13), and (15) of 487 section 718.111, Florida Statutes, are amended to read: 488 718.111 The association.— 489 (1) CORPORATE ENTITY.— 490 (a) The operation of the condominium shall be by the 491 association, which must be a Florida corporation for profit or a 492 Florida corporation not for profit. However, any association 493 which was in existence on January 1, 1977, need not be 494 incorporated. The owners of units shall be shareholders or 495 members of the association. The officers and directors of the 496 association have a fiduciary relationship to the unit owners. It 497 is the intent of the Legislature that nothing in this paragraph 498 shall be construed as providing for or removing a requirement of 499 a fiduciary relationship between any manager employed by the 500 association and the unit owners. An officer, director, or 501 manager may not solicit, offer to accept, or accept a kickback. 502 As used in this paragraph, the term “kickback” means any thing 503 or service of valueor kickbackfor which consideration has not 504 been provided for an officer’s, a director’s, or a manager’shis505or herown benefit or that of his or her immediate family, from 506 any person providing or proposing to provide goods or services 507 to the association. Any such officer, director, or manager who 508 knowingly so solicits, offers to accept, or accepts aany thing509or service of value orkickback commits a felony of the third 510 degree, punishable as provided in s. 775.082, s. 775.083, or s. 511 775.084, and is subject to a civil penalty pursuant to s. 512 718.501(1)(d)and, if applicable, a criminal penalty as provided513in paragraph (d). However, this paragraph does not prohibit an 514 officer, director, or manager from accepting services or items 515 received in connection with trade fairs or education programs. 516 An association may operate more than one condominium. 517 (11) INSURANCE.—In order to protect the safety, health, and 518 welfare of the people of the State of Florida and to ensure 519 consistency in the provision of insurance coverage to 520 condominiums and their unit owners, this subsection applies to 521 every residential condominium in the state, regardless of the 522 date of its declaration of condominium. It is the intent of the 523 Legislature to encourage lower or stable insurance premiums for 524 associations described in this subsection. 525 (h) The association shall maintain insurance or fidelity 526 bonding of all persons who control or disburse funds of the 527 association. The insurance policy or fidelity bond must cover 528 the maximum funds that will be in the custody of the association 529 or its management agent at any one time. Upon receipt of a 530 complaint, the division shall monitor compliance with this 531 paragraph and may issue fines and penalties established by the 532 division for failure of an association to maintain the required 533 insurance policy or fidelity bond. As used in this paragraph, 534 the term “persons who control or disburse funds of the 535 association” includes, but is not limited to, those individuals 536 authorized to sign checks on behalf of the association, and the 537 president, secretary, and treasurer of the association. The 538 association shall bear the cost of any such bonding. 539 (12) OFFICIAL RECORDS.— 540 (a) From the inception of the association, the association 541 shall maintain each of the following items, if applicable, which 542 constitutes the official records of the association: 543 1. A copy of the plans, permits, warranties, and other 544 items provided by the developer under s. 718.301(4). 545 2. A photocopy of the recorded declaration of condominium 546 of each condominium operated by the association and each 547 amendment to each declaration. 548 3. A photocopy of the recorded bylaws of the association 549 and each amendment to the bylaws. 550 4. A certified copy of the articles of incorporation of the 551 association, or other documents creating the association, and 552 each amendment thereto. 553 5. A copy of the current rules of the association. 554 6. A book or books that contain the minutes of all meetings 555 of the association, the board of administration, and the unit 556 owners. 557 7. A current roster of all unit owners and their mailing 558 addresses, unit identifications, voting certifications, and, if 559 known, telephone numbers. The association shall also maintain 560 the e-mail addresses and facsimile numbers of unit owners 561 consenting to receive notice by electronic transmission. The e 562 mail addresses and facsimile numbers are not accessible to unit 563 owners if consent to receive notice by electronic transmission 564 is not provided in accordance with sub-subparagraph (c)5.e. 565(c)3.e.However, the association is not liable for an 566 inadvertent disclosure of the e-mail address or facsimile number 567 for receiving electronic transmission of notices. 568 8. All current insurance policies of the association and 569 condominiums operated by the association. 570 9. A current copy of any management agreement, lease, or 571 other contract to which the association is a party or under 572 which the association or the unit owners have an obligation or 573 responsibility. 574 10. Bills of sale or transfer for all property owned by the 575 association. 576 11. Accounting records for the association and separate 577 accounting records for each condominium that the association 578 operates. Any person who knowingly or intentionally defaces or 579 destroys such records, or who knowingly or intentionally fails 580 to create or maintain such records, with the intent of causing 581 harm to the association or one or more of its members, is 582 personally subject to a civil penalty pursuant to s. 583 718.501(1)(d). The accounting records must include, but are not 584 limited to: 585 a. Accurate, itemized, and detailed records of all receipts 586 and expenditures. 587 b. All invoices, transaction receipts, or deposit slips 588 that substantiate any receipt or expenditure of funds by the 589 association. 590 c. A current account and a monthly, bimonthly, or quarterly 591 statement of the account for each unit designating the name of 592 the unit owner, the due date and amount of each assessment, the 593 amount paid on the account, and the balance due. 594 d.c.All audits, reviews, accounting statements, structural 595 integrity reserve studies, and financial reports of the 596 association or condominium. Structural integrity reserve studies 597 must be maintained for at least 15 years after the study is 598 completed. 599 e.d.All contracts for work to be performed. Bids for work 600 to be performed are also considered official records and must be 601 maintained by the association for at least 1 year after receipt 602 of the bid. 603 12. Ballots, sign-in sheets, voting proxies, and all other 604 papers and electronic records relating to voting by unit owners, 605 which must be maintained for 1 year from the date of the 606 election, vote, or meeting to which the document relates, 607 notwithstanding paragraph (b). 608 13. All rental records if the association is acting as 609 agent for the rental of condominium units. 610 14. A copy of the current question and answer sheet as 611 described in s. 718.504. 612 15. A copy of the inspection reports described in ss. 613 553.899 and 718.301(4)(p) and any other inspection report 614 relating to a structural or life safety inspection of 615 condominium property. Such record must be maintained by the 616 association for 15 years after receipt of the report. 617 16. Bids for materials, equipment, or services. 618 17. All affirmative acknowledgments made pursuant to s. 619 718.121(4)(c). 620 18. A copy of all building permits. 621 19. All other written records of the association not 622 specifically included in the foregoing which are related to the 623 operation of the association. 624 (b) The official records specified in subparagraphs (a)1. 625 6. must be permanently maintained from the inception of the 626 association. Bids for work to be performed or for materials, 627 equipment, or services must be maintained for at least 1 year 628 after receipt of the bid. All other official records must be 629 maintained within the state for at least 7 years, unless 630 otherwise provided by general law. The official records must be 631 maintained in a manner that facilitates inspection of the 632 records by a unit owner. In the event that the records are lost, 633 destroyed, or otherwise unavailable, the obligation to maintain 634 official records includes a good faith obligation to recover 635 those records as may be reasonably possible. The records of the 636 association shall be made available to a unit owner within 45 637 miles of the condominium property or within the county in which 638 the condominium property is located within 10 working days after 639 receipt of a written request by the board or its designee. 640 However, such distance requirement does not apply to an 641 association governing a timeshare condominium. This paragraph 642 and paragraph (c) may be complied with by having a copy of the 643 official records of the association available for inspection or 644 copying on the condominium property or association property, or 645 the association may offer the option of making the records 646 available to a unit owner electronically via the Internet as 647 provided under paragraph (g) or by allowing the records to be 648 viewed in electronic format on a computer screen and printed 649 upon request. The association is not responsible for the use or 650 misuse of the information provided to an association member or 651 his or her authorized representative in compliance with this 652 chapter unless the association has an affirmative duty not to 653 disclose such information under this chapter. 654 (c)1.a. The official records of the association are open to 655 inspection by any association member and any person authorized 656 by an association member as a representative of such member at 657 all reasonable times. The right to inspect the records includes 658 the right to make or obtain copies, at the reasonable expense, 659 if any, of the member and of the person authorized by the 660 association member as a representative of such member. A renter 661 of a unit has a right to inspect and copy only the declaration 662 of condominium, the association’s bylaws and rules, and the 663 inspection reports described in ss. 553.899 and 718.301(4)(p). 664 The association may adopt reasonable rules regarding the 665 frequency, time, location, notice, and manner of record 666 inspections and copying but may not require a member to 667 demonstrate any purpose or state any reason for the inspection. 668 The failure of an association to provide the records within 10 669 working days after receipt of a written request creates a 670 rebuttable presumption that the association willfully failed to 671 comply with this paragraph. A unit owner who is denied access to 672 official records is entitled to the actual damages or minimum 673 damages for the association’s willful failure to comply. Minimum 674 damages are $50 per calendar day for up to 10 days, beginning on 675 the 11th working day after receipt of the written request. The 676 failure to permit inspection entitles any person prevailing in 677 an enforcement action to recover reasonable attorney fees from 678 the person in control of the records who, directly or 679 indirectly, knowingly denied access to the records. If the 680 requested records are posted on an association’s website, or are 681 available for download through an application on a mobile 682 device, the association may fulfill its obligations as provided 683 under this paragraph by directing all persons authorized to 684 request access to official records pursuant to this paragraph to 685 the website or mobile device application. 686 b. In response to a written request to inspect records, the 687 association must simultaneously provide a checklist to the 688 requestor of all records made available for inspection and 689 copying. The checklist must also identify any of the 690 association’s official records that were not made available to 691 the requestor. An association must maintain a checklist provided 692 under this sub-subparagraph for 7 years. An association 693 delivering a checklist pursuant to this sub-subparagraph creates 694 a rebuttable presumption that the association has complied with 695 this paragraph. 696 2. Any director or member of the board or association or a 697 community association manager who knowingly, willfully, and 698 repeatedly violates subparagraph 1. with the intent of causing 699 harm to the association or one or more of its members commits a 700 misdemeanor of the second degree, punishable as provided in s. 701 775.082 or s. 775.083. For purposes of this subparagraph, the 702 term “repeatedly” means two or more violations within a 12-month 703 period. 704 3.2.Any person who knowingly or intentionally defaces or 705 destroys accounting records that are required by this chapter to 706 be maintained during the period for which such records are 707 required to be maintained, or who knowingly or intentionally 708 fails to create or maintain accounting records that are required 709 to be created or maintained, with the intent of causing harm to 710 the association or one or more of its members, commits a 711 misdemeanor of the first degree, punishable as provided in s. 712 775.082 or s. 775.083, and is personally subject to a civil 713 penalty pursuant to s. 718.501(1)(d). 714 4. Any person who willfully and knowingly refuses to 715 release or otherwise produce association records with the intent 716 to avoid or escape detection, arrest, trial, or punishment for 717 the commission of a crime, or to assist another person with such 718 avoidance or escape, commits a felony of the third degree, 719 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 720 5.3.The association shall maintain an adequate number of 721 copies of the declaration, articles of incorporation, bylaws, 722 and rules, and all amendments to each of the foregoing, as well 723 as the question and answer sheet as described in s. 718.504 and 724 year-end financial information required under this section, on 725 the condominium property to ensure their availability to unit 726 owners and prospective purchasers, and may charge its actual 727 costs for preparing and furnishing these documents to those 728 requesting the documents. An association shall allow a member or 729 his or her authorized representative to use a portable device, 730 including a smartphone, tablet, portable scanner, or any other 731 technology capable of scanning or taking photographs, to make an 732 electronic copy of the official records in lieu of the 733 association’s providing the member or his or her authorized 734 representative with a copy of such records. The association may 735 not charge a member or his or her authorized representative for 736 the use of a portable device. Notwithstanding this paragraph, 737 the following records are not accessible to unit owners: 738 a. Any record protected by the lawyer-client privilege as 739 described in s. 90.502 and any record protected by the work 740 product privilege, including a record prepared by an association 741 attorney or prepared at the attorney’s express direction, which 742 reflects a mental impression, conclusion, litigation strategy, 743 or legal theory of the attorney or the association, and which 744 was prepared exclusively for civil or criminal litigation or for 745 adversarial administrative proceedings, or which was prepared in 746 anticipation of such litigation or proceedings until the 747 conclusion of the litigation or proceedings. 748 b. Information obtained by an association in connection 749 with the approval of the lease, sale, or other transfer of a 750 unit. 751 c. Personnel records of association or management company 752 employees, including, but not limited to, disciplinary, payroll, 753 health, and insurance records. For purposes of this sub 754 subparagraph, the term “personnel records” does not include 755 written employment agreements with an association employee or 756 management company, or budgetary or financial records that 757 indicate the compensation paid to an association employee. 758 d. Medical records of unit owners. 759 e. Social security numbers, driver license numbers, credit 760 card numbers, e-mail addresses, telephone numbers, facsimile 761 numbers, emergency contact information, addresses of a unit 762 owner other than as provided to fulfill the association’s notice 763 requirements, and other personal identifying information of any 764 person, excluding the person’s name, unit designation, mailing 765 address, property address, and any address, e-mail address, or 766 facsimile number provided to the association to fulfill the 767 association’s notice requirements. Notwithstanding the 768 restrictions in this sub-subparagraph, an association may print 769 and distribute to unit owners a directory containing the name, 770 unit address, and all telephone numbers of each unit owner. 771 However, an owner may exclude his or her telephone numbers from 772 the directory by so requesting in writing to the association. An 773 owner may consent in writing to the disclosure of other contact 774 information described in this sub-subparagraph. The association 775 is not liable for the inadvertent disclosure of information that 776 is protected under this sub-subparagraph if the information is 777 included in an official record of the association and is 778 voluntarily provided by an owner and not requested by the 779 association. 780 f. Electronic security measures that are used by the 781 association to safeguard data, including passwords. 782 g. The software and operating system used by the 783 association which allow the manipulation of data, even if the 784 owner owns a copy of the same software used by the association. 785 The data is part of the official records of the association. 786 h. All affirmative acknowledgments made pursuant to s. 787 718.121(4)(c). 788 (d) The association shall prepare a question and answer 789 sheet as described in s. 718.504, and shall update it annually. 790 (e)1. The association or its authorized agent is not 791 required to provide a prospective purchaser or lienholder with 792 information about the condominium or the association other than 793 information or documents required by this chapter to be made 794 available or disclosed. The association or its authorized agent 795 may charge a reasonable fee to the prospective purchaser, 796 lienholder, or the current unit owner for providing good faith 797 responses to requests for information by or on behalf of a 798 prospective purchaser or lienholder, other than that required by 799 law, if the fee does not exceed $150 plus the reasonable cost of 800 photocopying and any attorney’s fees incurred by the association 801 in connection with the response. 802 2. An association and its authorized agent are not liable 803 for providing such information in good faith pursuant to a 804 written request if the person providing the information includes 805 a written statement in substantially the following form: “The 806 responses herein are made in good faith and to the best of my 807 ability as to their accuracy.” 808 (f) An outgoing board or committee member must relinquish 809 all official records and property of the association in his or 810 her possession or under his or her control to the incoming board 811 within 5 days after the election. The division shall impose a 812 civil penalty as set forth in s. 718.501(1)(d)6. against an 813 outgoing board or committee member who willfully and knowingly 814 fails to relinquish such records and property. 815 (g)1. By January 1, 2019, an association managing a 816 condominium with 150 or more units which does not contain 817 timeshare units shall post digital copies of the documents 818 specified in subparagraph 2. on its website or make such 819 documents available through an application that can be 820 downloaded on a mobile device. 821 a. The association’s website or application must be: 822 (I) An independent website, application, or web portal 823 wholly owned and operated by the association; or 824 (II) A website, application, or web portal operated by a 825 third-party provider with whom the association owns, leases, 826 rents, or otherwise obtains the right to operate a web page, 827 subpage, web portal, collection of subpages or web portals, or 828 an application which is dedicated to the association’s 829 activities and on which required notices, records, and documents 830 may be posted or made available by the association. 831 b. The association’s website or application must be 832 accessible through the Internet and must contain a subpage, web 833 portal, or other protected electronic location that is 834 inaccessible to the general public and accessible only to unit 835 owners and employees of the association. 836 c. Upon a unit owner’s written request, the association 837 must provide the unit owner with a username and password and 838 access to the protected sections of the association’s website or 839 application which contain any notices, records, or documents 840 that must be electronically provided. 841 2. A current copy of the following documents must be posted 842 in digital format on the association’s website or application: 843 a. The recorded declaration of condominium of each 844 condominium operated by the association and each amendment to 845 each declaration. 846 b. The recorded bylaws of the association and each 847 amendment to the bylaws. 848 c. The articles of incorporation of the association, or 849 other documents creating the association, and each amendment to 850 the articles of incorporation or other documents. The copy 851 posted pursuant to this sub-subparagraph must be a copy of the 852 articles of incorporation filed with the Department of State. 853 d. The rules of the association. 854 e. A list of all executory contracts or documents to which 855 the association is a party or under which the association or the 856 unit owners have an obligation or responsibility and, after 857 bidding for the related materials, equipment, or services has 858 closed, a list of bids received by the association within the 859 past year. Summaries of bids for materials, equipment, or 860 services which exceed $500 must be maintained on the website or 861 application for 1 year. In lieu of summaries, complete copies of 862 the bids may be posted. 863 f. The annual budget required by s. 718.112(2)(f) and any 864 proposed budget to be considered at the annual meeting. 865 g. The financial report required by subsection (13) and any 866 monthly income or expense statement to be considered at a 867 meeting. 868 h. The certification of each director required by s. 869 718.112(2)(d)4.b. 870 i. All contracts or transactions between the association 871 and any director, officer, corporation, firm, or association 872 that is not an affiliated condominium association or any other 873 entity in which an association director is also a director or 874 officer and financially interested. 875 j. Any contract or document regarding a conflict of 876 interest or possible conflict of interest as provided in ss. 877 468.4335, 468.436(2)(b)6., and 718.3027(3). 878 k. The notice of any unit owner meeting and the agenda for 879 the meeting, as required by s. 718.112(2)(d)3., no later than 14 880 days before the meeting. The notice must be posted in plain view 881 on the front page of the website or application, or on a 882 separate subpage of the website or application labeled “Notices” 883 which is conspicuously visible and linked from the front page. 884 The association must also post on its website or application any 885 document to be considered and voted on by the owners during the 886 meeting or any document listed on the agenda at least 7 days 887 before the meeting at which the document or the information 888 within the document will be considered. 889 l. Notice of any board meeting, the agenda, and any other 890 document required for the meeting as required by s. 891 718.112(2)(c), which must be posted no later than the date 892 required for notice under s. 718.112(2)(c). 893 m. The inspection reports described in ss. 553.899 and 894 718.301(4)(p) and any other inspection report relating to a 895 structural or life safety inspection of condominium property. 896 n. The association’s most recent structural integrity 897 reserve study, if applicable. 898 o. Copies of all building permits issued for ongoing or 899 planned construction. 900 3. The association shall ensure that the information and 901 records described in paragraph (c), which are not allowed to be 902 accessible to unit owners, are not posted on the association’s 903 website or application. If protected information or information 904 restricted from being accessible to unit owners is included in 905 documents that are required to be posted on the association’s 906 website or application, the association shall ensure the 907 information is redacted before posting the documents. 908 Notwithstanding the foregoing, the association or its agent is 909 not liable for disclosing information that is protected or 910 restricted under this paragraph unless such disclosure was made 911 with a knowing or intentional disregard of the protected or 912 restricted nature of such information. 913 4. The failure of the association to post information 914 required under subparagraph 2. is not in and of itself 915 sufficient to invalidate any action or decision of the 916 association’s board or its committees. 917 (13) FINANCIAL REPORTING.—Within 90 days after the end of 918 the fiscal year, or annually on a date provided in the bylaws, 919 the association shall prepare and complete, or contract for the 920 preparation and completion of, a financial report for the 921 preceding fiscal year. Within 21 days after the final financial 922 report is completed by the association or received from the 923 third party, but not later than 120 days after the end of the 924 fiscal year or other date as provided in the bylaws, the 925 association shall deliverat the address929last furnished to the association by the unit owner, or hand930deliver to each unit owner, a copy of the most recent financial 931 report or a notice that a copy of the most recent financial 932 report will be mailed or hand delivered to the unit owner, 933 without charge, within 5 business days after receipt of a 934 written request from the unit owner. The division shall adopt 935 rules setting forth uniform accounting principles and standards 936 to be used by all associations and addressing the financial 937 reporting requirements for multicondominium associations. The 938 rules must include, but not be limited to, standards for 939 presenting a summary of association reserves, including a good 940 faith estimate disclosing the annual amount of reserve funds 941 that would be necessary for the association to fully fund 942 reserves for each reserve item based on the straight-line 943 accounting method. This disclosure is not applicable to reserves 944 funded via the pooling method. In adopting such rules, the 945 division shall consider the number of members and annual 946 revenues of an association. Financial reports shall be prepared 947 as follows: 948 (a) An association that meets the criteria of this 949 paragraph shall prepare a complete set of financial statements 950 in accordance with generally accepted accounting principles. The 951 financial statements must be based upon the association’s total 952 annual revenues, as follows: 953 1. An association with total annual revenues of $150,000 or 954 more, but less than $300,000, shall prepare compiled financial 955 statements. 956 2. An association with total annual revenues of at least 957 $300,000, but less than $500,000, shall prepare reviewed 958 financial statements. 959 3. An association with total annual revenues of $500,000 or 960 more shall prepare audited financial statements. 961 (b)1. An association with total annual revenues of less 962 than $150,000 shall prepare a report of cash receipts and 963 expenditures. 964 2. A report of cash receipts and disbursements must 965 disclose the amount of receipts by accounts and receipt 966 classifications and the amount of expenses by accounts and 967 expense classifications, including, but not limited to, the 968 following, as applicable: costs for security, professional and 969 management fees and expenses, taxes, costs for recreation 970 facilities, expenses for refuse collection and utility services, 971 expenses for lawn care, costs for building maintenance and 972 repair, insurance costs, administration and salary expenses, and 973 reserves accumulated and expended for capital expenditures, 974 planneddeferredmaintenance, and any other category for which 975 the association maintains reserves. 976 (c) An association may prepare, without a meeting of or 977 approval by the unit owners: 978 1. Compiled, reviewed, or audited financial statements, if 979 the association is required to prepare a report of cash receipts 980 and expenditures; 981 2. Reviewed or audited financial statements, if the 982 association is required to prepare compiled financial 983 statements; or 984 3. Audited financial statements if the association is 985 required to prepare reviewed financial statements. 986 (d) If approved by a majority of the voting interests 987 present at a properly called meeting of the association, an 988 association may prepare: 989 1. A report of cash receipts and expenditures in lieu of a 990 compiled, reviewed, or audited financial statement; 991 2. A report of cash receipts and expenditures or a compiled 992 financial statement in lieu of a reviewed or audited financial 993 statement; or 994 3. A report of cash receipts and expenditures, a compiled 995 financial statement, or a reviewed financial statement in lieu 996 of an audited financial statement. 997 998 Such meeting and approval must occur before the end of the 999 fiscal year and is effective only for the fiscal year in which 1000 the vote is taken. An association may not prepare a financial 1001 report pursuant to this paragraph for consecutive fiscal years,1002except that the approval may also be effective for the following1003fiscal year. If the developer has not turned over control of the 1004 association, all unit owners, including the developer, may vote 1005 on issues related to the preparation of the association’s 1006 financial reports, from the date of incorporation of the 1007 association through the end of the second fiscal year after the 1008 fiscal year in which the certificate of a surveyor and mapper is 1009 recorded pursuant to s. 718.104(4)(e) or an instrument that 1010 transfers title to a unit in the condominium which is not 1011 accompanied by a recorded assignment of developer rights in 1012 favor of the grantee of such unit is recorded, whichever occurs 1013 first. Thereafter, all unit owners except the developer may vote 1014 on such issues until control is turned over to the association 1015 by the developer. Any audit or review prepared under this 1016 section shall be paid for by the developer if done before 1017 turnover of control of the association. 1018 (e) A unit owner may provide written notice to the division 1019 of the association’s failure to mail or hand deliver him or her 1020 a copy of the most recent financial report within 5 business 1021 days after he or she submitted a written request to the 1022 association for a copy of such report. If the division 1023 determines that the association failed to mail or hand deliver a 1024 copy of the most recent financial report to the unit owner, the 1025 division shall provide written notice to the association that 1026 the association must mail or hand deliver a copy of the most 1027 recent financial report to the unit owner and the division 1028 within 5 business days after it receives such notice from the 1029 division. An association that fails to comply with the 1030 division’s request may not waive the financial reporting 1031 requirement provided in paragraph (d) for the fiscal year in 1032 which the unit owner’s request was made and the following fiscal 1033 year. A financial report received by the division pursuant to 1034 this paragraph shall be maintained, and the division shall 1035 provide a copy of such report to an association member upon his 1036 or her request. 1037 (15) DEBIT CARDS.— 1038 (a) An association and its officers, directors, employees, 1039 and agents may not use a debit card issued in the name of the 1040 association, or billed directly to the association, for the 1041 payment of any association expense. 1042 (b) A person who usesUse ofa debit card issued in the 1043 name of the association, or billed directly to the association, 1044 for any expense that is not a lawful obligation of the 1045 association commits theft under s. 812.014. For the purposes of 1046 this paragraph, the term “lawful obligation of the association” 1047 means an obligation that has been properly preapproved by the 1048 board and is reflected in the meeting minutes or the written 1049 budgetmay be prosecuted as credit card fraud pursuant to s.1050817.61. 1051 Section 9. Effective January 1, 2026, paragraph (g) of 1052 subsection (12) of section 718.111, Florida Statutes, as amended 1053 by this act, is amended to read: 1054 718.111 The association.— 1055 (12) OFFICIAL RECORDS.— 1056 (g)1.By January 1, 2019,An association managing a 1057 condominium with 25150or more units which does not contain 1058 timeshare units shall post digital copies of the documents 1059 specified in subparagraph 2. on its website or make such 1060 documents available through an application that can be 1061 downloaded on a mobile device. 1062 a. The association’s website or application must be: 1063 (I) An independent website, application, or web portal 1064 wholly owned and operated by the association; or 1065 (II) A website, application, or web portal operated by a 1066 third-party provider with whom the association owns, leases, 1067 rents, or otherwise obtains the right to operate a web page, 1068 subpage, web portal, collection of subpages or web portals, or 1069 an application which is dedicated to the association’s 1070 activities and on which required notices, records, and documents 1071 may be posted or made available by the association. 1072 b. The association’s website or application must be 1073 accessible through the Internet and must contain a subpage, web 1074 portal, or other protected electronic location that is 1075 inaccessible to the general public and accessible only to unit 1076 owners and employees of the association. 1077 c. Upon a unit owner’s written request, the association 1078 must provide the unit owner with a username and password and 1079 access to the protected sections of the association’s website or 1080 application which contain any notices, records, or documents 1081 that must be electronically provided. 1082 2. A current copy of the following documents must be posted 1083 in digital format on the association’s website or application: 1084 a. The recorded declaration of condominium of each 1085 condominium operated by the association and each amendment to 1086 each declaration. 1087 b. The recorded bylaws of the association and each 1088 amendment to the bylaws. 1089 c. The articles of incorporation of the association, or 1090 other documents creating the association, and each amendment to 1091 the articles of incorporation or other documents. The copy 1092 posted pursuant to this sub-subparagraph must be a copy of the 1093 articles of incorporation filed with the Department of State. 1094 d. The rules of the association. 1095 e. A list of all executory contracts or documents to which 1096 the association is a party or under which the association or the 1097 unit owners have an obligation or responsibility and, after 1098 bidding for the related materials, equipment, or services has 1099 closed, a list of bids received by the association within the 1100 past year. Summaries of bids for materials, equipment, or 1101 services which exceed $500 must be maintained on the website or 1102 application for 1 year. In lieu of summaries, complete copies of 1103 the bids may be posted. 1104 f. The annual budget required by s. 718.112(2)(f) and any 1105 proposed budget to be considered at the annual meeting. 1106 g. The financial report required by subsection (13) and any 1107 monthly income or expense statement to be considered at a 1108 meeting. 1109 h. The certification of each director required by s. 1110 718.112(2)(d)4.b. 1111 i. All contracts or transactions between the association 1112 and any director, officer, corporation, firm, or association 1113 that is not an affiliated condominium association or any other 1114 entity in which an association director is also a director or 1115 officer and financially interested. 1116 j. Any contract or document regarding a conflict of 1117 interest or possible conflict of interest as provided in ss. 1118 468.4335, 468.436(2)(b)6., and 718.3027(3). 1119 k. The notice of any unit owner meeting and the agenda for 1120 the meeting, as required by s. 718.112(2)(d)3., no later than 14 1121 days before the meeting. The notice must be posted in plain view 1122 on the front page of the website or application, or on a 1123 separate subpage of the website or application labeled “Notices” 1124 which is conspicuously visible and linked from the front page. 1125 The association must also post on its website or application any 1126 document to be considered and voted on by the owners during the 1127 meeting or any document listed on the agenda at least 7 days 1128 before the meeting at which the document or the information 1129 within the document will be considered. 1130 l. Notice of any board meeting, the agenda, and any other 1131 document required for the meeting as required by s. 1132 718.112(2)(c), which must be posted no later than the date 1133 required for notice under s. 718.112(2)(c). 1134 m. The inspection reports described in ss. 553.899 and 1135 718.301(4)(p) and any other inspection report relating to a 1136 structural or life safety inspection of condominium property. 1137 n. The association’s most recent structural integrity 1138 reserve study, if applicable. 1139 o. Copies of all building permits issued for ongoing or 1140 planned construction. 1141 3. The association shall ensure that the information and 1142 records described in paragraph (c), which are not allowed to be 1143 accessible to unit owners, are not posted on the association’s 1144 website or application. If protected information or information 1145 restricted from being accessible to unit owners is included in 1146 documents that are required to be posted on the association’s 1147 website or application, the association shall ensure the 1148 information is redacted before posting the documents. 1149 Notwithstanding the foregoing, the association or its agent is 1150 not liable for disclosing information that is protected or 1151 restricted under this paragraph unless such disclosure was made 1152 with a knowing or intentional disregard of the protected or 1153 restricted nature of such information. 1154 4. The failure of the association to post information 1155 required under subparagraph 2. is not in and of itself 1156 sufficient to invalidate any action or decision of the 1157 association’s board or its committees. 1158 Section 10. Paragraphs (c), (d), (f), (g), and (q) of 1159 subsection (2) of section 718.112, Florida Statutes, are 1160 amended, and paragraph (r) is added to that subsection, to read: 1161 718.112 Bylaws.— 1162 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the 1163 following and, if they do not do so, shall be deemed to include 1164 the following: 1165 (c) Board of administration meetings.—In a residential 1166 condominium association of more than 10 units, the board of 1167 administration shall meet at least once each quarter. At least 1168 four times each year, the meeting agenda must include an 1169 opportunity for members to ask questions. Meetings of the board 1170 of administration at which a quorum of the members is present 1171 are open to all unit owners. Members of the board of 1172 administration may use e-mail as a means of communication but 1173 may not cast a vote on an association matter via e-mail. A unit 1174 owner may tape record or videotape the meetings. The right to 1175 attend such meetings includes the right to speak at such 1176 meetings with reference to all designated agenda items, and the 1177 right to ask questions with respect to reports on the status of 1178 construction or repair projects, status of revenues and 1179 expenditures during the current fiscal year, and other issues 1180 affecting the condominium. The division shall adopt reasonable 1181 rules governing the tape recording and videotaping of the 1182 meeting. The association may adopt written reasonable rules 1183 governing the frequency, duration, and manner of unit owner 1184 statements. 1185 1. Adequate notice of all board meetings, which must 1186 specifically identify all agenda items, must be posted 1187 conspicuously on the condominium property at least 48 continuous 1188 hours before the meeting except in an emergency. If 20 percent 1189 of the voting interests petition the board to address an item of 1190 business, the board, within 60 days after receipt of the 1191 petition, shall place the item on the agenda at its next regular 1192 board meeting or at a special meeting called for that purpose. 1193 An item not included on the notice may be taken up on an 1194 emergency basis by a vote of at least a majority plus one of the 1195 board members. Such emergency action must be noticed and 1196 ratified at the next regular board meeting. Written notice of a 1197 meeting at which a nonemergency special assessment or an 1198 amendment to rules regarding unit use will be considered must be 1199 mailed, delivered, or electronically transmitted to the unit 1200 owners and posted conspicuously on the condominium property at 1201 least 14 days before the meeting. Evidence of compliance with 1202 this 14-day notice requirement must be made by an affidavit 1203 executed by the person providing the notice and filed with the 1204 official records of the association.Notice of any meeting in1205which regular or special assessments against unit owners are to1206be considered must specifically state that assessments will be1207considered and provide the estimated cost and description of the1208purposes for such assessments.1209 2. Upon notice to the unit owners, the board shall, by duly 1210 adopted rule, designate a specific location on the condominium 1211 property where all notices of board meetings must be posted. If 1212 there is no condominium property where notices can be posted, 1213 notices shall be mailed, delivered, or electronically 1214 transmitted to each unit owner at least 14 days before the 1215 meeting. In lieu of or in addition to the physical posting of 1216 the notice on the condominium property, the association may, by 1217 reasonable rule, adopt a procedure for conspicuously posting and 1218 repeatedly broadcasting the notice and the agenda on a closed 1219 circuit cable television system serving the condominium 1220 association. However, if broadcast notice is used in lieu of a 1221 notice physically posted on condominium property, the notice and 1222 agenda must be broadcast at least four times every broadcast 1223 hour of each day that a posted notice is otherwise required 1224 under this section. If broadcast notice is provided, the notice 1225 and agenda must be broadcast in a manner and for a sufficient 1226 continuous length of time so as to allow an average reader to 1227 observe the notice and read and comprehend the entire content of 1228 the notice and the agenda. In addition to any of the authorized 1229 means of providing notice of a meeting of the board, the 1230 association may, by rule, adopt a procedure for conspicuously 1231 posting the meeting notice and the agenda on a website serving 1232 the condominium association for at least the minimum period of 1233 time for which a notice of a meeting is also required to be 1234 physically posted on the condominium property. Any rule adopted 1235 shall, in addition to other matters, include a requirement that 1236 the association send an electronic notice in the same manner as 1237 a notice for a meeting of the members, which must include a 1238 hyperlink to the website where the notice is posted, to unit 1239 owners whose e-mail addresses are included in the association’s 1240 official records. 1241 3. Notice of any meeting in which regular or special 1242 assessments against unit owners are to be considered must 1243 specifically state that assessments will be considered and 1244 provide the estimated cost and description of the purposes for 1245 such assessments. If an agenda item relates to the approval of a 1246 contract for goods or services, a copy of the contract must be 1247 provided with the notice, made available for inspection and 1248 copying upon a written request from a unit owner, or made 1249 available on the association’s website or through an application 1250 that can be downloaded on a mobile device. 1251 4.2.Meetings of a committee to take final action on behalf 1252 of the board or make recommendations to the board regarding the 1253 association budget are subject to this paragraph. Meetings of a 1254 committee that does not take final action on behalf of the board 1255 or make recommendations to the board regarding the association 1256 budget are subject to this section, unless those meetings are 1257 exempted from this section by the bylaws of the association. 1258 5.3.Notwithstanding any other law, the requirement that 1259 board meetings and committee meetings be open to the unit owners 1260 does not apply to: 1261 a. Meetings between the board or a committee and the 1262 association’s attorney, with respect to proposed or pending 1263 litigation, if the meeting is held for the purpose of seeking or 1264 rendering legal advice; or 1265 b. Board meetings held for the purpose of discussing 1266 personnel matters. 1267 (d) Unit owner meetings.— 1268 1. An annual meeting of the unit owners must be held at the 1269 location provided in the association bylaws and, if the bylaws 1270 are silent as to the location, the meeting must be held within 1271 45 miles of the condominium property. However, such distance 1272 requirement does not apply to an association governing a 1273 timeshare condominium. 1274 2. Unless the bylaws provide otherwise, a vacancy on the 1275 board caused by the expiration of a director’s term must be 1276 filled by electing a new board member, and the election must be 1277 by secret ballot. An election is not required if the number of 1278 vacancies equals or exceeds the number of candidates. For 1279 purposes of this paragraph, the term “candidate” means an 1280 eligible person who has timely submitted the written notice, as 1281 described in sub-subparagraph 4.a., of his or her intention to 1282 become a candidate. Except in a timeshare or nonresidential 1283 condominium, or if the staggered term of a board member does not 1284 expire until a later annual meeting, or if all members’ terms 1285 would otherwise expire but there are no candidates, the terms of 1286 all board members expire at the annual meeting, and such members 1287 may stand for reelection unless prohibited by the bylaws. Board 1288 members may serve terms longer than 1 year if permitted by the 1289 bylaws or articles of incorporation. A board member may not 1290 serve more than 8 consecutive years unless approved by an 1291 affirmative vote of unit owners representing two-thirds of all 1292 votes cast in the election or unless there are not enough 1293 eligible candidates to fill the vacancies on the board at the 1294 time of the vacancy. Only board service that occurs on or after 1295 July 1, 2018, may be used when calculating a board member’s term 1296 limit. If the number of board members whose terms expire at the 1297 annual meeting equals or exceeds the number of candidates, the 1298 candidates become members of the board effective upon the 1299 adjournment of the annual meeting. Unless the bylaws provide 1300 otherwise, any remaining vacancies shall be filled by the 1301 affirmative vote of the majority of the directors making up the 1302 newly constituted board even if the directors constitute less 1303 than a quorum or there is only one director. In a residential 1304 condominium association of more than 10 units or in a 1305 residential condominium association that does not include 1306 timeshare units or timeshare interests, co-owners of a unit may 1307 not serve as members of the board of directors at the same time 1308 unless they own more than one unit or unless there are not 1309 enough eligible candidates to fill the vacancies on the board at 1310 the time of the vacancy. A unit owner in a residential 1311 condominium desiring to be a candidate for board membership must 1312 comply with sub-subparagraph 4.a. and must be eligible to be a 1313 candidate to serve on the board of directors at the time of the 1314 deadline for submitting a notice of intent to run in order to 1315 have his or her name listed as a proper candidate on the ballot 1316 or to serve on the board. A person who has been suspended or 1317 removed by the division under this chapter, or who is delinquent 1318 in the payment of any assessment due to the association, is not 1319 eligible to be a candidate for board membership and may not be 1320 listed on the ballot. For purposes of this paragraph, a person 1321 is delinquent if a payment is not made by the due date as 1322 specifically identified in the declaration of condominium, 1323 bylaws, or articles of incorporation. If a due date is not 1324 specifically identified in the declaration of condominium, 1325 bylaws, or articles of incorporation, the due date is the first 1326 day of the assessment period. A person who has been convicted of 1327 any felony in this state or in a United States District or 1328 Territorial Court, or who has been convicted of any offense in 1329 another jurisdiction which would be considered a felony if 1330 committed in this state, is not eligible for board membership 1331 unless such felon’s civil rights have been restored for at least 1332 5 years as of the date such person seeks election to the board. 1333 The validity of an action by the board is not affected if it is 1334 later determined that a board member is ineligible for board 1335 membership due to having been convicted of a felony. This 1336 subparagraph does not limit the term of a member of the board of 1337 a nonresidential or timeshare condominium. 1338 3. The bylaws must provide the method of calling meetings 1339 of unit owners, including annual meetings. Written notice of an 1340 annual meeting must include an agenda; be mailed, hand 1341 delivered, or electronically transmitted to each unit owner at 1342 least 14 days before the annual meeting; and be posted in a 1343 conspicuous place on the condominium property or association 1344 property at least 14 continuous days before the annual meeting. 1345 Written notice of a meeting other than an annual meeting must 1346 include an agenda; be mailed, hand delivered, or electronically 1347 transmitted to each unit owner; and be posted in a conspicuous 1348 place on the condominium property or association property within 1349 the timeframe specified in the bylaws. If the bylaws do not 1350 specify a timeframe for written notice of a meeting other than 1351 an annual meeting, notice must be provided at least 14 1352 continuous days before the meeting. Upon notice to the unit 1353 owners, the board shall, by duly adopted rule, designate a 1354 specific location on the condominium property or association 1355 property where all notices of unit owner meetings must be 1356 posted. This requirement does not apply if there is no 1357 condominium property for posting notices. In lieu of, or in 1358 addition to, the physical posting of meeting notices, the 1359 association may, by reasonable rule, adopt a procedure for 1360 conspicuously posting and repeatedly broadcasting the notice and 1361 the agenda on a closed-circuit cable television system serving 1362 the condominium association. However, if broadcast notice is 1363 used in lieu of a notice posted physically on the condominium 1364 property, the notice and agenda must be broadcast at least four 1365 times every broadcast hour of each day that a posted notice is 1366 otherwise required under this section. If broadcast notice is 1367 provided, the notice and agenda must be broadcast in a manner 1368 and for a sufficient continuous length of time so as to allow an 1369 average reader to observe the notice and read and comprehend the 1370 entire content of the notice and the agenda. In addition to any 1371 of the authorized means of providing notice of a meeting of the 1372 board, the association may, by rule, adopt a procedure for 1373 conspicuously posting the meeting notice and the agenda on a 1374 website serving the condominium association for at least the 1375 minimum period of time for which a notice of a meeting is also 1376 required to be physically posted on the condominium property. 1377 Any rule adopted shall, in addition to other matters, include a 1378 requirement that the association send an electronic notice in 1379 the same manner as a notice for a meeting of the members, which 1380 must include a hyperlink to the website where the notice is 1381 posted, to unit owners whose e-mail addresses are included in 1382 the association’s official records. Unless a unit owner waives 1383 in writing the right to receive notice of the annual meeting, 1384 such notice must be hand delivered, mailed, or electronically 1385 transmitted to each unit owner. Notice for meetings and notice 1386 for all other purposes must be mailed to each unit owner at the 1387 address last furnished to the association by the unit owner, or 1388 hand delivered to each unit owner. However, if a unit is owned 1389 by more than one person, the association must provide notice to 1390 the address that the developer identifies for that purpose and 1391 thereafter as one or more of the owners of the unit advise the 1392 association in writing, or if no address is given or the owners 1393 of the unit do not agree, to the address provided on the deed of 1394 record. An officer of the association, or the manager or other 1395 person providing notice of the association meeting, must provide 1396 an affidavit or United States Postal Service certificate of 1397 mailing, to be included in the official records of the 1398 association affirming that the notice was mailed or hand 1399 delivered in accordance with this provision. 1400 4. The members of the board of a residential condominium 1401 shall be elected by written ballot or voting machine. Proxies 1402 may not be used in electing the board in general elections or 1403 elections to fill vacancies caused by recall, resignation, or 1404 otherwise, unless otherwise provided in this chapter. This 1405 subparagraph does not apply to an association governing a 1406 timeshare condominium. 1407 a. At least 60 days before a scheduled election, the 1408 association shall mail, deliver, or electronically transmit, by 1409 separate association mailing or included in another association 1410 mailing, delivery, or transmission, including regularly 1411 published newsletters, to each unit owner entitled to a vote, a 1412 first notice of the date of the election. A unit owner or other 1413 eligible person desiring to be a candidate for the board must 1414 give written notice of his or her intent to be a candidate to 1415 the association at least 40 days before a scheduled election. 1416 Together with the written notice and agenda as set forth in 1417 subparagraph 3., the association shall mail, deliver, or 1418 electronically transmit a second notice of the election to all 1419 unit owners entitled to vote, together with a ballot that lists 1420 all candidates not less than 14 days or more than 34 days before 1421 the date of the election. Upon request of a candidate, an 1422 information sheet, no larger than 8 1/2 inches by 11 inches, 1423 which must be furnished by the candidate at least 35 days before 1424 the election, must be included with the mailing, delivery, or 1425 transmission of the ballot, with the costs of mailing, delivery, 1426 or electronic transmission and copying to be borne by the 1427 association. The association is not liable for the contents of 1428 the information sheets prepared by the candidates. In order to 1429 reduce costs, the association may print or duplicate the 1430 information sheets on both sides of the paper. The division 1431 shall by rule establish voting procedures consistent with this 1432 sub-subparagraph, including rules establishing procedures for 1433 giving notice by electronic transmission and rules providing for 1434 the secrecy of ballots. Elections shall be decided by a 1435 plurality of ballots cast. There is no quorum requirement; 1436 however, at least 20 percent of the eligible voters must cast a 1437 ballot in order to have a valid election. A unit owner may not 1438 authorize any other person to vote his or her ballot, and any 1439 ballots improperly cast are invalid. A unit owner who violates 1440 this provision may be fined by the association in accordance 1441 with s. 718.303. A unit owner who needs assistance in casting 1442 the ballot for the reasons stated in s. 101.051 may obtain such 1443 assistance. The regular election must occur on the date of the 1444 annual meeting. Notwithstanding this sub-subparagraph, an 1445 election is not required unless more candidates file notices of 1446 intent to run or are nominated than board vacancies exist. 1447 b. A director of aWithin 90 days after being elected or1448appointed to theboard of an association of a residential 1449 condominium, each newly elected or appointed directorshall: 1450 (I) Certify in writing to the secretary of the association 1451 that he or she has read the association’s declaration of 1452 condominium, articles of incorporation, bylaws, and current 1453 written policies; that he or she will work to uphold such 1454 documents and policies to the best of his or her ability; and 1455 that he or she will faithfully discharge his or her fiduciary 1456 responsibility to the association’s members.In lieu of this1457written certification, within 90 days after being elected or1458appointed to the board, the newly elected or appointed director1459may1460 (II) Submit to the secretary of the association a 1461 certificate of having satisfactorily completed the educational 1462 curriculum administered by a division-approved condominium 1463 education providerwithin 1 year before or 90 days after the1464date of election or appointment. The education curriculum must 1465 be least 4 hours long and address director and officer fiduciary 1466 duty, milestone inspections under s. 553.899, structural 1467 integrity reserve studies, and at least four of the following 1468 topics: budgets and reserves; elections; financial reporting; 1469 condominium operations; records maintenance, including unit 1470 owner access to records; dispute resolution; and bids and 1471 contracts. 1472 1473 Each newly elected or appointed director must submit the written 1474 certification and educational certificate to the secretary of 1475 the association within 1 year before being elected or appointed 1476 or within 90 days after the date of election or appointment. A 1477 director of an association of a residential condominium who was 1478 elected or appointed before July 1, 2024, shall comply with the 1479 written certification and educational certificate requirements 1480 in this sub-subparagraph by June 30, 2025. The written 1481 certification andoreducational certificate is valid for 7 1482 years from the date of issuance and does not have to be 1483 resubmitted as long as the director serves on the board without 1484 interruption during the 7-year period. A director who is 1485 appointed by the developer may satisfy the educational 1486 certificate requirement in sub-sub-subparagraph (II) for any 1487 subsequent appointment to a board by a developer within 7 years 1488 after the date of issuance of the most recent educational 1489 certificate, including any interruption of service on a board or 1490 an appointment to a board in another association within that 7 1491 year period. Additionally, one year after submission of the most 1492 recent written certification and educational certificate, and 1493 annually thereafter, a director of an association of a 1494 residential condominium must submit to the secretary of the 1495 association a certificate of having satisfactorily completed an 1496 educational curriculum administered by a division-approved 1497 condominium education provider, relating to any recent changes 1498 to this chapter and the related administrative rules, during the 1499 past year. The cost of a required educational curriculum and 1500 certificate is an expense of the association which the 1501 association may pay on behalf of the director or reimburse the 1502 director for his or her expense. A director of an association of 1503 a residential condominium who fails to timely file the written 1504 certification andoreducational certificate is suspended from 1505 service on the board until he or she complies with this sub 1506 subparagraph. The board may temporarily fill the vacancy during 1507 the period of suspension. The secretary shall cause the 1508 association to retain a director’s written certification andor1509 educational certificate for inspection by the members for 751510 years after a director’s election or the duration of the 1511 director’s uninterrupted tenure, whichever is longer. Failure to 1512 have such written certification andoreducational certificate 1513 on file does not affect the validity of any board action. 1514 c. Any challenge to the election process must be commenced 1515 within 60 days after the election results are announced. 1516 5. Any approval by unit owners called for by this chapter 1517 or the applicable declaration or bylaws, including, but not 1518 limited to, the approval requirement in s. 718.111(8), must be 1519 made at a duly noticed meeting of unit owners and is subject to 1520 all requirements of this chapter or the applicable condominium 1521 documents relating to unit owner decisionmaking, except that 1522 unit owners may take action by written agreement, without 1523 meetings, on matters for which action by written agreement 1524 without meetings is expressly allowed by the applicable bylaws 1525 or declaration or any law that provides for such action. 1526 6. Unit owners may waive notice of specific meetings if 1527 allowed by the applicable bylaws or declaration or any law. 1528 Notice of meetings of the board of administration; unit owner 1529 meetings, except unit owner meetings called to recall board 1530 members under paragraph (l); and committee meetings may be given 1531 by electronic transmission to unit owners who consent to receive 1532 notice by electronic transmission. A unit owner who consents to 1533 receiving notices by electronic transmission is solely 1534 responsible for removing or bypassing filters that block receipt 1535 of mass e-mails sent to members on behalf of the association in 1536 the course of giving electronic notices. 1537 7. Unit owners have the right to participate in meetings of 1538 unit owners with reference to all designated agenda items. 1539 However, the association may adopt reasonable rules governing 1540 the frequency, duration, and manner of unit owner participation. 1541 8. A unit owner may tape record or videotape a meeting of 1542 the unit owners subject to reasonable rules adopted by the 1543 division. 1544 9. Unless otherwise provided in the bylaws, any vacancy 1545 occurring on the board before the expiration of a term may be 1546 filled by the affirmative vote of the majority of the remaining 1547 directors, even if the remaining directors constitute less than 1548 a quorum, or by the sole remaining director. In the alternative, 1549 a board may hold an election to fill the vacancy, in which case 1550 the election procedures must conform to sub-subparagraph 4.a. 1551 unless the association governs 10 units or fewer and has opted 1552 out of the statutory election process, in which case the bylaws 1553 of the association control. Unless otherwise provided in the 1554 bylaws, a board member appointed or elected under this section 1555 shall fill the vacancy for the unexpired term of the seat being 1556 filled. Filling vacancies created by recall is governed by 1557 paragraph (l) and rules adopted by the division. 1558 10. This chapter does not limit the use of general or 1559 limited proxies, require the use of general or limited proxies, 1560 or require the use of a written ballot or voting machine for any 1561 agenda item or election at any meeting of a timeshare 1562 condominium association or nonresidential condominium 1563 association. 1564 1565 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an 1566 association of 10 or fewer units may, by affirmative vote of a 1567 majority of the total voting interests, provide for different 1568 voting and election procedures in its bylaws, which may be by a 1569 proxy specifically delineating the different voting and election 1570 procedures. The different voting and election procedures may 1571 provide for elections to be conducted by limited or general 1572 proxy. 1573 (f) Annual budget.— 1574 1. The proposed annual budget of estimated revenues and 1575 expenses must be detailed and must show the amounts budgeted by 1576 accounts and expense classifications, including, at a minimum, 1577 any applicable expenses listed in s. 718.504(21). The board 1578 shall adopt the annual budget at least 14 days before the start 1579 of the association’s fiscal year. In the event that the board 1580 fails to timely adopt the annual budget a second time, it is 1581 deemed a minor violation and the prior year’s budget shall 1582 continue in effect until a new budget is adopted. A 1583 multicondominium association must adopt a separate budget of 1584 common expenses for each condominium the association operates 1585 and must adopt a separate budget of common expenses for the 1586 association. In addition, if the association maintains limited 1587 common elements with the cost to be shared only by those 1588 entitled to use the limited common elements as provided for in 1589 s. 718.113(1), the budget or a schedule attached to it must show 1590 the amount budgeted for this maintenance. If, after turnover of 1591 control of the association to the unit owners, any of the 1592 expenses listed in s. 718.504(21) are not applicable, they do 1593 not need to be listed. 1594 2.a. In addition to annual operating expenses, the budget 1595 must include reserve accounts for capital expenditures and 1596 planneddeferredmaintenance. These accounts must include, but 1597 are not limited to, roof replacement, building painting, and 1598 pavement resurfacing, regardless of the amount of planned 1599deferredmaintenance expense or replacement cost, and any other 1600 item that has a planneddeferredmaintenance expense or 1601 replacement cost that exceeds $10,000. The amount to be reserved 1602 must be computed using a formula based upon estimated remaining 1603 useful life and estimated replacement cost or planneddeferred1604 maintenance expense of the reserve item. In a budget adopted by 1605 an association that is required to obtain a structural integrity 1606 reserve study, reserves must be maintained for the items 1607 identified in paragraph (g) for which the association is 1608 responsible pursuant to the declaration of condominium, and the 1609 reserve amount for such items must be based on the findings and 1610 recommendations of the association’s most recent structural 1611 integrity reserve study. With respect to items for which an 1612 estimate of useful life is not readily ascertainable or with an 1613 estimated remaining useful life of greater than 25 years, an 1614 association is not required to reserve replacement costs for 1615 such items, but an association must reserve the amount of 1616 planneddeferredmaintenance expense, if any, which is 1617 recommended by the structural integrity reserve study for such 1618 items. The association may adjust replacement reserve 1619 assessments annually to take into account an inflation 1620 adjustment and any changes in estimates or extension of the 1621 useful life of a reserve item caused by planneddeferred1622 maintenance. The members of a unit-owner-controlled association 1623 may determine, by a majority vote of the total voting interests 1624 of the association, to provide no reserves or less reserves than 1625 required by this subsection. For a budget adopted on or after 1626 December 31, 2024, the members of a unit-owner-controlled 1627 association that must obtain a structural integrity reserve 1628 study may not determine to provide no reserves or less reserves 1629 than required by this subsection for items listed in paragraph 1630 (g), except that members of an association operating a 1631 multicondominium may determine to provide no reserves or less 1632 reserves than required by this subsection if an alternative 1633 funding method has been approved by the division. If the local 1634 building official, as defined in s. 468.603, determines that the 1635 entire condominium building is uninhabitable due to a natural 1636 emergency, as defined in s. 252.34, the board, upon the approval 1637 of a majority of its members, may pause the contribution to its 1638 reserves or reduce reserve funding until the local building 1639 official determines that the condominium building is habitable. 1640 Any reserve account funds held by the association may be 1641 expended, pursuant to the board’s determination, to make the 1642 condominium building and its structures habitable. Upon the 1643 determination by the local building official that the 1644 condominium building and its structures are habitable, the 1645 association must immediately resume contributing funds to its 1646 reserves. 1647 b. Before turnover of control of an association by a 1648 developer to unit owners other than a developer under s. 1649 718.301, the developer-controlled association may not vote to 1650 waive the reserves or reduce funding of the reserves. If a 1651 meeting of the unit owners has been called to determine whether 1652 to waive or reduce the funding of reserves and no such result is 1653 achieved or a quorum is not attained, the reserves included in 1654 the budget shall go into effect. After the turnover, the 1655 developer may vote its voting interest to waive or reduce the 1656 funding of reserves. 1657 3. Reserve funds and any interest accruing thereon shall 1658 remain in the reserve account or accounts, and may be used only 1659 for authorized reserve expenditures unless their use for other 1660 purposes is approved in advance by a majority vote of all the 1661 total voting interests of the association. Before turnover of 1662 control of an association by a developer to unit owners other 1663 than the developer pursuant to s. 718.301, the developer 1664 controlled association may not vote to use reserves for purposes 1665 other than those for which they were intended. For a budget 1666 adopted on or after December 31, 2024, members of a unit-owner 1667 controlled association that must obtain a structural integrity 1668 reserve study may not vote to use reserve funds, or any interest 1669 accruing thereon, for any other purpose other than the 1670 replacement or planneddeferredmaintenance costs of the 1671 components listed in paragraph (g). 1672 4. The only voting interests that are eligible to vote on 1673 questions that involve waiving or reducing the funding of 1674 reserves, or using existing reserve funds for purposes other 1675 than purposes for which the reserves were intended, are the 1676 voting interests of the units subject to assessment to fund the 1677 reserves in question. Proxy questions relating to waiving or 1678 reducing the funding of reserves or using existing reserve funds 1679 for purposes other than purposes for which the reserves were 1680 intended must contain the following statement in capitalized, 1681 bold letters in a font size larger than any other used on the 1682 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN 1683 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY 1684 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED 1685 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. 1686 (g) Structural integrity reserve study.— 1687 1. A residential condominium association must have a 1688 structural integrity reserve study completed at least every 10 1689 years after the condominium’s creation for each building on the 1690 condominium property that is three stories or higher in height, 1691 as determined by the Florida Building Code, which includes, at a 1692 minimum, a study of the following items as related to the 1693 structural integrity and safety of the building: 1694 a. Roof. 1695 b. Structure, including load-bearing walls and other 1696 primary structural members and primary structural systems as 1697 those terms are defined in s. 627.706. 1698 c. Fireproofing and fire protection systems. 1699 d. Plumbing. 1700 e. Electrical systems. 1701 f. Waterproofing and exterior painting. 1702 g. Windows and exterior doors. 1703 h. Any other item that has a planneddeferredmaintenance 1704 expense or replacement cost that exceeds $10,000 and the failure 1705 to replace or maintain such item negatively affects the items 1706 listed in sub-subparagraphs a.-g., as determined by the visual 1707 inspection portion of the structural integrity reserve study. 1708 2. A structural integrity reserve study is based on a 1709 visual inspection of the condominium property. A structural 1710 integrity reserve study may be performed by any person qualified 1711 to perform such study. However, the visual inspection portion of 1712 the structural integrity reserve study must be performed or 1713 verified by an engineer licensed under chapter 471, an architect 1714 licensed under chapter 481, or a person certified as a reserve 1715 specialist or professional reserve analyst by the Community 1716 Associations Institute or the Association of Professional 1717 Reserve Analysts. 1718 3. At a minimum, a structural integrity reserve study must 1719 identify each item of the condominium property being visually 1720 inspected, state the estimated remaining useful life and the 1721 estimated replacement cost or planneddeferredmaintenance 1722 expense of each item of the condominium property being visually 1723 inspected, and provide a reserve funding schedule with a 1724 recommended annual reserve amount that achieves the estimated 1725 replacement cost or planneddeferredmaintenance expense of each 1726 item of condominium property being visually inspected by the end 1727 of the estimated remaining useful life of the item. The 1728 structural integrity reserve study may recommend that reserves 1729 do not need to be maintained for any item for which an estimate 1730 of useful life and an estimate of replacement cost cannot be 1731 determined, or the study may recommend a planneddeferred1732 maintenance expense amount for such item. The structural 1733 integrity reserve study may recommend that reserves for 1734 replacement costs do not need to be maintained for any item with 1735 an estimated remaining useful life of greater than 25 years, but 1736 the study may recommend a planneddeferredmaintenance expense 1737 amount for such item. If the condominium building or units are 1738 unsafe and uninhabitable due to substantial damage or loss as 1739 determined by the local enforcement agency, as defined in s. 1740 533.71(5), and it is in the best interests of the association to 1741 use revenues and existing reserve funds to perform necessary 1742 repairs to make the building safe and habitable, the structural 1743 integrity reserve study may recommend a temporary pause in 1744 reserve funding or reduced reserve funding, but the association 1745 may not pause reserve funding after the building has been 1746 declared safe for occupancy by the local enforcement agency. 1747 4. This paragraph does not apply to buildings less than 1748 three stories in height; single-family, two-family,orthree 1749 family, or four-family dwellings with three or fewer habitable 1750 stories above ground; any portion or component of a building 1751 that has not been submitted to the condominium form of 1752 ownership; or any portion or component of a building that is 1753 maintained by a party other than the association. 1754 5. Before a developer turns over control of an association 1755 to unit owners other than the developer, the developer must have 1756 a turnover inspection report in compliance with s. 718.301(4)(p) 1757 and (q) for each building on the condominium property that is 1758 three stories or higher in height. 1759 6. Associations existing on or before July 1, 2022, which 1760 are controlled by unit owners other than the developer, must 1761 have a structural integrity reserve study completed by December 1762 31, 2024, for each building on the condominium property that is 1763 three stories or higher in height. An association that is 1764 required to complete a milestone inspection in accordance with 1765 s. 553.899 on or before December 31, 2026, may complete the 1766 structural integrity reserve study simultaneously with the 1767 milestone inspection. In no event may the structural integrity 1768 reserve study be completed after December 31, 2026. 1769 7. If the milestone inspection required by s. 553.899, or 1770 an inspection completed for a similar local requirement, was 1771 performed within the past 5 years and meets the requirements of 1772 this paragraph, such inspection may be used in place of the 1773 visual inspection portion of the structural integrity reserve 1774 study. 1775 8. If the officers or directors of an association willfully 1776 and knowingly fail to complete a structural integrity reserve 1777 study pursuant to this paragraph, such failure is a breach of an 1778 officer’s and director’s fiduciary relationship to the unit 1779 owners under s. 718.111(1). 1780 9. Within 45 days after receiving the structural integrity 1781 reserve study, the association must distribute a copy of the 1782 study to each unit owner or deliver to each unit owner a notice 1783 that the completed study is available for inspection and copying 1784 upon a written request. Distribution of a copy of the study or 1785 notice must be made by United States mail or personal delivery 1786 at the mailing address, property address, or any other address 1787 of the owner provided to fulfill the association’s notice 1788 requirements under this chapter, or by electronic transmission 1789 to the e-mail address or facsimile number provided to fulfill 1790 the association’s notice requirements to unit owners who 1791 previously consented to receive notice by electronic 1792 transmission. 1793 (q) Director or officer offenses.— 1794 1. A director or an officer charged by information or 1795 indictment with any of the following crimes is deemed removed 1796 from office and a vacancy declared: 1797 a. Forgery of a ballot envelope or voting certificate used 1798 in a condominium association election as provided in s. 831.01. 1799 b. Theft or embezzlement involving the association’s funds 1800 or property as provided in s. 812.014. 1801 c. Destruction of, or the refusal to allow inspection or 1802 copying of, an official record of a condominium association 1803 which is accessible to unit owners within the time periods 1804 required by general law, in furtherance of any crime. Such act 1805 constitutes tampering with physical evidence as provided in s. 1806 918.13. 1807 d. Obstruction of justice under chapter 843. 1808 e. Any criminal violation under this chapter. 1809 2. The board shall fill the vacancy in accordance with 1810 paragraph (2)(d)a felony theft or embezzlement offense1811involving the association’s funds or property must be removed1812from office, creating a vacancy in the office to be filled1813according to lawuntil the end of the period of the suspension 1814 or the end of the director’s term of office, whichever occurs 1815 first. While such director or officer has such criminal charge 1816 pending, he or she may not be appointed or elected to a position 1817 as a director or an officer of any association and may not have 1818 access to the official records of any association, except 1819 pursuant to a court order. However, if the charges are resolved 1820 without a finding of guilt, the director or officer shall be 1821 reinstated for the remainder of his or her term of office, if 1822 any. 1823 (r) Fraudulent voting activities relating to association 1824 elections; penalties.— 1825 1. A person who engages in the following acts of fraudulent 1826 voting activity relating to association elections commits a 1827 misdemeanor of the first degree, punishable as provided in s. 1828 775.082 or s. 775.083: 1829 a. Willfully and falsely swearing to or affirming an oath 1830 or affirmation, or willfully procuring another person to falsely 1831 swear to or affirm an oath or affirmation, in connection with or 1832 arising out of voting activities. 1833 b. Perpetrating or attempting to perpetrate, or aiding in 1834 the perpetration of, fraud in connection with a vote cast, to be 1835 cast, or attempted to be cast. 1836 c. Preventing a member from voting or preventing a member 1837 from voting as he or she intended by fraudulently changing or 1838 attempting to change a ballot, ballot envelope, vote, or voting 1839 certificate of the member. 1840 d. Menacing, threatening, or using bribery or any other 1841 corruption to attempt, directly or indirectly, to influence, 1842 deceive, or deter a member when the member is voting. 1843 e. Giving or promising, directly or indirectly, anything of 1844 value to another member with the intent to buy the vote of that 1845 member or another member or to corruptly influence that member 1846 or another member in casting his or her vote. This subsection 1847 does not apply to any food served which is to be consumed at an 1848 election rally or a meeting or to any item of nominal value 1849 which is used as an election advertisement, including a campaign 1850 message designed to be worn by a member. 1851 f. Using or threatening to use, directly or indirectly, 1852 force, violence, or intimidation or any tactic of coercion or 1853 intimidation to induce or compel a member to vote or refrain 1854 from voting in an election or on a particular ballot measure. 1855 2. Each of the following acts constitutes a misdemeanor of 1856 the first degree, punishable as provided in s. 775.082 or s. 1857 775.083: 1858 a. Knowingly aiding, abetting, or advising a person in the 1859 commission of a fraudulent voting activity related to 1860 association elections. 1861 b. Agreeing, conspiring, combining, or confederating with 1862 at least one other person to commit a fraudulent voting activity 1863 related to association elections. 1864 c. Having knowledge of a fraudulent voting activity related 1865 to association elections and giving any aid to the offender with 1866 intent that the offender avoid or escape detection, arrest, 1867 trial, or punishment. 1868 1869 This subparagraph does not apply to a licensed attorney giving 1870 legal advice to a client. 1871 3. Any person charged by information or indictment for any 1872 of the crimes in this paragraph shall be deemed removed from 1873 office and a vacancy declared. 1874 Section 11. Subsection (5) of section 718.113, Florida 1875 Statutes, is amended to read: 1876 718.113 Maintenance; limitation upon improvement; display 1877 of flag; hurricaneshutters andprotection; display of religious 1878 decorations.— 1879 (5) To protect the health, safety, and welfare of the 1880 people of this state and to ensure uniformity and consistency in 1881 the hurricane protections installed by condominium associations 1882 and unit owners, this subsection applies to all residential and 1883 mixed-use condominiums in this state, regardless of when the 1884 condominium is created pursuant to the declaration of 1885 condominium. Each board of administration of a residential 1886 condominium or mixed-use condominium shall adopt hurricane 1887 protectionshutterspecifications for each building within each 1888 condominium operated by the association which mayshallinclude 1889 color, style, and other factors deemed relevant by the board. 1890 All specifications adopted by the board must comply with the 1891 applicable building code. The installation, maintenance, repair, 1892 replacement, and operation of hurricane protection in accordance 1893 with this subsection is not considered a material alterations or 1894 substantial additions to the common elements or association 1895 property within the meaning of this section. 1896 (a) The board may, subject to s. 718.3026 and the approval 1897 of a majority of voting interests of the residential condominium 1898 or mixed-use condominium, install or require that unit owners 1899 install hurricaneshutters, impact glass, code-compliant windows1900or doors, or other types of code-compliant hurricaneprotection 1901 that compliescomplywith or exceedsexceedthe applicable 1902 building code. A vote of the unit owners to require the 1903 installation of hurricane protection must be set forth in a 1904 certificate attesting to such vote and include the date that the 1905 hurricane protection must be installed. The board must record 1906 the certificate in the public records of the county where the 1907 condominium is located. The certificate must include the 1908 recording data identifying the declaration of condominium and 1909 must be executed in the form required for the execution of a 1910 deed. Once the certificate is recorded, the board must mail or 1911 hand deliver a copy of the recorded certificate to the unit 1912 owners at the owners’ addresses, as reflected in the records of 1913 the association. The board may provide a copy of the recorded 1914 certificate by electronic transmission to unit owners who 1915 previously consented to receive notice by electronic 1916 transmission. The failure to record the certificate or send a 1917 copy of the recorded certificate to the unit owners does not 1918 affect the validity or enforceability of the vote of the unit 1919 owners.However,A vote of the unit owners under this paragraph 1920 is not required if the installation, maintenance, repair, and 1921 replacement of the hurricaneshutters, impact glass, code1922compliant windows or doors, or other types of code-compliant1923hurricaneprotection, or any exterior windows, doors, or other 1924 apertures protected by the hurricane protection, isarethe 1925 responsibility of the association pursuant to the declaration of 1926 condominium as originally recorded or as amended, or if the unit 1927 owners are required to install hurricane protection pursuant to 1928 the declaration of condominium as originally recorded or as 1929 amended. If hurricane protectionor laminated glass or window1930film architecturally designed to function as hurricane1931protectionthat complies with or exceeds the current applicable 1932 building code has been previously installed, the board may not 1933 install the same type ofhurricane shutters, impact glass, code1934compliant windows or doors, or other types of code-compliant1935 hurricane protection or require that unit owners install the 1936 same type of hurricane protection unless the installed hurricane 1937 protection has reached the end of its useful life or unless it 1938 is necessary to prevent damage to the common elements or to a 1939 unitexcept upon approval by a majority vote of the voting1940interests. 1941(b)The association is responsible for the maintenance,1942repair, and replacement of the hurricane shutters, impact glass,1943code-compliant windows or doors, or other types of code1944compliant hurricane protection authorized by this subsection if1945such property is the responsibility of the association pursuant1946to the declaration of condominium. If the hurricane shutters,1947impact glass, code-compliant windows or doors, or other types of1948code-compliant hurricane protection are the responsibility of1949the unit owners pursuant to the declaration of condominium, the1950maintenance, repair, and replacement of such items are the1951responsibility of the unit owner.1952 (b)(c)The board may operateshutters, impact glass, code1953compliant windows or doors, or other types of code-compliant1954 hurricane protectioninstalled pursuant to this subsection1955 without permission of the unit owners only if such operation is 1956 necessary to preserve and protect the condominium property or 1957andassociation property.The installation, replacement,1958operation, repair, and maintenance of such shutters, impact1959glass, code-compliant windows or doors, or other types of code1960compliant hurricane protection in accordance with the procedures1961set forth in this paragraph are not a material alteration to the1962common elements or association property within the meaning of1963this section.1964 (c)(d)Notwithstanding any other provision in the 1965 residential condominium or mixed-use condominium documents, if 1966 approval is required by the documents, a board may not refuse to 1967 approve the installation or replacement ofhurricane shutters,1968impact glass, code-compliant windows or doors, or other types of1969code-complianthurricane protection by a unit owner which 1970 conformsconformingto the specifications adopted by the board. 1971 However, a board may require the unit owner to adhere to an 1972 existing unified building scheme regarding the external 1973 appearance of the condominium. 1974 (d) Unless otherwise provided in a declaration of 1975 condominium recorded in the public record before July 1, 2024, a 1976 unit owner is not responsible for the cost of any removal or 1977 reinstallation of hurricane protection, and any exterior window, 1978 door, or other aperture protected by the hurricane protection, 1979 if its removal is necessary for the maintenance, repair, or 1980 replacement of other condominium property or association 1981 property for which the association is responsible. The board 1982 shall determine if the removal or reinstallation of hurricane 1983 protection must be completed by the unit owner or the 1984 association. If such removal or reinstallation is completed by 1985 the association, the costs incurred by the association may not 1986 be charged to the unit owner. If such removal or reinstallation 1987 is completed by the unit owner, the association must reimburse 1988 the unit owner for the cost of the removal or reinstallation or 1989 the association must apply the unit owner’s cost of removal or 1990 reinstallation as a credit toward future assessments. 1991 (e) If the removal or installation of hurricane protection 1992 or of any exterior windows, doors, or other apertures protected 1993 by the hurricane protection are the responsibility of the unit 1994 owner, such removal or installation is completed by the 1995 association, and the association then charges the unit owner for 1996 such removal or installation, such charges are enforceable as an 1997 assessment and may be collected in the manner provided under s. 1998 718.116. 1999 Section 12. Paragraph (e) of subsection (1) of section 2000 718.115, Florida Statutes, is amended to read: 2001 718.115 Common expenses and common surplus.— 2002 (1) 2003 (e)1. Except as provided in s. 718.113(5)(d)The expense of2004installation, replacement, operation, repair, and maintenance of2005hurricane shutters, impact glass, code-compliant windows or2006doors, or other types of code-compliant hurricane protection by2007the board pursuant to s. 718.113(5) constitutes a common expense2008and shall be collected as provided in this section if the2009association is responsible for the maintenance, repair, and2010replacement of the hurricane shutters, impact glass, code2011compliant windows or doors, or other types of code-compliant2012hurricane protection pursuant to the declaration of condominium.2013However, if the installation ofmaintenance, repair, and2014replacement of the hurricane shutters, impact glass, code2015compliant windows or doors, or other types of code-compliant2016 hurricane protection isarethe responsibility of the unit 2017 owners pursuant to the declaration of condominium or a vote of 2018 the unit owners under s. 718.113(5), the cost of the 2019 installation ofthe hurricane shutters, impact glass, code2020compliant windows or doors, or other types of code-compliant2021 hurricane protection by the association is not a common expense 2022 and mustshallbe charged individually to the unit owners based 2023 on the cost of installation ofthe hurricane shutters, impact2024glass, code-compliant windows or doors, or other types of code2025complianthurricane protection appurtenant to the unit. The 2026 costs of installation of hurricane protection are enforceable as 2027 an assessment and may be collected in the manner provided under 2028 s. 718.116. 2029 2. Notwithstanding s. 718.116(9), and regardless of whether 2030or notthe declaration requires the association or unit owners 2031 to install, maintain, repair, or replacehurricane shutters,2032impact glass, code-compliant windows or doors, or other types of2033code-complianthurricane protection, thea unitowner of a unit 2034 wherewho has previously installed hurricane shutters in2035accordance with s. 718.113(5) that comply with the current2036applicable building code shall receive a credit when the2037shutters are installed; a unit owner who has previously2038installed impact glass or code-compliant windows or doors that2039comply with the current applicable building code shall receive a2040credit when the impact glass or code-compliant windows or doors2041are installed; and a unit owner who has installed other types of2042code-complianthurricane protection that compliescomplywith 2043 the current applicable building code has been installed is 2044 excused from any assessment levied by the association or shall 2045 receive a credit ifwhenthe same type ofother code-compliant2046 hurricane protection is installed by the association, and the2047credit shall be equal to the pro rata portion of the assessed2048installation cost assigned to each unit. A credit is applicable 2049 if the installation of hurricane protection is for all other 2050 units that do not have hurricane protection and the cost of such 2051 installation is funded by the association’s budget, including 2052 the use of reserve funds. The credit must be equal to the amount 2053 that the unit owner would have been assessed to install the 2054 hurricane protection. However, such unit owner remains 2055 responsible for the pro rata share of expenses forhurricane2056shutters, impact glass, code-compliant windows or doors, or2057other types of code-complianthurricane protection installed on 2058 common elements and association property by the board pursuant 2059 to s. 718.113(5) and remains responsible for a pro rata share of 2060 the expense of the replacement, operation, repair, and 2061 maintenance of suchshutters, impact glass, code-compliant2062windows or doors, or other types of code-complianthurricane 2063 protection. Expenses for the installation, replacement, 2064 operation, repair, or maintenance of hurricane protection on 2065 common elements and association property are common expenses. 2066 Section 13. Paragraph (a) of subsection (4) of section 2067 718.121, Florida Statutes, is amended to read: 2068 718.121 Liens.— 2069 (4)(a) If an association sends out an invoice for 2070 assessments or a unit’s statement of the account described in s. 2071 718.111(12)(a)11.c.s. 718.111(12)(a)11.b., the invoice for 2072 assessments or the unit’s statement of account must be delivered 2073 to the unit owner by first-class United States mail or by 2074 electronic transmission to the unit owner’s e-mail address 2075 maintained in the association’s official records. 2076 Section 14. Section 718.1224, Florida Statutes, is amended 2077 to read: 2078 718.1224 Prohibition against SLAPP suits; other prohibited 2079 actions.— 2080 (1) It is the intent of the Legislature to protect the 2081 right of condominium unit owners to exercise their rights to 2082 instruct their representatives and petition for redress of 2083 grievances before their condominium association and the various 2084 governmental entities of this state as protected by the First 2085 Amendment to the United States Constitution and s. 5, Art. I of 2086 the State Constitution. The Legislature recognizes that 2087 strategic lawsuits against public participation, or “SLAPP 2088 suits,” as they are typically referred to, have occurred when 2089 association members are sued by condominium associations, 2090 individuals, business entities, or governmental entities arising 2091 out of a condominium unit owner’s appearance and presentation 2092 before the board of the condominium association or a 2093 governmental entity on matters related to the condominium 2094 association. However, it is the public policy of this state that 2095 condominium associations, governmental entities, business 2096 organizations, and individuals not engage in SLAPP suits, 2097 because such actions are inconsistent with the right of 2098 condominium unit owners to participate in their condominium 2099 association and in the state’s institutions of government. 2100 Therefore, the Legislature finds and declares that prohibiting 2101 such lawsuits by condominium associations, governmental 2102 entities, business entities, and individuals against condominium 2103 unit owners who address matters concerning their condominium 2104 association will preserve this fundamental state policy, 2105 preserve the constitutional rights of condominium unit owners, 2106andensure the continuation of representative government in this 2107 state, and ensure unit owner participation in condominium 2108 associations. It is the intent of the Legislature that such 2109 lawsuits be expeditiously disposed of by the courts. As used in 2110 this subsection, the term “governmental entity” means the state, 2111 including the executive, legislative, and judicial branches of 2112 government; law enforcement agencies; the independent 2113 establishments of the state, counties, municipalities, 2114 districts, authorities, boards, or commissions; or any agencies 2115 of these branches that are subject to chapter 286. 2116 (2) A condominium association, a governmental entity, a 2117 business organization, or an individual in this state may not 2118 file or cause to be filed through its employees or agents any 2119 lawsuit, cause of action, claim, cross-claim, or counterclaim 2120 against a condominium unit owner without merit and solely 2121 because such condominium unit owner has exercised the right to 2122 instruct his or her representatives or the right to petition for 2123 redress of grievances before the condominium association or the 2124 various governmental entities of this state, as protected by the 2125 First Amendment to the United States Constitution and s. 5, Art. 2126 I of the State Constitution. 2127 (3) A condominium association may not fine, 2128 discriminatorily increase a unit owner’s assessments or 2129 discriminatorily decrease services to a unit owner, or bring or 2130 threaten to bring an action for possession or other civil 2131 action, including a defamation, libel, slander, or tortious 2132 interference action, based on conduct described in paragraphs 2133 (a)-(f). In order for the unit owner to raise the defense of 2134 retaliatory conduct, the unit owner must have acted in good 2135 faith and not for any improper purposes, such as to harass or to 2136 cause unnecessary delay or for frivolous purpose or needless 2137 increase in the cost of litigation. Examples of conduct for 2138 which a condominium association, officer, director, or agent of 2139 an association may not retaliate include, but are not limited 2140 to, situations where: 2141 (a) The unit owner has in good faith complained to a 2142 governmental agency charged with responsibility for enforcement 2143 of a building, housing, or health code of a suspected violation 2144 applicable to the condominium; 2145 (b) The unit owner has organized, encouraged, or 2146 participated in a unit owners’ organization; 2147 (c) The unit owner submitted information or filed a 2148 complaint alleging criminal violations or violations of this 2149 chapter or the rules of the division with the division, the 2150 Office of the Condominium Ombudsman, a law enforcement agency, a 2151 state attorney, the Attorney General, or any other governmental 2152 agency; 2153 (d) The unit owner has exercised his or her rights under 2154 this chapter; 2155 (e) The unit owner has complained to the association or any 2156 of its representatives for their failure to comply with this 2157 chapter or chapter 617; or 2158 (f) The unit owner has made public statements critical of 2159 the operation or management of the association. 2160 (4) Evidence of retaliatory conduct may be raised by the 2161 unit owner as a defense in any action brought against him or her 2162 for possession. 2163 (5) A condominium unit owner sued by a condominium 2164 association, governmental entity, business organization, or 2165 individual in violation of this section has a right to an 2166 expeditious resolution of a claim that the suit is in violation 2167 of this section. A condominium unit owner may petition the court 2168 for an order dismissing the action or granting final judgment in 2169 favor of that condominium unit owner. The petitioner may file a 2170 motion for summary judgment, together with supplemental 2171 affidavits, seeking a determination that the condominium 2172 association’s, governmental entity’s, business organization’s, 2173 or individual’s lawsuit has been brought in violation of this 2174 section. The condominium association, governmental entity, 2175 business organization, or individual shall thereafter file its 2176 response and any supplemental affidavits. As soon as 2177 practicable, the court shall set a hearing on the petitioner’s 2178 motion, which shall be held at the earliest possible time after 2179 the filing of the condominium association’s, governmental 2180 entity’s, business organization’s, or individual’s response. The 2181 court may award the condominium unit owner sued by the 2182 condominium association, governmental entity, business 2183 organization, or individual actual damages arising from the 2184 condominium association’s, governmental entity’s, individual’s, 2185 or business organization’s violation of this section. A court 2186 may treble the damages awarded to a prevailing condominium unit 2187 owner and shall state the basis for the treble damages award in 2188 its judgment. The court shall award the prevailing party 2189 reasonable attorney’s fees and costs incurred in connection with 2190 a claim that an action was filed in violation of this section. 2191 (6)(4)Condominium associations may not expend association 2192 funds in prosecuting a SLAPP suit against a condominium unit 2193 owner. 2194 (7) Condominium associations may not expend association 2195 funds in support of a defamation, libel, slander, or tortious 2196 interference action against a unit owner or any other claim 2197 against a unit owner based on conduct described in paragraphs 2198 (3)(a)-(f). 2199 Section 15. Section 718.128, Florida Statutes, is amended 2200 to read: 2201 718.128 Electronic voting.—The association may conduct 2202 elections and other unit owner votes through an Internet-based 2203 online voting system if a unit owner consents, electronically or 2204 in writing, to online voting and if the following requirements 2205 are met: 2206 (1) The association provides each unit owner with: 2207 (a) A method to authenticate the unit owner’s identity to 2208 the online voting system. 2209 (b) For elections of the board, a method to transmit an 2210 electronic ballot to the online voting system that ensures the 2211 secrecy and integrity of each ballot. 2212 (c) A method to confirm, at least 14 days before the voting 2213 deadline, that the unit owner’s electronic device can 2214 successfully communicate with the online voting system. 2215 (2) The association uses an online voting system that is: 2216 (a) Able to authenticate the unit owner’s identity. 2217 (b) Able to authenticate the validity of each electronic 2218 vote to ensure that the vote is not altered in transit. 2219 (c) Able to transmit a receipt from the online voting 2220 system to each unit owner who casts an electronic vote. 2221 (d) For elections of the board of administration, able to 2222 permanently separate any authentication or identifying 2223 information from the electronic election ballot, rendering it 2224 impossible to tie an election ballot to a specific unit owner. 2225 (e) Able to store and keep electronic votes accessible to 2226 election officials for recount, inspection, and review purposes. 2227 (3) A unit owner voting electronically pursuant to this 2228 section shall be counted as being in attendance at the meeting 2229 for purposes of determining a quorum. A substantive vote of the 2230 unit owners may not be taken on any issue other than the issues 2231 specifically identified in the electronic vote, when a quorum is 2232 established based on unit owners voting electronically pursuant 2233 to this section. 2234 (4) This section applies to an association that provides 2235 for and authorizes an online voting system pursuant to this 2236 section by a board resolution. The board resolution must provide 2237 that unit owners receive notice of the opportunity to vote 2238 through an online voting system, must establish reasonable 2239 procedures and deadlines for unit owners to consent, 2240 electronically or in writing, to online voting, and must 2241 establish reasonable procedures and deadlines for unit owners to 2242 opt out of online voting after giving consent. Written notice of 2243 a meeting at which the resolution will be considered must be 2244 mailed, delivered, or electronically transmitted to the unit 2245 owners and posted conspicuously on the condominium property or 2246 association property at least 14 days before the meeting. 2247 Evidence of compliance with the 14-day notice requirement must 2248 be made by an affidavit executed by the person providing the 2249 notice and filed with the official records of the association. 2250 (5) A unit owner’s consent to online voting is valid until 2251 the unit owner opts out of online voting according to the 2252 procedures established by the board of administration pursuant 2253 to subsection (4). 2254 (6) This section may apply to any matter that requires a 2255 vote of the unit owners who are not members of a timeshare 2256 condominium association. 2257 Section 16. Paragraph (p) of subsection (4) of section 2258 718.301, Florida Statutes, is amended to read: 2259 718.301 Transfer of association control; claims of defect 2260 by association.— 2261 (4) At the time that unit owners other than the developer 2262 elect a majority of the members of the board of administration 2263 of an association, the developer shall relinquish control of the 2264 association, and the unit owners shall accept control. 2265 Simultaneously, or for the purposes of paragraph (c) not more 2266 than 90 days thereafter, the developer shall deliver to the 2267 association, at the developer’s expense, all property of the 2268 unit owners and of the association which is held or controlled 2269 by the developer, including, but not limited to, the following 2270 items, if applicable, as to each condominium operated by the 2271 association: 2272 (p) Notwithstanding when the certificate of occupancy was 2273 issued or the height of the building, a turnover inspection 2274 report included in the official records, under seal of an 2275 architect or engineer authorized to practice in this state or a 2276 person certified as a reserve specialist or professional reserve 2277 analyst by the Community Associations Institute or the 2278 Association of Professional Reserve Analysts, and consisting of 2279 a structural integrity reserve study attesting to required 2280 maintenance, condition, useful life, and replacement costs of 2281 the following applicable condominium property: 2282 1. Roof. 2283 2. Structure, including load-bearing walls and primary 2284 structural members and primary structural systems as those terms 2285 are defined in s. 627.706. 2286 3. Fireproofing and fire protection systems. 2287 4. Plumbing. 2288 5. Electrical systems. 2289 6. Waterproofing and exterior painting. 2290 7. Windows and exterior doors. 2291 Section 17. Subsections (4) and (5) of section 718.3027, 2292 Florida Statutes, are amended to read: 2293 718.3027 Conflicts of interest.— 2294 (4) A director or an officer, or a relative of a director 2295 or an officer, who is a party to, or has an interest in, an 2296 activity that is a possible conflict of interest, as described 2297 in subsection (1), may attend the meeting at which the activity 2298 is considered by the board and is authorized to make a 2299 presentation to the board regarding the activity. After the 2300 presentation, the director or officer, and anyor therelative 2301 of the director or officer, must leave the meeting during the 2302 discussion of, and the vote on, the activity. A director or an 2303 officer who is a party to, or has an interest in, the activity 2304 must recuse himself or herself from the vote. The attendance of 2305 a director with a possible conflict of interest at the meeting 2306 of the board is sufficient to constitute a quorum for the 2307 meeting and the vote in his or her absence on the proposed 2308 activity. 2309 (5) A contract entered into between a director or an 2310 officer, or a relative of a director or an officer, and the 2311 association, which is not a timeshare condominium association, 2312 that has not been properly disclosed as a conflict of interest 2313 or potential conflict of interest as required by this section or 2314 s. 617.0832s. 718.111(12)(g)is voidable and terminates upon 2315 the filing of a written notice terminating the contract with the 2316 board of directors which contains the consent of at least 20 2317 percent of the voting interests of the association. 2318 Section 18. Subsection (5) of section 718.303, Florida 2319 Statutes, is amended to read: 2320 718.303 Obligations of owners and occupants; remedies.— 2321 (5) An association may suspend the voting rights of a unit 2322 owner or member due to nonpayment of any fee, fine, or other 2323 monetary obligation due to the association which is more than 2324 $1,000 and more than 90 days delinquent. Proof of such 2325 obligation must be provided to the unit owner or member 30 days 2326 before such suspension takes effect. Notice of such obligation 2327 must also be provided to the unit owner at least 90 days before 2328 an election. A voting interest or consent right allocated to a 2329 unit owner or member which has been suspended by the association 2330 shall be subtracted from the total number of voting interests in 2331 the association, which shall be reduced by the number of 2332 suspended voting interests when calculating the total percentage 2333 or number of all voting interests available to take or approve 2334 any action, and the suspended voting interests shall not be 2335 considered for any purpose, including, but not limited to, the 2336 percentage or number of voting interests necessary to constitute 2337 a quorum, the percentage or number of voting interests required 2338 to conduct an election, or the percentage or number of voting 2339 interests required to approve an action under this chapter or 2340 pursuant to the declaration, articles of incorporation, or 2341 bylaws. The suspension ends upon full payment of all obligations 2342 currently due or overdue the association. The notice and hearing 2343 requirements under subsection (3) do not apply to a suspension 2344 imposed under this subsection. 2345 Section 19. Subsections (1) and (2) of section 718.501, 2346 Florida Statutes, are amended to read: 2347 718.501 Authority, responsibility, and duties of Division 2348 of Florida Condominiums, Timeshares, and Mobile Homes.— 2349 (1) The division may enforce and ensure compliance with 2350 this chapter and rules relating to the development, 2351 construction, sale, lease, ownership, operation, and management 2352 of residential condominium units and complaints related to the 2353 procedural completion of milestone inspections under s. 553.899. 2354 In performing its duties, the division has complete jurisdiction 2355 to investigate complaints and enforce compliance with respect to 2356 associations that are still under developer control or the 2357 control of a bulk assignee or bulk buyer pursuant to part VII of 2358 this chapter and complaints against developers, bulk assignees, 2359 or bulk buyers involving improper turnover or failure to 2360 turnover, pursuant to s. 718.301. However, after turnover has 2361 occurred, the division has jurisdiction to investigate 2362 complaints related only to financial issues, elections, and the 2363 maintenance of and unit owner access to association records 2364 under s. 718.111(12), allegations of criminal violations under 2365 this chapter, the removal of a director or an officer under s. 2366 718.112(2)(q), and the procedural completion of structural 2367 integrity reserve studies under s. 718.112(2)(g). 2368 (a)1. The division may make necessary public or private 2369 investigations within or outside this state to determine whether 2370 any person has violated this chapter or any rule or order 2371 hereunder, to aid in the enforcement of this chapter, or to aid 2372 in the adoption of rules or forms. 2373 2. The division may submit any official written report, 2374 worksheet, or other related paper, or a duly certified copy 2375 thereof, compiled, prepared, drafted, or otherwise made by and 2376 duly authenticated by a financial examiner or analyst to be 2377 admitted as competent evidence in any hearing in which the 2378 financial examiner or analyst is available for cross-examination 2379 and attests under oath that such documents were prepared as a 2380 result of an examination or inspection conducted pursuant to 2381 this chapter. 2382 (b) The division may require or permit any person to file a 2383 statement in writing, under oath or otherwise, as the division 2384 determines, as to the facts and circumstances concerning a 2385 matter to be investigated. 2386 (c) For the purpose of any investigation under this 2387 chapter, the division director or any officer or employee 2388 designated by the division director may administer oaths or 2389 affirmations, subpoena witnesses and compel their attendance, 2390 take evidence, and require the production of any matter which is 2391 relevant to the investigation, including the existence, 2392 description, nature, custody, condition, and location of any 2393 books, documents, or other tangible things and the identity and 2394 location of persons having knowledge of relevant facts or any 2395 other matter reasonably calculated to lead to the discovery of 2396 material evidence. Upon the failure by a person to obey a 2397 subpoena or to answer questions propounded by the investigating 2398 officer and upon reasonable notice to all affected persons, the 2399 division may apply to the circuit court for an order compelling 2400 compliance. 2401 (d) Notwithstanding any remedies available to unit owners 2402 and associations, if the division has reasonable cause to 2403 believe that a violation of any provision of this chapter or 2404 related rule has occurred, the division may institute 2405 enforcement proceedings in its own name against any developer, 2406 bulk assignee, bulk buyer, association, officer, or member of 2407 the board of administration, or its assignees or agents, as 2408 follows: 2409 1. The division may permit a person whose conduct or 2410 actions may be under investigation to waive formal proceedings 2411 and enter into a consent proceeding whereby orders, rules, or 2412 letters of censure or warning, whether formal or informal, may 2413 be entered against the person. 2414 2. The division may issue an order requiring the developer, 2415 bulk assignee, bulk buyer, association, developer-designated 2416 officer, or developer-designated member of the board of 2417 administration, developer-designated assignees or agents, bulk 2418 assignee-designated assignees or agents, bulk buyer-designated 2419 assignees or agents, community association manager, or community 2420 association management firm to cease and desist from the 2421 unlawful practice and take such affirmative action as in the 2422 judgment of the division carry out the purposes of this chapter. 2423 If the division finds that a developer, bulk assignee, bulk 2424 buyer, association, officer, or member of the board of 2425 administration, or its assignees or agents, is violating or is 2426 about to violate any provision of this chapter, any rule adopted 2427 or order issued by the division, or any written agreement 2428 entered into with the division, and presents an immediate danger 2429 to the public requiring an immediate final order, it may issue 2430 an emergency cease and desist order reciting with particularity 2431 the facts underlying such findings. The emergency cease and 2432 desist order is effective for 90 days. If the division begins 2433 nonemergency cease and desist proceedings, the emergency cease 2434 and desist order remains effective until the conclusion of the 2435 proceedings under ss. 120.569 and 120.57. 2436 3. If a developer, bulk assignee, or bulk buyer fails to 2437 pay any restitution determined by the division to be owed, plus 2438 any accrued interest at the highest rate permitted by law, 2439 within 30 days after expiration of any appellate time period of 2440 a final order requiring payment of restitution or the conclusion 2441 of any appeal thereof, whichever is later, the division must 2442 bring an action in circuit or county court on behalf of any 2443 association, class of unit owners, lessees, or purchasers for 2444 restitution, declaratory relief, injunctive relief, or any other 2445 available remedy. The division may also temporarily revoke its 2446 acceptance of the filing for the developer to which the 2447 restitution relates until payment of restitution is made. 2448 4. The division may petition the court for appointment of a 2449 receiver or conservator. If appointed, the receiver or 2450 conservator may take action to implement the court order to 2451 ensure the performance of the order and to remedy any breach 2452 thereof. In addition to all other means provided by law for the 2453 enforcement of an injunction or temporary restraining order, the 2454 circuit court may impound or sequester the property of a party 2455 defendant, including books, papers, documents, and related 2456 records, and allow the examination and use of the property by 2457 the division and a court-appointed receiver or conservator. 2458 5. The division may apply to the circuit court for an order 2459 of restitution whereby the defendant in an action brought under 2460 subparagraph 4. is ordered to make restitution of those sums 2461 shown by the division to have been obtained by the defendant in 2462 violation of this chapter. At the option of the court, such 2463 restitution is payable to the conservator or receiver appointed 2464 under subparagraph 4. or directly to the persons whose funds or 2465 assets were obtained in violation of this chapter. 2466 6. The division may impose a civil penalty against a 2467 developer, bulk assignee, or bulk buyer, or association, or its 2468 assignee or agent, for any violation of this chapter, or related 2469 rule, or chapter 617. The division may impose a civil penalty 2470 individually against an officer or board member who willfully 2471 and knowingly violates this chapter, an adopted rule, or a final 2472 order of the division; may order the removal of such individual 2473 as an officer or from the board of administration or as an 2474 officer of the association; and may prohibit such individual 2475 from serving as an officer or on the board of a community 2476 association for a period of time. The term “willfully and 2477 knowingly” means that the division informed the officer or board 2478 member that his or her action or intended action violates this 2479 chapter, a rule adopted under this chapter, or a final order of 2480 the division and that the officer or board member refused to 2481 comply with the requirements of this chapter, a rule adopted 2482 under this chapter, or a final order of the division. The 2483 division, before initiating formal agency action under chapter 2484 120, must afford the officer or board member an opportunity to 2485 voluntarily comply, and an officer or board member who complies 2486 within 10 days is not subject to a civil penalty. A penalty may 2487 be imposed on the basis of each day of continuing violation, but 2488 the penalty for any offense may not exceed $5,000. The division 2489 shall adopt, by rule, penalty guidelines applicable to possible 2490 violations or to categories of violations of this chapter or 2491 rules adopted by the division. The guidelines must specify a 2492 meaningful range of civil penalties for each such violation of 2493 the statute and rules and must be based upon the harm caused by 2494 the violation, upon the repetition of the violation, and upon 2495 such other factors deemed relevant by the division. For example, 2496 the division may consider whether the violations were committed 2497 by a developer, bulk assignee, or bulk buyer, or owner 2498 controlled association, the size of the association, and other 2499 factors. The guidelines must designate the possible mitigating 2500 or aggravating circumstances that justify a departure from the 2501 range of penalties provided by the rules. It is the legislative 2502 intent that minor violations be distinguished from those which 2503 endanger the health, safety, or welfare of the condominium 2504 residents or other persons and that such guidelines provide 2505 reasonable and meaningful notice to the public of likely 2506 penalties that may be imposed for proscribed conduct. This 2507 subsection does not limit the ability of the division to 2508 informally dispose of administrative actions or complaints by 2509 stipulation, agreed settlement, or consent order. All amounts 2510 collected shall be deposited with the Chief Financial Officer to 2511 the credit of the Division of Florida Condominiums, Timeshares, 2512 and Mobile Homes Trust Fund. If a developer, bulk assignee, or 2513 bulk buyer fails to pay the civil penalty and the amount deemed 2514 to be owed to the association, the division shall issue an order 2515 directing that such developer, bulk assignee, or bulk buyer 2516 cease and desist from further operation until such time as the 2517 civil penalty is paid or may pursue enforcement of the penalty 2518 in a court of competent jurisdiction. If an association fails to 2519 pay the civil penalty, the division shall pursue enforcement in 2520 a court of competent jurisdiction, and the order imposing the 2521 civil penalty or the cease and desist order is not effective 2522 until 20 days after the date of such order. Any action commenced 2523 by the division shall be brought in the county in which the 2524 division has its executive offices or in the county where the 2525 violation occurred. 2526 7. If a unit owner presents the division with proof that 2527 the unit owner has requested access to official records in 2528 writing by certified mail, and that after 10 days the unit owner 2529 again made the same request for access to official records in 2530 writing by certified mail, and that more than 10 days has 2531 elapsed since the second request and the association has still 2532 failed or refused to provide access to official records as 2533 required by this chapter, the division shall issue a subpoena 2534 requiring production of the requested records where the records 2535 are kept pursuant to s. 718.112. Upon receipt of the records, 2536 the division shall provide without charge the produced official 2537 records to the unit owner who was denied access to such records. 2538 8. In addition to subparagraph 6., the division may seek 2539 the imposition of a civil penalty through the circuit court for 2540 any violation for which the division may issue a notice to show 2541 cause under paragraph (s)(r). The civil penalty shall be at 2542 least $500 but no more than $5,000 for each violation. The court 2543 may also award to the prevailing party court costs and 2544 reasonable attorney fees and, if the division prevails, may also 2545 award reasonable costs of investigation. 2546 (e) The division may prepare and disseminate a prospectus 2547 and other information to assist prospective owners, purchasers, 2548 lessees, and developers of residential condominiums in assessing 2549 the rights, privileges, and duties pertaining thereto. 2550 (f) The division may adopt rules to administer and enforce 2551 this chapter. 2552 (g) The division shall establish procedures for providing 2553 notice to an association and the developer, bulk assignee, or 2554 bulk buyer during the period in which the developer, bulk 2555 assignee, or bulk buyer controls the association if the division 2556 is considering the issuance of a declaratory statement with 2557 respect to the declaration of condominium or any related 2558 document governing such condominium community. 2559 (h) The division shall furnish each association that pays 2560 the fees required by paragraph (2)(a) a copy of this chapter, as 2561 amended, and the rules adopted thereto on an annual basis. 2562 (i) The division shall annually provide each association 2563 with a summary of declaratory statements and formal legal 2564 opinions relating to the operations of condominiums which were 2565 rendered by the division during the previous year. 2566 (j) The division shall provide training and educational 2567 programs for condominium association board members and unit 2568 owners. The training may, in the division’s discretion, include 2569 web-based electronic media and live training and seminars in 2570 various locations throughout the state. The division may review 2571 and approve education and training programs for board members 2572 and unit owners offered by providers and shall maintain a 2573 current list of approved programs and providers and make such 2574 list available to board members and unit owners in a reasonable 2575 and cost-effective manner. The division shall adopt by rule the 2576 educational curriculum required under s. 718.112(2)(d) for its 2577 approval of condominium education providers. 2578 (k) The division shall maintain a toll-free telephone 2579 number accessible to condominium unit owners. 2580 (l) The division shall develop a program to certify both 2581 volunteer and paid mediators to provide mediation of condominium 2582 disputes. The division shall provide, upon request, a list of 2583 such mediators to any association, unit owner, or other 2584 participant in alternative dispute resolution proceedings under 2585 s. 718.1255 requesting a copy of the list. The division shall 2586 include on the list of volunteer mediators only the names of 2587 persons who have received at least 20 hours of training in 2588 mediation techniques or who have mediated at least 20 disputes. 2589 In order to become initially certified by the division, paid 2590 mediators must be certified by the Supreme Court to mediate 2591 court cases in county or circuit courts. However, the division 2592 may adopt, by rule, additional factors for the certification of 2593 paid mediators, which must be related to experience, education, 2594 or background. Any person initially certified as a paid mediator 2595 by the division must, in order to continue to be certified, 2596 comply with the factors or requirements adopted by rule. 2597 (m) If a complaint is made, the division must conduct its 2598 inquiry with due regard for the interests of the affected 2599 parties. Within 30 days after receipt of a complaint, the 2600 division shall acknowledge the complaint in writing and notify 2601 the complainant whether the complaint is within the jurisdiction 2602 of the division and whether additional information is needed by 2603 the division from the complainant. The division shall conduct 2604 its investigation and, within 90 days after receipt of the 2605 original complaint or of timely requested additional 2606 information, take action upon the complaint. However, the 2607 failure to complete the investigation within 90 days does not 2608 prevent the division from continuing the investigation, 2609 accepting or considering evidence obtained or received after 90 2610 days, or taking administrative action if reasonable cause exists 2611 to believe that a violation of this chapter or a rule has 2612 occurred. If an investigation is not completed within the time 2613 limits established in this paragraph, the division shall, on a 2614 monthly basis, notify the complainant in writing of the status 2615 of the investigation. When reporting its action to the 2616 complainant, the division shall inform the complainant of any 2617 right to a hearing under ss. 120.569 and 120.57. The division 2618 may adopt rules regarding the submission of a complaint against 2619 an association. 2620 (n) Condominium association directors, officers, and 2621 employees; condominium developers; bulk assignees, bulk buyers, 2622 and community association managers; and community association 2623 management firms have an ongoing duty to reasonably cooperate 2624 with the division in any investigation under this section. The 2625 division shall refer to local law enforcement authorities any 2626 person whom the division believes has altered, destroyed, 2627 concealed, or removed any record, document, or thing required to 2628 be kept or maintained by this chapter with the purpose to impair 2629 its verity or availability in the department’s investigation. 2630 The division shall refer to local law enforcement authorities 2631 any person whom the division believes has engaged in fraud, 2632 theft, embezzlement, or other criminal activity or when the 2633 division has cause to believe that fraud, theft, embezzlement, 2634 or other criminal activity has occurred. 2635 (o) The division director or any officer or employee of the 2636 division, and the condominium ombudsman or an employee of the 2637 Office of the Condominium Ombudsman, may attend and observe any 2638 meeting of the board of administration or unit owner meeting, 2639 including any meeting of a subcommittee or special committee, 2640 that is open to members of the association for the purpose of 2641 performing the duties of the division or the Office of the 2642 Condominium Ombudsman under this chapter. 2643 (p) The division may: 2644 1. Contract with agencies in this state or other 2645 jurisdictions to perform investigative functions; or 2646 2. Accept grants-in-aid from any source. 2647 (q)(p)The division shall cooperate with similar agencies 2648 in other jurisdictions to establish uniform filing procedures 2649 and forms, public offering statements, advertising standards, 2650 and rules and common administrative practices. 2651 (r)(q)The division shall consider notice to a developer, 2652 bulk assignee, or bulk buyer to be complete when it is delivered 2653 to the address of the developer, bulk assignee, or bulk buyer 2654 currently on file with the division. 2655 (s)(r)In addition to its enforcement authority, the 2656 division may issue a notice to show cause, which must provide 2657 for a hearing, upon written request, in accordance with chapter 2658 120. 2659 (t)(s)The division shall submit to the Governor, the 2660 President of the Senate, the Speaker of the House of 2661 Representatives, and the chairs of the legislative 2662 appropriations committees an annual report that includes, but 2663 need not be limited to, the number of training programs provided 2664 for condominium association board members and unit owners, the 2665 number of complaints received by type, the number and percent of 2666 complaints acknowledged in writing within 30 days and the number 2667 and percent of investigations acted upon within 90 days in 2668 accordance with paragraph (m), and the number of investigations 2669 exceeding the 90-day requirement. The annual report must also 2670 include an evaluation of the division’s core business processes 2671 and make recommendations for improvements, including statutory 2672 changes. The report shall be submitted by September 30 following 2673 the end of the fiscal year. 2674 (2)(a) Each condominium association which operates more 2675 than two units shall pay to the division an annual fee in the 2676 amount of $4 for each residential unit in condominiums operated 2677 by the association. The annual fee must be filed together with 2678 the annual certification described in paragraph (c). If the fee 2679 is not paid by March 1, the association shall be assessed a 2680 penalty of 10 percent of the amount due, and the association 2681 will not have standing to maintain or defend any action in the 2682 courts of this state until the amount due, plus any penalty, is 2683 paid. 2684 (b) All fees shall be deposited in the Division of Florida 2685 Condominiums, Timeshares, and Mobile Homes Trust Fund as 2686 provided by law. 2687 (c) On the certification form provided by rule of the 2688 division, the directors of the association shall certify that 2689 all directors of the association have or have not completed the 2690 written certification and educational certificate requirements 2691 in s. 718.112(2)(d)4.b. If the association certifies that a 2692 director has not completed the written certification and 2693 educational certificate requirements, the association must 2694 explain on the certification form the reasons the written 2695 certification and educational certificate requirements have not 2696 been met and provide the date by which the requirements will be 2697 met, which may not be more than 60 days after the date the 2698 certification form required under this paragraph is submitted to 2699 the division. Upon completion of the requirements in s. 2700 718.112(2)(d)4.b., the association must notify the division, on 2701 a form adopted by rule of the division, that the requirements 2702 have been met. 2703 Section 20. Subsection (2) of section 718.5011, Florida 2704 Statutes, is amended to read: 2705 718.5011 Ombudsman; appointment; administration.— 2706 (2) The secretary of the Department of Business and 2707 Professional RegulationGovernorshall appoint the ombudsman.2708The ombudsman must be an attorney admitted to practice before2709the Florida Supreme Courtwhoandshall serve at the pleasure of 2710 the secretaryGovernor. A vacancy in the office shall be filled 2711 in the same manner as the original appointment. An officer or 2712 full-time employee of the ombudsman’s office may not actively 2713 engage in any other business or profession that directly or 2714 indirectly relates to or conflicts with his or her work in the 2715 ombudsman’s office; serve as the representative of any political 2716 party, executive committee, or other governing body of a 2717 political party; serve as an executive, officer, or employee of 2718 a political party; receive remuneration for activities on behalf 2719 of any candidate for public office; or engage in soliciting 2720 votes or other activities on behalf of a candidate for public 2721 office. The ombudsman or any employee of his or her office may 2722 not become a candidate for election to public office unless he 2723 or she first resigns from his or her office or employment. 2724 Section 21. Subsection (1) of section 718.618, Florida 2725 Statutes, is amended to read: 2726 718.618 Converter reserve accounts; warranties.— 2727 (1) When existing improvements are converted to ownership 2728 as a residential condominium, the developer shall establish 2729 converter reserve accounts for capital expenditures and planned 2730deferredmaintenance, or give warranties as provided by 2731 subsection (6), or post a surety bond as provided by subsection 2732 (7). The developer shall fund the converter reserve accounts in 2733 amounts calculated as follows: 2734 (a)1. When the existing improvements include an air 2735 conditioning system serving more than one unit or property which 2736 the association is responsible to repair, maintain, or replace, 2737 the developer shall fund an air-conditioning reserve account. 2738 The amount of the reserve account shall be the product of the 2739 estimated current replacement cost of the system, as disclosed 2740 and substantiated pursuant to s. 718.616(3)(b), multiplied by a 2741 fraction, the numerator of which shall be the lesser of the age 2742 of the system in years or 9, and the denominator of which shall 2743 be 10. When such air-conditioning system is within 1,000 yards 2744 of the seacoast, the numerator shall be the lesser of the age of 2745 the system in years or 3, and the denominator shall be 4. 2746 2. The developer shall fund a plumbing reserve account. The 2747 amount of the funding shall be the product of the estimated 2748 current replacement cost of the plumbing component, as disclosed 2749 and substantiated pursuant to s. 718.616(3)(b), multiplied by a 2750 fraction, the numerator of which shall be the lesser of the age 2751 of the plumbing in years or 36, and the denominator of which 2752 shall be 40. 2753 3. The developer shall fund a roof reserve account. The 2754 amount of the funding shall be the product of the estimated 2755 current replacement cost of the roofing component, as disclosed 2756 and substantiated pursuant to s. 718.616(3)(b), multiplied by a 2757 fraction, the numerator of which shall be the lesser of the age 2758 of the roof in years or the numerator listed in the following 2759 table. The denominator of the fraction shall be determined based 2760 on the roof type, as follows: 2761 2762 Roof Type Numerator Denominator 2763 a. Built-up roof without insulation 4 5 2764 b. Built-up roof with insulation 4 5 2765 c. Cement tile roof 45 50 2766 d. Asphalt shingle roof 14 15 2767 e. Copper roof 2768 f. Wood shingle roof 9 10 2769 g. All other types 18 20 2770 2771 (b) The age of any component or structure for which the 2772 developer is required to fund a reserve account shall be 2773 measured in years, rounded to the nearest whole year. The amount 2774 of converter reserves to be funded by the developer for each 2775 structure or component shall be based on the age of the 2776 structure or component as disclosed in the inspection report. 2777 The architect or engineer shall determine the age of the 2778 component from the later of: 2779 1. The date when the component or structure was replaced or 2780 substantially renewed, if the replacement or renewal of the 2781 component at least met the requirements of the then-applicable 2782 building code; or 2783 2. The date when the installation or construction of the 2784 existing component or structure was completed. 2785 (c) When the age of a component or structure is to be 2786 measured from the date of replacement or renewal, the developer 2787 shall provide the division with a certificate, under the seal of 2788 an architect or engineer authorized to practice in this state, 2789 verifying: 2790 1. The date of the replacement or renewal; and 2791 2. That the replacement or renewal at least met the 2792 requirements of the then-applicable building code. 2793 (d) In addition to establishing the reserve accounts 2794 specified above, the developer shall establish those other 2795 reserve accounts required by s. 718.112(2)(f), and shall fund 2796 those accounts in accordance with the formula provided therein. 2797 The vote to waive or reduce the funding or reserves required by 2798 s. 718.112(2)(f) does not affect or negate the obligations 2799 arising under this section. 2800 Section 22. Paragraphs (j) and (k) of subsection (1) of 2801 section 719.106, Florida Statutes, are amended to read: 2802 719.106 Bylaws; cooperative ownership.— 2803 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative 2804 documents shall provide for the following, and if they do not, 2805 they shall be deemed to include the following: 2806 (j) Annual budget.— 2807 1. The proposed annual budget of common expenses must be 2808 detailed and must show the amounts budgeted by accounts and 2809 expense classifications, including, if applicable, but not 2810 limited to, those expenses listed in s. 719.504(20). The board 2811 of administration shall adopt the annual budget at least 14 days 2812 before the start of the association’s fiscal year. In the event 2813 that the board fails to timely adopt the annual budget a second 2814 time, it is deemed a minor violation and the prior year’s budget 2815 shall continue in effect until a new budget is adopted. 2816 2. In addition to annual operating expenses, the budget 2817 must include reserve accounts for capital expenditures and 2818 planneddeferredmaintenance. These accounts must include, but 2819 not be limited to, roof replacement, building painting, and 2820 pavement resurfacing, regardless of the amount of planned 2821deferredmaintenance expense or replacement cost, and for any 2822 other items for which the planneddeferredmaintenance expense 2823 or replacement cost exceeds $10,000. The amount to be reserved 2824 must be computed by means of a formula which is based upon 2825 estimated remaining useful life and estimated replacement cost 2826 or planneddeferredmaintenance expense of the reserve item. In 2827 a budget adopted by an association that is required to obtain a 2828 structural integrity reserve study, reserves must be maintained 2829 for the items identified in paragraph (k) for which the 2830 association is responsible pursuant to the declaration, and the 2831 reserve amount for such items must be based on the findings and 2832 recommendations of the association’s most recent structural 2833 integrity reserve study. With respect to items for which an 2834 estimate of useful life is not readily ascertainable or with an 2835 estimated remaining useful life of greater than 25 years, an 2836 association is not required to reserve replacement costs for 2837 such items, but an association must reserve the amount of 2838 planneddeferredmaintenance expense, if any, which is 2839 recommended by the structural integrity reserve study for such 2840 items. The association may adjust replacement reserve 2841 assessments annually to take into account an inflation 2842 adjustment and any changes in estimates or extension of the 2843 useful life of a reserve item caused by planneddeferred2844 maintenance. The members of a unit-owner-controlled association 2845 may determine, by a majority vote of the total voting interests 2846 of the association, for a fiscal year to provide no reserves or 2847 reserves less adequate than required by this subsection. Before 2848 turnover of control of an association by a developer to unit 2849 owners other than a developer under s. 719.301, the developer 2850 controlled association may not vote to waive the reserves or 2851 reduce funding of the reserves. For a budget adopted on or after 2852 December 31, 2024, a unit-owner-controlled association that must 2853 obtain a structural integrity reserve study may not determine to 2854 provide no reserves or reserves less adequate than required by 2855 this paragraph for items listed in paragraph (k). If a meeting 2856 of the unit owners has been called to determine to provide no 2857 reserves, or reserves less adequate than required, and such 2858 result is not attained or a quorum is not attained, the reserves 2859 as included in the budget shall go into effect. 2860 3. Reserve funds and any interest accruing thereon shall 2861 remain in the reserve account or accounts, and shall be used 2862 only for authorized reserve expenditures unless their use for 2863 other purposes is approved in advance by a vote of the majority 2864 of the total voting interests of the association. Before 2865 turnover of control of an association by a developer to unit 2866 owners other than the developer under s. 719.301, the developer 2867 may not vote to use reserves for purposes other than that for 2868 which they were intended. For a budget adopted on or after 2869 December 31, 2024, members of a unit-owner-controlled 2870 association that must obtain a structural integrity reserve 2871 study may not vote to use reserve funds, or any interest 2872 accruing thereon, for purposes other than the replacement or 2873 planneddeferredmaintenance costs of the components listed in 2874 paragraph (k). 2875 (k) Structural integrity reserve study.— 2876 1. A residential cooperative association must have a 2877 structural integrity reserve study completed at least every 10 2878 years for each building on the cooperative property that is 2879 three stories or higher in height, as determined by the Florida 2880 Building Code, that includes, at a minimum, a study of the 2881 following items as related to the structural integrity and 2882 safety of the building: 2883 a. Roof. 2884 b. Structure, including load-bearing walls and other 2885 primary structural members and primary structural systems as 2886 those terms are defined in s. 627.706. 2887 c. Fireproofing and fire protection systems. 2888 d. Plumbing. 2889 e. Electrical systems. 2890 f. Waterproofing and exterior painting. 2891 g. Windows and exterior doors. 2892 h. Any other item that has a planneddeferredmaintenance 2893 expense or replacement cost that exceeds $10,000 and the failure 2894 to replace or maintain such item negatively affects the items 2895 listed in sub-subparagraphs a.-g., as determined by the visual 2896 inspection portion of the structural integrity reserve study. 2897 2. A structural integrity reserve study is based on a 2898 visual inspection of the cooperative property. A structural 2899 integrity reserve study may be performed by any person qualified 2900 to perform such study. However, the visual inspection portion of 2901 the structural integrity reserve study must be performed or 2902 verified by an engineer licensed under chapter 471, an architect 2903 licensed under chapter 481, or a person certified as a reserve 2904 specialist or professional reserve analyst by the Community 2905 Associations Institute or the Association of Professional 2906 Reserve Analysts. 2907 3. At a minimum, a structural integrity reserve study must 2908 identify each item of the cooperative property being visually 2909 inspected, state the estimated remaining useful life and the 2910 estimated replacement cost or planneddeferredmaintenance 2911 expense of each item of the cooperative property being visually 2912 inspected, and provide a reserve funding schedule with a 2913 recommended annual reserve amount that achieves the estimated 2914 replacement cost or planneddeferredmaintenance expense of each 2915 item of cooperative property being visually inspected by the end 2916 of the estimated remaining useful life of the item. The 2917 structural integrity reserve study may recommend that reserves 2918 do not need to be maintained for any item for which an estimate 2919 of useful life and an estimate of replacement cost cannot be 2920 determined, or the study may recommend a planneddeferred2921 maintenance expense amount for such item. The structural 2922 integrity reserve study may recommend that reserves for 2923 replacement costs do not need to be maintained for any item with 2924 an estimated remaining useful life of greater than 25 years, but 2925 the study may recommend a planneddeferredmaintenance expense 2926 amount for such item. 2927 4. This paragraph does not apply to buildings less than 2928 three stories in height; single-family, two-family,orthree 2929 family, or four-family dwellings with three or fewer habitable 2930 stories above ground; any portion or component of a building 2931 that has not been submitted to the cooperative form of 2932 ownership; or any portion or component of a building that is 2933 maintained by a party other than the association. 2934 5. Before a developer turns over control of an association 2935 to unit owners other than the developer, the developer must have 2936 a turnover inspection report in compliance with s. 719.301(4)(p) 2937 and (q) for each building on the cooperative property that is 2938 three stories or higher in height. 2939 6. Associations existing on or before July 1, 2022, which 2940 are controlled by unit owners other than the developer, must 2941 have a structural integrity reserve study completed by December 2942 31, 2024, for each building on the cooperative property that is 2943 three stories or higher in height. An association that is 2944 required to complete a milestone inspection on or before 2945 December 31, 2026, in accordance with s. 553.899 may complete 2946 the structural integrity reserve study simultaneously with the 2947 milestone inspection. In no event may the structural integrity 2948 reserve study be completed after December 31, 2026. 2949 7. If the milestone inspection required by s. 553.899, or 2950 an inspection completed for a similar local requirement, was 2951 performed within the past 5 years and meets the requirements of 2952 this paragraph, such inspection may be used in place of the 2953 visual inspection portion of the structural integrity reserve 2954 study. 2955 8. If the officers or directors of an association willfully 2956 and knowingly fail to complete a structural integrity reserve 2957 study pursuant to this paragraph, such failure is a breach of an 2958 officer’s and director’s fiduciary relationship to the unit 2959 owners under s. 719.104(9). 2960 9. Within 45 days after receiving the structural integrity 2961 reserve study, the association shall distribute a copy of the 2962 study to each unit owner or deliver to each unit owner a notice 2963 that the completed study is available for inspection and copying 2964 upon a written request. Distribution of a copy of the study or 2965 notice must be made by United States mail or personal delivery 2966 at the mailing address, property address, or any other address 2967 of the owner provided to fulfill the association’s notice 2968 requirements under this chapter, or by electronic transmission 2969 to the e-mail address or facsimile number provided to fulfill 2970 the association’s notice requirements to unit owners who 2971 previously consented to receive notice by electronic 2972 transmission. 2973 Section 23. Section 719.129, Florida Statutes, is amended 2974 to read: 2975 719.129 Electronic voting.—The association may conduct 2976 elections and other unit owner votes through an Internet-based 2977 online voting system if a unit owner consents, electronically or 2978 in writing, to online voting and if the following requirements 2979 are met: 2980 (1) The association provides each unit owner with: 2981 (a) A method to authenticate the unit owner’s identity to 2982 the online voting system. 2983 (b) For elections of the board, a method to transmit an 2984 electronic ballot to the online voting system that ensures the 2985 secrecy and integrity of each ballot. 2986 (c) A method to confirm, at least 14 days before the voting 2987 deadline, that the unit owner’s electronic device can 2988 successfully communicate with the online voting system. 2989 (2) The association uses an online voting system that is: 2990 (a) Able to authenticate the unit owner’s identity. 2991 (b) Able to authenticate the validity of each electronic 2992 vote to ensure that the vote is not altered in transit. 2993 (c) Able to transmit a receipt from the online voting 2994 system to each unit owner who casts an electronic vote. 2995 (d) For elections of the board of administration, able to 2996 permanently separate any authentication or identifying 2997 information from the electronic election ballot, rendering it 2998 impossible to tie an election ballot to a specific unit owner. 2999 (e) Able to store and keep electronic votes accessible to 3000 election officials for recount, inspection, and review purposes. 3001 (3) A unit owner voting electronically pursuant to this 3002 section shall be counted as being in attendance at the meeting 3003 for purposes of determining a quorum. A substantive vote of the 3004 unit owners may not be taken on any issue other than the issues 3005 specifically identified in the electronic vote, when a quorum is 3006 established based on unit owners voting electronically pursuant 3007 to this section. 3008 (4) This section applies to an association that provides 3009 for and authorizes an online voting system pursuant to this 3010 section by a board resolution. The board resolution must provide 3011 that unit owners receive notice of the opportunity to vote 3012 through an online voting system, must establish reasonable 3013 procedures and deadlines for unit owners to consent, 3014 electronically or in writing, to online voting, and must 3015 establish reasonable procedures and deadlines for unit owners to 3016 opt out of online voting after giving consent. Written notice of 3017 a meeting at which the resolution will be considered must be 3018 mailed, delivered, or electronically transmitted to the unit 3019 owners and posted conspicuously on the condominium property or 3020 association property at least 14 days before the meeting. 3021 Evidence of compliance with the 14-day notice requirement must 3022 be made by an affidavit executed by the person providing the 3023 notice and filed with the official records of the association. 3024 (5) A unit owner’s consent to online voting is valid until 3025 the unit owner opts out of online voting pursuant to the 3026 procedures established by the board of administration pursuant 3027 to subsection (4). 3028 (6) This section may apply to any matter that requires a 3029 vote of the unit owners who are not members of a timeshare 3030 cooperative association. 3031 Section 24. Paragraph (p) of subsection (4) of section 3032 719.301, Florida Statutes, is amended to read: 3033 719.301 Transfer of association control.— 3034 (4) When unit owners other than the developer elect a 3035 majority of the members of the board of administration of an 3036 association, the developer shall relinquish control of the 3037 association, and the unit owners shall accept control. 3038 Simultaneously, or for the purpose of paragraph (c) not more 3039 than 90 days thereafter, the developer shall deliver to the 3040 association, at the developer’s expense, all property of the 3041 unit owners and of the association held or controlled by the 3042 developer, including, but not limited to, the following items, 3043 if applicable, as to each cooperative operated by the 3044 association: 3045 (p) Notwithstanding when the certificate of occupancy was 3046 issued or the height of the building, a turnover inspection 3047 report included in the official records, under seal of an 3048 architect or engineer authorized to practice in this state or a 3049 person certified as a reserve specialist or professional reserve 3050 analyst by the Community Associations Institute or the 3051 Association of Professional Reserve Analysts, consisting of a 3052 structural integrity reserve study attesting to required 3053 maintenance, condition, useful life, and replacement costs of 3054 the following applicable cooperative property: 3055 1. Roof. 3056 2. Structure, including load-bearing walls and primary 3057 structural members and primary structural systems as those terms 3058 are defined in s. 627.706. 3059 3. Fireproofing and fire protection systems. 3060 4. Plumbing. 3061 5. Electrical systems. 3062 6. Waterproofing and exterior painting. 3063 7. Windows and exterior doors. 3064 Section 25. Subsection (1) of section 719.618, Florida 3065 Statutes, is amended to read: 3066 719.618 Converter reserve accounts; warranties.— 3067 (1) When existing improvements are converted to ownership 3068 as a residential cooperative, the developer shall establish 3069 plannedreserveaccounts for capital expenditures and deferred 3070 maintenance, or give warranties as provided by subsection (6), 3071 or post a surety bond as provided by subsection (7). The 3072 developer shall fund the reserve accounts in amounts calculated 3073 as follows: 3074 (a)1. When the existing improvements include an air 3075 conditioning system serving more than one unit or property which 3076 the association is responsible to repair, maintain, or replace, 3077 the developer shall fund an air-conditioning reserve account. 3078 The amount of the reserve account shall be the product of the 3079 estimated current replacement cost of the system, as disclosed 3080 and substantiated pursuant to s. 719.616(3)(b), multiplied by a 3081 fraction, the numerator of which shall be the lesser of the age 3082 of the system in years or 9, and the denominator of which shall 3083 be 10. When such air-conditioning system is within 1,000 yards 3084 of the seacoast, the numerator shall be the lesser of the age of 3085 the system in years or 3, and the denominator shall be 4. 3086 2. The developer shall fund a plumbing reserve account. The 3087 amount of the funding shall be the product of the estimated 3088 current replacement cost of the plumbing component, as disclosed 3089 and substantiated pursuant to s. 719.616(3)(b), multiplied by a 3090 fraction, the numerator of which shall be the lesser of the age 3091 of the plumbing in years or 36, and the denominator of which 3092 shall be 40. 3093 3. The developer shall fund a roof reserve account. The 3094 amount of the funding shall be the product of the estimated 3095 current replacement cost of the roofing component, as disclosed 3096 and substantiated pursuant to s. 719.616(3)(b), multiplied by a 3097 fraction, the numerator of which shall be the lesser of the age 3098 of the roof in years or the numerator listed in the following 3099 table. The denominator of the fraction shall be determined based 3100 on the roof type, as follows: 3101 3102 Roof Type Numerator Denominator 3103 a. Built-up roof without insulation 4 5 3104 b. Built-up roof with insulation 4 5 3105 c. Cement tile roof 45 50 3106 d. Asphalt shingle roof 14 15 3107 e. Copper roof 3108 f. Wood shingle roof 9 10 3109 g. All other types 18 20 3110 3111 (b) The age of any component or structure for which the 3112 developer is required to fund a reserve account shall be 3113 measured in years from the later of: 3114 1. The date when the component or structure was replaced or 3115 substantially renewed, if the replacement or renewal of the 3116 component at least met the requirements of the then-applicable 3117 building code; or 3118 2. The date when the installation or construction of the 3119 existing component or structure was completed. 3120 (c) When the age of a component or structure is to be 3121 measured from the date of replacement or renewal, the developer 3122 shall provide the division with a certificate, under the seal of 3123 an architect or engineer authorized to practice in this state, 3124 verifying: 3125 1. The date of the replacement or renewal; and 3126 2. That the replacement or renewal at least met the 3127 requirements of the then-applicable building code. 3128 Section 26. The Division of Florida Condominiums, 3129 Timeshares, and Mobile Homes of the Department of Business and 3130 Professional Regulation shall complete a review of the website 3131 or application requirements for official records under s. 3132 718.111(12)(g), Florida Statutes, and make recommendations 3133 regarding any additional official records of a condominium 3134 association which should be included in the records maintenance 3135 requirement in the statute. The division shall submit the 3136 findings of its review to the Governor, the President of the 3137 Senate, the Speaker of the House of Representatives, and the 3138 chairs of the legislative appropriations committees and 3139 appropriate substantive committees with jurisdiction over 3140 chapter 718, Florida Statutes, by February 1, 2025. 3141 Section 27. Except as otherwise expressly provided in this 3142 act, this act shall take effect July 1, 2024.