Bill Text: FL S1362 | 2019 | Regular Session | Comm Sub
Bill Title: Community Associations
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Community Affairs [S1362 Detail]
Download: Florida-2019-S1362-Comm_Sub.html
Florida Senate - 2019 CS for SB 1362 By the Committee on Innovation, Industry, and Technology; and Senator Gruters 580-04148A-19 20191362c1 1 A bill to be entitled 2 An act relating to community associations; amending 3 514.0115, F.S.; providing that certain property 4 association pools are exempt from Department of Health 5 regulations; amending s. 627.714, F.S.; prohibiting 6 subrogation rights against a condominium association 7 under certain circumstances; amending s. 718.111, 8 F.S.; requiring certain records to be maintained for a 9 specified time; prohibiting an association from 10 requiring certain actions related to the inspection of 11 records; revising requirements relating to certain 12 associations posting digital copies of certain 13 documents; amending s. 718.112, F.S.; specifying that 14 only board service that occurs on or after a specified 15 date may be used for calculating a board member’s term 16 limit; providing requirements for certain notices; 17 prohibiting an association from charging certain fees; 18 providing an exception; revising requirements relating 19 to the recall of board members; deleting a prohibition 20 against employing or contracting with certain service 21 providers; amending s. 718.1255, F.S.; revising the 22 definition of the term “dispute”; amending s. 718.303, 23 F.S.; revising requirements for certain actions for 24 failure to comply with specified provisions; revising 25 requirements for certain fines; amending s. 718.5014, 26 F.S.; revising the location of the principal office of 27 the Office of the Condominium Ombudsman; amending s. 28 719.103, F.S.; revising the definition of the term 29 “unit” to specify that an interest in a cooperative 30 unit is an interest in real property; amending s. 31 719.104, F.S.; prohibiting an association from 32 requiring certain actions related to the inspection of 33 records; amending s. 719.106, F.S.; revising 34 provisions relating to a quorum and voting rights for 35 members remotely participating in meetings; revising 36 requirements relating to the recall of board members 37 and challenges to such recalls; amending s. 719.1255, 38 F.S.; revising requirements for alternative resolution 39 of disputes; amending s. 719.501, F.S.; deleting 40 provisions relating to the division’s certification of 41 mediators; amending s. 720.303, F.S.; authorizing an 42 association to adopt procedures for electronic meeting 43 notices; revising the documents that constitute the 44 official records of an association; amending s. 45 720.305, F.S.; providing requirements for certain 46 fines; amending s. 720.306, F.S.; revising 47 requirements for providing certain notices; amending 48 s. 720.311, F.S.; defining the term “dispute”; 49 revising the standardized form for the offer to 50 participate in presuit mediation; providing 51 requirements for the service of a statutory demand to 52 participate in presuit mediation; providing 53 requirements for mediators and arbitrators selected by 54 the parties; authorizing the parties to select a 55 mediator or arbitrator who has not been certified by 56 the Florida Supreme Court; providing an effective 57 date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Paragraph (a) of subsection (2) of section 62 514.0115, Florida Statutes, is amended to read: 63 514.0115 Exemptions from supervision or regulation; 64 variances.— 65 (2)(a) Pools serving condominium, cooperative, and 66 homeowners’ associations, as well as other property 67 associations, which have no more than 32condominium or68cooperativeunits or parcels and which are not operated asa69 public lodging establishments areestablishment shall beexempt 70 from supervision under this chapter, except for water quality. 71 Section 2. Subsection (4) of section 627.714, Florida 72 Statutes, is amended to read: 73 627.714 Residential condominium unit owner coverage; loss 74 assessment coverage required.— 75 (4) Every individual unit owner’s residential property 76 policy must contain a provision stating that the coverage 77 afforded by such policy is excess coverage over the amount 78 recoverable under any other policy covering the same property. 79 An insurance policy issued to an individual unit owner may not 80 provide rights of subrogation against the condominium 81 association operating the condominium in which such individual’s 82 unit is located. 83 Section 3. Paragraphs (a), (b), (c), and (g) of subsection 84 (12) of section 718.111, Florida Statutes, are amended to read: 85 718.111 The association.— 86 (12) OFFICIAL RECORDS.— 87 (a) From the inception of the association, the association 88 shall maintain each of the following items, if applicable, which 89 constitutes the official records of the association: 90 1. A copy of the plans, permits, warranties, and other 91 items provided by the developer pursuant to s. 718.301(4). 92 2. A photocopy of the recorded declaration of condominium 93 of each condominium operated by the association and each 94 amendment to each declaration. 95 3. A photocopy of the recorded bylaws of the association 96 and each amendment to the bylaws. 97 4. A certified copy of the articles of incorporation of the 98 association, or other documents creating the association, and 99 each amendment thereto. 100 5. A copy of the current rules of the association. 101 6. A book or books that contain the minutes of all meetings 102 of the association, the board of administration, and the unit 103 owners. 104 7. A current roster of all unit owners and their mailing 105 addresses, unit identifications, voting certifications, and, if 106 known, telephone numbers. The association shall also maintain 107 the e-mail addresses and facsimile numbers of unit owners 108 consenting to receive notice by electronic transmission. The e 109 mail addresses and facsimile numbers are not accessible to unit 110 owners if consent to receive notice by electronic transmission 111 is not provided in accordance with sub-subparagraph (c)3.e. 112 However, the association is not liable for an inadvertent 113 disclosure of the e-mail address or facsimile number for 114 receiving electronic transmission of notices. 115 8. All current insurance policies of the association and 116 condominiums operated by the association. 117 9. A current copy of any management agreement, lease, or 118 other contract to which the association is a party or under 119 which the association or the unit owners have an obligation or 120 responsibility. 121 10. Bills of sale or transfer for all property owned by the 122 association. 123 11. Accounting records for the association and separate 124 accounting records for each condominium that the association 125 operates. Any person who knowingly or intentionally defaces or 126 destroys such records, or who knowingly or intentionally fails 127 to create or maintain such records, with the intent of causing 128 harm to the association or one or more of its members, is 129 personally subject to a civil penalty pursuant to s. 130 718.501(1)(d). The accounting records must include, but are not 131 limited to: 132 a. Accurate, itemized, and detailed records of all receipts 133 and expenditures. 134 b. A current account and a monthly, bimonthly, or quarterly 135 statement of the account for each unit designating the name of 136 the unit owner, the due date and amount of each assessment, the 137 amount paid on the account, and the balance due. 138 c. All audits, reviews, accounting statements, and 139 financial reports of the association or condominium. 140 d. All contracts for work to be performed. Bids for work to 141 be performed are also considered official records and must be 142 maintained by the association for at least 1 year after receipt 143 of the bid. 144 12. Ballots, sign-in sheets, voting proxies, and all other 145 papers and electronic records relating to voting by unit owners, 146 which must be maintained for 1 year from the date of the 147 election, vote, or meeting to which the document relates, 148 notwithstanding paragraph (b). 149 13. All rental records if the association is acting as 150 agent for the rental of condominium units. 151 14. A copy of the current question and answer sheet as 152 described in s. 718.504. 153 15.All other written records of the association not154specifically included in the foregoing which are related to the155operation of the association.15616.A copy of the inspection report as described in s. 157 718.301(4)(p). 158 16.17.Bids for materials, equipment, or services. 159 17. All other records of the association not specifically 160 included in subparagraphs 1.-16. which are related to the 161 operation of the association. 162 (b) The official records specified in subparagraphs (a)1. 163 6. must be permanently maintained from the inception of the 164 association. Bids for work to be performed or for materials, 165 equipment, or services must be maintained for 1 year after 166 receipt of the bid. All other official records must be 167 maintained within the state for at least 7 years, unless 168 otherwise provided by general law. The records of the 169 association shall be made available to a unit owner within 45 170 miles of the condominium property or within the county in which 171 the condominium property is located within 10 working days after 172 receipt of a written request by the board or its designee. 173 However, such distance requirement does not apply to an 174 association governing a timeshare condominium. This paragraph 175 may be complied with by having a copy of the official records of 176 the association available for inspection or copying on the 177 condominium property or association property, or the association 178 may offer the option of making the records available to a unit 179 owner electronically via the Internet or by allowing the records 180 to be viewed in electronic format on a computer screen and 181 printed upon request. The association is not responsible for the 182 use or misuse of the information provided to an association 183 member or his or her authorized representative inpursuant to184thecompliance withrequirements ofthis chapter unless the 185 association has an affirmative duty not to disclose such 186 information underpursuant tothis chapter. 187 (c)1. The official records of the association are open to 188 inspection by any association member or the authorized 189 representative of such member at all reasonable times. The right 190 to inspect the records includes the right to make or obtain 191 copies, at the reasonable expense, if any, of the member or 192 authorized representative of such member. A renter of a unit has 193 a right to inspect and copy the association’s bylaws and rules. 194 The association may adopt reasonable rules regarding the 195 frequency, time, location, notice, and manner of record 196 inspections and copying, but may not require a member to 197 demonstrate any purpose or state any reason for the inspection. 198 The failure of an association to provide the records within 10 199 working days after receipt of a written request creates a 200 rebuttable presumption that the association willfully failed to 201 comply with this paragraph. A unit owner who is denied access to 202 official records is entitled to the actual damages or minimum 203 damages for the association’s willful failure to comply. Minimum 204 damages are $50 per calendar day for up to 10 days, beginning on 205 the 11th working day after receipt of the written request. The 206 failure to permit inspection entitles any person prevailing in 207 an enforcement action to recover reasonable attorney fees from 208 the person in control of the records who, directly or 209 indirectly, knowingly denied access to the records. 210 2. Any person who knowingly or intentionally defaces or 211 destroys accounting records that are required by this chapter to 212 be maintained during the period for which such records are 213 required to be maintained, or who knowingly or intentionally 214 fails to create or maintain accounting records that are required 215 to be created or maintained, with the intent of causing harm to 216 the association or one or more of its members, is personally 217 subject to a civil penalty pursuant to s. 718.501(1)(d). 218 3. The association shall maintain an adequate number of 219 copies of the declaration, articles of incorporation, bylaws, 220 and rules, and all amendments to each of the foregoing, as well 221 as the question and answer sheet as described in s. 718.504 and 222 year-end financial information required under this section, on 223 the condominium property to ensure their availability to unit 224 owners and prospective purchasers, and may charge its actual 225 costs for preparing and furnishing these documents to those 226 requesting the documents. An association shall allow a member or 227 his or her authorized representative to use a portable device, 228 including a smartphone, tablet, portable scanner, or any other 229 technology capable of scanning or taking photographs, to make an 230 electronic copy of the official records in lieu of the 231 association’s providing the member or his or her authorized 232 representative with a copy of such records. The association may 233 not charge a member or his or her authorized representative for 234 the use of a portable device. Notwithstanding this paragraph, 235 the following records are not accessible to unit owners: 236 a. Any record protected by the lawyer-client privilege as 237 described in s. 90.502 and any record protected by the work 238 product privilege, including a record prepared by an association 239 attorney or prepared at the attorney’s express direction, which 240 reflects a mental impression, conclusion, litigation strategy, 241 or legal theory of the attorney or the association, and which 242 was prepared exclusively for civil or criminal litigation or for 243 adversarial administrative proceedings, or which was prepared in 244 anticipation of such litigation or proceedings until the 245 conclusion of the litigation or proceedings. 246 b. Information obtained by an association in connection 247 with the approval of the lease, sale, or other transfer of a 248 unit. 249 c. Personnel records of association or management company 250 employees, including, but not limited to, disciplinary, payroll, 251 health, and insurance records. For purposes of this sub 252 subparagraph, the term “personnel records” does not include 253 written employment agreements with an association employee or 254 management company, or budgetary or financial records that 255 indicate the compensation paid to an association employee. 256 d. Medical records of unit owners. 257 e. Social security numbers, driver license numbers, credit 258 card numbers, e-mail addresses, telephone numbers, facsimile 259 numbers, emergency contact information, addresses of a unit 260 owner other than as provided to fulfill the association’s notice 261 requirements, and other personal identifying information of any 262 person, excluding the person’s name, unit designation, mailing 263 address, property address, and any address, e-mail address, or 264 facsimile number provided to the association to fulfill the 265 association’s notice requirements. Notwithstanding the 266 restrictions in this sub-subparagraph, an association may print 267 and distribute to unitparcelowners a directory containing the 268 name, unitparceladdress, and all telephone numbers of each 269 unitparcelowner. However, an owner may exclude his or her 270 telephone numbers from the directory by so requesting in writing 271 to the association. An owner may consent in writing to the 272 disclosure of other contact information described in this sub 273 subparagraph. The association is not liable for the inadvertent 274 disclosure of information that is protected under this sub 275 subparagraph if the information is included in an official 276 record of the association and is voluntarily provided by an 277 owner and not requested by the association. 278 f. Electronic security measures that are used by the 279 association to safeguard data, including passwords. 280 g. The software and operating system used by the 281 association which allow the manipulation of data, even if the 282 owner owns a copy of the same software used by the association. 283 The data is part of the official records of the association. 284 (g)1. By January 1, 2019, an association managing a 285 condominium with 150 or more units which does not contain 286 timeshare units shall post digital copies of the documents 287 specified in subparagraph 2. on its website or make such 288 documents available through an application that can be 289 downloaded on a mobile device. 290 a. The association’s website or application must be: 291 (I) An independent website, application, or web portal 292 wholly owned and operated by the association; or 293 (II) A website, application, or web portal operated by a 294 third-party provider with whom the association owns, leases, 295 rents, or otherwise obtains the right to operate a web page, 296 subpage, web portal,orcollection of subpages or web portals, 297 or application which is dedicated to the association’s 298 activities and on which required notices, records, and documents 299 may be posted or made available by the association. 300 b. The association’s website or application must be 301 accessible through the Internet and must contain a subpage, web 302 portal, or other protected electronic location that is 303 inaccessible to the general public and accessible only to unit 304 owners and employees of the association. 305 c. Upon a unit owner’s written request, the association 306 must provide the unit owner with a username and password and 307 access to the protected sections of the association’s website or 308 application that contain any notices, records, or documents that 309 must be electronically provided. 310 2. A current copy of the following documents must be posted 311 in digital format on the association’s website or made available 312 through an application that can be downloaded on a mobile 313 device: 314 a. The recorded declaration of condominium of each 315 condominium operated by the association and each amendment to 316 each declaration. 317 b. The recorded bylaws of the association and each 318 amendment to the bylaws. 319 c. The articles of incorporation of the association, or 320 other documents creating the association, and each amendment to 321 the articles of incorporation or other documentsthereto. The 322 copy posted pursuant to this sub-subparagraph must be a copy of 323 the articles of incorporation filed with the Department of 324 State. 325 d. The rules of the association. 326 e. A list of all executory contracts or documents to which 327 the association is a party or under which the association or the 328 unit owners have an obligation or responsibility and, after 329 bidding for the related materials, equipment, or services has 330 closed, a list of bids received by the association within the 331 past year. Summaries of bids for materials, equipment, or 332 services which exceed $500 must be maintained on the website or 333 application for 1 year. In lieu of summaries, complete copies of 334 the bids may be posted. 335 f. The annual budget required by s. 718.112(2)(f) and any 336 proposed budget to be considered at the annual meeting. 337 g. The financial report required by subsection (13) and any 338 monthly income or expense statement to be considered at a 339 meeting. 340 h. The certification of each director required by s. 341 718.112(2)(d)4.b. 342 i. All contracts or transactions between the association 343 and any director, officer, corporation, firm, or association 344 that is not an affiliated condominium association or any other 345 entity in which an association director is also a director or 346 officer and financially interested. 347 j. Any contract or document regarding a conflict of 348 interest or possible conflict of interest as provided in ss. 349 468.436(2)(b)6. and 718.3027(3). 350 k. The notice of any unit owner meeting and the agenda for 351 the meeting, as required by s. 718.112(2)(d)3., no later than 14 352 days before the meeting. The notice must be posted in plain view 353 on the front page of the website or application, or on a 354 separate subpage of the website or application labeled “Notices” 355 which is conspicuously visible and linked from the front page. 356 The association must also post on its website or application any 357 document to be considered and voted on by the owners during the 358 meeting or any document listed on the agenda at least 7 days 359 before the meeting at which the document or the information 360 within the document will be considered. 361 l. Notice of any board meeting, the agenda, and any other 362 document required for the meeting as required by s. 363 718.112(2)(c), which must be posted no later than the date 364 required for notice pursuant to s. 718.112(2)(c). 365 3. The association shall ensure that the information and 366 records described in paragraph (c), which are not allowed to be 367 accessible to unit owners, are not posted on the association’s 368 website or the association’s application that can be downloaded 369 on a mobile device. If protected information or information 370 restricted from being accessible to unit owners is included in 371 documents that are required to be posted on the association’s 372 website or application, the association shall ensure the 373 information is redacted before posting the documentsonline. 374 Notwithstanding the foregoing, the association or its agent is 375 not liable for disclosing information that is protected or 376 restricted pursuant to this paragraph unless such disclosure was 377 made with a knowing or intentional disregard of the protected or 378 restricted nature of such information. 379 4. The failure of the association to post information 380 required under subparagraph 2. is not in and of itself 381 sufficient to invalidate any action or decision of the 382 association’s board or its committees. 383 Section 4. Paragraphs (d), (i), (j), and (p) of subsection 384 (2) of section 718.112, Florida Statutes, are amended to read: 385 718.112 Bylaws.— 386 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the 387 following and, if they do not do so, shall be deemed to include 388 the following: 389 (d) Unit owner meetings.— 390 1. An annual meeting of the unit owners must be held at the 391 location provided in the association bylaws and, if the bylaws 392 are silent as to the location, the meeting must be held within 393 45 miles of the condominium property. However, such distance 394 requirement does not apply to an association governing a 395 timeshare condominium. 396 2. Unless the bylaws provide otherwise, a vacancy on the 397 board caused by the expiration of a director’s term must be 398 filled by electing a new board member, and the election must be 399 by secret ballot. An election is not required if the number of 400 vacancies equals or exceeds the number of candidates. For 401 purposes of this paragraph, the term “candidate” means an 402 eligible person who has timely submitted the written notice, as 403 described in sub-subparagraph 4.a., of his or her intention to 404 become a candidate. Except in a timeshare or nonresidential 405 condominium, or if the staggered term of a board member does not 406 expire until a later annual meeting, or if all members’ terms 407 would otherwise expire but there are no candidates, the terms of 408 all board members expire at the annual meeting, and such members 409 may stand for reelection unless prohibited by the bylaws. Board 410 members may serve terms longer than 1 year if permitted by the 411 bylaws or articles of incorporation. A board member may not 412 serve more than 8 consecutive years unless approved by an 413 affirmative vote of unit owners representing two-thirds of all 414 votes cast in the election or unless there are not enough 415 eligible candidates to fill the vacancies on the board at the 416 time of the vacancy. Only board service that occurs on or after 417 July 1, 2018, may be used when calculating a board member’s term 418 limit. If the number of board members whose terms expire at the 419 annual meeting equals or exceeds the number of candidates, the 420 candidates become members of the board effective upon the 421 adjournment of the annual meeting. Unless the bylaws provide 422 otherwise, any remaining vacancies shall be filled by the 423 affirmative vote of the majority of the directors making up the 424 newly constituted board even if the directors constitute less 425 than a quorum or there is only one director. In a residential 426 condominium association of more than 10 units or in a 427 residential condominium association that does not include 428 timeshare units or timeshare interests, coowners of a unit may 429 not serve as members of the board of directors at the same time 430 unless they own more than one unit or unless there are not 431 enough eligible candidates to fill the vacancies on the board at 432 the time of the vacancy. A unit owner in a residential 433 condominium desiring to be a candidate for board membership must 434 comply with sub-subparagraph 4.a. and must be eligible to be a 435 candidate to serve on the board of directors at the time of the 436 deadline for submitting a notice of intent to run in order to 437 have his or her name listed as a proper candidate on the ballot 438 or to serve on the board. A person who has been suspended or 439 removed by the division under this chapter, or who is delinquent 440 in the payment of any monetary obligation due to the 441 association, is not eligible to be a candidate for board 442 membership and may not be listed on the ballot. A person who has 443 been convicted of any felony in this state or in a United States 444 District or Territorial Court, or who has been convicted of any 445 offense in another jurisdiction which would be considered a 446 felony if committed in this state, is not eligible for board 447 membership unless such felon’s civil rights have been restored 448 for at least 5 years as of the date such person seeks election 449 to the board. The validity of an action by the board is not 450 affected if it is later determined that a board member is 451 ineligible for board membership due to having been convicted of 452 a felony. This subparagraph does not limit the term of a member 453 of the board of a nonresidential or timeshare condominium. 454 3. The bylaws must provide the method of calling meetings 455 of unit owners, including annual meetings. Written notice must 456 include an agenda, must be mailed, hand delivered, or 457 electronically transmitted to each unit owner at least 14 days 458 before theannualmeeting, and must be posted in a conspicuous 459 place on the condominium property at least 14 continuous days 460 before theannualmeeting. Upon notice to the unit owners, the 461 board shall, by duly adopted rule, designate a specific location 462 on the condominium property where all notices of unit owner 463 meetings must be posted. This requirement does not apply if 464 there is no condominium property for posting notices. In lieu 465 of, or in addition to, the physical posting of meeting notices, 466 the association may, by reasonable rule, adopt a procedure for 467 conspicuously posting and repeatedly broadcasting the notice and 468 the agenda on a closed-circuit cable television system serving 469 the condominium association. However, if broadcast notice is 470 used in lieu of a notice posted physically on the condominium 471 property, the notice and agenda must be broadcast at least four 472 times every broadcast hour of each day that a posted notice is 473 otherwise required under this section. If broadcast notice is 474 provided, the notice and agenda must be broadcast in a manner 475 and for a sufficient continuous length of time so as to allow an 476 average reader to observe the notice and read and comprehend the 477 entire content of the notice and the agenda. In addition to any 478 of the authorized means of providing notice of a meeting of the 479 board, the association may, by rule, adopt a procedure for 480 conspicuously posting the meeting notice and the agenda on a 481 website serving the condominium association for at least the 482 minimum period of time for which a notice of a meeting is also 483 required to be physically posted on the condominium property. 484 Any rule adopted shall, in addition to other matters, include a 485 requirement that the association send an electronic notice in 486 the same manner as a notice for a meeting of the members, which 487 must include a hyperlink to the website where the notice is 488 posted, to unit owners whose e-mail addresses are included in 489 the association’s official records. Unless a unit owner waives 490 in writing the right to receive notice of the annual meeting, 491 such notice must be hand delivered, mailed, or electronically 492 transmitted to each unit owner. Notice for meetings and notice 493 for all other purposes must be mailed to each unit owner at the 494 address last furnished to the association by the unit owner, or 495 hand delivered to each unit owner. However, if a unit is owned 496 by more than one person, the association must provide notice to 497 the address that the developer identifies for that purpose and 498 thereafter as one or more of the owners of the unit advise the 499 association in writing, or if no address is given or the owners 500 of the unit do not agree, to the address provided on the deed of 501 record. An officer of the association, or the manager or other 502 person providing notice of the association meeting, must provide 503 an affidavit or United States Postal Service certificate of 504 mailing, to be included in the official records of the 505 association affirming that the notice was mailed or hand 506 delivered in accordance with this provision. 507 4. The members of the board of a residential condominium 508 shall be elected by written ballot or voting machine. Proxies 509 may not be used in electing the board in general elections or 510 elections to fill vacancies caused by recall, resignation, or 511 otherwise, unless otherwise provided in this chapter. This 512 subparagraph does not apply to an association governing a 513 timeshare condominium. 514 a. At least 60 days before a scheduled election, the 515 association shall mail, deliver, or electronically transmit, by 516 separate association mailing or included in another association 517 mailing, delivery, or transmission, including regularly 518 published newsletters, to each unit owner entitled to a vote, a 519 first notice of the date of the election. A unit owner or other 520 eligible person desiring to be a candidate for the board must 521 give written notice of his or her intent to be a candidate to 522 the association at least 40 days before a scheduled election. 523 Together with the written notice and agenda as set forth in 524 subparagraph 3., the association shall mail, deliver, or 525 electronically transmit a second notice of the election to all 526 unit owners entitled to vote, together with a ballot that lists 527 all candidates not less than 14 days or more than 34 days before 528 the date of the election. Upon request of a candidate, an 529 information sheet, no larger than 8 1/2 inches by 11 inches, 530 which must be furnished by the candidate at least 35 days before 531 the election, must be included with the mailing, delivery, or 532 transmission of the ballot, with the costs of mailing, delivery, 533 or electronic transmission and copying to be borne by the 534 association. The association is not liable for the contents of 535 the information sheets prepared by the candidates. In order to 536 reduce costs, the association may print or duplicate the 537 information sheets on both sides of the paper. The division 538 shall by rule establish voting procedures consistent with this 539 sub-subparagraph, including rules establishing procedures for 540 giving notice by electronic transmission and rules providing for 541 the secrecy of ballots. Elections shall be decided by a 542 plurality of ballots cast. There is no quorum requirement; 543 however, at least 20 percent of the eligible voters must cast a 544 ballot in order to have a valid election. A unit owner may not 545 authorize any other person to vote his or her ballot, and any 546 ballots improperly cast are invalid. A unit owner who violates 547 this provision may be fined by the association in accordance 548 with s. 718.303. A unit owner who needs assistance in casting 549 the ballot for the reasons stated in s. 101.051 may obtain such 550 assistance. The regular election must occur on the date of the 551 annual meeting. Notwithstanding this sub-subparagraph, an 552 election is not required unless more candidates file notices of 553 intent to run or are nominated than board vacancies exist. 554 b. Within 90 days after being elected or appointed to the 555 board of an association of a residential condominium, each newly 556 elected or appointed director shall certify in writing to the 557 secretary of the association that he or she has read the 558 association’s declaration of condominium, articles of 559 incorporation, bylaws, and current written policies; that he or 560 she will work to uphold such documents and policies to the best 561 of his or her ability; and that he or she will faithfully 562 discharge his or her fiduciary responsibility to the 563 association’s members. In lieu of this written certification, 564 within 90 days after being elected or appointed to the board, 565 the newly elected or appointed director may submit a certificate 566 of having satisfactorily completed the educational curriculum 567 administered by a division-approved condominium education 568 provider within 1 year before or 90 days after the date of 569 election or appointment. The written certification or 570 educational certificate is valid and does not have to be 571 resubmitted as long as the director serves on the board without 572 interruption. A director of an association of a residential 573 condominium who fails to timely file the written certification 574 or educational certificate is suspended from service on the 575 board until he or she complies with this sub-subparagraph. The 576 board may temporarily fill the vacancy during the period of 577 suspension. The secretary shall cause the association to retain 578 a director’s written certification or educational certificate 579 for inspection by the members for 5 years after a director’s 580 election or the duration of the director’s uninterrupted tenure, 581 whichever is longer. Failure to have such written certification 582 or educational certificate on file does not affect the validity 583 of any board action. 584 c. Any challenge to the election process must be commenced 585 within 60 days after the election results are announced. 586 5. Any approval by unit owners called for by this chapter 587 or the applicable declaration or bylaws, including, but not 588 limited to, the approval requirement in s. 718.111(8), must be 589 made at a duly noticed meeting of unit owners and is subject to 590 all requirements of this chapter or the applicable condominium 591 documents relating to unit owner decisionmaking, except that 592 unit owners may take action by written agreement, without 593 meetings, on matters for which action by written agreement 594 without meetings is expressly allowed by the applicable bylaws 595 or declaration or any law that provides for such action. 596 6. Unit owners may waive notice of specific meetings if 597 allowed by the applicable bylaws or declaration or any law. 598 Notice of meetings of the board of administration, unit owner 599 meetings, except unit owner meetings called to recall board 600 members under paragraph (j), and committee meetings may be given 601 by electronic transmission to unit owners who consent to receive 602 notice by electronic transmission. A unit owner who consents to 603 receiving notices by electronic transmission is solely 604 responsible for removing or bypassing filters that block receipt 605 of mass e-mailsemailssent to members on behalf of the 606 association in the course of giving electronic notices. 607 7. Unit owners have the right to participate in meetings of 608 unit owners with reference to all designated agenda items. 609 However, the association may adopt reasonable rules governing 610 the frequency, duration, and manner of unit owner participation. 611 8. A unit owner may tape record or videotape a meeting of 612 the unit owners subject to reasonable rules adopted by the 613 division. 614 9. Unless otherwise provided in the bylaws, any vacancy 615 occurring on the board before the expiration of a term may be 616 filled by the affirmative vote of the majority of the remaining 617 directors, even if the remaining directors constitute less than 618 a quorum, or by the sole remaining director. In the alternative, 619 a board may hold an election to fill the vacancy, in which case 620 the election procedures must conform to sub-subparagraph 4.a. 621 unless the association governs 10 units or fewer and has opted 622 out of the statutory election process, in which case the bylaws 623 of the association control. Unless otherwise provided in the 624 bylaws, a board member appointed or elected under this section 625 shall fill the vacancy for the unexpired term of the seat being 626 filled. Filling vacancies created by recall is governed by 627 paragraph (j) and rules adopted by the division. 628 10. This chapter does not limit the use of general or 629 limited proxies, require the use of general or limited proxies, 630 or require the use of a written ballot or voting machine for any 631 agenda item or election at any meeting of a timeshare 632 condominium association or nonresidential condominium 633 association. 634 635 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an 636 association of 10 or fewer units may, by affirmative vote of a 637 majority of the total voting interests, provide for different 638 voting and election procedures in its bylaws, which may be by a 639 proxy specifically delineating the different voting and election 640 procedures. The different voting and election procedures may 641 provide for elections to be conducted by limited or general 642 proxy. 643 (i) Transfer fees.—An association may notnocharge an 644 applicant any fees, except the actual costs of any background 645 check or screening performedshall be madeby the association, 646or any body thereofin connection with the sale, mortgage, 647 lease, sublease, or other transfer of a unit unless the 648 association is required to approve such transfer and a fee for 649 such approval is provided for in the declaration, articles, or 650 bylaws. Except for the actual costs of any background check or 651 screening performed by the association, any such fee may be 652 preset, but may notin no event may such feeexceed $100 per 653 applicant other than a husband and wife or parent and dependent 654 childhusband/wife or parent/dependent child, which are 655 considered one applicant. However, if the lease or sublease is a 656 renewal of a lease or sublease with the same lessee or 657 sublessee, a charge may notno charge shallbe made. The 658 foregoing notwithstanding, an association may, if the authority 659 to do so appears in the declaration, articles, or bylaws, 660 require that a prospective lessee place a security deposit, in 661 an amount not to exceed the equivalent of 1 month’s rent, into 662 an escrow account maintained by the association. The security 663 deposit shall protect against damages to the common elements or 664 association property. Payment of interest, claims against the 665 deposit, refunds, and disputes under this paragraph shall be 666 handled in the same fashion as provided in part II of chapter 667 83. 668 (j) Recall of board members.—Subject to s. 718.301, any 669 member of the board of administration may be recalled and 670 removed from office with or without cause by the vote or 671 agreement in writing by a majority of all the voting interests. 672 A special meeting of the unit owners to recall a member or 673 members of the board of administration may be called by 10 674 percent of the voting interests giving notice of the meeting as 675 required for a meeting of unit owners, and the notice shall 676 state the purpose of the meeting. Electronic transmission may 677 not be used as a method of giving notice of a meeting called in 678 whole or in part for this purpose. 679 1. If the recall is approved by a majority of all voting 680 interests by a vote at a meeting, the recall will be effective 681 as provided in this paragraph. The board shall duly notice and 682 hold a board meeting within 5 full business days after the 683 adjournment of the unit owner meeting to recall one or more 684 board members. Such member or members shall be recalled 685 effective immediately upon conclusion of the board meeting, 686 provided that the recall is facially valid. A recalled member 687 must turn over to the board, within 10 full business days after 688 the vote, any and all records and property of the association in 689 his or hertheirpossession. 690 2. If the proposed recall is by an agreement in writing by 691 a majority of all voting interests, the agreement in writing or 692 a copy thereof shall be served on the association by certified 693 mail or by personal service in the manner authorized by chapter 694 48 and the Florida Rules of Civil Procedure. The board of 695 administration shall duly notice and hold a meeting of the board 696 within 5 full business days after receipt of the agreement in 697 writing. Such member or members shall be recalled effective 698 immediately upon the conclusion of the board meeting, provided 699 that the recall is facially valid. A recalled member must turn 700 over to the board, within 10 full business days, any and all 701 records and property of the association in his or hertheir702 possession. 703 3. If the board fails to duly notice and hold a board 704 meeting within 5 full business days after service of an 705 agreement in writing or within 5 full business days after the 706 adjournment of the unit owner recall meeting, the recall is 707shall be deemedeffective and the board members so recalled 708 shall turn over to the board within 10 full business days after 709 the vote any and all records and property of the association. 710 4. If the board fails to duly notice and hold the required 711 meeting or at the conclusion of the meeting determines that the 712 recall is not facially valid, the unit owner representative may 713 file a petition pursuant to s. 718.1255 challenging the board’s 714 failure to act or challenging the board’s determination on 715 facial validity. The petition must be filed within 60 days after 716 the expiration of the applicable 5-full-business-day period. The 717 review of a petition under this subparagraph is limited to the 718 sufficiency of service on the board and the facial validity of 719 the written agreement or ballots filed. 720 5. If a vacancy occurs on the board as a result of a recall 721 or removal and less than a majority of the board members are 722 removed, the vacancy may be filled by the affirmative vote of a 723 majority of the remaining directors, notwithstanding any 724 provision to the contrary contained in this subsection. If 725 vacancies occur on the board as a result of a recall and a 726 majority or more of the board members are removed, the vacancies 727 shall be filled in accordance with the bylawsprocedural rules728to be adopted by the division, which rules need not be729consistent with this subsection. The rules must provide730procedures governing the conduct of the recall election as well731as the operation of the association during the period after a732recall but before the recall election. 733 6. A board member who has been recalled may file a petition 734 pursuant to s. 718.1255 challenging the validity of the recall. 735 The petition must be filed within 60 days after the recall. The 736 association and the unit owner representative shall be named as 737 the respondents. The petition may challenge the facial validity 738 of the written agreement or ballots filed or the substantial 739 compliance with the procedural requirements for the recall. If 740 the arbitrator determines the recall was invalid, the 741 petitioning board member shall immediately be reinstated and the 742 recall is null and void. A board member who is successful in 743 challenging a recall is entitled to recover reasonable attorney 744 fees and costs from the respondents. The arbitrator may award 745 reasonable attorney fees and costs to the respondents if they 746 prevail, if the arbitrator makes a finding that the petitioner’s 747 claim is frivolous. 748 7. The division may not accept for filing a recall 749 petition, whether filed pursuant to subparagraph 1., 750 subparagraph 2., subparagraph 4., or subparagraph 6., when there 751 are 60 or fewer days until the scheduled reelection of the board 752 member sought to be recalled or when 60 or fewer days have 753 elapsed since the election of the board member sought to be 754 recalled. 755(p)Service providers; conflicts of interest.—An756association, which is not a timeshare condominium association,757may not employ or contract with any service provider that is758owned or operated by a board member or with any person who has a759financial relationship with a board member or officer, or a760relative within the third degree of consanguinity by blood or761marriage of a board member or officer. This paragraph does not762apply to a service provider in which a board member or officer,763or a relative within the third degree of consanguinity by blood764or marriage of a board member or officer, owns less than 1765percent of the equity shares.766 Section 5. Paragraphs (a) and (c) of subsection (8) of 767 section 718.113, Florida Statutes, are amended to read: 768 718.113 Maintenance; limitation upon improvement; display 769 of flag; hurricane shutters and protection; display of religious 770 decorations.— 771 (8) The Legislature finds that the use of electric vehicles 772 conserves and protects the state’s environmental resources, 773 provides significant economic savings to drivers, and serves an 774 important public interest. The participation of condominium 775 associations is essential to the state’s efforts to conserve and 776 protect the state’s environmental resources and provide economic 777 savings to drivers. Therefore, the installation of an electric 778 vehicle charging station shall be governed as follows: 779 (a) A declaration of condominium or restrictive covenant 780 may not prohibit or be enforced so as to prohibit any unit owner 781 from installing an electric vehicle charging station within the 782 boundaries of the unit owner’s limited common element or 783 exclusively designated parking area. The board of administration 784 of a condominium association may not prohibit a unit owner from 785 installing an electric vehicle charging station for an electric 786 vehicle, as defined in s. 320.01, within the boundaries of his 787 or her limited common element or exclusively designated parking 788 area. The installation of such charging stations are subject to 789 the provisions of this subsection. 790 (c) The electricity for the electric vehicle charging 791 station must be separately metered or must use an embedded meter 792 and be payable by the unit owner installing such charging 793 station. 794 Section 6. Subsection (1) of section 718.1255, Florida 795 Statutes, is amended to read: 796 718.1255 Alternative dispute resolution; voluntary 797 mediation; mandatory nonbinding arbitration; legislative 798 findings.— 799 (1) DEFINITIONS.—As used in this section, the term 800 “dispute” means any disagreement between two or more parties 801 that involves: 802 (a) The authority of the board of directors, under this 803 chapter or association document to: 804 1. Require any owner to take any action, or not to take any 805 action, involving that owner’s unit or the appurtenances 806 thereto. 807 2. Alter or add to a common area or element. 808 (b) The failure of a governing body, when required by this 809 chapter or an association document, to: 810 1. Properly conduct elections. 811 2. Maintain common elements, association property, or 812 portions of the unit for which the association is responsible. 813 3.2.Give adequate notice of meetings or other actions. 814 4.3.Properly conduct meetings of the board and committees 815 appointed by the board and membership meetings. 816 5.4.Allow inspection of books and records. 817 (c) A plan of termination pursuant to s. 718.117. 818 819 “Dispute” does not include any disagreement that primarily 820 involves: title to any unit or common element; the 821 interpretation or enforcement of any warranty; the levy of a fee 822 or assessment, or the collection of an assessment levied against 823 a party; the eviction or other removal of a tenant from a unit; 824 alleged breaches of fiduciary duty by one or more directors; or 825 claims for damages to a unit based upon the alleged failure of 826 the association to maintain the common elements or condominium 827 property. 828 Section 7. Subsection (1) and paragraph (b) of subsection 829 (3) of section 718.303, Florida Statutes, are amended to read: 830 718.303 Obligations of owners and occupants; remedies.— 831 (1) Each unit owner,eachtenant and other invitee, and 832eachassociation is governed by, and must comply with the 833 provisions of, this chapter, the declaration, the documents 834 creating the association, and the association bylaws which are 835shall be deemedexpressly incorporated into any lease of a unit. 836 Actions at law or in equityfor damages or for injunctive837relief, or both, for failure to comply with these provisions may 838 be brought by the association or by a unit owner against: 839 (a) The association. 840 (b) A unit owner. 841 (c) Directors designated by the developer, for actions 842 taken by them before control of the association is assumed by 843 unit owners other than the developer. 844 (d) Any director who willfully and knowingly fails to 845 comply with these provisions. 846 (e) Any tenant leasing a unit, and any other invitee 847 occupying a unit. 848 849 The prevailing party in any such action or in any action in 850 which the purchaser claims a right of voidability based upon 851 contractual provisions as required in s. 718.503(1)(a) is 852 entitled to recover reasonable attorneyattorney’sfees. A unit 853 owner prevailing in an action between the association and the 854 unit owner under this subsectionsection, in addition to 855 recovering his or her reasonable attorneyattorney’sfees, may 856 recover additional amounts as determined by the court to be 857 necessary to reimburse the unit owner for his or her share of 858 assessments levied by the association to fund its expenses of 859 the litigation. This relief does not exclude other remedies 860 provided by law. Actions arising under this subsection are not 861 consideredmay not be deemed to beactions for specific 862 performance. 863 (3) The association may levy reasonable fines for the 864 failure of the owner of the unit or its occupant, licensee, or 865 invitee to comply with any provision of the declaration, the 866 association bylaws, or reasonable rules of the association. A 867 fine may not become a lien against a unit. A fine may be levied 868 by the board on the basis of each day of a continuing violation, 869 with a single notice and opportunity for hearing before a 870 committee as provided in paragraph (b). However, the fine may 871 not exceed $100 per violation, or $1,000 in the aggregate. 872 (b) A fine or suspension levied by the board of 873 administration may not be imposed unless the board first 874 provides at least 14 days’ written notice to the unit owner and, 875 if applicable, any occupant, licensee, or invitee of the unit 876 owner sought to be fined or suspended, and an opportunity for a 877 hearing before a committee of at least three members appointed 878 by the board who are not officers, directors, or employees of 879 the association, or the spouse, parent, child, brother, or 880 sister of an officer, director, or employee. The role of the 881 committee is limited to determining whether to confirm or reject 882 the fine or suspension levied by the board. If the committee 883 does not approve the proposed fine or suspension by majority 884 vote, the fine or suspension may not be imposed. If the proposed 885 fine or suspension is approved by the committee, the fine 886 payment is due 5 days after notice of the approved fine is 887 provided to the unit owner and, if applicable, to any tenant, 888 licensee, or invitee of the unit ownerthe date of the committee889meeting at which the fine is approved. The association must 890 provide written notice of such fine or suspension by mail or 891 hand delivery to the unit owner and, if applicable, to any 892 tenant, licensee, or invitee of the unit owner. 893 Section 8. Section 718.5014, Florida Statutes, is amended 894 to read: 895 718.5014 Ombudsman location.—The ombudsman shall maintain 896 his or her principal office in anyLeon County on the premises897of the division or, if suitable space cannot be provided there,898at anotherplace convenient to the offices of the division which 899 will enable the ombudsman to expeditiously carry out the duties 900 and functions of his or her office. The ombudsman may establish 901 branch offices elsewhere in the state upon the concurrence of 902 the Governor. 903 Section 9. Subsection (25) of section 719.103, Florida 904 Statutes, is amended to read: 905 719.103 Definitions.—As used in this chapter: 906 (25) “Unit” means a part of the cooperative property which 907 is subject to exclusive use and possession. A unit may be 908 improvements, land, or land and improvements together, as 909 specified in the cooperative documents. An interest in a unit is 910 an interest in real property. 911 Section 10. Paragraph (c) of subsection (2) of section 912 719.104, Florida Statutes, is amended to read: 913 719.104 Cooperatives; access to units; records; financial 914 reports; assessments; purchase of leases.— 915 (2) OFFICIAL RECORDS.— 916 (c) The official records of the association are open to 917 inspection by any association member or the authorized 918 representative of such member at all reasonable times. The right 919 to inspect the records includes the right to make or obtain 920 copies, at the reasonable expense, if any, of the association 921 member. The association may adopt reasonable rules regarding the 922 frequency, time, location, notice, and manner of record 923 inspections and copying, but may not require a member to 924 demonstrate any purpose or state any reason for the inspection. 925 The failure of an association to provide the records within 10 926 working days after receipt of a written request creates a 927 rebuttable presumption that the association willfully failed to 928 comply with this paragraph. A memberunit ownerwho is denied 929 access to official records is entitled to the actual damages or 930 minimum damages for the association’s willful failure to comply. 931 The minimum damages are $50 per calendar day for up to 10 days, 932 beginning on the 11th working day after receipt of the written 933 request. The failure to permit inspection entitles any person 934 prevailing in an enforcement action to recover reasonable 935 attorney fees from the person in control of the records who, 936 directly or indirectly, knowingly denied access to the records. 937 Any person who knowingly or intentionally defaces or destroys 938 accounting records that are required by this chapter to be 939 maintained during the period for which such records are required 940 to be maintained, or who knowingly or intentionally fails to 941 create or maintain accounting records that are required to be 942 created or maintained, with the intent of causing harm to the 943 association or one or more of its members, is personally subject 944 to a civil penalty pursuant to s. 719.501(1)(d). The association 945 shall maintain an adequate number of copies of the declaration, 946 articles of incorporation, bylaws, and rules, and all amendments 947 to each of the foregoing, as well as the question and answer 948 sheet as described in s. 719.504 and year-end financial 949 information required by the department, on the cooperative 950 property to ensure their availability to membersunit ownersand 951 prospective purchasers, and may charge its actual costs for 952 preparing and furnishing these documents to those requesting the 953 same. An association shall allow a member or his or her 954 authorized representative to use a portable device, including a 955 smartphone, tablet, portable scanner, or any other technology 956 capable of scanning or taking photographs, to make an electronic 957 copy of the official records in lieu of the association 958 providing the member or his or her authorized representative 959 with a copy of such records. The association may not charge a 960 member or his or her authorized representative for the use of a 961 portable device. Notwithstanding this paragraph, the following 962 records shall not be accessible to membersunit owners: 963 1. Any record protected by the lawyer-client privilege as 964 described in s. 90.502 and any record protected by the work 965 product privilege, including any record prepared by an 966 association attorney or prepared at the attorney’s express 967 direction which reflects a mental impression, conclusion, 968 litigation strategy, or legal theory of the attorney or the 969 association, and which was prepared exclusively for civil or 970 criminal litigation or for adversarial administrative 971 proceedings, or which was prepared in anticipation of such 972 litigation or proceedings until the conclusion of the litigation 973 or proceedings. 974 2. Information obtained by an association in connection 975 with the approval of the lease, sale, or other transfer of a 976 unit. 977 3. Personnel records of association or management company 978 employees, including, but not limited to, disciplinary, payroll, 979 health, and insurance records. For purposes of this 980 subparagraph, the term “personnel records” does not include 981 written employment agreements with an association employee or 982 management company, or budgetary or financial records that 983 indicate the compensation paid to an association employee. 984 4. Medical records of unit owners. 985 5. Social security numbers, driver license numbers, credit 986 card numbers, e-mail addresses, telephone numbers, facsimile 987 numbers, emergency contact information, addresses of a unit 988 owner other than as provided to fulfill the association’s notice 989 requirements, and other personal identifying information of any 990 person, excluding the person’s name, unit designation, mailing 991 address, property address, and any address, e-mail address, or 992 facsimile number provided to the association to fulfill the 993 association’s notice requirements. Notwithstanding the 994 restrictions in this subparagraph, an association may print and 995 distribute to unitparcelowners a directory containing the 996 name, unitparceladdress, and all telephone numbers of each 997 unitparcelowner. However, an owner may exclude his or her 998 telephone numbers from the directory by so requesting in writing 999 to the association. An owner may consent in writing to the 1000 disclosure of other contact information described in this 1001 subparagraph. The association is not liable for the inadvertent 1002 disclosure of information that is protected under this 1003 subparagraph if the information is included in an official 1004 record of the association and is voluntarily provided by an 1005 owner and not requested by the association. 1006 6. Electronic security measures that are used by the 1007 association to safeguard data, including passwords. 1008 7. The software and operating system used by the 1009 association which allow the manipulation of data, even if the 1010 owner owns a copy of the same software used by the association. 1011 The data is part of the official records of the association. 1012 Section 11. Paragraphs (b) and (f) of subsection (1) of 1013 section 719.106, Florida Statutes, are amended to read: 1014 719.106 Bylaws; cooperative ownership.— 1015 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative 1016 documents shall provide for the following, and if they do not, 1017 they shall be deemed to include the following: 1018 (b) Quorum; voting requirements; proxies.— 1019 1. Unless otherwise provided in the bylaws, the percentage 1020 of voting interests required to constitute a quorum at a meeting 1021 of the members shall be a majority of voting interests, and 1022 decisions shall be made by owners of a majority of the voting 1023 interests. Unless otherwise provided in this chapter, or in the 1024 articles of incorporation, bylaws, or other cooperative 1025 documents, and except as provided in subparagraph (d)1., 1026 decisions shall be made by owners of a majority of the voting 1027 interests represented at a meeting at which a quorum is present. 1028 2. Except as specifically otherwise provided herein, after 1029 January 1, 1992, unit owners may not vote by general proxy, but 1030 may vote by limited proxies substantially conforming to a 1031 limited proxy form adopted by the division. Limited proxies and 1032 general proxies may be used to establish a quorum. Limited 1033 proxies shall be used for votes taken to waive or reduce 1034 reserves in accordance with subparagraph (j)2., for votes taken 1035 to waive the financial reporting requirements of s. 1036 719.104(4)(b), for votes taken to amend the articles of 1037 incorporation or bylaws pursuant to this section, and for any 1038 other matter for which this chapter requires or permits a vote 1039 of the unit owners. Except as provided in paragraph (d), after 1040 January 1, 1992, no proxy, limited or general, shall be used in 1041 the election of board members. General proxies may be used for 1042 other matters for which limited proxies are not required, and 1043 may also be used in voting for nonsubstantive changes to items 1044 for which a limited proxy is required and given. Notwithstanding 1045 the provisions of this section, unit owners may vote in person 1046 at unit owner meetings. Nothing contained herein shall limit the 1047 use of general proxies or require the use of limited proxies or 1048 require the use of limited proxies for any agenda item or 1049 election at any meeting of a timeshare cooperative. 1050 3. Any proxy given shall be effective only for the specific 1051 meeting for which originally given and any lawfully adjourned 1052 meetings thereof. In no event shall any proxy be valid for a 1053 period longer than 90 days after the date of the first meeting 1054 for which it was given. Every proxy shall be revocable at any 1055 time at the pleasure of the unit owner executing it. 1056 4. A member of the board of administration or a committee 1057 may submit in writing his or her agreement or disagreement with 1058 any action taken at a meeting that the member did not attend. 1059 This agreement or disagreement may not be used as a vote for or 1060 against the action taken and may not be used for the purposes of 1061 creating a quorum. 1062 5. A board or committee member’s participation in a meeting 1063 via telephone, real-time video conferencing, or similar real 1064 time electronic or video communication counts toward a quorum, 1065 and such member may vote as if physically presentWhen some or1066all of the board or committee members meet by telephone1067conference, those board or committee members attending by1068telephone conference may be counted toward obtaining a quorum1069and may vote by telephone. Atelephonespeaker mustshallbe 1070 usedutilizedso that the conversation of suchthose board or1071committeemembersattending by telephonemay be heard by the 1072 board or committee members attending in person, as well as by 1073 any unit owners present at a meeting. 1074 (f) Recall of board members.—Subject to s. 719.301, any 1075 member of the board of administration may be recalled and 1076 removed from office with or without cause by the vote or 1077 agreement in writing by a majority of all the voting interests. 1078 A special meeting of the voting interests to recall any member 1079 of the board of administration may be called by 10 percent of 1080 the unit owners giving notice of the meeting as required for a 1081 meeting of unit owners, and the notice shall state the purpose 1082 of the meeting. Electronic transmission may not be used as a 1083 method of giving notice of a meeting called in whole or in part 1084 for this purpose. 1085 1. If the recall is approved by a majority of all voting 1086 interests by a vote at a meeting, the recall shall be effective 1087 as provided in this paragraph. The board shall duly notice and 1088 hold a board meeting within 5 full business days after the 1089 adjournment of the unit owner meeting to recall one or more 1090 board members. At the meeting, the board shall either certify 1091 the recall, in which case such member or members shall be 1092 recalled effective immediately and shall turn over to the board 1093 within 5 full business days any and all records and property of 1094 the association in their possession, or shall proceed as set 1095 forth in subparagraph 4.subparagraph 3.1096 2. If the proposed recall is by an agreement in writing by 1097 a majority of all voting interests, the agreement in writing or 1098 a copy thereof shall be served on the association by certified 1099 mail or by personal service in the manner authorized by chapter 1100 48 and the Florida Rules of Civil Procedure. The board of 1101 administration shall duly notice and hold a meeting of the board 1102 within 5 full business days after receipt of the agreement in 1103 writing. Such member or members shall be recalled effective 1104 immediately upon the conclusion of the board meeting, provided 1105 that the recall is facially valid. A recalled member shall turn 1106 over to the board within 10 full business days after the date of 1107 the recall any and all records and property of the association 1108 in his or her possessionAt the meeting, the board shall either1109certify the written agreement to recall members of the board, in1110which case such members shall be recalled effective immediately1111and shall turn over to the board, within 5 full business days,1112any and all records and property of the association in their1113possession, or proceed as described in subparagraph 3. 11143.If the board determines not to certify the written1115agreement to recall members of the board, or does not certify1116the recall by a vote at a meeting, the board shall, within 51117full business days after the board meeting, file with the1118division a petition for binding arbitration pursuant to the1119procedures of s. 719.1255. For purposes of this paragraph, the1120unit owners who voted at the meeting or who executed the1121agreement in writing shall constitute one party under the1122petition for arbitration. If the arbitrator certifies the recall1123as to any member of the board, the recall shall be effective1124upon mailing of the final order of arbitration to the1125association. If the association fails to comply with the order1126of the arbitrator, the division may take action pursuant to s.1127719.501. Any member so recalled shall deliver to the board any1128and all records and property of the association in the member’s1129possession within 5 full business days after the effective date1130of the recall.1131 3.4.If the board fails to duly notice and hold a board 1132 meeting within 5 full business days after service of an 1133 agreement in writing or within 5 full business days after the 1134 adjournment of the unit owner recall meeting, the recall is 1135shall be deemedeffective and the board members so recalled 1136 shall immediately turn over to the board any and all records and 1137 property of the association. 1138 4.5.If the board fails to duly notice and hold the 1139 required meeting or fails to file the required petition, the 1140 unit owner representative may file a petition pursuant to s. 1141 719.1255 challenging the board’s failure to act. The petition 1142 must be filed within 60 days after the expiration of the 1143 applicable 5-full-business-day period. The review of a petition 1144 under this subparagraph is limited to the sufficiency of service 1145 on the board and the facial validity of the written agreement or 1146 ballots filed. 1147 5.6.If a vacancy occurs on the board as a result of a 1148 recall and less than a majority of the board members are 1149 removed, the vacancy may be filled by the affirmative vote of a 1150 majority of the remaining directors, notwithstanding any 1151 provision to the contrary contained in this subsectionchapter. 1152 If vacancies occur on the board as a result of a recall and a 1153 majority or more of the board members are removed, the vacancies 1154 mustshallbe filled in accordance with the bylawsprocedural1155rules to be adopted by the division, which rules need not be1156consistent with this chapter. The rules must provide procedures1157governing the conduct of the recall election as well as the1158operation of the association during the period after a recall1159but before the recall election. 1160 6.7.A board member who has been recalled may file a 1161 petition pursuant to s. 719.1255 challenging the validity of the 1162 recall. The petition must be filed within 60 days after the 1163 recall is deemed certified. The association and the unit owner 1164 representative shall be named as the respondents. 1165 7.8.The division may not accept for filing a recall 1166 petition, whether filed pursuant to subparagraph 1., 1167 subparagraph 2., subparagraph 4., or subparagraph 6. 1168subparagraph 5., or subparagraph 7.and regardless of whether 1169 the recall was certified, when there are 60 or fewer days until 1170 the scheduled reelection of the board member sought to be 1171 recalled or when 60 or fewer days have not elapsed since the 1172 election of the board member sought to be recalled. 1173 Section 12. Paragraph (c) of subsection (2) and paragraph 1174 (l) of subsection (4) of section 720.303, Florida Statutes, are 1175 amended, and paragraph (m) is added to subsection (4) of that 1176 section, to read: 1177 720.303 Association powers and duties; meetings of board; 1178 official records; budgets; financial reporting; association 1179 funds; recalls.— 1180 (2) BOARD MEETINGS.— 1181 (c) The bylaws shall provide the following for giving 1182 notice to parcel owners and members of all board meetings and, 1183 if they do not do so, shall be deemed to include the following: 1184 1. Notices of all board meetings must be posted in a 1185 conspicuous place in the community at least 48 hours in advance 1186 of a meeting, except in an emergency. In the alternative, if 1187 notice is not posted in a conspicuous place in the community, 1188 notice of each board meeting must be mailed or delivered to each 1189 member at least 7 days before the meeting, except in an 1190 emergency. Notwithstanding this general notice requirement, for 1191 communities with more than 100 members, the association bylaws 1192 may provide for a reasonable alternative to posting or mailing 1193 of notice for each board meeting, including publication of 1194 notice, provision of a schedule of board meetings, or the 1195 conspicuous posting and repeated broadcasting of the notice on a 1196 closed-circuit cable television system serving the homeowners’ 1197 association. However, if broadcast notice is used in lieu of a 1198 notice posted physically in the community, the notice must be 1199 broadcast at least four times every broadcast hour of each day 1200 that a posted notice is otherwise required. When broadcast 1201 notice is provided, the notice and agenda must be broadcast in a 1202 manner and for a sufficient continuous length of time so as to 1203 allow an average reader to observe the notice and read and 1204 comprehend the entire content of the notice and the agenda. In 1205 addition to any of the authorized means of providing notice of a 1206 meeting of the board, the association may, by rule, adopt a 1207 procedure for conspicuously posting the meeting notice and the 1208 agenda on a website serving the association for at least the 1209 minimum period of time for which a notice of a meeting is also 1210 required to be physically posted on the association property. 1211 Any rule adopted shall, in addition to other matters, include a 1212 requirement that the association send an electronic notice in 1213 the same manner as is required for a notice for a meeting of the 1214 members, which must include a hyperlink to the website where the 1215 notice is posted, to members whose e-mail addresses are included 1216 in the association’s official records. The association may 1217 provide notice by electronic transmission in a manner authorized 1218 by law for meetings of the board of directors, committee 1219 meetings requiring notice under this section, and annual and 1220 special meetings of the members to any member who has provided a 1221 facsimile number or e-mail address to the association to be used 1222 for such purposes; however, a member must consent in writing to 1223 receiving notice by electronic transmission. 1224 2. An assessment may not be levied at a board meeting 1225 unless the notice of the meeting includes a statement that 1226 assessments will be considered and the nature of the 1227 assessments. Written notice of any meeting at which special 1228 assessments will be considered or at which amendments to rules 1229 regarding parcel use will be considered must be mailed, 1230 delivered, or electronically transmitted to the members and 1231 parcel owners and posted conspicuously on the property or 1232 broadcast on closed-circuit cable television not less than 14 1233 days before the meeting. 1234 3. Directors may not vote by proxy or by secret ballot at 1235 board meetings, except that secret ballots may be used in the 1236 election of officers. This subsection also applies to the 1237 meetings of any committee or other similar body, when a final 1238 decision will be made regarding the expenditure of association 1239 funds, and to any body vested with the power to approve or 1240 disapprove architectural decisions with respect to a specific 1241 parcel of residential property owned by a member of the 1242 community. 1243 (4) OFFICIAL RECORDS.—The association shall maintain each 1244 of the following items, when applicable, which constitute the 1245 official records of the association: 1246 (l) Ballots, sign-in sheets, voting proxies, and all other 1247 papers and electronic records relating to voting by parcel 1248 owners, which shall be maintained for at least 1 year after the 1249 date of the election, vote, or meeting to which the document 1250 relates. 1251 (m) All otherwrittenrecords of the association not 1252 specifically included in paragraphs (a) through (l)the1253foregoingwhich are related to the operation of the association. 1254 Section 13. Subsections (1) and (2) of section 720.305, 1255 Florida Statutes, are amended to read: 1256 720.305 Obligations of members; remedies at law or in 1257 equity; levy of fines and suspension of use rights.— 1258 (1) Each member and the member’s tenants, guests, and 1259 invitees, and each association, are governed by, and must comply 1260 with, this chapter and,the governing documents of the 1261 community, and the rules of the association. Actions at law or 1262 in equity, or both, to redress alleged failure or refusal to 1263 comply with these provisions may be brought by the association 1264 or by any member against: 1265 (a) The association; 1266 (b) A member; 1267 (c) Any director or officer of an association who willfully 1268 and knowingly fails to comply with these provisions; and 1269 (d) Any tenants, guests, or invitees occupying a parcel or 1270 using the common areas. 1271 1272 The prevailing party in any such litigation is entitled to 1273 recover reasonable attorney fees and costs. A member prevailing 1274 in an action between the association and the member under this 1275 section, in addition to recovering his or her reasonable 1276 attorney fees, may recover additional amounts as determined by 1277 the court to be necessary to reimburse the member for his or her 1278 share of assessments levied by the association to fund its 1279 expenses of the litigation. This relief does not exclude other 1280 remedies provided by law. This section does not deprive any 1281 person of any other available right or remedy. 1282 (2) AnTheassociation may levy reasonable fines. A fine 1283 may not exceed $100 per violation against any member or any 1284 member’s tenant, guest, or invitee for the failure of the owner 1285 of the parcel or its occupant, licensee, or invitee to comply 1286 with any provision of the governing documentsdeclaration, the1287association bylaws, or reasonable rules of the association1288 unless otherwise provided in the governing documents. A fine may 1289 be levied by the board for each day of a continuing violation, 1290 with a single notice and opportunity for hearing, except that 1291 the fine may not exceed $1,000 in the aggregate unless otherwise 1292 provided in the governing documents. A fine of less than $1,000 1293 may not become a lien against a parcel. In any action to recover 1294 a fine, the prevailing party is entitled to reasonable attorney 1295 fees and costs from the nonprevailing party as determined by the 1296 court. 1297 (a) An association may suspend, for a reasonable period of 1298 time, the right of a member, or a member’s tenant, guest, or 1299 invitee, to use common areas and facilities for the failure of 1300 the owner of the parcel or its occupant, licensee, or invitee to 1301 comply with any provision of the declaration, the association 1302 bylaws, or reasonable rules of the association. This paragraph 1303 does not apply to that portion of common areas used to provide 1304 access or utility services to the parcel. A suspension may not 1305 prohibit an owner or tenant of a parcel from having vehicular 1306 and pedestrian ingress to and egress from the parcel, including, 1307 but not limited to, the right to park. 1308 (b) A fine or suspension levied by the board of 1309 administration may not be imposed unless the board first 1310 provides at least 14 days’ notice to the parcel owner and, if 1311 applicable, any occupant, licensee, or invitee of the parcel 1312 owner, sought to be fined or suspended and an opportunity for a 1313 hearing before a committee of at least three members appointed 1314 by the board who are not officers, directors, or employees of 1315 the association, or the spouse, parent, child, brother, or 1316 sister of an officer, director, or employee. If the committee, 1317 by majority vote, does not approve a proposed fine or 1318 suspension, the proposed fine or suspension may not be imposed. 1319 The role of the committee is limited to determining whether to 1320 confirm or reject the fine or suspension levied by the board. If 1321 the proposed fine or suspension levied by the board is approved 1322 by the committee, the fine payment is due 5 days after notice of 1323 the approved fine is provided to the parcel owner and, if 1324 applicable, to any occupant, licensee, or invitee of the parcel 1325 ownerthe date of the committee meeting at which the fine is1326approved. The association must provide written notice of such 1327 fine or suspension by mail or hand delivery to the parcel owner 1328 and, if applicable, to any occupanttenant, licensee, or invitee 1329 of the parcel owner. 1330 Section 14. Paragraph (g) of subsection (1) of section 1331 720.306, Florida Statutes, is amended to read: 1332 720.306 Meetings of members; voting and election 1333 procedures; amendments.— 1334 (1) QUORUM; AMENDMENTS.— 1335 (g) A notice required under this section must be mailed or 1336 delivered to the address identified as the parcel owner’s 1337 mailing address in the official records of the association as 1338 required under s. 720.303(4)on the property appraiser’s website1339for the county in which the parcel is located, or electronically 1340 transmitted in a manner authorized by the association if the 1341 parcel owner has consented, in writing, to receive notice by 1342 electronic transmission. 1343 Section 15. Subsections (1) and (2) of section 720.311, 1344 Florida Statutes, are redesignated as subsections (2) and (3), 1345 respectively, a new subsection (1) is added to that section, and 1346 present subsection (2) is amended, to read: 1347 720.311 Dispute resolution.— 1348 (1)(a) As used in this section, the term “dispute” means 1349 any disagreement between two or more parties which involves: 1350 1. The authority of the board of directors, under this 1351 chapter or an association document, to: 1352 a. Require any owner to take any action, or not to take any 1353 action, involving that owner’s parcel. 1354 b. Alter or add to a common area. 1355 2. The failure of a governing body, when required by this 1356 chapter or an association document, to: 1357 a. Properly enforce the governing documents. 1358 b. Provide adequate notice of meetings or other actions. 1359 c. Properly conduct meetings of the board and committees 1360 appointed by the board and membership meetings. This sub 1361 subparagraph does not apply to elections held at a meeting. 1362 d. Maintain a common area. 1363 (b) The term “dispute” does not include any disagreement 1364 that primarily involves: 1365 1. Title to any parcel or common area; 1366 2. The interpretation or enforcement of any warranty; 1367 3. The levy of a fee or assessment or the collection of an 1368 assessment levied against a party; 1369 4. The eviction or removal of an occupant, licensee, or 1370 invitee from a parcel; 1371 5. An alleged breach of fiduciary duty by one or more 1372 directors; or 1373 6. Claims for damages to a parcel based upon the alleged 1374 failure of the association to maintain the common areas or 1375 association property. 1376 (3)(a)1.(2)(a)Disputes between an association and a parcel 1377 owner regarding use of or changes to the parcel or the common 1378 areas and other covenant enforcement disputes, disputes 1379 regarding amendments to the association documents, disputes 1380 regarding meetings of the board and committees appointed by the 1381 board, membership meetings not including election meetings, and 1382 access to the official records of the association shall be the 1383 subject of a demand for presuit mediation served by an aggrieved 1384 party before the dispute is filed in court. Presuit mediation 1385 proceedings must be conducted in accordance with the applicable 1386 rules of the Florida Rules of Civil Procedure and chapter 44, 1387 and these proceedings are privileged and confidential to the 1388 same extent as court-ordered mediation. Disputes subject to 1389 presuit mediation under this section mayshallnot include the 1390 collection of any assessment, fine, or other financial 1391 obligation, including attorneyattorney’sfees and costs, 1392 claimed to be due or any action to enforce a prior mediation 1393 settlement agreement between the parties.Also,In any dispute 1394 subject to presuit mediation under this section where 1395 preliminary injunctiveemergencyrelief is required, a motion 1396 for temporary injunctive relief may be filed with the court 1397 without first complying with the presuit mediation requirements 1398 of this section. After any issues regarding preliminary 1399 injunctiveemergency or temporaryrelief are resolved, the court 1400 mayeitherrefer the parties to a mediation program administered 1401 by the courts or require mediation under this section. An 1402 arbitrator or judge may not consider any information or evidence 1403 arising from the presuit mediation proceeding except in a 1404 proceeding to impose sanctions for failure to attend a presuit 1405 mediation session or to enforce a mediated settlement agreement. 1406 Persons who are not parties to the dispute may not attend the 1407 presuit mediation conference without the consent of all parties, 1408 except for counsel for the parties,anda corporate 1409 representative designated by the association, and a 1410 representative from the association’s insurance carrier, if 1411 applicable. When mediation is attended by a quorum of the board, 1412 such mediation is not a board meeting for purposes of notice and 1413 participation set forth in s. 720.303. An aggrieved party shall 1414 serve on the responding party a written demand to participate in 1415 presuit mediation in substantially the following form: 1416 1417 STATUTORY OFFER TO PARTICIPATE 1418 IN PRESUIT MEDIATION 1419 1420 The alleged aggrieved party, ................, hereby 1421 demands that ................, as the responding 1422 party, engage in mandatory presuit mediation in 1423 connection with the following disputes, which by 1424 statute are of a type that are subject to presuit 1425 mediation: 1426 1427 (List specific nature of the dispute or disputes to be 1428 mediated and the authority supporting a finding of a 1429 violation as to each dispute.) 1430 1431 Pursuant to section 720.311, Florida Statutes, this 1432 demand to resolve the dispute through presuit 1433 mediation is required before a lawsuit can be filed 1434 concerning the dispute. Pursuant to the statute, the 1435 parties are required to engage in presuit mediation 1436 with a neutral third-party mediator in order to 1437 attempt to resolve this dispute without court action, 1438 and the aggrieved party demands that you likewise 1439 agree to this process. If you fail to participate in 1440 the mediation process, suit may be brought against you 1441 without further warning. 1442 1443 The process of mediation involves a supervised 1444 negotiation process in which a trained, neutral third 1445 party mediator meets with both parties and assists 1446 them in exploring possible opportunities for resolving 1447 part or all of the dispute. By agreeing to participate 1448 in presuit mediation, you are not bound in any way to 1449 change your position. Furthermore, the mediator has no 1450 authority to make any decisions in this matter or to 1451 determine who is right or wrong and merely acts as a 1452 facilitator to ensure that each party understands the 1453 position of the other party and that all options for 1454 reasonable settlement are fully explored. 1455 1456 If an agreement is reached, it mustshallbe reduced 1457 to writing and signed, at which time the agreement 1458 becomes a binding and enforceable contract between 1459commitment ofthe parties. A resolution of one or more 1460 disputes in this fashion avoids the need to litigate 1461 thosetheseissues in court. The failureto reach an1462agreement, or the failureof a party to participate in 1463 the process or the failure of the parties to reach an 1464 agreement during the mediation process,results in the 1465 aggrieved party being able tomediator declaring an1466impasse in the mediation, after which the aggrieved1467party mayproceed to court on all outstanding and,1468 unsettled disputes. If you fail or refusehave failed1469or refusedto participate in the entire mediation 1470 process, you will not be entitled to recover attorney 1471attorney’sfees, even if you prevail. 1472 1473 The aggrieved party has selected and hereby lists five 1474 circuit court civilcertifiedmediators certified by 1475 the Florida Supreme Court who the aggrieved party 1476 believeswe believeto be neutral and qualified to 1477 mediate the dispute. You have the right to select any 1478 one of these mediators. The fact that one party may be 1479 familiar with one or more of the listed mediators does 1480 not mean that the mediator cannot act as a neutral and 1481 impartial facilitator. Any mediator who cannot act in 1482 this capacity is required ethically to decline to 1483 accept engagement. The mediators that we suggest, and 1484 their current hourly rates, are as follows: 1485 1486 (List the names, physical addresses, e-mail addresses, 1487 telephone numbers, and hourly rates of the mediators. 1488 Other pertinent information about the backgrounds 1489backgroundof the mediators may be included as an 1490 attachment, including whether the mediator is board 1491 certified by The Florida Bar in any practice area.) 1492 1493 By mutual agreement, and before accepting presuit 1494 mediation, we can also select mediators other than the 1495 Supreme Court-certified circuit court civil mediators 1496 named above as alternates to the above-named 1497 mediators. The alternate mediators are not required to 1498 be Supreme Court-certified circuit court civil 1499 mediators. The alternate mediators that we suggest, 1500 and their hourly rates, are as follows: 1501 (List the names, physical addresses, e-mail addresses, 1502 telephone numbers, and hourly rates of the alternate 1503 mediators. Other pertinent information about the 1504 backgrounds of the alternate mediators may be included 1505 as an attachment.) 1506 1507 You may contact the offices of these mediators to 1508 confirm that the listed mediators will be neutral and 1509 will not show any favoritism toward either party. The 1510 Florida Supreme Court can provide you a list of 1511certifiedmediators who are certified in the area of 1512 circuit civil law. 1513 1514 Unless otherwise agreed by the parties, section 1515 720.311(2)(b), Florida Statutes, requires that the 1516 parties share equally the costs of presuit mediation 1517equally, including the fee charged by the mediator. A 1518 typicalAn averagemediation may require three to four 1519 hours of the mediator’s time, including some 1520 preparation time, and the parties would need to share 1521 equally the mediator’s fees as well as pay their own 1522 attorneyattorney’sfees if they choose to employ an 1523 attorney in connection with the mediation. However, 1524 use of an attorney is not required and is at the 1525 option of each party. The mediators may require the 1526 advance payment of some or all of the anticipated 1527 fees. The aggrieved party hereby agrees to pay or 1528 prepay one-half of the mediator’s estimated fees and 1529 to forward this amount or such other reasonable 1530 advance deposits as the mediator requires for this 1531 purpose. Any funds deposited will be returned to you 1532 if these are in excess of your share of the fees 1533 incurred. 1534 1535 To begin your participation in presuit mediation to 1536 try to resolve the dispute and avoid further legal 1537 action, please sign below and clearly indicate which 1538 mediator is acceptable to you. We will then ask the 1539 mediator to schedule a mutually convenient time and 1540 place for the mediation conference to be held. The 1541 mediation conference must be held within 90ninety1542(90)days after the date of acceptance of presuit 1543 mediationof this date, unless extended by mutual 1544 written agreement. In the event that you fail to 1545 respond within 30 days after20 days fromthe date of 1546 this letter, or if you fail to agree to at least one 1547 of the mediators that we have suggested or to pay or 1548 prepay to the mediator one-half of the costs involved, 1549 the aggrieved party will be authorized to proceed with 1550 the filing of a lawsuit against you without further 1551 notice and may seek an award of attorneyattorney’s1552 fees or costs incurred in attempting to obtain 1553 mediation. 1554 1555 Therefore, please give this matter your immediate 1556 attention. By law, your response must be mailed by 1557 certified mail, return receipt requested, and by 1558 first-class mail to the address shown on this demand. 1559 1560 ........................ 1561 ........................ 1562 1563 RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR 1564 AGREEMENT TO THAT CHOICE. 1565 1566 AGREEMENT TO MEDIATE 1567 The undersigned hereby agrees to participate in 1568 presuit mediation and agrees to attend a mediation 1569 conducted by the following mediator or mediators who 1570 are listed above as individualssomeonewho would be 1571 acceptable to mediate this dispute: 1572 1573 (List acceptable mediator or mediators.) 1574 1575 I/we further agree to pay or prepay one-half of the 1576 mediator’s fees and to forward such advance deposits 1577 as the mediator may require for this purpose. 1578 1579 ........................ 1580 Signature of responding party #1 1581 1582 ........................ 1583 Telephone contact information 1584 1585 ........................ 1586 Signature and telephone contact information of 1587 responding party #2 (if applicable)(if property is 1588 owned by more than one person, all owners must sign) 1589 1590 2. The statutory demand must also contain the following 1591 statement in capitalized, bold letters in a font size larger 1592 than any other used in the statutory demand: A PERSON WHO FAILS 1593 OR REFUSES TO PARTICIPATE IN THE ENTIRE PRESUIT MEDIATION 1594 PROCESS IS PROHIBITED FROM RECOVERING ATTORNEY FEES AND COSTS IN 1595 SUBSEQUENT LITIGATION RELATING TO THE DISPUTE. 1596 (b) Service of the statutory demand to participate in 1597 presuit mediation shall be effected by sending a letter in 1598 substantial conformity with the above form by certified mail, 1599 return receipt requested, with an additional copy being sent by 1600 regular first-class mail, to the address of the responding party 1601 as it last appears on the books and records of the association. 1602 The responding party has 3020days afterfromthe date of the 1603 mailing of the statutory demand to serve a response to the 1604 aggrieved party in writing. The response must be sentshall be1605servedby certified mail, return receipt requested, with an 1606 additional copy being sent byregularfirst-class mail, to the 1607 address shown on the statutory demand. Notwithstanding the 1608 foregoing, once the parties have agreed on a mediator, the 1609 mediator may schedulereschedulethe mediation for a date and 1610 time mutually convenient to the parties. Each proposed mediator 1611 must be available to hold the mediation in the county in which 1612 the parcel is located or within 40 miles of the parcel without 1613 charging extra for travel-related costs. If a presuit mediation 1614 session cannot be scheduled and concluded within 90 days after 1615 the date of acceptance of presuit mediation and there is no 1616 agreement between the parties to extend the 90-day deadline, the 1617 aggrieved party may file an action in court. The parties shall 1618 share equally the costs of presuit mediationequally, including 1619 the fee charged by the mediator, if any, unless the parties 1620 agree otherwise, and the mediator may require advance payment of 1621 its reasonable fees and costs. The failure of any party to 1622 respond to a demand or response, to agree upon a mediator, to 1623 make payment of fees and costs within the time established by 1624 the mediator, or to appear for a scheduled mediation session 1625 without the approval of the mediator, constitutesshall1626constitutethe failure or refusal to participate in the 1627 mediation process and operatesshall operateas an impasse in 1628 the presuit mediation by such party, entitling the other party 1629 to proceed in court and to seek an award of the costs and fees 1630 associated with the mediation. Additionally, notwithstandingthe1631provisions ofany other law or document, persons who fail or 1632 refuse to participate in the entire mediation process may not 1633 recover attorneyattorney’sfees and costs in subsequent 1634 litigation relating to the dispute.If any presuit mediation1635session cannot be scheduled and conducted within 90 days after1636the offer to participate in mediation was filed, an impasse1637shall be deemed to have occurred unless both parties agree to1638extend this deadline.1639 (c) If presuit mediation as described in paragraph (a) is 1640 not successful in resolving all issues between the parties, any 1641 partythe partiesmay file an action regarding the unresolved 1642 dispute in a court of competent jurisdiction or elect to enter 1643 into binding or nonbinding arbitration pursuant to the 1644 procedures set forth in s. 718.1255 and rules adopted by the 1645 division, with the arbitration proceeding to be conducted by a 1646 department arbitrator or by a private arbitrator certified by 1647 the department. If all parties do not agree to arbitration 1648 proceedings following an unsuccessful presuit mediation, any 1649 party may file the dispute in court. A final order resulting 1650 from nonbinding arbitration is final and enforceable in the 1651 courts if a complaint for trial de novo is not filed in a court 1652 of competent jurisdiction within 30 days after entry of the 1653 order. As to any issue or dispute that is not resolved at 1654 presuit mediation, and as to any issue that is settled at 1655 presuit mediation but is thereafter subject to an action seeking 1656 enforcement of the mediation settlement, the prevailing party in 1657 any subsequent arbitration or litigation proceeding shall be 1658 entitled to seek recovery of all costs and attorneyattorney’s1659 fees incurred in the presuit mediation process. 1660 (d) The parties may agree to a mediator or arbitrator who 1661 is not certified by the Florida Supreme Court. Unless such 1662 mediator or arbitrator is agreed upon, a mediator or arbitrator 1663 may notshall be authorized toconduct mediation or arbitration 1664 under this section unlessonly ifhe or she has been certified 1665 as a circuit court civil mediator or arbitrator, respectively, 1666 pursuant to the requirements established by the Florida Supreme 1667 Court. Settlement agreements resulting from mediation mayshall1668 not have precedential value in proceedings involving parties 1669 other than those participating in the mediation to support 1670 either a claim or defense in other disputes. 1671 (e) The presuit mediation procedures provided by this 1672 subsection may be used by a Florida corporation responsible for 1673 the operation of a community in which the voting members are 1674 parcel owners or their representatives, in which membership in 1675 the corporation is not a mandatory condition of parcel 1676 ownership, or which is not authorized to impose an assessment 1677 that may become a lien on the parcel. 1678 Section 16. This act shall take effect July 1, 2019.