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Regulatory Reform Subcommittee — Meeting Packet, March 8, 2021

Summary

This meeting packet is for the Regulatory Reform Subcommittee of The Florida House of Representatives Commerce Committee, with Chris Sprowls, Speaker, and Bob Rommel, Chair, named on the cover. The committee meeting notice gives Monday, March 08, 2021, 10:00 am to 12:00 pm at Sumner Hall (404 HOB) for consideration of bills that include HB 21 Construction Defects, HB 855 Barber Services, HB 6053 Doorstep Waste Containers, and HB 6073 Individual Wine Containers. The staff analysis of HB 21 states that the bill limits actionable violations of the Florida Building Code to material violations and provides an effective date of July 1, 2021. The text of HB 6073 provides that Section 564.05, Florida Statutes, is repealed.

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“Regulatory Reform Subcommittee — Meeting Packet, March 8, 2021.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-03-08-3101-regulatory-reform-subcommittee-meeting-packets-fn-rrs-6a1b7936ce/, SHA-256 e370818564fd74847bb95ad0c3ca9687d82e81d71321883195ed8ab6f0c27472.

Full text

       Regulatory Reform Subcommittee
                Monday, March 8, 2021
                 10:00 AM - 12:00 PM
                Sumner Hall (404 HOB)




                Meeting Packet




Chris Sprowls                           Bob Rommel
Speaker                                       Chair
                         The Florida House of Representatives
                                           Commerce Committee
                                      Regulatory Reform Subcommittee
 Chris Sprowls                                                                                         Bob Rommel
 Speaker                                                                                                     Chair

                                                    AGENDA

                                           Tuesday, March 8, 2021
                                           Webster Hall (212 Knott)
                                             1:00 PM- 3:00 PM

I.     Call to Order & Roll Call

II.    Welcoming Remarks

III.   Consideration of the following bills(s):

       HB 21 by Rep. Andrade
       Construction Defects

       HB 339 by Rep. Robinson, W
       Business Organizations

       HB 615 by Rep. Rodriguez
       Community Association Assessment Notices

       HB 665 by Rep. McClure
       Homeowners' Association Rental Agreements

       HB 823 by Rep. Mariano
       Alarm System Contractors

       HB 855 by Rep. Morales
       Barber Services

       HB 6053 by Rep. Yarborough
       Doorstep Waste Containers

       HB 6073 by Rep. LaMarca
       Individual Wine Containers

IV.    Adjournment


                 303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
                                         (850) 717-4870 Fax: (850) 410-0096
                                          Committee Meeting Notice
                                                HOUSE OF REPRESENTATIVES




                                           Regulatory Reform Subcommittee

Start Date and Time:                 Monday, March 08, 2021 10:00 am

End Date and Time:                   Monday, March 08, 2021 12:00 pm

Location:                            Sumner Hall (404 HOB)
Duration:                            2.00 hrs


Consideration of the following bill(s):

HB 21 Construction Defects by Andrade
HB 339 Business Organizations by Robinson, W.
HB 615 Community Association Assessment Notices by Rodriguez
HB 665 Homeowners' Association Rental Agreements by McClure
HB 823 Alarm System Contractors by Mariano
HB 855 Barber Services by Morales
HB 6053 Doorstep Waste Containers by Yarborough
HB 6073 Individual Wine Containers by LaMarca



This meeting will be live-streamed on https://thefloridachannel.org/. Persons who wish to attend must
register at www.myfloridahouse.gov, at least three hours before the meeting, and pick up a pass at the
Legislative Welcome Center on the 4th Floor of the Capitol beginning one hour before the start of the
meeting. Audience seating will be socially distanced and will be available on a first-come, first-served basis.
Registration closes three hours before the meeting starts.




                               NOTICE FINALIZED on 03/04/2021 4:03PM by Rigas.Amanda


03/04/2021     04:03:36PM                                     Leagis ®                                            Page 1 of 1
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                                     HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 21   Construction Defects
SPONSOR(S): Andrade and others
TIED BILLS:       IDEN./SIM. BILLS: SB 270

     REFERENCE                                                       ACTION                    ANALYST            STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

     1) Civil Justice & Property Rights Subcommittee                  10 Y, 8 N                Mawn               Jones

     2) Regulatory Reform Subcommittee

     3) Judiciary Committee


                                                         SUMMARY ANALYSIS
A "construction defect" is a deficiency in, or arising out of, the design, specifications, surveying, planning,
supervision, or observation of construction, or the construction, repair, alteration, or remodeling of real property
("property"), and includes a Florida Building Code violation. A property owner, including a subsequent
purchaser or a community association ("claimant"), may bring a civil action alleging a construction defect claim
against the person responsible for the construction defect ("respondent") in a court of competent jurisdiction. A
claimant must bring such an action within four years after project completion or, in the case of a latent defect,
within ten years of certain specified events.

At least 60 days before a claimant may bring a construction defect claim in court, or at least 120 days before
bringing such a claim if it involves an association representing more than 20 parcels, the claimant must serve
written notice of the claim on the respondent. The respondent then has the right to inspect the allegedly
defective property and serve a copy of the notice of claim on any person the respondent believes is
responsible for the alleged defect ("secondary respondent"). The respondent must respond to the notice with a
written settlement offer or a statement disputing the claim. A settlement offer may include an offer to repair the
defect, provide monetary payment, or a combination of both. If the respondent disputes the claim, or makes a
settlement offer but does not timely follow through, the claimant may file suit without further notice.

HB 21 :
   • Limits actionable violations of the Florida Building Code to material violations.
   • Requires a claimant to attempt to resolve a construction defect claim or Florida Building Code violation
        claim under any applicable warranty before sending a notice of claim or commencing legal action.
   • Increases the specificity of detail a claimant must provide in the notice of claim and requires the
        claimant to include photographs of the damage and repair estimates or expert reports.
   • Requires a claimant to affirm in the notice of claim that he or she has personal knowledge of the
        alleged defect and acknowledge that he or she is aware of the penalties for perjury.
   • Requires a claimant to personally sign the notice of claim under penalty of perjury.
   • Mandates that the respondent serve a copy of the notice of claim on each person the respondent
        believes is responsible for the defect.
   • Requires a prevailing claimant to notify any mortgage company with a security interest in the property
        of the claim's outcome and the defect's repair.

The bill may have a positive insignificant fiscal impact on state government. The bill does not have a fiscal
impact on local governments.

The bill provides an effective date of July 1, 2021 .




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0021b.RRS.DOCX
DATE: 3/5/2021
                                                           FULL ANALYSIS

                                                   I. SUBSTANTIVE ANALYSIS

       A. EFFECT OF PROPOSED CHANGES:
            Background

            Florida Building Code

            The Florida Building Code is the statewide building code for all construction in the state. The Florida
            Building Commission (Commission), housed within the DBPR, implements the Florida Building Code.
            The Commission reviews the International Code Council's I-Codes and the National Electric Code
            every three years to determine if it needs to update the Florida Building Code. 1

           Part IV of ch. 553, F.S., is known as the "Florida Building Codes Act," which provides a mechanism for
           the uniform adoption, updating, interpretation, and enforcement of a single, unified state building code
           that must be applied, administered, and enforced uniformly and consistently from jurisdiction to
           jurisdiction. 2 The Florida Building Code is adopted, updated, and interpreted by the Commission, and is
           enforced by local governments. 3

           The main purpose of the Florida Building Code is to regulate new construction or proposed
           modifications to existing structures in order to give the occupants the highest level of safety and the
           least amount of defects. 4 The Florida Building Code sets minimum standards for the design,
           construction, erection, alteration, modification, repair, and demolition of buildings, structures, and
           facilities in the state.

           Construction and Electrical Contractors

           The Legislature has determined that it is "necessary in the interest of the public health, safety, and
           welfare" to regulate the construction, electrical, and alarm system industry. 5

           Construction contractors are either certified by or registered with the Construction Industry Licensing
           Board (CILB). The CILB is housed in DBPR and consists of 18 members who are appointed by the
           Governor and confirmed by the Senate. The CILB is responsible for licensing, regulating, and
           disciplining certified construction contractors. Electrical contractors and alarm system contractors are
           certified by or registered with the Electrical Contractors' Licensing Board (ECLB) . The ECLB is also
           housed in DBPR consists of 11 members who are appointed by the Governor and confirmed by the
           Senate. The ECLB is responsible for licensing, regulating, and disciplining certified electrical and alarm
           system contractors. 6

           The CILB and the ECLB may take action 7 against a certified contractor if they find the contractor is
           guilty of violating the contractor's practice act. Violations include:6



1
    S. 553.73(7), F.S.
2 Sees. 553.72(1), F.S.
3 Ss. 553.72, & 553.73, F.S.
4
 Florida Building Commission , Advanced Florida Building Code Principals, http://www.floridabuildinq.org/Upload/Courses trp/421 -2-
MATERIAL-Adv%20FL%20Bldg%20Code%20-%20Course%20PDF%20version%207.0.pdf (last visited Feb. 9, 2021).
5
  s. 489.101, F.S.
6
  See generally Ch. 489, F.S.
7
  The C!LB and the ECLB may place a contractor on probation, reprimand him or her, revoke or suspend the contractor's certificate or
registration, or deny the issuance of a renewal certificate or registration. The CILB and the ECLB may also require financial
restitution to a consumer for financial harm directly related to a violation, require continuing education, or assess costs associated with
investigation and prosecution. Ss. 489.129(1), 489.533(1), F.S.
8
  Ss. 455.227(l)(k), 489.129(1)(0), and 489.533(1), F.S.
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                •      Abandoning a construction project;
                •      Committing financial mismanagement that causes financial harm to a customer;
                •      Failing to perform any statutory or legal obligation placed upon a licensee;
                •      Falsely indicating that payment has been made for all subcontracted work, labor, and materials
                       which results in a financial loss to the owner, purchaser, or contractor;
                •      Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of
                       adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the
                       ability to practice contracting ; or
                •      Proceeding on a job without obtaining applicable local building department permits and
                       inspections.

           In addition to the CILB or ECLB disciplining a contractor, any licensee responsible for a material Florida
           Building Code violation who failed to correct the violation within a reasonable time may be fined by a
           local jurisdiction at least $500 but no more than $5,000. A failure to pay the fine will result in a
           suspension of the licensee's ability to pull building permits. 9

           A "material violation" is a violation existing within a completed building, structure, or facility which may
           reasonably result, or has resulted, in physical harm to a person or significant damage to the
           performance of a building or its systems. 10

           Statutory Civil Actions

           Any person damaged by a Florida Building Code violation has a civil cause of action against the
           culpable party. 11

           There is no cause of action against a party who did not know and had no reason to know of the
           violation if:

               • The party obtained the required building permit;
               • The party receive government approval of the plans;
               • The construction project passed all required inspections; and
               • There was no personal injury or damage to other property.12
           However, this does not apply if the culpable party knew or should have known that the violation
           existed. 13

           Construction Defect Claims

           A "construction defect" is a deficiency in, or arising out of, the design , specifications, surveying,
           planning, supervision, or observation of construction, or the construction, repair, alteration, or
           remodeling of real property 14 ("property") resulting from:
               • Defective material, products, or components used in the construction or remodeling;
               • A Florida Building Code violation;
               • A failure of real property's design to meet the applicable professional standards of care at the
                  time of governmental approval; or
               • A failure to construct or remodel real property in accordance with accepted trade standards for
                  good and workmanlike construction at the time of construction .15


9
    S. 553.781, F.S.
10 Id.
11 S. 553.84, F.S.
12 /d.
13 /d.
14
   "Real property" means land that is improved and the improvements thereon, including fixtures, manufactured housing, or mobile
homes. S. 558.002(8), F.S .
15 S. 558.002(5), F.S.
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         A property owner, including a subsequent purchaser or a community association 16 ("claimant"), may
         bring a civil action alleging a construction defect claim against the contractor, subcontractor, supplier, or
         design professional 17 responsible for the construction defect ("respondent") in a court of competent
         jurisdiction. 18 A claimant must bring such action within four years after project completion or, in the case
         of a latent defect, 19 within ten years after the date of the later of:
              • Actual possession by the owner;
              • The issuance of a certificate of occupancy;
              • Abandonment of construction if not completed ; or
              • Completion or termination of the contract between the professional engineer, registered
                  architect, or licensed contractor and his or her employer. 20

         Notice of Claim

         Florida law requires a claimant to serve a written notice of claim on the respondent at least 60 days
         before bringing a construction defect claim in court, or at least 120 days before bringing such claim if it
         involves an association representing more than 20 parcels. The notice of claim must describe in
         reasonable detail the alleged defect's nature and, if known, the damage or loss caused by the defect. 21
         The notice of claim must also identify the alleged defect's location with enough detail to allow the
         respondent to easily locate the defect. 22

         Within 10 days after service of the notice of claim, or within 30 days after service if the claim involves
         an association representing more than 20 parcels, the respondent may serve a copy of the notice of
         claim ("notice copy") to each contractor, subcontractor, supplier, or design professional the respondent
         reasonably believes is responsible for each defect specified in the notice ("secondary respondent") and
         must note therein the specific defect for which he or she believes each secondary respondent is
         responsible. 23

         Inspection and Testing

         Within 30 days after service of the notice of claim, or within 50 days after service if the claim involves
         an association representing more than 20 parcels, the respondent has a right to perform a reasonable
         inspection of the property to assess each alleged defect and the extent of any necessary repairs or
         replacements. 24 The claimant must give the respondent reasonable access to the property during
         normal working hours, and the respondent must reasonably coordinate the timing and manner of the
         inspections to minimize the number of inspections. 25 Each secondary respondent is also entitled to
         inspect the property. 26

         If the respondent determines that destructive testing is necessary to reveal the alleged defect's nature
         and cause, the respondent must give the claimant written notice describing the destructive testing to be
         performed, the person chosen to do the testing, the estimated amount of time needed for testing and
         repairs, and the money offered for repair costs. 27 If the claimant objects to the person chosen to


16 "Community associations" are condominium, cooperative, homeowners', and mobile home park homeowners' associations . S.

558.002(2), F.S.
17 A design professional employed by a business entity or an agent thereof is not individually liable for damages resulting from

negligence occurring within the course and scope of a professional services contract under certain conditions . S. 558.0035, F.S.
16 S. 558.004, F.S.
19 A "latent defect" is a hidden or concealed defect that could not be discovered by reasonable and customary observation or inspection

made with ordinary care. Blacks Law Dictionary 611 (6th ed. 1996).
20 S. 95.11 (3)(c), F.S.
21 S. 558.004(1), F.S.
22 Id.
23 S. 558.004(3), F.S.
24 S. 558.004(2), F.S.
2s Id.
26 S. 558.004(3), F.S.
21 S. 558.004(2)(a) and (b), F.S.
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          perform the testing, the respondent must provide the claimant with a list of three qualified persons from
          which the claimant may choose one person to perform the testing .28 Any destructive testing must be
          done at a mutually agreeable time, must not make the property uninhabitable, and does not give the
          party performing the destructive testing or associated repairs construction lien 29 rights unless the
          claimant personally contracts with such party. 30 Additionally, the claimant has a right to observe the
          destructive testing .31 However, if the claimant refuses to allow reasonable destructive testing, the
          claimant loses the right to claim damages which could have been avoided or mitigated by the
          destructive testing .32

          Disclosures

          A claimant and a respondent must exchange, within 30 days after service of a written request, any
          design plans; specifications; photographs and videos of the alleged defect; expert reports describing
          the alleged defect; subcontracts; purchase orders for the allegedly-defective work or materials; and
          maintenance records and other documents related to the alleged defect's discovery, investigation,
          causation, and extent. 33 A party may assert any claim of privilege 34 recognized in state law with respect
          to a requested disclosure.35

          Settlement Offers

          Within 15 days after service of a notice copy, or within 30 days of service if the claim involves an
          association with more than 20 parcels, the secondary respondent must give the respondent a written
          reply. 36 Such reply must include a report, if any, of the scope of any property inspections conducted by
          the secondary respondent and the findings and results of such inspections. 37 Additionally, within 45
          days of service of the notice of claim, or within 75 days of service if the claim involves an association
          representing more than 20 parcels, the respondent must give the claimant a written reply. 38 Such reply
          must include a written:
              • Offer to remedy the alleged defect at no cost to the claimant, a detailed description of proposed
                    repairs, and a timetable for repair completion;
              • Offer to compromise and settle the claim by monetary payment;
              • Offer to compromise and settle the claim by a combination of repairs and monetary payment
                   that includes a detailed description of proposed repairs and a timetable;
              • Statement that the respondent disputes the claim and will not remedy the alleged defect or
                   settle the claim; or
              • Statement that a monetary payment will be determined by the respondent's insurer within 30
                   days after insurer notification. 39

          A claimant who receives a timely settlement offer must accept or reject the offer by serving written
          notice within 45 days after receiving the offer. 40 However, a claimant may, without further notice, bring



28 S. 558 .004(2)
29 Under Part I of ch . 713, F.S. , a contractor, subcontractor, material suppl ier, laborer, or professional (such as an architect or

landscape artist) may claim a lien on a property on or for which such person performed work or provided materials even where such
person does not have a direct contract with the property owner.
30 S. 558 .004(2)(d) , (f) , and (g) , F .S.

31 S. 558.004(2)(e) , F.S.
32
   S. 558.004(2)(9) , F.S.
33 S. 558 .004(15), F.S.
34 A claim of privilege protects certain information from disclosure or discovery. The Florida Evidence Code recognizes certain

privileges, including the lawyer-client privilege , the husband-wife privilege , and the psychotherapist-patient privilege. See ch. 90 , F.S.
35 /d.
36 S. 558 .004(4), F.S.
37 Id.
38 S. 558 .004(5) , F.S.
39 S. 558.004(4) and (5), F.S .

40 S. 558.004(7) , F.S.
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          an action against the respondent if the respondent disputes the claim and will not remedy the alleged
          defect or settle the claim, or does not timely respond to the notice of claim. 41

          If the claimant timely and properly accepts a repair offer, the claimant must give the respondent
          reasonable access to the property during normal working hours to perform the repairs by the agreed-
          upon completion date. 42 If the respondent completes the repairs or makes payment within the agreed
          time and in the agreed manner, the claimant cannot bring an action for the claim .43 However, a claimant
          may, without further notice, bring an action against the respondent if the claimant timely and properly
          accepted a repair or payment offer but the repairs or payment are not made within the agreed time and
          in the agreed manner. 44

          Opt-Out Provision

          The notice and cure provisions of ch. 558 , F.S., described above, do not apply to a construction defect
          claim if the claimant and respondent have agreed in writing to opt out of such provisions. 45 This means
          that, if a contract is silent, the parties to the contract must comply with the notice and cure provisions;
          however, a contract may, by its terms, expressly opt out of such provisions and may provide an
          alternative dispute resolution mechanism applicable to claims arising under the contract.

          New Home Warranties

          New home warranties guarantee the repair or replacement of certain elements of a newly-constructed
          home, if necessary, within a specified time . Builders often back new home warranties ; however,
          builders sometimes purchase warranties from independent companies that assume responsibility for
          the claims, and homeowners may purchase additional coverage from third-party warranty companies. 46

         The duration of coverage offered under a new home warranty varies based on the type of element at
         issue. Most new home warranties cover workmanship and materials, such as drywall and paint, for one
         year after construction. 47 Coverage for elements such as air conditioning, plumbing, and electricity
         typically lasts for two years, and some new home warranties cover major structural defects making a
         home unsafe for up to ten years .48 However, new home warranties typically do not cover expenses a
         homeowner incurs due to a construction defect or repair, such as temporary relocation costs, or
         superficial defects, such as small cracks in tile or cement. 49

         Generally, a new home warranty contract specifies how a claim must be made under the warranty.
         Many new home warranties require mediation 50 of disputed warranty claims, followed by mandatory
         binding arbitration 51 if mediation is unsuccessful. 52

         Notice to Mortgagee or Assignee

         A mortgage is any conveyance, obligation conditioned or defeasible, bill of sale, or other instrument of
         writing conveying or selling property to secure the payment of money.53 In Florida, a mortgage gives the

41 S. 558.004(6), F.S.
42 S. 558.004(8) , F.S.
43 Id.
44 Id.
45 S. 558.005, F .S.
46
   Federal Trade Commission ("FTC"), Warranties for Newly Built Homes, https://www.consumer.ftc.gov/articles/0186-warranties-newly-
built-homes (last visited Feb. 9, 2021 ).
47 Id.
4a Id.
49 Id.
50 Mediation is a process whereby a neutral third person helps the parties discuss and try to voluntarily resolve their dispute.
51
   Mandatory binding arbitration is a process wheret:Jy parties to a contract agree to submit their disputes to a third party instead of to
the courts, and there are no appellate rights.
s2 FTC, supra note 35.
53 S. 697.01(1), F.S.
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          mortgagee or its assignee a specific lien on the property described in the mortgage but does not
          convey legal title or the right of possession to the property to the mortgagee or its assignee.54

         Some mortgage contracts require the mortgagor to notify the mortgagee if the property is damaged.
         Additionally, many payments on a property insurance claim are made out to both the mortgagor and the
         mortgagee, giving the mortgagee notice of property damage even where such notice is not required by
         contract. However, Florida law does not currently require a mortgagor to notify the mortgagee of any
         construction defects to the mortgaged property.

          Effect of the Bill

          Statutory Civil Actions

         The bill limits a statutory civil action, pursuant to s. 553.84, F.S., based on a violation of ch. 553, F.S .,
         or the Florida Building Code to only allow suits based on "material" violations. The bill defines "material
         violation" means a violation that exists within a completed building, structure, or facility which may
         reasonably result, or has resulted, in physical harm to a person or significant damage to the
         performance of a building or a system.

         The bill also requires any person bringing such claim to first submit a claim for the alleged violation
         under any applicable warranty and have such claim denied or an unsatisfactory remedy offered by the
         warranty provider within the time limits provided in the warranty.

         Construction Defect Claims

         Notice of Claim

         The bill prohibits a claimant whose contract is subject to ch. 558, F.S., from filing a notice of claim and
         commencing litigation on a construction defect claim before first submitting a claim for the alleged
         defect under any applicable warranty and having such claim denied or an unsatisfactory remedy
         offered by the warranty provider within the time limits provided in the warranty.

         The bill also provides that a notice of claim must:
             • Describe the alleged defect and its location in specific (instead of "reasonable") detail.
             • Include any repair estimates or expert reports the claimant obtained relating to the alleged
                  defect and , if the alleged defect is visible, at least one photograph of such defect.
             • Affirm the claimant has personal knowledge of the alleged defect.
             • Acknowledge the claimant is aware of the penalties for perjury. 55
             • Be signed by the claimant directly below a statement declaring that, under penalty of perjury,
                  the claimant has read the notice of claim and the facts alleged are true to the best of his or her
                  knowledge or belief.

         Further, the bill requires a respondent to serve a notice copy on any secondary respondent and
         provides that a person who willfully includes a false statement in the notice of claim commits perjury
         and is subject to punishment as provided by law.

         Inspection and Testing

         The bill expressly provides that a secondary respondent may perform a reasonable inspection of the
         property and that a respondent must reasonably coordinate the timing of any property inspections with



54 S. 697.02, F.S.
55 Perjury is a false statement made under oath. Perjury not in an official proceeding is a first degree misdemeanor punishable by up to

one year in the county jail and a $1,000 fine . Ss. 775.082, 775.083, and 837.012, F.S.
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        the secondary respondents to minimize the number of inspections. The bill also expressly requires a
        claimant to give a secondary respondent reasonable access to the property for defect inspections.

        Disclosures

       The bill modifies what the claimant and the respondent must exchange upon written request prior to the
       filing of a construction defect claim to exclude photographs and expert reports already provided in the
       notice of claim, so that the claimant does not have to make such disclosures twice .

        Notice to Mortgagee or Assignee

       The bill provides that, if a construction defect claim results in a monetary settlement or judgment in the
       claimant's favor, and a mortgagee or assignee has a security interest in the real property related to the
       claim, the claimant must, within 90 days, send written notice to the mortgagee or assignee of:
            • The defect's specific nature;
            • The claim's outcome , including the amount of any monetary settlement reached or judgment
                awarded; and
            • Whether the defect was repaired and a repair description or, if repairs have not begun, the
                anticipated repair start date.

       If defect repairs are completed after the claimant sends such notice, the bill requires the claimant to
       supplement the notice within 30 days of repair completion.

       The bill provides an effective date of July 1, 2021 .

    B. SECTION DIRECTORY:
       Section 1: Amends s. 553.84 , F.S., relating to statutory civil action.
       Section 2: Amends s. 558.004, F.S., relating to notice and opportunity to repair.
       Section 3: Creates s. 558.006, F.S., relating to notice to mortgagee or assignee.
       Section 4: Provides an effective date of July 1, 2021 .

                        II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill may have a positive insignificant impact on state government, as it may reduce the number
           of construction defect claims and statutory claims filed in the state court system.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues :
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:


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           The bill may reduce fraudulent construction defect claims and prevent costly litigation in cases where
           the builder is willing to repair the defect, resulting in savings for builders and contractors. However, the
           bill may increase costs to homeowners unable to bring civil actions and recover damages for
           "immaterial" Florida Building Code violations and who may, consequently, bear the cost of repairing any
           damage themselves.
         D. FISCAL COMMENTS:
            None.

                                                          111. COMMENTS

         A CONSTITUTIONAL ISSUES:

            1. Applicability of Municipality/County Mandates Provision:
              Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
              action requiring the expenditures of funds; reduce the authority that counties or municipalities have
              to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
              municipalities.

           2. Other:
              The Florida Constitution provides that "[t]he courts shall be open to every person for redress of any
              injury, and justice shall be administered without sale, denial or delay."56 In Kluger v. White, 281 So.
              2d 1 (Fla. 1973), the Florida Supreme Court established a test to determine when the Legislature
              may restrict a judicial remedy. Where citizens have had a historical right of access to the courts,
              whether through statute or common law, 57 the Legislature can only eliminate a judicial remedy under
              two circumstances. First, if it asserts a valid public purpose, the Legislature may restrict access to
              the courts if it provides a reasonable alternative to litigation.58 Second, if the Legislature finds that
              there is an overpowering public necessity and that there is no alternative method for meeting that
              necessity, it may restrict access to the courts. 59

              Section 553.84, F.S., created a statutory civil cause of action for certain violations of ch. 553, F.S.,
              and the Florida Building Code. The bill limits actionable violations to only "material" violations.
              However, because s. 553.84, F.S., was not effective until 1974 - after the 1968 Florida Constitution's
              Declaration of Rights was adopted - there is no "historical right of access to the courts" in this area
              under Kluger, thus, the Legislature may restrict the right.

         8. RULE-MAKING AUTHORITY:
           None.

         C. DRAFTING ISSUES OR OTHER COMMENTS:
           None.


                                IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




se Art. I, s. 21, Fla. Const.
57
  A historical right of access to the courts is a right provided by statutory law predating the adoption of the Florida Constitution's
Declaration of Rights in 1968 or a right now part of the state's common law that existed in common law as of July 4, 1776. See Kluger,
281 So. 2d at 4 .
58 fd.
ss Id.
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        HB 21                                                                 2021




 1                                         A bill to be entitled
 2              An act relating to construction defects; amending s.
 3              553. 84, F. S.; defining the term "material violation";
 4              revising cause of action requirements for statutory
 5              civil actions relating to certain violations;
 6              providing requirements for bringing a cause of action;
 7              amending s. 558.004, F.S.; requiring that a claimant
 8              submit a construction defect claim to the warranty
 9              provider before serving a notice of claim; providing
10              applicability; revising requirements for notices of
11              claims; providing that a person who willfully includes
12              a false statement in a notice of claim commits
13              perjury; authorizing a person served with a copy of a
14              notice of claim to perform a reasonable inspection of
15              the property subject to the claim; requiring, instead
16              of authorizing, a person served with a notice to serve
17              a copy of the notice to specified persons under
18              certain circumstances; creating s. 558.006, F.S.;
19              requiring a claimant to notify a mortgagee or an
20              assignee within a specified timeframe after a
21              settlement or judgment of a construction defect claim;
22              providing notice requirements; requiring a claimant to
23              update the notice within a specified timeframe under
24              certain circumstances; providing an effective date.
25

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        HB 21                                                                                       2021




26      Be It Enacted by the Legislature of the State of Florida:
27
28               Section 1.         Section 553.84, Florida Statutes,              is amended to
29       read:
30               553.84      Statutory civil action.-
31               (1)    For purposes of this section,                   the term "material
32      violation" means a violation that exists within a completed
33      building, structure, or facility which may reasonably result, or
34      has resulted,          in physical harm to a person or significant damage
35      to the performance of a building or a system.
36               Jll.   Notwithstanding any other remedies available, any
37      person or party,            in an individual capacity or on behalf of a
38      class of persons or parties, damaged as a result of a material
39      violation of this part or the Florida Building Code, has a cause
40      of action in any court of competent jurisdiction against the
41      person or party who committed the violation~T However,                            if the
42      person or party obtains the required building permits and any
43      local government or public agency with authority to enforce the
44      Florida Building Code approves the plans, if the construction
45      project passes all required inspections under the code, and if
46      there is no personal injury or damage to property other than the
47      property that is the subject of the permits, plans,                         and
48      inspections,         this section does not apply unless the person or
49      party knew or should have known that the violation existed.
50               (3)    A person or party may bring a cause of action under

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         HB 21                                                                            2021




51       this section only after the person or party has submitted a
52      claim for the alleged material violation under an applicable
53      warranty and the warranty provider denies the claim or offers a
54       remedy that is unsatisfactory to the person or party within the
55      time limits provided in the warranty.
56               Section 2.        Subsections           (1) through (4) and subsection (15)
57      of section 558.004, Florida Statutes, are amended to read:
58               558.004       Notice and opportunity to repair.-
59               ( 1) (a)    In actions brought alleging a construction defect,
60      the claimant shall, at least 60 days before filing any action,
61      or at least 120 days before filing an action involving an
62      association representing more than 20 parcels, serve written
63      notice of claim on the contractor, subcontractor, supplier, or
64      design professional, as applicable, which notice shall refer to
65      this chapter. If the construction defect claim arises from work
66      performed under a contract, the written notice of claim must be
67      served on the person with whom the claimant contracted. However,
68      the notice of claim may be served only after the claimant
69      properly submits a claim for the alleged construction defect
70      under an applicable warranty and the warranty provider denies
71      the claim or offers a remedy that is unsatisfactory to the
72      claimant within the time limit provided in the warranty. This
73      chapter provides a notice process for a construction defect
74      claim that has been denied or not otherwise satisfied under an
75      applicable warranty .

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          HB 21                                                                           2021




 76               (b)    The notice of claim must:
 77               1.    Describe in specific reasonable detail the nature of
 78       each alleged construction defect~ -afia-
 79               2.    If the alleged construction defect or evidence thereof
 80       is vi s i b l e, i ncl ude a t leas t on e phot o g ra ph o f t he al l eged
 81      defect or evidence thereof, any repair estimates or expert
 82       reports obtained relating to the alleged defect, and a
 83      description of, if known, the damage or loss resulting from the
 84      alleged defect, if known.
 85               3.    Based upon at least a visual inspection by the claimant
 86      or its agents, the notice of elaiffi must identify the specific
 87      location of each alleged construction defect sufficiently to
 88      enable the responding parties to locate the alleged defect
 89      without undue burden. The claimant has no obligation to perform
 90      destructive or other testing for purposes of this notice.
 91               4.    Affirm that the claimant has personal knowledge of the
 92      all ege d construction defect.
 93               5.    Acknowledge that the claimant is aware of the penalties
 94      for perjury imposed under chapter 837.
 95               6.    Be signed b y the claimant and include the following
 96      statement directly above the claimant's signature line in 18-
 97      point uppercase and boldfaced type:
 98
 99      UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE
100      FOREGOING STATEMENT AND THE FACTS ALLEGED ARE TRUE TO THE BEST

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         HB 21                                                                                  2021




101      OF MY KNOWLEDGE AND BELIEF.
102
103               (c)    A person who willfully includes a false statement in
104      the notice of claim under this section commits perjury and, upon
105      conviction,          is subject to punishment as provided by law.
106              li.2._-tet   The claimant shall endeavor to serve the notice of
107      claim within 15 days after discovery of an alleged construction
108      defect, but the failure to serve notice of claim within 15 days
109      does not bar the filing of an action, subject to s. 558.003.
110      This subsection does not preclude a claimant from filing an
111      action sooner than 60 days, or 120 days as applicable, after
112      service of written notice as expressly provided in subsection
113       (6), subsection (7), or subsection (8).
114              ~+a+         A notice of claim served under pursuant to this
115      chapter shall not toll any statute of repose period under
116      chapter 95.
117               (2)    Within 30 days after service of the notice of claim,
118      or within 50 days after service of the notice of claim involving
119      an association representing more than 20 parcels,                    ~   -Hte person
120      served with the notice of claim under subsection (1), or a copy
121      thereof under subsection (3), may is entitled to perform a
122      reasonable inspection of the property or of each unit subject to
123      the claim to assess each alleged construction defect. An
124      association's right to access property for either maintenance or
125      repair includes the authority to grant access for the

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126       inspection. The claimant shall provide the person served with
127      notice under subsection (1), or a copy thereof under subsection
128      llL_ and such person's contractors or agents reasonable access
129      to the property during normal working hours to inspect the
130      property to determine the nature and cause of each alleged
131      construction defect and the nature and extent of any repairs or
132      replacements necessary to remedy each defect. The person served
133      with notice under subsection (1), or a copy thereof under
134      subsection (3), shall reasonably coordinate the timing and
135      manner of any and all inspections with the claimant to minimize
136      the number of inspections. The inspection may include
137      destructive testing by mutual agreement under the following
138      reasonable terms and conditions:
139               (a)    If the person served with notice under subsection (1)
140      determines that destructive testing is necessary to determine
141      the nature and cause of the alleged defects, the -s-tl-eft person
142      must shall notify the claimant in writing.
143               (b)    The notice describes shall describe the destructive
144      testing to be performed, the person selected to do the testing,
145      the estimated anticipated damage and repairs to or restoration
146      of the property resulting from the testing, the estimated amount
147      of time necessary for the testing and to complete the repairs or
148      restoration, and the financial responsibility offered for
149      covering the costs of repairs or restoration.
150              (c)     If the claimant promptly objects to the person

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          HB 21                                                                 2021




151       selected to perform the destructive testing, the person served
152      with notice under subsection (1) must shall provide the claimant
153      with a list of three qualified persons from which the claimant
154      may select one such person to perform the testing. The person
155       selected to perform the testing operates shall operate as an
156      agent or subcontractor of the person served with notice under
157      subsection (1) and shall communicate with, submit any reports
158      to, and be solely responsible to the person served with notice.
159               (d)    The testing must shall be done at a mutually agreeable
160      time.
161               (e)    The claimant or a representative of the claimant may
162      be present to observe the destructive testing.
163               (f)    The destructive testing may shall not render the
164      property uninhabitable.
165               (g)    There are shall be no construction lien rights under
166      part I of chapter 713 for the destructive testing caused by a
167      person served with notice under subsection (1) or for restoring
168      the area destructively tested to the condition existing before
169      prior to testing, except to the extent the owner contracts for
170      the destructive testing or restoration.
171
172      If the claimant refuses to agree and thereafter permit
173      reasonable destructive testing, the claimant has shall have no
174      claim for damages which could have been avoided or mitigated had
175      destructive testing been allowed when requested and had a

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         HB 21                                                                  2021




176       feasible remedy been promptly implemented.
177               (3)    Within 10 days after service of the notice of claim,
178      or within 30 days after service of the notice of claim involving
179      an association representing more than 20 parcels, the person
180      served with notice under subsection (1) must ffiaY serve a copy of
181      the notice of claim to each contractor, subcontractor, supplier,
182      or design professional whom it reasonably believes is
183      responsible for each defect specified in the notice of claim and
184      shall note the specific defect for which it believes the
185      particular contractor, subcontractor, supplier, or design
186      professional is responsible. The notice described in this
187      subsection may not be construed as an admission of any kind.
188      Each such contractor, subcontractor, supplier, and design
189      professional may inspect the property as provided in subsection
190       (2) •

191               (4)    Within 15 days after service of a copy of the notice
192      of claim under pursuant to subsection (3), or within 30 days
193      after service of the copy of the notice of claim involving an
194      association representing more than 20 parcels, the contractor,
195      subcontractor, supplier, or design professional must serve a
196      written response to the person who served a copy of the notice
197      of claim. The written response must include a report, if any, of
198      the scope of any inspection of the property and the findings and
199      results of the inspection. The written response must include one
200      or more of the offers or statements specified in paragraphs

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          HB 21                                                                2021




201       ( 5) (a) - ( e) , as chosen by the responding contractor,
202       subcontractor, supplier, or design professional, with all of the
203       information required for that offer or statement.
204               (15)     Upon request, the claimant and any person served with
205      notice under pursuant to subsection (1) shall exchange, within
206       30 days after service of a written request that cites this
207      subsection and includes , ;1hich request must cite this subsection
208      and include an offer to pay the reasonable costs of
209      reproduction, any design plans, specifications, and as-built
210      plans; videos and additional photographs and videos of the
211      alleged construction defect identified in the notice of claim;
212      expert reports not already provided which -t-fta-t- describe any
213      defect upon which the claim is made; subcontracts; purchase
214      orders for the work that is claimed defective or any part of
215      such materials; and maintenance records and other documents
216      related to the discovery, investigation, causation, and extent
217      of the alleged defect identified in the notice of claim and any
218      resulting damages. A party may assert any claim of privilege
219      recognized under the laws of t h e ~ state with respect to any
220      of the disclosure obligations specified in this chapter. In the
221      event of subsequent litigation, any party who fails failed to
222      provide the requested materials is shall be subject to such
223      sanctions as the court may impose for a discovery violation.
224      Expert reports exchanged between the parties may not be used in
225      any subsequent litigation for any purpose, unless the expert, or

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226      a person affiliated with the expert, testifies as a witness or
227      the report is used or relied upon by an expert who testifies on
228      behalf of the party for whom the report was prepared.
229              Section 3.          Section 558.006, Florida Statutes, is created
230      to read:
231              558.006        Notice to mortgagee or assignee.-
232               (1)    If a notice of claim alleging a construction defect
233      under this chapter results in a monetary settlement or judgment
234      in favor of the claimant, and a mortgagee or an assignee has a
235      security interest in the real property subject to the claim, the
236      claimant must, within 90 days after the resolution of the claim,
237      notify the mortgagee or assignee, in writing, all of the
238      following:
239               (a)    The specific nature of the defect.
240               (b)    The outcome of the claim, including the amount of any
241      monetary settlement reached or judgment awarded.
242               (c)    Whether the defect has been repaired and a description
243      of any repairs made or, if repairs have not yet begun, the
244      anticipated date on which the repairs will begin.
245               (2)    If repairs relating to the defect are completed after
246      the claimant notifies the mortgagee or assignee as required
247      under subsection (1), the claimant must update the notice within
248      30 days after completion of the repairs.
249              Section 4.         This act shall take effect July 1, 2021.



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                       REGULATORY REFORM SUBCOMMITTEE

                                  HB 21 by Rep. Andrade
                                   Construction Defects

                                 AMENDMENT SUMMARY
                                     March 8, 2021


Amendment 1 by Rep. Andrade (strike-all):
The amendment:
   • Provides that the construct defection alternative dispute resolution process provided in
      current law, does not apply unless the parties agree to opt in to the dispute resolution
      process.
   • Changes the statutory standard for a cause of action based on a Building Code violation
      by removing the provision that allowed causes of action if the contractor or licensee
      knew or should have known of the violation.
   • Clarifies that prior to bringing an action, if an applicable warranty exists then a person
      has to submit a construction defect claim under an applicable warranty prior to serving a
      notice of claim.
   • Provides that a claimant does not have a cause of action for a construction defect, if the
      contractor offers to fix the repairs at no cost to the claimant within 90 days, and the
      claimant is satisfied with the repairs.
          o Allows a claimant to require the contractor to have an independent qualified third
              party make the repairs.
          o Allows a claimant to bring a cause of action if the claimant determines the repairs
              are unsatisfactory.
          o Tolls any statute of limitations, if the claimant accepts the contractor's offer.
   • Provides that any applicable statute of limitations are tolled, if a claimant submits a
      construction defect claim under an existing applicable warranty.
   • Requires a claimant to send a notice of claim alleging a construction defect and the
      resolution of the claim to a mortgagee or assignee within a certain time-period.
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 21   (2021)
       Amendment No. 1.




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/0 OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:         Regulatory Reform
 2     Subcommittee
 3     Representative Andrade offered the following:
 4
 5             Amendment (with title amendment)
 6             Remove everything after the enacting clause and insert:
 7
 8             Section 1.    Section 553.84, Florida Statutes, is amended to
 9     read:
10             553.84    Statutory civil action.-
11             ( 1)   For purposes of this section, the term "material
12     violation" means a violation that exists within a completed
13     building structure, or facility which may reasonably result, or
14     has resulted, in personal injury to a person or significant
15     damage to the performance of a building or its system.
16             J1.l   Notwithstanding any other remedies available, any
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 21   (2021)
       Amendment No. 1 .



17     person or party, in an individual capacity or on behalf of a
18     class of persons or parties, damaged as a result of a material
19     violation of this part or the Florida Building Code, has a cause
20     of action in any court of competent jurisdiction against the
21     person or party who committed the violation~T However, if the
22     person or party obtains the required building permits and any
23     local government or public agency with authority to enforce the
24     Florida Building Code approves the plans, if the construction
25     project passes all required inspections under the code, and if
26     there is no personal injury or damage to property other than the
27     property that is the subject of the permits, plans, and
28     inspections, this section does not apply unless the violation
29     resulted in significant damage to the property that is the
30     subject of the permits , plans, and inspections or may reasonably
31     result in personal injury to a person or significant damage to
32     the performance of a building or its system the person or party
33     knew or should have known tha t   t he violation existed .
34          (3)   If a defect is covered under an existing applicable
35     warranty, a person or party may bring a cause of action under
36     this section only after the person or party has submitted a
37     written notice of claim for the alleged material violation under
38     an existing applicable warranty and the warranty provider denies
39     the claim or offers a remedy that is unsatisfactory to the
40     person or party within the time limits provided in the warranty.
41          Section 2.     Section 558.001, Florida Statutes, is amended
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 21   (2021)
       Amendment No. 1.



42     to read:
43          558.001   Legislative findings and declaration.-The
44     Legislature finds that it is beneficial to have a statutorily
45     defined aft alternative method to resolve construction disputes
46     that would reduce the need for litigation as well as protect the
47     rights of property owners. An effective alternative dispute
48     resolution mechanism in certain construction defect matters
49     should involve the claimant filing a notice of claim with the
50     contractor, subcontractor, supplier, or design professional that
51     the claimant asserts is responsible for the defect, and should
52     provide the contractor, subcontractor, supplier, or design
53     professional, and the insurer of the contractor, subcontractor,
54     supplier, or design professional, with an opportunity to resolve
55     the claim through confidential settlement negotiations without
56     resort to further legal process. If an agreement to provide
57     construction services does not incorporate the dispute
58     resolution mechanism provided in this chapter, or if the parties
59     do not voluntarily agree to participate in the dispute
60     resolution process, the Legislature finds that the right of
61     contracting parties to contemplate and provide for the method of
62     dispute resolution they deem to be most beneficial to their own
63     unique circumstances should not be burdened by the statutorily
64     defined dispute resolution mechanism provided in this chapter.
65          Section 3.    Section 558.003, Florida Statutes, is amended
66     to read:

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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 21    (2021)
       Amendment No. 1.



67          558.003   Action; applicabiLit y and compliance.-
68          (1)   Unless a party has entered into an agreement which
69     affirmatively incorporates the dispute resolution mechanism
70     pro v ided i n t hi s c hapter , or a party has voluntarily agreed to
71     participate in the dispute resolution mechanism provided in this
72     chapter, the provisions of s. 558.004 ands. 558.005 do not
73     apply to a cause of action brought by or against a party.
74          J1.l A claimant may not file an action subject to this
75     chapter without first complying with the requirements of this
76     chapter. If a claimant files an action subject to this chapter
77     alleging a construction defect without first complying with the
78     requirements of this chapter, on timely motion by a party to the
79     action the court shall stay the action, without prejudice, and
80     the action may not proceed until the claimant has complied with
81     such requirements. The notice requirement is not intended to
82     interfere with an owner's ability to complete a project that has
83     not been substantially completed. The notice is not required for
84     a project that has not reached the stage of completion of the
85     building or improvement.
86          Section 4.    Subsections (6) through (15) of section
87     558.004, Florida statutes, are renumbered (7) through (16),
88     respectively, subsections (1) through (4) and new subsection
89     (11) and (16) of that section are amended, subsection (6) is
90     added, to read:
91          558.004   Notice and opportunity to repair.-
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 21   (2021)
        Amendment No. 1 .



 92          ( 1) (a)   In actions brought alleging a construction defect,
 93     the claimant shall, at least 60 days before filing any action,
 94     or at least 120 days before filing an action involving an
 95     association representing more than 20 parcels, serve written
 96     notice of claim on the contractor, subcontractor, supplier, or
 97     design professional, as applicable, which notice shall refer to
 98     this chapter. If the construction defect claim arises from work
 99     performed under a contract, the written notice of claim must be
100     served on the person with whom the claimant contracted. However,
101     if a defect is covered under an existing applicable warranty,
102     the notice of claim may be served only after the claimant
103     properly submits a claim for the alleged construction defect
104     under an existing applicable warranty and the warranty provider
105     denies the claim or offers a remedy that is unsatisfactory to
106     the claimant within the time limit provided in the warranty.
107          (b)    The notice of claim must:
108          1.    Describe in specific reasonable detail the nature of
109     each alleged construction defect~ aft€i
110          2.    If the alleged construction defect or evidence thereof
111     is visible, include at least one photograph of the alleged
112     defect or evidence thereof, any repair estimates or expert
113     reports obtained relating to the alleged defect, and a
114     description of, if known, the damage or loss resulting from the
115     alleged defect, if known.
116          3.    Based upon at least a visual inspection by the claimant
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                                                     Bill No. HB 21    (2021)
        Amendment No. 1.



117     or its agents, the notice of claiffi ffiUSt identify the specific
118     location of each alleged construction defect sufficiently to
119     enable the responding parties to locate the alleged defect
120     without undue burden. The claimant has no obligation to perform
121     destructive or other testing for purposes of this notice.
122          4.    Affirm that the claimant has personal knowledge of the
123     alleged construction defect.
124          5.    Acknowledge that the claimant is aware of the penalties
125     for perjury imposed under chapter 837.
126          6.    Be signed by the claimant and include the following
127     statement directly above the claimant's signature line in 18-
128     point uppercase and boldfaced type:
129
130     UNDER PENALTY OF PERJURY, I DECLARE THAT I HAVE READ THE
131     FOREGOING STATEMENT AND THE FACTS ALLEGED ARE TRUE TO THE BEST
132     OF MY KNOWLEDGE AND BELIEF.
133
134          (c)   A person who willfully includes a false statement in
135     the notice of claim under this section commits perjury and, upon
136     conviction, is subject to punishment as provided by law.
137          ~+et      The claimant shall endeavor to serve the notice of
138     claim within 15 days after discovery of an alleged construction
139     defect, but the failure to serve notice of claim within 15 days
140     does not bar the filing of an action, subject to s. 558.003.
141     This subsection does not preclude a claimant from filing an

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142      action sooner than 60 days, or 120 days as applicable, after
143      service of written notice as expressly provided in subsection
144      JJJ.. +6+,   subsection~ -R+, or subsection J.11 +s+.
145            ~-fe:t    A notice of claim served under pursuant to this
146      chapter shall not toll any statute of repose period under
147      chapter 95.
148             (2)   Within 30 days after service of the notice of claim,
14 9     or within 50 days after service of the notice of claim involving
150      an association representing more than 20 parcels,    ~   -t-fte person
151      served with the notice of claim under subsection (1) , or a copy
152      thereof under subsection (3), may is entitled to perform a
153      reasonable inspection of the property or of each unit subject to
154      the claim to assess each alleged construction defect. An
155      association's right to access property for either maintenance or
156      repair includes the authority to grant access for the
157      inspection. The claimant shall provide the person served with
158      notice under subsection (1), or a copy thereof under subsection
159      J.l..l.L and such person's contractors or agents reasonable access
160      to the property during normal working hours to inspect the
161      property to determine the nature and cause of each alleged
162      construction defect and the nature and extent of any repairs or
163      replacements necessary to remedy each defect. The person served
164      with notice under subsection (1), or a copy thereof under
165      subsection (3), shall reasonably coordinate the timing and
166      manner of any and all inspections with the claimant to minimize

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167     the number of inspections. The inspection may include
168     destructive testing by mutual agreement under the following
169     reasonable terms and conditions:
170             (a)   If the person served with notice under subsection (1)
171     determines that destructive testing is necessary to determine
172     the nature and cause of the alleged defects, the -etteft person
173     must shall notify the claimant in writing.
174             (b)   The notice describes shall describe the destructive
175     testing to be performed, the person selected to do the testing,
176     the estimated anticipated damage and repairs to or restoration
177     of the property resulting from the testing, the estimated amount
178     of time necessary for the testing and to complete the repairs or
179     restoration, and the financial responsibility offered for
180     covering the costs of repairs or restoration.
181             (c)   If the claimant promptly objects to the person
182     selected to perform the destructive testing, the person served
183     with notice under subsection (1) must shall provide the claimant
184     with a list of three qualified persons from which the claimant
185     may select one such person to perform the testing. The person
186     selected to perform the testing operates shall operate as an
187     agent or subcontractor of the person served with notice under
188     subsection (1) and shall communicate with, submit any reports
189     to, and be solely responsible to the person served with notice.
190             (d)   The testing must shall be done at a mutually agreeable
191     time.

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192          (e)   The claimant or a representative of the claimant may
193     be present to observe the destructive testing.
194          (f)   The destructive testing may shall not render the
195     property uninhabitable.
196          (g)   There are shall be no construction lien rights under
197     part I of chapter 713 for the destructive testing caused by a
198     person served with notice under subsection (1) or for restoring
199     the area destructively tested to the condition existing before
200     prior to testing, except to the extent the owner contracts for
201     the destructive testing or restoration.
202
203     If the claimant refuses to agree and thereafter permit
204     reasonable destructive testing, the claimant has shall have no
205     claim for damages which could have been avoided or mitigated had
206     destructive testing been allowed when requested and had a
207     feasible remedy been promptly implemented.
208          (3)   Within 10 days after service of the notice of claim,
209     or within 30 days after service of the notice of claim involving
210     an association representing more than 20 parcels, the person
211     served with notice under subsection (1) must may serve a copy of
212     the notice of claim to each contractor, subcontractor, supplier,
213     or design professional whom it reasonably believes is
214     responsible for each defect specified in the notice of claim and
215     shall note the specific defect for which it believes the
216     particular contractor, subcontractor, supplier, or design

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217     professional is responsible. The notice described in this
218     subsection may not be construed as an admission of any kind.
219     Each such contractor, subcontractor, supplier, and design
220     professional may inspect the property as provided in subsection
221     (2).

222            (4)   Within 15 days after service of a copy of the notice
223     of claim under pursuant to subsection (3), or within 30 days
224     after service of the copy of the notice of claim involving an
225     association representing more than 20 parcels, the contractor,
226     subcontractor, supplier, or design professional must serve a
227     written response to the person who served a copy of the notice
228     of claim. The written response must include a report, if any, of
229     the scope of any inspection of the property and the findings and
230     results of the inspection. The written response must include one
231     or more of the offers or statements specified in paragraphs
232     (5) (a)-(e), as chosen by the responding contractor,
233     subcontractor, supplier, or design professional, with all of the
234     information required for that offer or statement.
235            (6)   A claimant may not file an action subject to this
236     chapter if the person served with the notice under subsection
237     (1) offers to remedy the alleged construction defect at no cost
238     to the claimant, and completes the repairs within 90 days of the
239     claimant accepting the offer.
240            (a)   The claimant may require the person served with the
241     notice to have an independent qualified third party make the

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242      repairs. The claimant may not deny access to the property to an
243      independent qualified third party hired by the person served
244      with the notice.
245           (b)     A claimant is not barred from filing an action subject
246      to this chapter or to accept another offer to repair, if the
247      claimant determines the repairs are unsatisfactory.
248           (c)     If a claimant accepts an offer to repair, it tolls the
249      applicable statute of limitations relating to any person covered
250      by this chapter, and any bond surety, until 90 days after the
251      claimant accepts the offer.
252           J..lll-f-±-G-t- A claimant's service of a notice of claim for the
253      alleged construction defect under an existing applicable
254      warranty or the written notice of claim under subsection (1)
255      tolls the applicable statute of limitations relating to any
256      person covered by this chapter and any bond surety until the
257      later of:
258           (a) Ninety days, or 120 days, as applicable, after service
259      of a notice of claim for the alleged construction defect under
260      an existing applicable warranty or the written the notice of
2 61     claim pursuant to subsection (1); or
262           (b) Thirty days after the end of the repair period or
263      payment period stated in the offer, if the claimant has accepted
264      the offer. By stipulation of the parties, the period may be
265      extended and the statute of limitations is tolled during the
266      extension.

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267          J.1....§J__-t±-S+   Upon request, the claimant and any person served
268     with notice under pursuant to subsection (1) shall exchange,
269     within 30 days after service of a written request that cites
270     this subsection and includes , which request must cite this
271     subsection and include an offer to pay the reasonable costs of
272     reproduction, any design plans, specifications, and as-built
273     plans; videos and additional photographs and videos of the
274     alleged construction defect identified in the notice of claim;
275     expert reports not already provided which~ describe any
276     defect upon which the claim is made; subcontracts; purchase
277     orders for the work that is claimed defective or any part of
278     such materials; and maintenance records and other documents
279     related to the discovery, investigation, causation, and extent
280     of the alleged defect identified in the notice of claim and any
281     resulting damages. A party may assert any claim of privilege
282     recognized under the laws of the -t-fl-:i:-s- state with respect to any
283     of the disclosure obligations specified in this chapter. In the
284     event of subsequent litigation, any party who fails failed to
285     provide the requested materials is shall be subject to such
286     sanctions as the court may impose for a discovery violation.
287     Expert reports exchanged between the parties may not be used in
288     any subsequent litigation for any purpose, unless the expert, or
289     a person affiliated with the expert, testifies as a witness or
290     the report is used or relied upon by an expert who testifies on
291     behalf of the party for whom the report was prepared.

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2 92            Section 5.      Subsections ( 1) ,    ( 5) , and ( 6) of section
293      558.005, Florida Statutes, are amended to read:
294              558.005     Contract provisions; application.-
295              (1)     Unless a claimant and a potential defendant have
296      agreed in writing to opt in to out of the requirements of this
297      section, the dispute resolution mechanism provided in provisions
298      e-f. this chapter shall not apply to any claim for legal relie f

299      for which the agreement to make the improvement was made after
300      October 1, 2021 ~ ' and for which the basis of the claim is a
301      construction defect that has arisen after completion of a
302      building or improvement.
303              (5)     Notwithstanding the notice requirements of this
304      section for contracts entered into on or after October 1, 2021
305      ±G-&6, this chapter applies to all actions accruing before
306      October J.u-±-y 1, 2021 ±B-G-4-, but not yet commenced as of October
307      J.u-±-y 1,    2021 ±B-G-4-, and failure to include such notice
308      requirements in a contract entered into before Oc t obe r J.u-±-y 1,
309      2021 -2--8-G-4, does not operate to bar the procedures of this
310      chapter from applying to all such actions.
311              (6)     Notwithstanding s. 558.003, unless the parties agree
312      that this chapter does not apply , after October 1, 2021 ~ '
313      for the dispute resolution mechanism provided this chapter to
314      apply, any written contract for improvement of real property
315      entered into between an owner and a contractor, or between an
316      owner and a design professional, must contain substantially the
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317     following notice: "ANY CLAIMS FOR CONSTRUCTION DEFECTS ARISING
318     FROM THIS CONTRACT ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS
319     OF CHAPTER 558, FLORIDA STATUTES." The failure to include in the
320     contract the notice provided in this subsection does not
321     prohibit subject the contracting owner, contractor,   or design
322     professional from opting in to the dispute resolution mechanism
323     provided in this chapter to any penalty. The purpose of the
324     contractual notice is to promote awareness of the desire of the
325     parties to utilize the dispute resolution mechanism provided in
326     this chapter procedure, not to be a penalty.
327          Section 6.    Section 558.006, Florida Statutes, is created
328     to read:
329          558.006   Notice to mortgagee or assignee.-
330          (1)    If a notice of claim alleging a construction defect
331     under this chapter is made with respect to real property to
332     which a mortgagee or an assignee has a security interest in the
333     real property, the claimant must, within 30 days after service
334     of the notice of the claim on the contractor, subcontractor,
335     supplier, or design professional, serve the mortgagee or
336     assignee with a copy of the notice of claim, via certified mail
337     return receipt requested.
338          ( 2)   If repairs relating to the defect are completed after
339     the claimant notifies the mortgagee or assignee as required
340     under subsection (1), or if any settlement, partial settlement,
341     arbitration award, or judgment is obtained by the claimant, the

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342     claimant must provide an additional notice to the mortgagee or
343     assignee within 60 days after the completion of the repairs, or
344     any settlement, partial settlement, arbitration award, or
345     judgement, whichever is later, via certified mail return receipt
346     requested.
347          Section 7.     This act shall take effect July 1, 2021 .
348
349
350
351                          T I T L E   A ME N D ME N T
352          Remove everything before the enacting clause and insert :
353          An act relating to construction defects; amending s.
354          553.84, F.S.; defining the term ''material violation";
355          revising cause of action requirements for statutory
356          civil actions relating to certain violations;
357          providing requirements for bringing a cause of action;
358          amending s. 558.001, F.S.; amending Legislative
359          findings and declaration; amending s. 558.003, F.S.;
360          requiring parties to agree to enter into certain
361          statutory dispute resolution; amending s. 558.004,
362          F.S.; requiring that a claimant submit a construction
363          defect claim to the warranty provider before serving a
364          notice of claim; providing applicability; revising
365          requirements for notices of claims; providing that a
366          person who willfully includes a false statement in a

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367          notice of claim commits perjury; authorizing a person
368          served with a copy of a notice of claim to perform a
369          reasonable inspection of the property subject to the
370          claim; requiring, instead of authorizing, a person
371          served with a notice to serve a copy of the notice to
372          specified persons under certain circumstances;
373          prohibiting a person from filing an action in certain
374          circumstances; tolling a statute of limitations in
375          certain circumstances; amending s. 558.005, F.S.;
376          requiring parties to agree to enter into certain
377          statutory disputes; creating s. 558.006, F.S.;
378          requiring a claimant to notify a mortgagee or an
379          assignee within a specified timeframe after a filing a
380          construction defect claim; providing notice
381          requirements; requiring a claimant to update the
382          notice within a specified timeframe under certain
383          circumstances; providing an effective date.




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                                     HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #:     HB 339 Business Organizations
SPONSOR(S): Robinson, W.
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 602


   REFERENCE                                                       ACTION                   ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY
                                                                                                                  CHIEF

   1) Regulatory Reform Subcommittee                                                        Wright                Anstead
   2) Civil Justice & Property Rights
      Subcommittee
   3) Commerce Committee

                                                         SUMMARY ANALYSIS

As of October 2020, Florida has approximately 2,500,212 active business entities in the state, regulated under
the Florida Business Corporation Act (FBCA), The Florida Revised Limited Liability Company Act (FRLLCA),
corporations not for profit laws, and limited partnership laws.

In 2014, the Corporations, Securities, and Financial Services Committee of the Florida Bar Business Law
Section (FBBLS) organized a drafting task force to recommend revisions to Florida business entity laws. The
task force's effort resulted in the Legislature passing a comprehensive revision to Florida's entity statutes.
However, the task force subsequently identified issues that needed clarification, in addition to several errors in
the enrolled bill, including grammar, punctuation, and cross reference errors, and statutory inconsistencies.
Some issues were fixed in the 2020 Session, but additional issues have since been identified.

The bill clarifies issues related to the process by which certain shareholders may dissent to corporate or
majority shareholder action by asserting their appraisal rights, which requires a corporation to buy the
shareholders' stock at its "fair value."

The bill:
   • amends several provisions related to reducing appraisal rights for minority shareholders and beneficial
        owners,
   • allows prepayment in appraisal actions,
   • makes correcting and conforming changes to corporation provisions, and
   • makes correcting changes to not for profit corporation and limited liability company provisions.

The bill does not appear to have a fiscal impact on state or local governments.

The bill is effective upon becoming law.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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                                                   FULL ANALYSIS

                                            I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        In 1950, the American Bar Association (ABA) promulgated the Model Business Corporations Act
        (MBCA), a body of laws designed to uniformly regulate United States corporations. 1 However,
        individual states may promulgate laws relating to the creation, organization, operation, and dissolution
        of corporations and other entities in their respective jurisdictions. 2

        Generally, Florida regulates the following entities: 3
           • business corporations;
           • nonprofit corporation;
           • general partnerships, including limited liability partnerships;
           • limited partnerships, including limited liability limited partnerships;
           • limited liability companies;
           • declarations of trust; and
           • foreign entities.

        As of October 2020, Florida has approximately 2,500,212 active business entities in the state, 4
        regulated under the Florida Business Corporation Act (FBCA), 5 The Florida Revised Limited Liability
        Company Act (FRLLCA), 6 corporations not for profit laws, 7 and limited partnership laws, 8 which are now
        largely modeled after the MBCA. 9 In 2014, the Corporations, Securities, and Financial Services
        Committee of the Florida Bar Business Law Section (FBBLS) organized a drafting task force to
        recommend revisions to Florida business entity laws, last overhauled in 1989, as the ABA was in the
        process of revising and modernizing the MBCA. 10 The task force's mission statement included a full
        FBCA study and the proposal of revisions to:
            • Bring the laws in line with MBCA revisions,
            • Maintain Florida's competitiveness with other jurisdictions,
            • Fix issues in existing law, and
            • Encourage the formation and use of Florida corporations. 11

        The task force's effort resulted in the Legislature passing a comprehensive revision to Florida's entity
        statutes 12 signed into law on June 7, 2019, with a January 1, 2020 effective date. 13 However, the task
        force subsequently identified issues that needed clarification, in addition to several errors in the




1 William H. Clark, Jr., The Relationship of the Model Business Corporation Act to Other Entity Laws, Law and

Contemporary Problems Vol. 74, No. 57, https://scholarship.law.duke.edu/cqi/viewcontent.cgi?article=1609&context=lcp
(last visited Feb. 28, 2021 ).
2 Id.
3 S. 605.0102(23), F.S; Title XXXVI, F.S.
4 The Florida Department of State, Division of Corporations, Yearly Statistics, https:1/dos.myflorida.com/sunbiz/about-

us/yearly-statistics/ (last visited Feb. 28, 2021).
s Ch. 607, F.S.
6 Ch. 605, F.S.
7 Ch. 617, F.S.

a Ch. 620, F.S.
9 The Florida Bar Business Law Section, Proposed Modifications to Chapter 607 (Florida Business Corporation Act), (Jan.

24, 2019).
10 Id.
11 Id.
12 These included the Florida Revised Limited Liability Company Act of ch. 605, F.S., and the Florida Not for Profit

Corporation Act of ch. 617, F.S.
13 Ch. 2019-90, L.O.F., in CS/CS/HB 1009 (2019).
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         enrolled bill, including grammar, punctuation, cross reference errors, and statutory inconsistencies. 14
         Some issues were fixed in the 2020 Session, 15 but additional issues have since been identified. 16

         Appraisal Rights for Corporation Shareholders

         Triggers of Appraisal Rights for Minority Shareholders - Current Situation

         Minority shareholders may dissent to corporate or majority shareholder action by asserting their
         appraisal rights, pursuant toss. 607.1301-607.1340, F.S., which requires a corporation to buy the
         minority shareholders' stock at its "fair value." 17 This remedy is one of the few protections against
         actions that " ... fundamentally change the nature of the shareholders' investments without the check
         and balance of informed shareholder approval, and [provide] the opportunity for dissenters to withdraw
         from the corporation." 18

         The appraisal process is effectuated through a judicial hearing, where a court appraises the fair value
         of the shareholder's interests and assesses the corporation for payment of both the fair value and any
         accrued interest, calculated according to s. 55.03, F.S.

        A minority shareholder may assert his or her appraisal rights only in specific instances where a
        fundamental corporate change occurs, including (and subject to substantial restrictions and limits) the
        domestication or conversion to another type of business entity, a merger or share exchange, a
        disposition of all or substantially all of the corporation's assets, an amendment to the corporation's
        articles of incorporation that creates fractional shares, and in other cases involving a corporation's
        articles of incorporation, bylaws, or a resolution of its board of directors. 19· 20

        For example, ins. 607.1302(1 )(g), F.S., shareholders are entitled to assert appraisal ·rights where an
        amendment to the articles of incorporation or bylaws adversely alters or abolishes the shareholder's
        voting rights or other rights. 21

        Also, ins. 607.1302(1)(h), F.S., a shareholder of a class of shares prescribed in an articles of
        incorporation prior to October 1, 2003, including any shares within that class subsequently authorized
        by amendment, is entitled to appraisal rights if there is amendment of the articles of incorporation on
        which the shareholder is entitled to vote and such amendment would adversely affect such shareholder
        by certain actions to reduce shares, value of the shares, and voting rights. 22

        Triggers for Appraisal Rights for Minority Shareholders - Effect of the Bill

        The bill narrows the instances that trigger a minority shareholder's appraisal rights by removing the
        provision that allows shareholders to assert appraisal rights where an amendment to the articles of
        incorporation or bylaws adversely alters or abolishes the shareholder's voting rights or other rights.



14 The Florida Bar Business Law Section, White Paper for S.B. [838] & H.B. [495]: "An Act Relating to Business

Organizations," (Oct. 21, 2019).
15 Ch. 2020-32, L.O.F., in CS/SB 838 (2020).
16 Florida Bar Business Law Section, Chapter 607 Drafting Subcommittee, White Paper for S. B. 602 & H.B. 339: An Act

Relating to Corporations and Other Entities, 1-2 (Feb. 2021 ).
17 S. 607.1302(1 ), F.S.; S. 607.1301 (5), F.S., defines "fair value" as the value of the corporation's shares immediately

before the effectiveness of the corporate action in question, using commonly-used valuation concepts and techniques,
without discounting for lack of marketability or minority status of the shares.
18 Gregory Yadley and Christina Nethero, Florida Corporate Practice: Appraisal Rights s. 11: 1 (2020); see also, South End

Improvement Group, Inc. by & through Bank of New York v. Mulliken, 602 So. 2d 1327, 1332 (Fla. 4th DCA 1992).
19 Section 607.1302(1), F.S.
20 Gregory Yadley and Christina Nethero, Florida Corporate Practice: Appraisal Rights s. 11 :2.C (2020).
21 S. 607.1302(1 )(g), F.S.
22 S. 607.1302(1 )(h), F.S.
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         The bill allows shareholders in a corporation with 100 or fewer shareholders, whose shares were
         authorized on, or after October 1, 2003, the same appraisal rights as granted in s. 607.1302(1)(h), F.S.

         Minority shareholders may still assert their appraisal rights under several other bases enumerated in s.
         607.1302(1), F.S.

         Market Out Exception to Appraisal Rights - Current Situation

         What is commonly called the "market out exception" simply means that appraisal rights are unavailable
         for certain shareholders in certain situations and must either accept the adverse corporate action or sell
         their shares in an organized market. 23 The theory behind the "market out" exception is that the
         shareholder, if dissatisfied with the proposed corporate action, can choose to sell the shares into an
         organized market that is liquid and where the value of the shares is reasonably calculated to arrive at a
         price reflective of an arm's length transaction. 24

         Thirty-eight states, including Florida, operate under the market out exception, which restricts the
         appraisal rights available to shareholders of stock in large or publicly traded corporations. "[P]ublic
         shareholders presumptively have an available market. [W]hen a public market exists ... , public
         shareholders must employ market price instead of court-appraisal as the measure of their interests." 25

         In Florida, the market out exception excludes shareholders from asserting appraisal rights if: 26
             • Their triggering action is:
                    o Consummation of a domestication or a conversion of such corporation, if shareholder
                        approval is required for the domestication or the conversion;
                    o Consummation of a merger to which such corporation is a party, in certain situations;
                    o Consummation of a share exchange to which the corporation is a party as the corporation
                        whose shares will be acquired, except any shareholder of the corporation with respect to
                        any class or series of shares that is not acquired in the share exchange;
                    o Consummation of a disposition of assets if the shareholder is entitled to vote on the
                        disposition, including a sale in dissolution, in certain situations; or
                    o An amendment of the articles of incorporation with respect to a class or series of shares
                        which reduces the number of shares of a class or series owned by the shareholder to a
                        fraction of a share if the corporation has the obligation or the right to repurchase such
                        fractional share; and
             • Their shares are:
                    o a covered security;
                    o are not a covered security, but are traded in an organized market; or
                    o are issued by an open end management investment company that is registered with the
                        Securities and Exchange Commission.

         Whether the market out exception applies is determined as of:
           • The record date fixed to determine the shareholders entitled to receive notice of the meeting of
               shareholders to act upon the corporate action requiring appraisal rights, or the date of offer for a
               merger or share exchange; or
           • If there will be no meeting of shareholders and no offer of a merger or share exchange is made,
               the close of business on the day before the consummation of the corporate action or the
               effective date of the amendment of the articles, as applicable.




23 FBBLS, supra note 16, at 4.
24 fd.
25 Gil Matthews,  The "Market Exception" in Appraisal Statutes, (Mar. 30, 2020),
https://corpgov.law.harvard .edu/2020/03/30/the-market-exception-in-appraisal-statues/ (last visited Mar. 5, 2021 ).
2s S. 607.1302(2), F.S.
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        "Record date" means the date fixed for determining the identity of the corporation's shareholders and
        their share holdings. Unless another time is specified when the record date is fixed, the determination is
        made as of the close of business at the principal office of the corporation on the date so fixed. 27

         Market Out Exception to Appraisal Rights - Effect of the Bill

        The bill broadens the market out exception by prohibiting appraisal actions that are asserted in
        connection with a corporation's merger, share exchange, or disposition of corporate assets (as
        permitted by the corporation's articles of incorporation or bylaws), or those that adversely affect a
        shareholder of a closely held corporation or a shareholder who holds shares issued prior to October 1,
        2003.

        The bill provides that the market out exception applies where the shares held are not a covered
        security, not traded in an organized market, but are subject to a "comparable trading process." The bill
        defines a "comparable trading process" as one where:
            • the share's market price is determined at least quarterly based on an independent valuation and
                by following a formalized process that is designed to determine a value for the corporation's
                shares that is comparable to the value of a comparable publicly traded companies; and
            • the corporation repurchases the shares at pricing set by its board of directors based on the
                independent valuation and subject to established terms and conditions that have been provided
                to the shareholders.

        This will permit companies that meet these requirements to prohibit appraisal actions by their minority
        shareholders, and to instead apply the market out exception.

        The bill clarifies that, in cases in which the triggering corporate action must be approved by
        shareholders' written consent, the applicability of the market share exception must be decided at the
        point at which the record date was fixed to determine which shareholders are entitled to sign the
        consent.

        Assertion of Appraisal Rights by Nominees and Beneficial Owners - Current Situation

        "Record shareholder'' means: 28
            • The person in whose name shares are registered in the records of the corporation; or
            • The person identified as a beneficial owner of shares in the beneficial ownership certificate on
               file with the corporation to the extent of the rights granted by such certificate.

        "Beneficial shareholder" means a person who owns the beneficial interest in shares. Such person may
        be a record shareholder or a person on whose behalf shares are registered in the name of an
        intermediary or nominee. 29 Generally, an intermediary or a nominee holds legal ownership of a security,
        including shares, while beneficial ownership is held by someone else who receives all dividends and
        other benefits of ownership. 30

        A record shareholder may assert appraisal rights as to fewer than all the shares registered in the record
        shareholder's name but owned by a beneficial shareholder or a voting trust beneficial owner only if the
        record shareholder: 31
             • objects with respect to all shares of the class or series owned by the beneficial shareholder or
                the voting trust beneficial owner, and


27 S. 607.01401(63), F.S.
2a S. 607.01401(64), F.S.
2s S. 607.01401(7), F.S.
30 The Free Dictionary by Farlex, The Financial Dictionary, Nominee, https://financial-

dictionary.thefre.edictionary.com/nominee (last visited Mar. 5, 2021).
31 S. 607.1303(1), F.S.
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               •    notifies the corporation in writing of the name and address of each beneficial shareholder or
                    voting trust beneficial owner on whose behalf appraisal rights are being asserted.

         The rights of a record shareholder who asserts appraisal rights for only part of the shares held of record
         in the record shareholder's name under this subsection are determined as if the shares as to which the
         record shareholder objects and the record shareholder's other shares were registered in the names of
         different record shareholders. 32

         A beneficial shareholder and a voting trust beneficial owner may assert appraisal rights as to shares of
         any class or series held on behalf of the shareholder only if such shareholder: 33
             • Submits to the corporation the record shareholder's written consent to the assertion of such
                 rights no later than the date referred to ins. 607.1322(2)(b)2.
             • Does so with respect to all shares of the class or series that are beneficially owned by the
                 beneficial shareholder or the voting trust beneficial owner.

         Currently, a shareholder who wishes to demand an appraisal rights payment from the corporation must
         take certain actions before the triggering corporate action is effectuated. 34 There is no specific
         requirement for when shares must have been beneficially owned to be able to demand payment.

         FBBLS has identified perceived abuses associated with appraisal rights being simultaneously bought
         and sold (arbitrage), stemming from most of appraisal rights simultaneous buyers and sellers
         (arbitrageurs) not being historical shareholders of the corporation, but rather those who purchase their
         shares after the announcement date of, or record date for, the meeting at which the corporate action is
         to be voted upon, or the effective date of the written consent approving such corporate action. 35

         Assertion of Appraisal Rights by Nominees and Beneficial Owners - Effect of the Bill

         The bill requires a beneficial shareholder who wishes to assert their appraisal rights and demand
         payment to have a beneficial ownership of their shares in the corporation by the record date
         established for the triggering corporate action.

         The bill provides that a record shareholder asserting appraisal rights as to fewer than all the shares
         registered in the record shareholder's name but owned by a beneficial shareholder or a voting trust
         beneficial owner may only do so if the beneficial shareholder or voting trust beneficial owner acquired
         all of their shares before the record date for the triggering corporate action.

         Award of Accrued Interest in an Appraisal Action - Current Situation
         Currently, "accrued interest" as it applies to interest on payments made pursuant to an assertion of
         one's appraisal rights is calculated at the statutory judgment interest rate as described in s. 55.03,
         F.S. 36 The interest rate is set by the Chief Financial Officer on December 1, March 1, June 1, and
         September 1 of each year, and is payable on judgments for the calendar quarter beginning January 1,
         and is adjusted quarterly on April 1, July 1, and October 1 by averaging the discount rate of the Federal
         Reserve Bank of New York for the preceding 12 months, then adding 400 basis points to the averaged
         federal discount rate. 37

         Award of Accrued Interest in an Appraisal Action - Effect of the Bill




32 Id.
33 S. 607.1303(2), F.S.
34 S. 607.1321

35 FBBLS, supra note 16, at 8.
36 S. 607.1301 (1) , F.S.
37 S. 55.03(1 ), F.S.
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        The bill amends the definition of "accrued interest" to require the parties in an appraisal action either to
        agree to an interest rate between themselves, or to accept a rate determined by a court to be equitable.
        The court's rate may not exceed the statutory judgment rate described ins. 55.03, F.S. Additionally,
        this bill permits a court to prohibit the payment of interest where it finds that the shareholder who
        asserted his or her appraisal rights acted arbitrarily or not in good faith.

        The bill also makes conforming changes to reflect both that the rate of interest is variable, and that a
        court may choose not to award accrued interest pursuant to the amended definition of the term.

        Prepayment in an Appraisal Action - Current Situation

        Currently, there is no provision allowing prepayment of the fair value of the shares that are subject a
        shareholder's appraisal action to a shareholder. FBBLS argues that allowing such prepayment would
        shorten the amount of time during which interest can accrue, and therefore mitigates risk to the
        corporation. 38

        Prepayment in an Appraisal Action - Effect of the Bill

        The bill gives corporations the option to prepay the fair value of the shares that are subject a
        shareholder's appraisal action, and such shareholder must accept such prepayment. Specifically, the
        bill allows the corporation to prepay all, or any part of the amount, that it determines is due to the
        shareholder. If the corporation makes the prepayment within 90 days after the appraisal notice, then the
        corporation may only be liable for the accrued interest on any amount above what it prepaid to the
        shareholder. If the corporation makes a payment after the 90-day period, but before a judicial
        determination of the interest due, then the corporation must prepay at the statutory judgment rate
        provided for ins. 55.03, F.S., and may be liable for additional interest on any excess payment due,
        calculated from the date the corporate action became effective.

        The bill makes conforming changes to acknowledge the prepayment options provided in the bill.

        Name of a Dissolved Entity - Current Situation

        Currently, the name of a dissolved corporation is not available for use by another corporation for 1 year
        after the effective date of dissolution, unless the dissolved corporation gives certain consent. 39 Previous
                                                 °
        to 2019, the time period was 120 days. 4 FBBLS indicates that the change was inadvertent and should
        go back to 120 days. 41

        Name of a Dissolved Entity - Effect of the Bill

        The bill reverts to the 120-day period and makes a non-substantive conforming change.

        Property Associations and Not-For-Profit Corporations

        Committee Requirements - Current Situation

        Section 617.0825, F.S., outlines requirements for not for profit corporation board and advisory
        committees. Such requirements do not apply to board or advisory committees established under:
             • chapter 718, relating to condominium associations, to perform functions under s. 718.303(3),
                relating to levying fines for violating the declaration, bylaws, or rules;



3a FBBLS, supra note 16, at 8.
39 S. 607.1405, F.S.
40 Ch. 2019-90, L.O.F.
41 FBBLS, supra note 16, at 9.
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              •   chapter 719, relating to cooperative associations, to perform the functions under s. 719.303(3),
                  relating to levying fines for violating the documents or rules; or
              •   chapter 720, relating to homeowners' associations, to perform functions under s. 720.303(2),
                  relating to board meetings; ors. 720.3035(1 ), relating to architectural and construction
                  improvements.

         Committee Requirements - Effect of the Bill

        The bill revises the property association activity committees which are exempt from the not for profit
        corporation advisory committee requirements. The bill removes homeowners' association committees
        related to board meetings; and adds homeowners' association committees related to levying fines for
        violating the declaration, bylaws, or rules; and related to reviving covenants.

        Application of Not For Profit Corporations Chapter to Community Associations - Current Situation

        Currently, in the event of any conflict between the provisions of chapter 617 for not for profit
        corporations, and chapters regarding community associations (chapter 718 regarding condominiums,
        chapter 719 regarding cooperatives, chapter 720 regarding homeowners' associations, chapter 721
        regarding timeshares, or chapter 723 regarding mobile home owners' associations), the provisions of
        the applicable community association chapter applies. 42

        Application of Not For Profit Corporations Chapter to Community Associations - Effect of the Bill

        The bill clarifies language that chapter 617 applies to such community associations, except where there
        is a conflict, and then the chapters for community associations apply.

        Access to Records for Limited Liability Companies - Current Situation

        Currently, during regular business hours and at a reasonable location specified by the company, a
        member may inspect and copy: 43
           • The company records; and
           • Full information regarding the activities, affairs, financial condition, and other circumstances of
               the company as is just and reasonable if:
                    • The member seeks the information for a purpose reasonably related to the member's
                        interest as a member; or
                    • The member makes a demand in a record received by the company, describing with
                        reasonable particularity the information sought and the purpose for seeking the
                       information, and if the information sought is directly connected to the member's purpose.

        Access to Records for Limited Liability Companies - Effect of the Bill

        The bill clarifies that in order for a member to access full information regarding the activities, affairs,
        financial condition, and other circumstances of the company, such member must both:
            Seek the information for a purpose reasonably related to the member's interest as a member; and
            Make a demand in a record received by the company, describing with reasonable particularity the
            information sought and the purpose for seeking the information, and if the information sought is
            directly connected to the member's purpose.

        The bill updates cross-references to correct scrivener's errors.

        The bill takes effect upon becoming law.



42 S. 617.1703, F.S.
43 S. 605.0410(3), F.S.
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    B. SECTION DIRECTORY:
        Section 1:     Amends s. 605.0410, F.S.; relating to requirements relating to inspecting certain records
                       of limited liability companies.
        Section 2:     Amends s. 607.1301, F.S.; relating to the definition of "accrued interest."
        Section 3:     Amends s. 607 .1302, F.S.; relating to shareholder appraisal rights and certain payments.
        Section 4:     Amends s. 607.1303, F.S.; relating to triggers of shareholder appraisal rights.
        Section 5:     Amends s. 607.1321, F.S.; relating to triggers of shareholder appraisal rights.
        Section 6:     Amends s. 607.1322, F.S.; making a technical change.
        Section 7:     Amends s. 607.1326, F.S.; relating to corporate prepayments to shareholders.
        Section 8:     Amends s. 607.1330, F.S.; relating to proceedings for demands for payment.
        Section 9:     Amends s. 607.1405, F.S.; relating to applicability of not for profit corporation provisions
                       to condominium, cooperative, and homeowners' associations.
        Section 10:    Amends s. 617.0825, F.S.; relating to applicability of not for profit corporation provisions
                       to condominium, cooperative, and homeowners' associations.
        Section 11 :   Amends s. 617.1703, F.S.;
        Section 12:    Provides an effective date.


                         II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
           None.

        2. Expenditures:
           None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
           None.

       2. Expenditures:
           None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        None.

    D. FISCAL COMMENTS:
        None.


                                                Ill. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:
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DATE: 2/28/2021
          None.

    B. RULE-MAKING AUTHORITY:
        None.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
        None.


                         IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




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        HB 339                                                                2021




 1                                          A bill to be entitled
 2               An act relating to business organizations; amending s.
 3               605.0410, F.S.; revising requirements relating to
 4               inspecting certain records of limited liability
 5               companies; amending s. 607.1301, F.S.; revising the
 6               definition of the term "accrued interest"; amending s.
 7               607.1302, F.S.; revising the circumstances under which
 8               shareholders are entitled to appraisal rights and
 9               certain payments; revising limitations relating to
10               such rights and payments; revising applicability;
11               amending s. 607.1303, F.S.; revising the circumstances
12               in which certain shareholders may assert specified
13               appraisal rights; amending s. 607.1321, F.S.; revising
14               requirements for shareholders who wish to assert
15               appraisal rights relating to specified corporate
16               actions; amending s. 607.1322, F.S.; making a
17               technical change; amending s. 607.1326, F.S.;
18               entitling corporations to prepay a shareholder if the
19               shareholder makes a demand for payment; specifying
20               when interest is applicable to such prepayments;
21               making technical changes; amending s. 607.1330, F.S.;
22               revising requirements for proceedings relating to
23               unsettled demands for payment; revising the
24               eligibility requirements for shareholders entitled to
25               the fair value of shares during court proceedings;

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26                making technical and conforming changes; amending s.
27                607.1405, F.S.; revising the requirements for eligible
28                entities to use the name of a dissolved corporation;
29                amending ss. 617.0825 and 617.1703, F.S.; revising
30                applicability; providing an effective date.
31
32      Be It Enacted by the Legislature of the State of Florida:
33
34                Section 1.        Paragraph (b) of subsection (3) of section
35      605.0410, Florida Statutes, is amended to read:
36                605.0410        Records to be kept; rights of member, manager,
37      and person dissociated to information.-
38                (3)    In a manager-managed limited liability company, the
39      following rules apply:
40                (b)    During regular business hours and at a reasonable
41      location specified by the company, a member may inspect and
42      copy:
43                1.    The records described in subsection (1); and
44                2.    Full information regarding the activities, affairs,
45      financial condition, and other circumstances of the company as
46      is just and reasonable if:
47                a.    The member seeks the information for a purpose
48      reasonably related to the member's interest as a member; and -e-r
49                b.    The member makes a demand in a record received by the
50      company, describing with reasonable particularity the

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51       information sought and the purpose for seeking the information,
52       and if the information sought is directly connected to the
53      member's purpose.
54                Section 2.         Subsection (1) of section 607.1301, Florida
55      Statutes, is amended to read:
56                607.1301         Appraisal rights; definitions.-The following
57      definitions apply toss. 607.1301-607.1340:
58                ( 1)   "Accrued interest" means interest from the date the
59      corpor-ate action becomes effective unt i l the date of payment , at
60      the rate agreed to by the corporation and the shareholder
61      asserting appraisal rights, or at the rate determined by the
62      court to be equitable, which rate may not be greater than the
63      rate of interest of interest determined for judgments pursuant
64      to s. 55.03; however, if the court finds that the shareholder
65      asserting appraisal rights acted arbitrarily or otherwise not in
66      good faith, no interest shall be allowed by the court 7
67      deterffiined as of the effective date of the corporate action.
68                Section 3.        Subsections (1) and (2) of section 607.1302,
69      Florida Statutes, are amended to read:
70                607.1302      Right of shareholders to appraisal.-
71                (1)    A shareholder of a domestic corporation is entitled to
72      appraisal rights, and to obtain payment of the fair value of
73      that shareholder's shares, in the event of any of the following
74      corporate actions:
75                (a)    Consummation of a domestication or a conversion of

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 76       such corporation pursuant to s. 607.11921 ors. 607.11932, as
 77       applicable, if shareholder approval is required for the
 78       domestication or the conversion;
 79                (b)    Consummation of a merger to which such corporation is
 80       a party:
 81                1.    If shareholder approval is required for the merger
 82       under s. 607.1103 or would be required but for s. 607.11035,
 83       except that appraisal rights shall not be available to any
 84       shareholder of the corporation with respect to shares of any
 85      class or series that remains outstanding after consummation of
 86       the merger where the terms of such class or series have not been
 87      materially altered; or
 88                2.    If such corporation is a subsidiary and the merger is
 89      governed bys.              607.1104;
 90                (c)   Consummation of a share exchange to which the
 91      corporation is a party as the corporation whose shares will be
 92      acquired, except that appraisal rights shall not be are not
 93      available to any shareholder of the corporation with respect to
 94      any class or series of shares of the corporation that is not
 95      acquired in the share exchange;
 96                (d)   Consummation of a disposition of assets pursuant to s.
 97      607.1202 if the shareholder is entitled to vote on the
 98      disposition, incl uding a 9 ale in dissolution , except that
 99      appraisal rights shall not be available to any shareholder of
100      the corporation with respect to shares or any class or series

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101       if:
102                1.    Under the terms of the corporate action approved by the
103       shareholders there is to be distributed to shareholders in cash
104       the corporation's net assets, in excess of a reasonable amount
105       reserved to meet claims of the type described in ss. 607.1406
106       and 607.1407, within 1 year after the shareholders' approval of
107       the action and in accordance with their respective interests
108      determined at the time of distribution; and
109                2.    The disposition of assets is not an interested
110      transaction;
111                (e)   An amendment of the articles of incorporation with
112      respect to a class or series of shares which reduces the number
113      of shares of a class or series owned by the shareholder to a
114      fraction of a share if the corporation has the obligation or the
115      right to repurchase the fractional share so created;
116                (f)   Any other merger, share exchange, disposition of
117      assets, or amendment to the articles of incorporation, in each
118      case to the extent provided as of the record date by the
119      articles of incorporation, bylaws, or a resolution of the board
120      of directors providing for appraisal rights, except that no
121      bylaw or board resolution providing for appraisal rights may be
122      amended or otherwise altered except by shareholder approval;
123                (g)   An amendment to the articles of incorporation or
124      bylaws of the corporatioA:, the effect of whicb is to alter or
125      abolish voting or other rights ;1ith respect to such interest iA:

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126      a manner that is adverse to the interest of such shareholder,
127      ettcept as the right fflay be affected by the voting or other
128      rights of ne,1 shares then being authorized of a new class or
129      series of shares,
130               -fl=tt    An amendment to the articles of incorporation or
131      bylaws of a corporation, the effect of which is to adversely
132      affect the interest of the shareholder by altering or abolishing
133      appraisal rights under this section;
134               J.b.1+8-     With regard to a class of shares prescribed in the
135      articles of incorporation in any corporation as to which that
136      particular class of shares was in existence prior to October 1,
137      2003, including any shares within that class subsequently
138      authorized by amendment, and for classes of shares authorized on
139      or after October 1, 2003, in any corporation with 100 or fewer
140      shareholders prior to Oeteber 1, 2003, including any shares
141      within that class subsequently authorized by amendment, any
142      amendment of the articles of incorporation if the shareholder is
143      entitled to vote on the amendment and if such amendment would
144      adversely affect such shareholder by:
145               1.       Altering or abolishing any preemptive rights attached
146      to any of his, her, or its shares;
147               2.       Altering or abolishing the voting rights pertaining to
148      any of his, her, or its shares, except as such rights may be
149      affected by the voting rights of new shares then being
150      authorized of any existing or new class or series of shares;

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151                3.    Effecting an exchange, cancellation, or
152       reclassification of any of his, her, or its shares, when such
153       exchange, cancellation, or reclassification would alter or
154       abolish the shareholder's voting rig0ts or alter his, her, or
155       its percentage of equity in the corporation, or effecting a
156       reduction or cancellation of accrued dividends or other
157      arrearages in respect to such shares;
158                4.    Reducing the stated redemption price of any of the
159      shareholder's redeemable shares, altering or abolishing any
160      provision relating to any sinking fund for the redemption or
161      purchase of any of his, her, or its shares, or making any of
162      his, her, or its shares subject to redemption when they are not
163      otherwise redeemable;
164                5.    Making noncumulative, in whole or in part, dividends of
165      any of the shareholder's preferred shares which had theretofore
166      been cumulative;
167                6.    Reducing the stated dividend preference of any of the
168      shareholder's preferred shares; or
169                7.    Reducing any stated preferential amount payable on any
170      of the shareholder's preferred shares upon voluntary or
171      involuntary liquidation;
172                Ji.l+i+     An amendment of the articles of incorporation of a
173      social purpose corporation to which s. 607.504 ors. 607.505
174      applies;
175                J.il+Jtj-   An amendment of the articles of incorporation of a

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176      benefit corporation to which s. 607.604 ors. 607.605 applies;
177                ~-f-l+         A merger, domestication, conversion, or share
178      exchange of a social purpose corporation to which s. 607.504
179       applies; or
180                J..!l_-fffit   A merger, domestication, conversion, or share
181      exchange of a benefit corporation to which s. 607.604 applies.
182                (2)       Notwithstanding subsection (1), the availability of
183      appraisal rights under paragraphs ( 1) ( a) ,                        (b) ,   ( c) ,   (d) , -aM
184       (e),     (f), and (h) shall be limited in accordance with the
185      following provisions:
186                (a)      Appraisal rights shall not be available for the
187      holders of shares of any class or series of shares which is:
188                1.     A covered security under s. 18 (b) (1) (A) or (B) of the
189      Securities Act of 1933;
190                2.     Not a covered security, but traded in an organized
191      market (or subject to a comparable trading process) and has at
192      least 2,000 shareholders and the outstanding shares of such
193      class or series have a market value of at least $20 million,
194      exclusive of the value of outstanding shares held by the
195      corporation's subsidiaries, by the corporation's senior
196      executives, by the corporation's directors, and by the
197      corporation's beneficial shareholders and voting trust
198      beneficial owners owning more than 10 percent of the outstanding
199      shares; or
200                3.      Issued by an open end management investment company

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201       registered with the Securities and Exchange Commission under the
202       Investment Company Act of 1940 and which may be redeemed at the
203       option of the holder at net asset value.
204                (b)    The applicability of paragraph (a) shall be determined
205       as of:
206                1.    The record date fixed to determine the shareholders
207      entitled to receive notice of the meeting of shareholders to act
208      upon the corporate action requiring appraisal rights, the record
209      date fixed to determine the shareholders entitled to sign a
210      written consent approving the corporate action requiring
211      appraisal rights, or, in the case of an offer made pursuant to
212      s. 607.11035, the date of such offer; or
213                2.    If there will be no meeting of shareholders, no written
214      consent approving the corporate action, and no offer 4-fr made
215      pursuant to s. 607.11035, the close of business on the day
216      before the consummation of the corporate action or the effective
217      date of the amendment of the articles, as applicable.
218                (c)    Paragraph (a) is not applicable and appraisal rights
219      shall be available pursuant to subsection (1)                        for the holders of
220      any class or series of shares where the corporate action is an
221      interested transaction.
222                (d)    For the purposes of subparagraph (a)2., a comparable
223      trading process exists if:
224                1.    The market price of the corporation's shares is
225      determined at least quarterly based on an independent valuation

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226      and by following a formalized process that is designed to
227      determine a value for the corporation's shares that is
228      comparable to the value of comparable publicly traded companies;
229      and
230               2.    The corporation repurchases the shares at the price set
231      by its board of directors based upon the independent valuation
232      and subject to certain terms and conditions established by the
233      corporation and provides the corporation's shareholders with a
234      trading market comparable to that typically available had the
235      corporation's shares been traded in an organized market.
236               Section 4.         Subsection (1) of section 607.1303, Florida
237      Statutes, is amended, and paragraph (c) is added to subsection
238       (2) of that section, to read:
239               607.1303         Assertion of rights by nominees and beneficial
240      owners.-
241               (1)    A record shareholder may assert appraisal rights as to
242      fewer than all the shares registered in the record shareholder's
243      name but owned by a beneficial shareholder or a voting trust
244      beneficial owner only if~
245               M      The record shareholder objects with respect .to all
246      shares of the class or series owned by the beneficial
247      shareholder or the voting trust beneficial owner;
248               (b)    The particular beneficial shareholder or voting trust
249      beneficial owner acquired all such shares before the record date
250      established under s.               607.1321 in connection with the applicable

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          HB 339                                                                              2021




251       corporate action; and
252                (c)   The record shareholder a-Rcl notifies the corporation in
253      writing of its 4=-Re name and address (if the record shareholder
254      beneficially owns the shares as to which appraisal rights are
255      being asserted) or notifies the corporation in writing of the
256      name and address of the particular of each beneficial
257      shareholder or voting trust beneficial owner on whose behalf
258      appraisal rights are being asserted.
259
260      The rights of a record shareholder who asserts appraisal rights
261      for only part of the shares held of record in the record
262      shareholder's name under this subsection shall be determined as
263      if the shares as to which the record shareholder objects and the
264      record shareholder's other shares were registered in the names
265      of different record shareholders.
266                (2)   A beneficial shareholder and a voting trust beneficial
267      owner may assert appraisal rights as to shares of any class or
268      series held on behalf of the shareholder only if such
269      shareholder:
270                (c)   Acquired all shares of the class or series before the
271      record date established under s. 607.1321 in connection with the
272      applicable corporate action.
273                Section 5.       Subsections ( 1) ,          ( 2) , and ( 3) of section
274      607.1321, Florida Statutes, are amended to read:
275                607.1321      Notice of intent to demand payment.-

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         HB 339                                                                   2021




276                (1)      If a proposed corporate action requiring appraisal
277       rights under s. 607.1302 is submitted to a vote at a
278      shareholders' meeting, a shareholder who wishes to assert
279      appraisal rights with respect to any class or series of shares:
280                (a)      Must have beneficially owned the shares of such class
281      or series as of the record date for the shareholders' meeting at
282      which the proposed corporate action is to be submitted to a
283      vote;
284                (b)      Must deliver to the corporation before the vote is
285      taken written notice of the shareholder's intent, if the
286      proposed corporate action is effectuated, to demand payment for
287      all shares of such class or series beneficially owned by the
288      shareholder as of the record date for the shareholders' meeting
289      at which the proposed corporate action is to be submitted to a
290      vote if the proposed corporate action is effectuated; and
291               J..£2_-flet-   Must not vote, or cause or permit to be voted, any
292      shares of such class or series in favor of the proposed
293      corporate action.
294               (2)       If a proposed corporate action requiring appraisal
295      rights under s. 607.1302 is to be approved by written consent, a
296      shareholder who wishes to assert appraisal rights with respect
297      to any class or series of shares:
298               (a)      Must have beneficially owned the shares of such class
299      or series as of the record date established for determining who
300      is entitled to sign a written consent;

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          HB 339                                                                  2021




301                (b)    Must assert such appraisal rights for all shares of
302       such class or series beneficially owned by the shareholder as of
303       the record date for determining who is entitled to sign the
304      written consent; and
305                ~      Must not sign a consent in favor of the proposed
306       corporate action with respect to that class or series of shares.
307                ( 3)   If a proposed corporate action specified ins.
308       607.1302(1) does not require shareholder approval pursuant to s.
309       607.11035, a shareholder who wishes to assert appraisal rights
310      with respect to any class or series of shares:
311                (a)    Must have beneficially owned the shares of such class
312      or series as of the date the offer to purchase is made pursuant
313      to s. 607.11035;
314                JEl    Must deliver to the corporation before the shares are
315      purchased pursuant to the offer a written notice of the
316      shareholder's intent to demand payment if the proposed corporate
317      action is effected for all shares of such class or series
318      beneficially owned by the shareholder as of the date the offer
319      to purchase is made pursuant to s. 607.11035; and
320                ~-+e-t-    Must not. tender, or cause or permit to be tendered,
321      any shares of such class or series in response to such offer.
322                Section 6.       Paragraph (a) of subsection (2) of section
323      607.1322, Florida Statutes, is amended to read:
324                607.1322      Appraisal notice and form.-
325                (2)    The appraisal notice must be delivered no earlier than

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           HB 339                                                                    2021




326        the date the corporate action became effective, and no later
327        than 10 days after such date, and must:
328                 (a)    Supply a form that specifies the date that the
329       corporate action became effective and that provides for the
330       shareholder to state:
331                 1.    The shareholder's name and address.
332                 2.    The number, classes, and series of shares as to which
333       the shareholder asserts appraisal rights.
334                 3.    That the shareholder did not vote for or consent to the
335       transaction.
336                 4.    Whether the shareholder accepts the corporation's offer
337       as stated in subparagraph (b)4.
338                 5.    If the offer is not accepted, the shareholder's
339       estimated fair value of the shares and a demand for payment of
340       the shareholder's estimated value plus accrued interest, if and
341       to the extent applicable.
342                 Section 7.       Section 607.1326, Florida Statutes, is amended
343       to read:
344                 607.1326        Procedure if shareholder is dissatisfied with
345       offer.-
346                 (1)   A shareholder who is dissatisfied with the
34 7      corporation's offer as set forth pursuant to s. 607. 1322 ( 2) (b) 4.
348       must notify the corporation on the form provided pursuant to s.
349       607.1322(1) of that shareholder's estimate of the fair value of
350       the shares and demand payment of that estimate plus accrued

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           HB 339                                                                2021




351        interest, if and to the extent applicable .
352                 (2)   A shareholder who fails to notify the corporation in
353       writing of that shareholder's demand to be paid the
354       shareholder's stated estimate of the fair value plus accrued
355       interest, if and to the extent applicable, under subsection (1)
35 6      within the timeframe set forth in s. 607. 1322 ( 2) (b) 2. waives the
357       right to demand payment under this section and shall be entitled
358       only to the payment offered by the corporation pursuant to s.
359       607.1322(2) (b)4.
360                 (3)   With respect to a shareholder who properly makes
361       demand for payment pursuant to subsection (1), at any time after
362       the shareholder makes such demand, including during a court
363       proceeding under s. 607.1330, the corporation shall have the
364       right to prepay to the shareholder all or any portion of the
365       amount that the co r poration determines to be due under s.
366       607 .1322 (2) (b) 3. and the shareholder shall be obligated to
367       accept such prepayment.
368                 (a)   If such prepayment is made within 90 days after the
369       earlier of the date on which the appraisal notice is provided by
370       the corporation under s. 607.1322(1) or the deadline date by
371       which the appraisal notice is required to be provided by the
372       corporation under s . 607.1322(2), accrued interest will be
373       payable, if at all, to the shareholder entitled to appraisal
374       rights, calculated and accrued from the date on which the
375       corporate action became effective and only on amounts that are

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          HB 339                                                                             2021




376       determined to be due to the shareholder and are above the amount
377       so prepaid. Accrued interest will not be payable to the
378       shareholder entitled to appraisal rights on the prepayment
379      previously made to the shareholder by the corporation pursuant
380       to this paragraph.
381                (b)    If such prepayment is made more than 90 days after the
382      earlier of the date on which the appraisal notice is provided by
383      the corporation under s. 607.1322(1) or the deadline date by
384      which the appraisal notice is required to be provided by the
385      corporation under s. 607.1322(2), the prepayment must include
386      accrued interest on the amount of the prepayment, calculated at
387      the rate of interest determined for judgments pursuant to s.
388      55.03 and calculated and accrued from the date that the
389      corporate action became effective through the date of the
390      prepayment previously made to the shareholder by the corporation
391      p ur s u ant to this paragr aph.             I n addition , accrued interest will
392      be payable to the shareholder entitled to appraisal rights on
393      such amounts, if an y , determined to be due to the shareholder in
394      excess of the prepaid amount, calculated and accrued from the
395      date on which the corpo rate action became effective.
396                Section 8.       Subsections (1) and (5) of section 607.1330,
397      Florida Statutes, are amended to read:
398                607.1330      Court action.-
399                (1)   If a shareholder makes demand for payment under s.
400      607.1326 which remains unsettled, the corporation shall commence

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          HB 339                                                                       2021




401       a proceeding within 60 days after receiving the payment demand
402       and petition the court to determine the fair value of the shares
403       and accrued interest, if and to the extent applicable,
404       calculated and accrued from the date the corporate action became
405      effective and taking into account the amount of any prepayment
406      previously made to the shareholder by the corporation pursuant
407      to s. 607.1326(3)               froffi the date of the corporate action. If the
408      corporation does not commence the proceeding within the 60-day
409      period, any shareholder who has made a demand pursuant to s.
410       607.1326 may commence the proceeding in the name of the
411      corporation.
412                (5)   Each shareholder entitled to appraisal rights who is
413      made a party to the proceeding is entitled to judgment for the
414      amount of the fair value of such shareholder's shares as found
415      by the court, plus accrued interest, if and to the extent
416      applicable and as found by the court, taking into account the
417      amount of any prepayment previously made to the shareholder by
418      the corporation pursuant to s. 607.1326(3).
419                Section 9.         Subsection (5) of section 607.1405, Florida
420      Statutes, is amended to read:
421                607.1405         Effect of dissolution.-
422                (5)   Except as provided ins. 607.1422(4), the name of a
423      dissolved corporation is not available for assumption or use by
424      another eligible entity until 120 days 1 year after the
425      effective date of dissolution unless the dissolved corporation

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426       provides the department with a record, signed as required bys.
427       607.0120, permitting the immediate assumption or use of the name
428      by another eligible entity.
429                Section 10.          Subsection (9) of section 617.0825,            Florida
430       Statutes, is amended to read:
431                617.0825        Board committees and advisory committees.-
432                (9)    This section does not apply to a committee established
433      under chapter 718, chapter 719, or chapter 720 to perform the
434       functions set forth ins. 718.303(3),                        s. 719.303(3),   ~

435      720.305(2), s. 720.303(2), ors. 720.3035(1), ors. 720.405,
436      respectively.
437                Section 11.          Section 617.1703,          Florida Statutes, is amended
438      to read:
439                617.1703        Application of chapter.-
440                (1) (a)    This chapter is applicable to a corporation that is
441      an association as defined in and regulated by any of chapter 718
442      regarding condominiums , chapt er 719 regarding cooperatives,
443      chapter 720 regarding homeowners' associations, chapter 721
444      regarding timeshares, or chapter 723 regarding mobile
445      homeowners' associations, except:
446                1.    For In the event of any conflict between the provisions
447      of this chapter and chapter 718 r egar di ng condominiums, chapter
448      719 regardi ng cooperati ves , chapter 720 re gardi ng homeo wne r s '
449      a s soci ations , chapter 721 r egard i:n g times hares , or chapter 723;
450      or

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451                 2.    As otherwise provided for in chapter 718, chapter 719,
452        chapter 720, chapter 721, or chapter 723 .
453                 (b)    If subparagraph (a)l. or subparagraph (a)2. applies
454        regarding mobile home o.,,.ners' associations, the applicable
455       provisions of such other respective chapters shall apply.
456                 Jll   The provisions of ss. 617.0605-617.0608 do not apply
457        to corporations regulated by any of the foregoing chapters or to
458        any other corporation where membership in the corporation is
459        required pursuant to a document recorded in the county property
4 60      records.
461                 Section 12.          This act shall take effect upon becoming a
462       law.




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                       REGULATORY REFORM SUBCOMMITTEE

                              HB 339 by Rep. Robinson, W.
                                Business Organizations

                                AMENDMENT SUMMARY
                                    March 8, 2021


Amendment 1 by Rep. Robinson, W. (line 428):
The amendment provides that requirements to amend not for profit corporation articles of
incorporation or bylaws in a way that changes quorum or voting requirements are not applicable
to corporations that are condominium, cooperative, or homeowners' associations.
                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 339   (2021)
       Amendment No. 1




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                              (Y/N)
       ADOPTED AS AMENDED                   (Y/N)
       ADOPTED W/0 OBJECTION                (Y/N)
       FAILED TO ADOPT                      (Y/N)
       WITHDRAWN                            (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:            Regulatory Reform
 2     Subcommitt ee
 3     Representative Robinson, W. offered the following:
 4
 5           Amendment (with title amendment)
 6             Between lines 428 and 429, ins ert :
 7             Section 10.    Section 617.0725, Florida Statutes, is amended
 8     to read:
 9             617.07 25   Quorum.-An amendment to the articles of
10     incorporat i on or the byl aws which adds , cha n ges , or de lete s a
11     greater or lesser quorum or voting requirement must meet the
12     same quorum or voting requi rement and be adopted by the same
13     v o te and vot ing group s re quire d t o take acti on under the quorum
14     and v oting requireme nts then in effect o r proposed to be
15     adopted, whichever is greater. This section does not apply to
16     any corporation that is an assoc iati o n, as defined ins.
     7 91929 - h 339- line428 . docx
      Pub l is h ed On: 3/5/2021 10:0 9 : 28 AM
                                        Page 1 o f 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 339   (2021)
       Amendment No. 1



17     720.301, or a corporation regulated under chapter 718 or chapter
18     719 .
19
20
21
22                          T I T L E   A ME N D ME N T
23             Between lines 28 and 29, insert:
24             amending s. 617.0725, F.S.; providing applicability;




     791929 - h339-line428.docx
     Published On: 3/5/2021 10:09:28 AM
                                     Page 2 of 2
I
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                                     HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 615   Community Association Assessment Notices
SPONSOR(S): Rodriguez
TIED BILLS:       IDEN./SIM. BILLS: CS/SB 56

     REFERENCE                                                       ACTION                    ANALYST            STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

     1) Regulatory Reform Subcommittee                                                         Brackett   O()     Anstead   t£o-
     2) Civil Justice & Property Rights Subcommittee

     3) Commerce Committee


                                                         SUMMARY ANALYSIS
A condominium is a form of ownership of real property comprised of units which may be owned by one or more
persons along with an undivided right of access to common elements. A cooperative is real property owned by
the cooperative association, with individual units leased to the residents who own shares in the cooperative
association. A homeowners' association ("HOA") is an association that is authorized to impose assessments,
responsible for the operation of a community in which voting membership is made up of unit or parcel owners ,
and membership is a mandatory condition of unit or parcel ownership. Condominium associations, cooperative
associations, and HOAs are collectively referred to as "associations."

The bill relates to an association's collection of assessments and notices to owners related to such, it requires:
   • Associations to send account statements to owners.
   • Associations to deliver written notice to every owner at least 30 days before changing its method of
        delivering account statements.
   • Owners to affirmatively acknowledge that they understand the association has changed its method of
        delivering the account statements before a community association may change its method of delivery.
   • Requires associations to maintain the owners' affirmative acknowledgments as an official record .

The bill prohibits associations from collecting attorney's fees related to delinquent assessments without first
delivering a written notice of the delinquent assessments to the unit or parcel owner.
    • An association must deliver the written notice at least 30 days before the association takes further
        action against the owner's unit or parcel.
    • The written notice must specify the amount owed and provide the unit or parcel owner an opportunity to
        pay the delinquent assessments without paying attorney fees.

The bill also mirrors condominium and cooperative law to HOA law by increasing the period of time a
condominium or cooperative unit owner has to pay a delinquent assessment after receiving an association's
notice of intent to record a lien or foreclose on a lien from 30 days to 45 days.

The bill does not have a fiscal impact on state and local governments.

The bill provides an effective date of July 1, 2021 .




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0615.RRS.D0CX
DATE: 3/6/2021
                                                   FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

     A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         The Florida Division of Condominiums, Timeshares and Mobile Homes (Division), within the
         Department of Business and Professional Regulation (DBPR), provides consumer protection for Florida
         residents living in regulated communities through education, complaint resolution, mediation and
         arbitration , and developer disclosure. The Division has regulatory authority over the following business
         entities and individuals:

              •    Condominium Associations;
              •    Cooperative Associations;
              •    Florida Mobile Home Parks and related associations;
              •    Vacation Units and Timeshares;
              •    Yacht and Ship Brokers and related business entities; and
              •    Homeowners' Associations (limited to arbitration of election and recall disputes).

         Condominiums

         A condominium is a form of ownership of real property created pursuant to ch . 718, F.S., comprised of
         units which may be owned by one or more persons along with an undivided right of access to common
         elements. 1 A condominium is created by recording a declaration of condominium in the public records
         of the county where the condominium is located. 2 A declaration governs the relationships among
         condominium unit owners and the condominium association. All unit owners are members of the
         condominium association, an entity responsible for the operation and maintenance of the common
         elements owned by the unit owners. The condominium association is overseen by an elected board of
         directors, commonly referred to as a "board of administration." The board enacts bylaws which govern
         the administration of the association.

         Cooperatives

         A cooperative is a form of property ownership created pursuant to ch. 719, F.S. The real property is
         owned by the cooperative association, and individual units are leased to the residents who own shares
         in the cooperative association. 3 The lease payment amount is the pro-rata share of the operational
         expenses of the cooperative. Cooperatives operate similarly to condominiums and the laws regulating
         cooperatives are in many instances nearly identical to those regulating condominiums .

         Homeowners' Associations

         A homeowners' association (HOA) is an association of residential property owners in which voting
         membership is made up of parcel owners, in which membership is a mandatory condition of parcel
         ownership, and which is authorized to impose assessments that, if unpaid, may become a lien on the
         parcel. 4 Only HOAs whose covenants and restrictions include mandatory assessments are regulated by
         ch. 720, F.S. Like a condominium or cooperative, an HOA is administered by an elected board of
         directors. The powers and duties of an HOA includes the powers and duties provided in ch. 720, F.S .,
         and in the governing documents of the association, which include the recorded covenants and
         restrictions, together with the bylaws, articles of incorporation, and duly adopted amendments to those

1
  S. 718.103(11), F.S.
2
  S. 718.104(2), F.S.
3
  S. 719.103(2)(26), F.S.
4
  S. 720.301(9), F.S.
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DATE: 3/6/2021
          documents. No state agency has direct oversight of HOAs. Florida law provides procedures and
          minimum requirements for operating and provides for a mandatory binding arbitration program,
          administered by the Division, only for certain election disputes.

          Official Records

          Condominiums, cooperatives, and HOAs (associations) are required to maintain official records for at
          least 7 years. The official records must include: 5

               •   A copy of the articles of incorporation, declaration, bylaws, and rules of the association;
               •   Meeting minutes;
               •   A roster of all owners or members, including the electronic mailing addresses and fax numbers
                   of unit owners consenting to receive notice by electronic transmission;
              •    A copy of any contracts to which the association is a party or under which the association or the
                   unit owners or members have an obligation;
              •    Accounting records for the association, which includes:
                        o Accurate, itemized, and detailed records of all receipts and expenditures.
                        o A current account and a periodic statement of the account for each unit or parcel
                            designating the name of the owner, the due date and amount of each assessment, the
                            amount paid on the account, and the balance due.
                        o All audits, reviews, accounting statements, and financial reports of the association or
                            condominium.
                        o All contracts for work to be performed. Bids for work to be performed are also
                            considered official records and must be maintained by the association.
              •    All contracts for work to be performed, including bids for work, materials, and equipment.
                   Cooperatives and HOAs are only required to maintain bids for one year;
              •    A copy of the plans, permits, warranties, and other items provided by the developer; and
              •    All other written records which are related to the operation of the association.

         An association must maintain its official records within the state of Florida and make them available for
         inspection within 45 miles of the association or within the county where the association is located. 6

         Unit owners may request to inspect and make copies of an association's official records. An association
         must make the records available for inspection within 10 business days of receiving a written request.7
         Failure to provide an owner or renter the requested records within 10 business days of receiving a
         request creates a rebuttable presumption that the association willfully failed to provide the records. A
         owner who is denied access to the records is entitled to damages and costs. 8

         An association may adopt reasonable rules regarding the frequency, time, location, notice, and manner
         of record inspections. An association also has the option to make the official records available
         electronically via the Internet or by allowing the records to be viewed in electronic format on a computer
         screen. 9 Additionally, condominium associations with 150 or more units must maintain a website with
         digital copies of certain official records such as meeting notices, a copy of the articles of incorporation,
         declaration, bylaws, and rules of the association. 10




5
  Ss. 7 l 8. l l 1(12)(a), 719.104(2), and 720.303(4)-(5), F.S.
6
  Ss. 718.111 (12)(b) and (c), 7 l 9.104(2)(b) and (c), and 720.303(5), F.S.
7 Id.

s Id.
9 Id.
10
   Ss. 718. l l 1(12)(b), and (g), F.S.
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          However, the following records are not available for inspection by owners:11

              •    Records protected by the lawyer-client privilege;
              •    Information obtained by an association in connection with the transfer of a unit or parcel;
              •    Personnel records of association or management company employees;
              •    Unit owner medical records;
              •    Personnel identifying information such as social security numbers, driver license numbers, and
                   credit card numbers;
              •    Electronic security measures that are used to safeguard data; and
              •    The software and operating system used by the association which allow the manipulation of
                   data.

          Statements of the Account

         A statement of the account 12 is an account statement that details the outstanding amount that a unit or
         parcel owner owes to the association. Associations must maintain a current account and a periodic 13
         statement of the account for each unit or parcel, which designates the name of the owner, the due date
         and amount of each assessment, the amount paid on the account, and the balance due. 14

         Statements of the account for each unit or parcel owner are part of the official records, which are
         available for inspection .15 Associations may also deliver statements of the account to the unit or parcel
         owners. However, current law does not specify how an association must deliver statements of the
         account to owners, e.g., by regular mail or email. Current law also does not provide a process to notify
         unit or parcel owners, if an association alters its method of delivering the statement of the account.

         Assessments

         Current law gives associations the ability to levy and collect assessments from the unit or parcel
         owners. This allows the association to carry out its responsibility for the management, operation, and
         maintenance of the community association.16

         In addition to levying assessments, associations also have the power to establish the time when each
         assessment or assessment payment is due including when an assessment or assessment payment
         becomes delinquent. 17

         The most common assessments are those required to fund an association's common expenses in an
         association's annual budget. The amount to fund the common expenses and the assessments required
         to meet that amount are determined when an association's budget is adopted. 18 A special assessment
         is an assessment levied against unit or parcel owners for unexpected expenses that are over and
         above those anticipated by the annual budget. 19

11
   Ss. 718.l l 1(12)(c), 719.104(2)(c), and 720.303(5), F.S.
12
   A statement of the account is different from an estoppel certificate. An estoppel certificate issued by an association certifies the total
debt owed to the association for unpaid financial obligations by a parcel owner or unit owner as of a specified date. An association is
legally bound by the amount stated in the estoppel certificate. A unit or parcel purchaser or a mortgage holder who relies on an
estoppel certificate is protected from any assessments or other monies owed to the association that are not in the certificate. Ss.
718.116(8), 719.108(6), and 720.30851, F.S.
13
   Condominium and cooperative associations must maintain a monthly, bimonthly, or quarterly statement of the account. Ss.
718 .111(12)(a), and 719.104(2), F.S.
14 Ss. 718.111 (12)(a), 719.104(2), and 720.303( 4)-(5), F.S.

1s Id.
16
   S. 718.111(4), 719.104(5), 720.301(1), and 720.308(l)F.S.
17
   See generally, ch. 718, 719, and 720, F.S.
18 Ss. 718.103(1), 718.112(2)(f), 719.103(9), and 719.106(l)(i), and 720.303(6)(a), F.S.
19
   Ss. 718.103(24), 718.116(10), 719.103(23), 719.108(9), and 720.303(6), F.S.
STORAGE NAME: h0615.RRS.D0CX                                                                                                         PAGE: 4
DATE: 3/6/2021
         When the amount of assessments has been determined, the association must establish a payment
         schedule for the owners in accordance with the association's bylaws. For condominium and
         cooperative associations, payments must be made in advance and they must be paid at least quarterly.
         The payments must be sufficient to provide the funds necessary to pay all the anticipated operating
         expenses and all unpaid expenses previously incurred. 20

         A unit or parcel owner may not avoid paying assessments by waiving the use of common elements or
         common services in the association . No unit or parcel owner may be relieved from liability for all or any
         part of an assessment. 21 Boards must keep account of the assessments levied against every unit or
         parcel owner and the assessments paid by every owner. These records are a part of the official
         records.22

         Liability for Assessments

         A unit or parcel owner is liable for all assessments coming due while he or she is the owner of the unit
         or parcel. The unit or parcel serves as security for the payment of all assessments owed by an owner.23

         If a unit or parcel is sold , the buyer becomes jointly and severally liable with the seller for all unpaid
         assessments due prior to the time of the sale. The buyer may attempt to recover the unpaid
         assessments from the seller, but the association may look to the seller and the buyer for the unpaid
         assessments.24

         Assessments that are not paid on time bear interest at a rate provided in the declaration, which may not
         be higher than the highest rate allowed by law, or at a rate of 18 percent per year if no rate is provided.
         Interest begins accruing the date a payment becomes delinquent. Additionally, an association may levy
         a late fee for any payment that is delinquent. The amount of the late fee may not exceed $25 or five
         percent of the payment, whichever is greater. Associations are entitled to recover any attorney's fees
         and costs incurred in the collection of delinquent payments.25

         If an association receives a payment for a delinquent assessment, the payment must first be applied to
         any accrued interest, then to any late fee , then to any attorney's fees or costs, and finally to the
         principle balance of the assessment. 26

         Currently, there is no requirement for associations to send a delinquent assessment notice prior to
         charging late fees, interest, or attorney's fees. According to news reports, this can result in unit or
         parcel owners being charged attorney's fees that exceed the delinquent assessment. 27 According to
         industry biogs, allowing associations to collect attorney's fees ensures associations are not left holding
         the bill when they take legal action.28 However, industry biogs also state that sending a delinquent



20
   S. 7 I 8. l 12(2)(g), 719.106(1 )(g), and 720.30851(1 ), F.S.
21
   Ss. 718.111(4), and 718.l 16(l)(a), 719.108(1), and 720.3085(2)(a), F.S.
22
   Ss. 718. l I 1(12)(a), 719.104(2), and 720.303( 4)-(5), F.S.
23
   Ss. 718.111 (4), and 718. l 16(l)(a), 719.108(1 ), and 720.3085(2)(a), F.S.
24
   Id.; Karpay v. Las Brisas Condominium Association, Inc., 517 So. 2d 756, 757 (Fla. 2nd DCA l 987).
25
   Ss. 718.116(3), 719.108(3), and 720.3085(3), F.S.
26 Id.
27
   Fox 13 Tampa Bay, FOX 13 Investigates: HOA attorney fees a homeowner's nightmare, Fox 13 Tampa Bay (Jan. 20, 2016)
https://www.foxl3news.com/news/fox-13-investigates -hoa-attorney-fees-a-homeowners-nightmare (last visited Mar. 5, 2021); Todd
Ulrich, 'They put me through hell': Homeowner battles HOA, gets thousands in settlement, WFTV (Feb. 16, 2021)
https://www.wftv.com/news/action9/they-pul-me-lhrough-bell-homeowner-battles-hoa-gets-thousands-
seltlement/YD26M ECEZVBITMX7 E31-10S7JT2 I/ (last visited Mar. 5, 2021).
28
   Jimerson Birr, Condominium Association Recovery ofAttorneys' Fees in Florida, Jimerson Birr, (Dec. 29, 2015)
https://www .jimersontirm .com/blog/20 15/ 12/condominium-association-recovery-o f-attomeys-fees-in-florida/ (last visited Mar. 5,
2021).
STORAGE NAME: h0615.RRS .DOCX                                                                                               PAGE: 5
DATE : 3/6/2021
          assessment notice before taking any action against a unit or parcel owner can help remind owners of
          their payment obligation, and the majority of owners make a payment upon receiving the notice. 29

          Claim of Lien

          An association has a lien for all unpaid assessments, but not unpaid fines 30 . An association may file a
          claim of lien for a delinquent assessment with the Clerk of Court in the county where the association is
          located. The claim of lien must state the legal description of the unit or parcel, the owner of the unit or
          parcel, the name and address of the association, and the assessment amount and the due date. An
          officer or agent of the association must sign the claim of lien. A filed claim of lien is valid for one year. 31

          Prior to filing a claim of lien, a community association must give a unit or parcel owner the opportunity
          to pay a delinquent assessment. At least 30 days before filing a claim of lien, a condominium or
          cooperative association must provide written notice of the association's intent to file a lien to the unit
          owner. However, an HOA must provide a parcel owner the written notice at least 45 days before filing
          the claim of lien. The notice must include the following information: 32

              •    The amount owed on the owner's account;
              •    The interest rate for the amounts owed.
              •    A statement that the owner has 30 or 45 days to pay the amount owed or the association will file
                   a claim of lien against the unit or parcel;
              •    A breakdown of the amount owed including:
                       o Maintenance costs due;
                       o Late fee;
                       o Interest; and
                       o Total amount owed.

         The notice must be sent by first class and certified mail to the owner's address listed in the official
         records. 33 If the address is different than the unit or parcel address, the notice must also be sent to the
         unit or parcel. If the address is different than the unit or parcel address and the address is outside the
         United States, the association may send the notice by first class mail, instead of first and certified mail.
         Service is deemed delivered upon mailing the notice for condominium and cooperative associations. 34

         A unit or parcel owner may challenge a claim of lien by filing a notice of contest of lien with the Clerk of
         Court. After a unit owner files a notice of contest, an association has 90 days to commence
         enforcement of the lien. The grounds for which a unit owner may not pay an assessment are limited,
         such as when the assessment is discriminatory or has been improperly levied by the board. 35

         An association may bring an action to foreclose on a unit or parcel for unpaid assessments in circuit
         court in the same way that a mortgage on real estate is foreclosed. The homestead protections
         provided by Florida's Constitution do not prevent the foreclosure and sale of a unit or parcel. In addition
         to an action of foreclosure, an association may also bring a civil action to recover a money judgment for
         the unpaid assessments without waiving any claim of lien. 36

29
   Jimerson Birr, Five Steps for Collecting Assessment Revenue Through a Condominium Assessment lien, Jimerson Birr, (Aug. 9,
2018) https://www. j imerson firm .com/b log/20 J 8/08/florida-condom in ium-assessment-1 ien/ (last visited Mar. 4, 2021 ); Christopher R.
Moore, Step-By-Step Guide To The HOA Assessment Collections Process, Homeowners Protection Bureau, LLC,
https://www.hopb.co/blog/guide-to-hoa-assessment-collections-process#notice-of-delinquency (last visited Mar. 4, 2021 ).
30
   An HOA has a lien on a parcel for a fine that is $1,000 or more. S. 720.305(2), F.S.
31
   Ss. 718.116(5), and 718.303(3), 719.108(4), 720.301(1 ), and (11 ), 720.305(2), and 720.3085(1 ), F.S.F.S.
32
   S. 718.121(4) and 718.108(4), 719.108(4), and 720.3085(4), F.S.
33
   A cooperative association is only required to send the written notice by certified mail. S. 719.108(4).
34 Id.
35
   Ss. 718.116(5), 719.108(4), and 720.3085(1), F.S.; Coral Way Condominium Investments, Inc. v. 21/22 Condominium Ass 'n, Inc.,
66 So. 3d 1038, 1041 (Fla. 3rd DCA 2011).
36
   S. 718.1 l 6(6)(a), 719.108(5), and 720.3085(1) F.S. Bessemer v. Gersten , 381 So. 2d 1344, 1347 (Fla. 1980).
STORAGE NAME: h0615.RRS.D0CX                                                                                                        PAGE: 6
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            Prior to foreclosing on a lien, a condominium association or an HOA must provide written notice to the
            owner of its intent to foreclose on the lien. A condominium association must provide the notice at least
            30 days before foreclosing on the lien. However, an HOA must give a parcel owner written notice at
            least 45 days before foreclosing on the lien. The notice must include the following information: 37

                 •    A claim of lien has been filed against the owner's property for failing to pay an assessment(s);
                 •    The association intends to foreclose on the lien in 30 or 45 days
                 •    The total amount owed;
                 •    The interest rate and the interest owed; and
                 •    The contact information for the association's attorney/representative.

            A condominium association must mail deliver the notice to the unit owner or mail the notice by certified
            mail to the unit owner's last known address. Service is deemed delivered upon mailing the notice.38 The
            notice must be sent by first class and certified mail to the owner's address listed in the official records.
            If the address is different than the unit or parcel address, the notice must also be delivered to unit or
            parcel. If the address is different than the unit or parcel address and the address is outside the United
            States, the association may send the notice by first class mail.

            Effect of the Bill

            The bill requires associations to deliver a unit or parcel's statement of the account by first class mail or
            email to the owner's email address in the association's official records.

            The bill provides that before an association changes the method of delivering the statement of the
            account, the association must deliver written notice of such change to every unit or parcel owner and a
            unit or parcel owner must acknowledge the association is changing its method of delivery. An owner
            may make the acknowledgement in writing or electronically. The written notice must:

                 •    Be delivered to the owner at least 30 days before the association uses the new delivery method
                      to send the statement of the account; and
                 •    Be sent by first class mail to an owner's address listed in the official records. If the address is
                      different than the unit or parcel address, the notice must also be delivered to the unit or parcel
                      owner by first class mail.
                           o Service is deemed delivered upon mailing the notice.

            The bill provides that a unit or parcel owner's written acknowledgment becomes part of an association's
            officials records. However, the written acknowledgments are not available for inspection by the
            members of the association.

            The bill mirrors condominium and cooperative law to HOA law by:

                 •   increasing the period of time a condominium or cooperative association has to wait before filing
                     a lien from 30 days after delivering the written notice of intent to file a lien to 45 days after
                     delivering the notice; and
                 •   increasing the period of time a condominium has to wait before foreclosing on a lien from 30
                     days after delivering the written notice of intent to foreclose to 45 days after delivering the
                     notice .

          . The bill provides that a condominium association must send the notice of intent to file a lien by certified
            mail and first class mail to the unit owner's address regardless if the unit owner's address is outside the
            United States.

37
     Ss. 718. l l 6(6)(a) and 720.3085(5), F.S.
3s Id.
STORAGE NAME: h0615.RRS.DOCX                                                                                      PAGE: 7
DATE: 3/6/2021
        The bill provides that before an association can require payment of attorney fees related to a delinquent
        assessment, the association must deliver written notice of the delinquent assessment to the unit or
        parcel owner. If the owner pays the delinquent assessment within 30 days, the association may not
        assess attorney fees. The written notice must include the following information:

            •   The amount owed on the owner's account;
            •   The interest rate for the amounts owed .
            •   A statement that the owner has 30 days to pay the amount owed or the association will take
                further collection action against the owner's property in 30 days;
            •   A breakdown of the amount owed including:
                    o Maintenance costs due;
                    o Late fee ;
                    o Interest; and
                    o Total amount owed.

        The bill requires that the written notice must be sent by first class mail to an owner's address listed in
        the official records. If the address is different than the unit or parcel, the notice must also be mailed to
        the unit or parcel by first class mail. Service is deemed delivered upon mailing the notice.

    8 . SECTION DIRECTORY:
        Section 1.     Amends s. 718.111, F.S., adding documents that are a part of a condominium
                       association's official records.

        Section 2.     Amends s. 718.116, F.S., extending the time a condominium association must wait until
                       it forecloses on a lien.

        Section 3.     Amends s. 718.121, F.S., relating to payments for assessments and lien claims.

        Section 4.     Amends s. 719.104, F.S., adding documents that are a part of a cooperative
                       association's official records.

        Section 5.     Amends 719.108, F.S., relating to payments for assessments and lien claims.

        Section 6.     Amends s. 720.303, F.S., adding documents that are a part of a HOA's official records.

       Section 7.      Amends s. 720.3085, F.S., relating to payments for assessments and lien claims.

        Section 8.     Providing an effective date of July 1, 2021.


                         II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

    8 . FISCAL IMPACT ON LOCAL GOVERNMENTS:


STORAGE NAME: h0615.RRS .D0CX                                                                                  PAGE : B
DATE : 3/6/2021
        1. Revenues :
           None.

        2. Expenditures:
           None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        The additional notice requirements, restrictions on collecting attorney fees, and increased notice period
        for a claim of lien may provide a net positive fiscal for community association residents.

    D. FISCAL COMMENTS:
        None.


                                                Ill. COMMENTS

    A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

    8 . RULE-MAKING AUTHORITY:
       None.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
       The bill does not provide how a unit or parcel owner must acknowledge an association's written notice
       that the association is changing its delivery method for account statements. It also does not state what
       happens if a unit or parcel owner does not acknowledge an association's written notice.


                         IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0615.RRS.D0CX                                                                              PAGE : 9
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        HB 615                                                                2021




 1                                         A bill to be entitled
 2               An act relating to community association assessment
 3               notices; amending s. 718.111, F.S.; requiring
 4               condominium associations to maintain specified
 5               affirmative acknowledgments as official records of the
 6               association; specifying that such acknowledgments are
 7               not accessible to unit owners; amending s. 718.116,
 8               F.S.; revising timeframes for foreclosure judgments;
 9               conforming provisions to changes made by the act;
10               amending s. 718.121, F.S.; requiring condominium
11               associations to deliver certain statements of account
12               to unit owners in a specified manner; requiring
13               condominium associations to give notice to unit owners
14               before changing the method of delivery for the
15               statements of account; providing requirements for the
16               notice; requiring unit owners to affirmatively
17               acknowledge the changes in delivery methods;
18               prohibiting condominium associations from requiring
19               the payment of attorney fees relating to past due
20               assessments without first providing a specified notice
21               to unit owners; providing requirements for the notice;
22               revising the timeframe for condominium associations to
23               file liens against condominium units; conforming
24               provisions to changes made by the act; amending s.
25               719.104, F.S.; requiring cooperative associations to

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        HB 615                                                                     2021




26               maintain specified affirmative acknowledgments as
27               official records of the association; specifying that
28               such acknowledgments are not accessible to unit
29               owners; amending s. 719.108,                  F.S.; requiring
30               cooperative associations to deliver certain statements
31               of account to unit owners in a specified manner;
32               requiring cooperative associations to give notice to
33               unit owners before changing the method of delivery for
34               the statements of account; providing requirements for
35               the notice; requiring unit owners to affirmatively
36               acknowledge the changes in delivery methods;
37               prohibiting cooperative associations from requiring
38               the payment of attorney fees relating to past due
39               assessments without first providing specified notice
40               to unit owners; providing requirements for the notice;
41               revising the timeframe for cooperative associations to
42               file liens against cooperative parcels; conforming
43               provisions to changes made by the act; amending s.
44               720.303,      F.S.; requiring homeowners' associations to
45               maintain specified affirmative acknowledgments as
46               official records of the association; specifying that
47               such acknowledgments are not accessible to parcel
48               owners; amending s. 720.3085,                  F.S.; requiring
49               homeowners' associations to deliver certain statements
50               of account to parcel owners in a specified manner;

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51                requiring homeowners' associations to give notice to
52                parcel owners before changing the method of delivery
53                for the statements of account; providing requirements
54                for the notice; requiring parcel owners to
55                affirmatively acknowledge the changes in delivery
56                methods; prohibiting homeowners' associations from
57                requiring the payment of attorney fees relating to
58                past due assessments without first providing specified
59                notice to parcel owners; providing requirements for
60                the notice; providing an effective date.
61
62      Be It Enacted by the Legislature of the State of Florida:
63
64                Section 1.        Paragraphs        (a)       and (c)   of subsection (12) of
65      section 718.111,            Florida Statutes, are amended to read:
66                718.111      The association.-
67                (12)     OFFICIAL RECORDS.-
68                (a)     From the inception of the association, the association
69      shall maintain each of the following items,                           if applicable, which
70      constitutes the official records of the association:
71                1.     A copy of the plans, permits, warranties,                   and other
72      items provided by the developer pursuant to s. 718.301(4).
73                2.     A photocopy of the recorded declaration of condominium
74      of each condominium operated by the association and each
75      amendment to each declaration.

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 76                3.     A photocopy of the recorded bylaws of the association
 77       and each amendment to the bylaws.
 78                4.    A certified copy of the articles of incorporation of
 79       the association, or other documents creating the association,
 80       and each amendment thereto.
 81                5.    A copy of the current rules of the association.
 82                6.    A book or books that contain the minutes of all
 83       meetings of the association, the board of administration, and
 84       the unit owners.
 85                7.    A current roster of all unit owners and their mailing
 86       addresses, unit identifications, voting certifications, and,                if
 87       known,        telephone numbers. The association shall also maintain
 88       the e-mail addresses and facsimile numbers of unit owners
 89       consenting to receive notice by electronic transmission. Thee-
 90       mail addresses and facsimile numbers are not accessible to unit
 91       owners if consent to receive notice by electronic transmission
 92       is not provided in accordance with sub-subparagraph (c)3.e.
 93       However, the association is not liable for an inadvertent
 94       disclosure of the e-mail address or facsimile number for
 95       receiving electronic transmission of notices.
 96                8.    All current insurance policies of the association and
 97       condominiums operated by the association.
 98                9.    A current copy of any management agreement,          lease, or
 99       other contract to which the association is a party or under
100       which the association or the unit owners have an obligation or

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101       responsibility.
102                10.    Bills of sale or transfer for all property owned by
103       the association.
104                11.    Accounting records for the association and separate
105      accounting records for each condominium that the association
106      operates. Any person who knowingly or intentionally defaces or
107      destroys such records, or who knowingly or intentionally fails
108      to create or maintain such records, with the intent of causing
109      harm to the association or one or more of its members, is
110      personally subject to a civil penalty pursuant to s.
111      718.501(1) (d). The accounting records must include, but are not
112      limited to:
113                a.    Accurate, itemized, and detailed records of all
114      receipts and expenditures.
115                b.    A current account and a monthly, bimonthly, or
116      quarterly statement of the account for each unit designating the
117      name of the unit owner, the due date and amount of each
118      assessment, the amount paid on the account, and the balance due.
119                c.    All audits, reviews, accounting statements, and
120      financial reports of the association or condominium.
121                d.    All contracts for work to be performed. Bids for work
122      to be performed are also considered official records and must be
123      maintained by the association.
124                12.    Ballots, sign-in sheets, voting proxies, and all other
125      papers and electronic records relating to voting by unit owners,

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126        which must be maintained for 1 year from the date of the
127       election, vote, or meeting to which the document relates,
128        notwithstanding paragraph (b).
129                 13.      All rental records if the association is acting as
130       agent for the rental of condominium units.
131                 14.      A copy of the current question and answer sheet as
132       described ins. 718.504.
133                 15.      All other ',ffitten records of the association not
134       specifically included in the foregoing \~ich arc related to the
135       operation of the association.
136                 ±-6-.-   A copy of the inspection report as described ins.
137       718. 301 (4) (p).
138                 16.-±-+.    Bids for materials, equipment, or services.
139                 17.      All affirmative acknowledgments made pursuant to s.
140       718.121(4) (c).
1 41                18.      All other written records of the association not
142       specifically included in the foregoing which are related to the
143       operation of the association.
144                 (c)l.      The official records of the association arc open to
145       inspection by any association member or the authorized
146       representative of such member at all reasonable times. The right
147       to inspect the records includes the right to make or obtain
148       copies, at the reasonable expense, if any, of the member or
149       authorized representative of such member. A renter of a unit has
150       a right to inspect and copy the association's bylaws and rules.

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151       The association may adopt reasonable rules regarding the
152       frequency,       time,     location, notice, and manner of record
153       inspections and copying. The failure of an association to
154      provide the records within 10 working days after receipt of a
155      written request creates a rebuttable presumption that the
156      association willfully failed to comply with this paragraph. A
157      unit owner who is denied access to official records is entitled
158      to the actual damages or minimum damages for the association's
159      willful failure to comply. Minimum damages are $50 per calendar
160      day for up to 10 days, beginning on the 11th working day after
161      receipt of the written request. The failure to permit inspection
162      entitles any person prevailing in an enforcement action to
163      recover reasonable attorney fees from the person in control of
164      the records who, directly or indirectly,                             knowingly denied access
165      to the records.
166                2.   Any person who knowingly or intentionally defaces or
167      destroys accounting records that are required by this chapter to
168      be maintained during the period for which such records are
169      required to be maintained, or who knowingly or intentionally
170      fails to create or maintain accounting records that are required
171      to be created or maintained, with the intent of causing harm to
172      the association or one or more of its members,                            is personally
173      subject to a civil penalty pursuant to s. 718. 501 (1) (d).
174                3.   The association shall maintain an adequate number of
175      copies of the declaration, articles of incorporation, bylaws,

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176       and rules, and all amendments to each of the foregoing, as well
177       as the question and answer sheet as described ins. 718.504 and
178       year-end financial information required under this section, on
179       the condominium property to ensure their availability to unit
180      owners and prospective purchasers, and may charge its actual
181      costs for preparing and furnishing these documents to those
182      requesting the documents. An association shall allow a member or
183      his or her authorized representative to use a portable device,
184      including a smartphone, tablet, portable scanner, or any other
185      technology capable of scanning or taking photographs, to make an
186      electronic copy of the official records in lieu of the
187      association's providing the member or his or her authorized
188      representative with a copy of such records. The association may
189      not charge a member or his or her authorized representative for
190      the use of a portable device. Notwithstanding this paragraph,
191      the following records are not accessible to unit owners:
192                a.   Any record protected by the lawyer-client privilege as
193      described ins. 90.502 and any record protected by the work-
194      product privilege, including a record prepared by an association
195      attorney or prepared at the attorney's express direction, which
196      reflects a mental impression, conclusion, litigation strategy,
197      or legal theory of the attorney or the association, and which
198      was prepared exclusively for civil or criminal litigation or for
199      adversarial administrative proceedings, or which was prepared in
200      anticipation of such litigation or proceedings until the

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201       conclusion of the litigation or proceedings.
202                b.    Information obtained by an association in connection
203       with the approval of the lease, sale, or other transfer of a
204       unit.
205                c.    Personnel records of association or management company
206       employees, including, but not limited to, disciplinary, payroll,
207       health, and insurance records. For purposes of this sub-
208       subparagraph, the term "personnel records" does not include
209       written employment agreements with an association employee or
210       management company, or budgetary or financial records that
211       indicate the compensation paid to an association employee.
212                d.    Medical records of unit owners.
213                e.    Social security numbers, driver license numbers, credit
214       card numbers, e-mail addresses, telephone numbers, facsimile
215       numbers, emergency contact information, addresses of a unit
216       owner other than as provided to fulfill the association's notice
217       requirements, and other personal identifying information of any
218       person, excluding the person's name, unit designation, mailing
219       address, property address, and any address, e-mail address, or
220       facsimile number provided to the association to fulfill the
221       association's notice requirements. Notwithstanding the
222       restrictions in this sub-subparagraph, an association may print
223       and distribute to parcel owners a directory containing the name,
224       parcel address, and all telephone numbers of each parcel owner.
225       However, an owner may exclude his or her telephone numbers from

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226       the directory by so requesting in writing to the association. An
227       owner may consent in writing to the disclosure of other contact
228       information described in this sub-subparagraph. The association
229       is not liable for the inadvertent disclosure of information that
230       is protected under this sub-subparagraph if the information is
231       included in an official record of the association and is
232      voluntarily provided by an owner and not requested by the
233      association.
234                f.     Electronic security measures that are used by the
235      association to safeguard data, including passwords.
236                g.     The software and operating system used by the
237      association which allow the manipulation of data, even if the
238      owner owns a copy of the same software used by the association.
239      The data is part of the official records of the association.
240                h.     All affirmative acknowledgments made pursuant to s .
241      718.121 (4) (c).
242                Section 2.        Paragraph (b) of subsection (6) of section
243      718.116, Florida Statutes, is amended to read:
244                718.116     Assessments; liability; lien and priority;
245      interest; collection.-
246                ( 6)

247                (b)    No foreclosure judgment may be entered until at least
248      45 -3--G- days after the association gives written notice to the
249      unit owner of its intention to foreclose its lien to collect the
250      unpaid assessments. The notice must be in substantially the

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         HB 615                                                                           2021




251      following form:
252
253                                          DELINQUENT ASSESSMENT
254
255               This letter is to inform you a Claim of Lien has been
256               filed against your property because you have not paid
257               the ... (type of assessment) ... assessment to                (name
258               of association) .... The association intends to
259               foreclose the lien and collect the unpaid amount
260               within 45        ~   days of this letter being provided to
261               you.
262
263               You owe the interest accruing from ... (month/year) ...
264               to the present. As of the date of this letter, the
265               total amount due with interest is$ ..... All costs of
266               any action and interest from this day forward will
267               also be charged to your account.
268
269               Any questions concerning this matter should be
270               directed to ... (insert name, addresses, and telephone
271               numbers of association representative) ....
272
273      If this notice is not given at least 45 ~ days before the
274      foreclosure action is filed,                   and if the unpaid assessments,
275      including those coming due after the claim of lien is recorded,

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          HB 615                                                                  2021



276       are paid before the entry of a final judgment of foreclosure,
277       the association shall not recover attorney attorney's fees or
278       costs. The notice must be given by delivery of a copy of it to
279       the unit owner or by certified or registered mail, return
280       receipt requested, addressed to the unit owner at his or her
281      last known address; and, upon such mailing, the notice shall be
282      deemed to have been given, and the court shall proceed with the
283      foreclosure action and may award attorney attorney's fees and
284      costs as permitted by law. The notice requirements of this
285      subsection are satisfied if the unit owner records a notice of
286      contest of lien as provided in subsection (5). The notice
287      requirements of this subsection do not apply if an action to
288      foreclose a mortgage on the condominium unit is pending before
289      any court; if the rights of the association would be affected by
290      such foreclosure; and if actual, constructive, or substitute
291      service of process has been made on the unit owner.
292                Section 3.       Subsection (4) of section 718.121, Florida
293      Statutes, is amended, and subsections (5) and (6) are added to
294      that section, to read:
295                718.121     Liens.-
296                (4) (a)    The association must deliver a unit's statement of
297      the account described ins. 718.111(12) (a)ll.b. to the unit
298      owner by first-class United States mail or by electronic
299      transmission to the unit owner's e-mail address maintained in
300      the association's official records.

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          HB 615                                                               2021




301                (b)   Before changing the method of delivery for the
302       statement of the account , the association must deliver a written
303       notice of such change to each unit owner. The written notice
304      must be delivered to the unit owner at least 30 days before the
305      association sends the statement of the account by the new
306      delivery method. The notice must be sent by first-class United
307      States mail to the unit owner at his or her last address as
308      reflected in the association's records and, if such address is
309      not the unit address, must be sent by first-class United States
310      mail to the unit address. Notice is deemed to have been given
311      upon mailing as required by this paragraph.
312                (c)   A unit owner must affirmatively acknowledge his or her
313      understanding that the association will change its method of
314      delivery of the statement of the account before the association
315      may change the method of delivering the statement of the
316      account. The unit owner may make the affirmative acknowledgment
317      electronically or in writing.
318                (5)   An association may not require payment of attorney
319      fees related to a past due assessment without first delivering a
320      written notice of late assessment to the unit owner which
321      specifies the amount owed the association and provides the unit
322      owner an opportunity to pay the amount owed without the
323      assessment of attorney fees. The notice of late assessment must
324      be sent by first-class United States mail to the unit owner at
325      his or her last address as reflected in the association's

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          HB 615                                                                          2021




326       records and, if such address is not the unit address, must be
327      sent by first-class United States mail to the unit address.
328      Notice is deemed to have been given upon mailing as required by
329      this subsection. The notice must be in substantially the
330       following form:
331
332                                      NOTICE OF LATE ASSESSMENT
333
334                RE: Unit .... of ... (name of association) ...
335
336                The following amounts are currently due on your
337                account to ... (name of association) ... , and must be
338                paid within 30 days of the date of this letter. This
339                letter shall serve as the association's notice of its
340                intent to proceed with further collection action
341                against your property no sooner than 30 days of the
342                date of this letter, unless you pay in full the
343                amounts set forth below:
344
345                Maintenance due ... (dates) ...                            $ .....
346                Late fee,     if applicable                                $ .•...

347                Interest through ... (dates) ... *                         $ .•.. .

348                TOTAL OUTSTANDING                                          $ .....
349
350                *Interest accrues at the rate of .... percent per annum.

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           HB 615                                                                       2021




351                 J....§.l   Except as otherwise provided in this chapter, no lien
352       may be filed by the association against a condominium unit until
353       ~    -3--G- days after the date on which a notice of intent to file a

354        lien has been delivered to the owner by registered or certified
355       mail, return receipt requested, ttfia by first-class United States
356       mail to the owner at his or her last address as reflected in the
357       association's records and, if such address is not the unit
358       address, by first-class United States mail to the unit address
359       of the assoeiatiofl, if the address is withifl the United States,
3 60      ttfia deli·:ered to the mmer at ti,e address of the unit if the

3 61      owner's address as reflected in the records of the assoc-i ation
362       is not the unit address . If the address reflected in the records
3 63      is outside the United States, a.ending the notice to that address
364       and to the Wlit address by first class United States mail is
365       sufficient. Delivery of the notice shall be deemed given upon
366       mailing as required by this subsection. The notice must be in
367       substantially the following form:
368
369                                               NOTICE OF INTENT
370                                       TO RECORD A CLAIM OF LIEN
371
372                 RE: Unit .... of ... (name of association) ...
373
374                 The following amounts are currently due on your
375                 account to ... (name of association) ... , and must be

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           HB 615                                                                          2021




376                 paid within~ -3--9- days after your receipt of this
377                 letter. This letter shall serve as the association's
378                 notice of intent to record a Claim of Lien against
379                 your property no sooner than 45 -3--9- days after your
380                 receipt of this letter, unless you pay in full the
381                 amounts set forth below:
382
383                 Maintenance due ... (dates) ...                            $ .... .
384                 Late fee,        if applicable                             $ .... .
385                 Interest through ... (dates) ... *                         $ .... .
386                 Certified mail charges                                     $ .... .
387                 Other costs                                                $ .... .
388                 TOTAL OUTSTANDING                                          $ .... .
389
390                 *Interest accrues at the rate of .... percent per
391                 annum.
392                 Section 4.        Paragraphs (a) and (c) of subsection (2) of
393       section 719.104, Florida Statutes, are amended to read:
394                 719.104      Cooperatives; access to units; records; financial
395       reports; assessments; purchase of leases.-
396                 (2)   OFFICIAL RECORDS.-
397                 (a)   From the inception of the association, the association
398       shall maintain a copy of each of the following, where
399       applicable, which shall constitute the official records of the
4 00      association:

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          HB 615                                                                2021



401                1.   The plans, permits, warranties, and other items
402      provided by the developer pursuant to s. 719.301(4).
403                2.   A photocopy of the cooperative documents.
404                3.   A copy of the current rules of the association.
405                4.   A book or books containing the minutes of all meetings
406      of the association, of the board of directors, and of the unit
407      owners.
408                5.   A current roster of all unit owners and their mailing
409      addresses, unit identifications, voting certifications, and, if
410       known, telephone numbers. The association shall also maintain
411      the e-mail addresses and the numbers designated by unit owners
412      for receiving notice sent by electronic transmission of those
413      unit owners consenting to receive notice by electronic
414      transmission. The e-mail addresses and numbers provided by unit
415      owners to receive notice by electronic transmission shall be
416      removed from association records when consent to receive notice
417      by electronic transmission is revoked. However, the association
418      is not liable for an erroneous disclosure of the e-mail address
419      or the number for receiving electronic transmission of notices.
420                6.   All current insurance policies of the association.
421                7.   A current copy of any management agreement, lease, or
422      other contract to which the association is a party or under
423      which the association or the unit owners have an obligation or
424      responsibility.
425                8.   Bills of sale or transfer for all property owned by the

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          HB 615                                                                   2021



426       association.
427                9.    Accounting records for the association and separate
428       accounting records for each unit it operates, according to good
429       accounting practices. The accounting records shall include, but
430       not be limited to:
431                a.    Accurate, itemized, and detailed records of all
432       receipts and expenditures.
433                b.    A current account and a monthly, bimonthly, or
434      quarterly statement of the account for each unit .designating the
435      name of the unit owner, the due date and amount of each
436      assessment, the amount paid upon the account, and the balance
437      due.
438                c.    All audits, reviews, accounting statements, and
439      financial reports of the association.
440                d.    All contracts f o r work to be performed. Bids for work
441      to be performed shall also be considered official records and
442      shall be maintained for a period of 1 year.
443                10.    Ballots, sign-in sheets, voting proxies, and all other
444      papers and electronic records relating to voting by unit owners,
445      which shall be maintained for a period of 1 year after the date
446      of the election, vote, or meeting to which the document relates.
447                11.   All rental records where the association is acting as
448      agent for the rental of units.
449                12.   A copy of the current question and answer sheet as
450      described ins. 719.504.

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           HB 615                                                                2021




451                 13.   All affirmative acknowledgments made pursuant to s.
452        719.108(3) (b)3.
453                 14.   All other written records of the association not
454        specifically included in the foregoing which are related to the
455        operation of the association.
456                 (c)   The official records of the association are open to
457        inspection by any association member or the authorized
458        representative of such member at all reasonable times. The right
459        to inspect the records includes the right to make or obtain
4 60      copies, at the reasonable expense, if any, of the association
461       member. The association may adopt reasonable rules regarding the
4 62      frequency,        time,     location, notice, and manner of record
4 63      inspections and copying. The failure of an association to
464       provide the records within 10 working days after receipt of a
465       written request creates a rebuttable presumption that the
466       association willfully failed to comply with this paragraph. A
4 67      unit owner who is denied access to official records is entitled
468       to the actual damages or minimum damages for the association's
469       willful failure to comply. The minimum damages are $50 per
470       calendar day for up to 10 days, beginning on the 11th working
471       day after receipt of the written request. The failure to permit
472       inspection entitles any person prevailing in an enforcement
473       action to recover reasonable attorney fees from the person in
474       control of the records who, directly or indirectly, knowingly
475       denied access to the records. Any person who knowingly or

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          HB 615                                                                          2021




476       intentionally defaces or destroys accounting records that are
477       required by this chapter to be maintained during the period for
478      which such records are required to be maintained, or who
479       knowingly or intentionally fails to create or maintain
480       accounting records that are required to be created or
481      maintained, with the intent of causing harm to the association
482      or one or more of its members, is personally subject to a civil
483      penalty pursuant to s. 719. 501 ( 1) ( d) . The association shall
484      maintain an adequate number of copies of the declaration,
485      articles of incorporation, bylaws, and rules, and all amendments
486      to each of the foregoing,                  as well as the question and answer
487      sheet as described ins. 719.504 and year-end financial
488      information required by the department, on the cooperative
489      property to ensure their availability to unit owners and
490      prospective purchasers, and may charge its actual costs for
491      preparing and furnishing these documents to those requesting the
492      same. An association shall allow a member or his or her
493      authorized representative to use a portable device, including a
494      smartphone, tablet, portable scanner, or any other technology
495      capable of scanning or taking photographs, to make an electronic
496      copy of the official records in lieu of the association
497      providing the member or his or her authorized representative
498      with a copy of such records. The association may not charge a
499      member or his or her authorized representative for the use of a
500      portable device. Notwithstanding this paragraph, the following

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         HB 615                                                                 2021




501      records shall not be accessible to unit owners:
502               1.    Any record protected by the lawyer-client privilege as
503      described ins. 90.502 and any record protected by the work-
504      product privilege, including any record prepared by an
505      association attorney or prepared at the attorney's express
506      direction which reflects a mental impression, conclusion,
507      litigation strategy, or legal theory of the attorney or the
508      association, and which was prepared exclusively for civil or
509      criminal litigation or for adversarial administrative
510      proceedings, or which was prepared in anticipation of such
511      litigation or proceedings until the conclusion of the litigation
512      or proceedings.
513               2.    Information obtained by an association in connection
514      with the approval of the lease, sale, or other transfer of a
515      unit.
516               3.    Personnel records of association or management company
517      employees, including, but not limited to, disciplinary, payroll,
518      health, and insurance records. For purposes of this
519      subparagraph, the term "personnel records" does not include
520      written employment agreements with an association employee or
521      management company, or budgetary or financial records that
522      indicate the compensation paid to an association employee.
523               4.   Medical records of unit owners.
524               5.   Social security numbers, driver license numbers, credit
525      card numbers, e-mail addresses, telephone numbers, facsimile

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          HB 615                                                               2021




526       numbers, emergency contact information, addresses of a unit
527       owner other than as provided to fulfill the association's notice
528       requirements, and other personal identifying information of any
529      person, excluding the person's name, unit designation, mailing
530      address, property address, and any address, e-mail address, or
531       facsimile number provided to the association to fulfill the
532      association's notice requirements. Notwithstanding the
533      restrictions in this subparagraph, an association may print and
534      distribute to unit parcel owners a directory containing the
535      name, unit parcel address, and all telephone numbers of each
536      unit parcel owner. However, an owner may exclude his or her
537      telephone numbers from the directory by so requesting in writing
538      to the association. An owner may consent in writing to the
539      disclosure of other contact information described in this
540      subparagraph. The association is not liable for the inadvertent
541      disclosure of information that is protected under this
542      subparagraph if the information is included in an official
543      record of the association and is voluntarily provided by an
544      owner and not requested by the association.
545                6.   Electronic security measures that are used by the
546      association to safeguard data, including passwords.
547                7.   The software and operating system used by the
548      association which allow the manipulation of data, even if the
549      owner owns a copy of the same software used by the association.
550      The data is part of the official records of the association.

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          HB 615                                                                             2021




551                8.   All affirmative acknowledgments made pursuant to s.
552       719.108 (3) (b)3.
553                Section 5.        Subsections (3) and (4) of section 719.108,
554       Florida Statutes, are amended to read:
555                719.108      Rents and assessments; liability; lien and
556      priority; interest; collection; cooperative ownership.-
557                (3)~       Rents and assessments, and installments on them,
558      not paid when due bear interest at the rate provided in the
559      cooperative documents from the date due until paid. This rate
560      may not exceed the rate allowed by law and, if a rate is not
561      provided in the cooperative documents, accrues at 18 percent per
562      annum. If the cooperative documents or bylaws so provide, the
563      association may charge an administrative late fee in addition to
564      such interest, not to exceed the greater of $25 or 5 percent of
565      each installment of the assessment for each delinquent
566      installment that the payment is late. Any payment received by an
567      association must be applied first to any interest accrued by the
568      association, then to any administrative late fee,                    then to any
569      costs and reasonable attorney fees incurred in collection, and
570      then to the delinquent assessment. The foregoing applies
571      notwithstanding s. 673.3111, any purported accord and
572      satisfaction, or any restrictive endorsement, designation, or
573      instruction placed on or accompanying a payment. The preceding
574      sentence is intended to clarify existing law. A late fee is not
575      subject to chapter 687 ors. 719.303(4).

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          HB 615                                                                                   2021




576                (b)l.     The association must deliver a unit's statement of
577       the account described in s. 719.104 (2) (a) 9.b. to the unit owner
578      by first-class United States mail or by electronic transmission
579       to the unit owner's e-mail address maintained in the
580      association's official records.
581                2.    Before changing the method of delivery for the
582      statement of the account, the association must deliver a written
583      notice of such change to each unit owner. The written notice
584      must be delivered to the unit owner at least 30 days before the
585      association sends the statement of the account by the new
586      delivery method. The notice must be sent by first-class United
587      States mail to the unit owner at his or her last address as
588      reflected in the association's records and,                          if such address is
589      not the unit address, must be sent by first-class United States
590      mail to the unit address. Notice is deemed to have been given
591      upon mailing as requi red by this s u bparagraph.
592                3.    A unit owner must affirmatively acknowledge his or her
593      understanding that the association will change its method of
594      delivery of the statement of the account before the association
595      may change the method of delivering the statement of the
596      account. The unit owner may make the affirmative acknowledgment
597      electronically or in writing.
598                (c)     An association may not require payment of attorney
599      fees related to a past due assessment without first delivering a
600      written notice of late assessment to the owner which specifies

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         HB 615                                                                          2021




601      the amount owed the association and provides the unit owner an
602      opportunity to pay the amount owed without the assessment of
603      attorney fees. The notice of late assessment must be sent by
604      first-class United States mail to the unit owner at his or her
605      last address as reflected in the association's records and, if
606      such address is not the unit address, must be sent by first-
607      class United States mail to the unit address. Notice is deemed
608      to have been given upon mailing as required by this paragraph.
609      The notice must be in substantially the following form:
610
611                                         NOTICE OF LATE ASSESSMENT
612
613               RE: Unit .... of ... (name of association) ...
614
615               The following amounts are currently due on your
616               account to ... (name of association) ... , and must be
617               paid within 30 days of the date of this letter. This
618               letter shall serve as the association's notice to
619               proceed with further collection action against your
620               property no sooner than 30 days of the date of this
621               letter, unless you pay in full the amounts set forth
622               below:
623
624               Maintenance due ... (dates) ...                             $ ...••

625               Late fee,        if applicable                              $ .....

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         HB 615                                                                          2021




626               Interest through ... (dates) ... *                          $ .....
627               TOTAL OUTSTANDING                                           $ .....

628
629               *Interest accrues at the rate of .... percent per annum.
630               (4)    The association has a lien on each cooperative parcel
631      for any unpaid rents and assessments, plus interest, and any
632      administrative late fees. If authorized by the cooperative
633      documents, the lien also secures reasonable attorney fees
634      incurred by the association incident to the collection of the
635      rents and assessments or enforcement of such lien. The lien is
636      effective from and after recording a claim of lien in the public
637      records in the county in which the cooperative parcel is located
638      which states the description of the cooperative parcel, the name
639      of the unit owner, the amount due, and the due dates. Except as
640      otherwise provided in this chapter, a lien may not be filed by
641      the association against a cooperative parcel until 45 -3-.e- days
642      after the date on which a notice of intent to file a lien has
643      been delivered to the owner.
644               (a)    The notice must be sent to the unit owner at the
645      address of the unit by first-class United States mail, and the
646      notice must be in substantially the following form:
647
648                                              NOTICE OF INTENT
649                                         TO RECORD A CLAIM OF LIEN
650

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          HB 615                                                                            2021




651                RE: Unit ... (unit number) . . . of ... (name of
652                cooperative) ...
653
654                The following amounts are currently due on your
655                account to ... (name of association) ... , and must be
656                paid within .!2 -3--G- days after your receipt of this
657                letter. This letter shall serve as the association's
658                notice of intent to record a Claim of Lien against
659                your property no sooner than 45 -3--G- days after your
660                receipt of this letter, unless you pay in full the
661                amounts set forth below:
662
663                Maintenance due ... (dates) ...                            $ .... .
664                Late fee,       if applicable                              $ .... .
665                Interest through ... (dates) ... *                         $ .... .
666                Certified mail charges                                     $ . . .. .
667                Other costs                                                $ .... .
668                TOTAL OUTSTANDING                                          $ .... .
669
670                *Interest accrues at the rate of .... percent per
671                annum.
672                1.   If the most recent address of the unit owner on the
673      records of the association is the address of the unit, the
674      notice must be sent by certified mail, return receipt requested,
675      to the unit owner at the address of the unit.

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          HB 615                                                                2021




676                2.    If the most recent address of the unit owner on the
677       records of the association is in the United States, but is not
678       the address of the unit, the notice must be sent by certified
679      mail, return receipt requested, to the unit owner at his or her
680      most recent address.
681                3.    If the most recent address of the unit owner on the
682       records of the association is not in the United States, the
683      notice must be sent by first-class United States mail to the
684      unit owner at his or her most recent address.
685                (b)   A notice that is sent pursuant to this subsection is
686      deemed delivered upon mailing. A claim of lien must be executed
687      and acknowledged by an officer or authorized agent of the
688      association. The lien is not effective 1 year after the claim of
689      lien was recorded unless, within that time, an action to enforce
690      the lien is commenced. The 1-year period is automatically
691      extended for any length of time during which the association is
692      prevented from filing a foreclosure action by an automatic stay
693      resulting from a bankruptcy petition filed by the parcel owner
694      or any other person claiming an interest in the parcel. The
695      claim of lien secures all unpaid rents and assessments that are
696      due and that may accrue after the claim of lien is recorded and
697      through the entry of a final judgment, as well as interest and
698      all reasonable costs and attorney fees incurred by the
699      association incident to the collection process. Upon payment in
700      full,     the person making the payment is entitled to a

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          HB 615                                                                                      2021




701       satisfaction of the lien.
702                (c)      By recording a notice in substantially the following
703       form, a unit owner or the unit owner's agent or attorney may
704       require the association to enforce a recorded claim of lien
705      against his or her cooperative parcel:
706
707                                      NOTICE OF CONTEST OF LIEN
708
709                TO:   ... (Name and address of association) ... :
710
711                You are notified that the undersigned contests the
712                claim of lien filed by you on .... ,                       ... (year) ... , and
713                recorded in Official Records Book .... at Page .... ,
714                of the public records of .... County, Florida, and
715                that the time within which you may file suit to
716                enforce your lien is limited to 90 days from the date
717                of service of this notice. Executed this .... day of
718                .... ,    ... (year) ....
719                Signed:     ... (Owner or Attorney) ...
720
721      After notice of contest of lien has been recorded, the clerk of
722      the circuit court shall mail a copy of the recorded notice to
723      the association by certified mail, return receipt requested, at
724      the address shown in the claim of lien or most recent amendment
725      to it and shall certify to the service on the face of the

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          HB 615                                                               2021




726       notice. Service is complete upon mailing. After service, the
727       association has 90 days in which to file an action to enforce
728       the lien. If the action is not filed within the 90-day period,
729       the lien is void. However, the 90-day period shall be extended
730       for any length of time during which the association is prevented
731       from filing its action because of an automatic stay resulting
732       from the filing of a bankruptcy petition by the unit owner or by
733      any other person claiming an interest in the parcel.
734                (d)   A release of lien must be in substantially the
735      following form:
736
737                                                 RELEASE OF LIEN
738
739      The undersigned lienor, in consideration of the final payment in
740      the amount of$ .... , hereby waives and releases its lien and
741      right to claim a lien for unpaid assessments through .... ,
742       ... (year) ... , recorded in the Official Records Book .... at Page
743      .... , of the public records of .... County, Florida, for the
744      following described real property:
745
746                THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO . . . . .
747                OF ... (NAME OF COOPERATIVE) ... , A COOPERATIVE AS SET
748                FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
749                ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
750                IN OFFICIAL RECORDS BOOK .... , PAGE .... , OF THE

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          HB615                                                                                        2021




751                PUBLIC RECORDS OF .. .. COUNTY, FLORIDA.
752
753       ... (Signature of Authorized Agent) ...                               . .. (Signature of
754      Witness) ...
755       ... (Print Name) ...                                                . .. (Print Name) ...
756
757                                                                      (Signature of Witness) .. .
758                                                                                 ... (Print Name) .. .
759
760      Sworn to (or affirmed) and subscribed before me this .... day of
761       .... ,    ... (year) ... , by ... (name of person making statement) ....
762       ... (Signature of Notary Public) ...
763       ... (Print, type, or stamp commissioned name of Notary Public) ...
764      Personally Known .... OR Produced .... as identification.
765                Section 6.       Present paragraph (1) of subsection (4) of
766      section 720.303, Florida Statutes, is redesignated as paragraph
767       (m), a new paragraph (1) is added to that subsection, and
768      paragraph (c) of subsection (5) of that section is amended, to
769      read:
770                720.303     Association powers and duties; meetings of board;
771      official records; budgets; financial reporting; association
772      funds; recalls.-
773                (4)   OFFICIAL RECORDS.-The association shall maintain each
774      of the following items, when applicable, which constitute the
775      official records of the association:

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         HB 615                                                                 2021




776               (1)    All affirmative acknowledgments made pursuant to s.
777      720.3085(3) (c)3.
778               (5)    INSPECTION AND COPYING OF RECORDS.-The official
779      records shall be maintained within the state for at least 7
780      years and shall be made available to a parcel owner for
781      inspection or photocopying within 45 miles of the community or
782      within the county in which the association is located within 10
783      business days after receipt by the board or its designee of a
784      written request. This subsection may be complied with by having
785      a copy of the official records available for inspection or
786      copying in the community or, at the option of the association,
787      by making the records available to a parcel owner electronically
788      via the Internet or by allowing the records to be viewed in
789      electronic format on a computer screen and printed upon request.
790      If the association has a photocopy machine available where the
791      records are maintained, it must provide parcel owners with
792      copies on request during the inspection if the entire request is
793      limited to no more than 25 pages. An association shall allow a
794      member or his or her authorized representative to use a portable
795      device, including a smartphone, tablet, portable scanner, or any
796      other technology capable of scanning or taking photographs, to
797      make an electronic copy of the official records in lieu of the
798      association's providing the member or his or her authorized
799      representative with a copy of such records. The association may
800      not charge a fee to a member or his or her authorized

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         HB 615                                                                             2021




801      representative for the use of a portable device.
802               (c)    The association may adopt reasonable written rules
803      governing the frequency,                   time, location, notice, records to be
804      inspected, and manner of inspections, but may not require a
805      parcel owner to demonstrate any proper purpose for the
806      inspection, state any reason for the inspection, or limit a
807      parcel owner's right to inspect records to less than one 8-hour
808      business day per month. The association may impose fees to cover
809      the costs of providing copies of the official records, including
810      the costs of copying and the costs required for personnel to
811      retrieve and copy the records if the time spent retrieving and
812      copying the records exceeds one-half hour and if the personnel
813      costs do not exceed $20 per hour. Personnel costs may not be
814      charged for records requests that result in the copying of 25 or
815      fewer pages. The association may charge up to 25 cents per page
816      for copies made on the association's photocopier. If the
817      association does not have a photocopy machine available where
818      the records are kept, or if the records requested to be copied
819      exceed 25 pages in length, the association may have copies made
820      by an outside duplicating service and may charge the actual cost
821      of copying, as supported by the vendor invoice. The association
822      shall maintain an adequate number of copies of the recorded
823      governing documents, to ensure their availability to members and
824      prospective members. Notwithstanding this paragraph, the
825      following records are not accessible to members or parcel

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         HB 615                                                                    2021




826      owners:
827               1.    Any record protected by the lawyer-client privilege as
828      described ins.            90.502 and any record protected by the work-
829      product privilege, including, but not limited to, a record
830      prepared by an association attorney or prepared at the
831      attorney's express direction which reflects a mental impression,
832      conclusion,         litigation strategy, or legal theory of the attorney
833      or the association and which was prepared exclusively for civil
834      or criminal litigation or for adversarial administrative
835      proceedings or which was prepared in anticipation of such
836      litigation or proceedings until the conclusion of the litigation
837      or proceedings.
838               2.    Information obtained by an association in connection
839      with the approval of the lease, sale, or other transfer of a
840      parcel.
841               3.    Personnel records of association or management company
842      employees,        including, but not limited to, disciplinary, payroll,
843      health, and insurance records. For purposes of this
844      subparagraph, the term "personnel records" does not include
845      written employment agreements with an association or management
846      company employee or budgetary or financial records that indicate
847      the compensation paid to an association or management company
848      employee.
849               4.   Medical records of parcel owners or community
850      residents.

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           HB 615                                                               2021




851                 5.   Social security numbers, driver license numbers, credit
852       card numbers, electronic mailing addresses, telephone numbers,
853        facsimile numbers, emergency contact information, any addresses
854        for a parcel owner other than as provided for association notice
855       requirements, and other personal identifying information of any
856       person, excluding the person's name, parcel designation, mailing
857       address, and property address. Notwithstanding the restrictions
858       in this subparagraph, an association may print and distribute to
859       parcel owners a directory containing the name, parcel address,
860       and all telephone numbers of each parcel owner. However, an
861       owner may exclude his or her telephone numbers from the
862       directory by so requesting in writing to the association. An
863       owner may consent in writing to the disclosure of other contact
8 64      information described in this subparagraph. The association is
865       not liable for the disclosure of information that is protected
866       under this subparagraph if the information is included in an
867       official record of the association and is voluntarily· provided
868       by an owner and not requested by the association.
869                 6.   Any electronic security measure that is used by the
870       association to safeguard data, including passwords.
871                 7.   The software and operating system used by the
872       association which allows the manipulation of data, even if the
873       owner owns a copy of the same software used by the association.
874       The data is part of the official records of the association.
875                 8.   All affirmative acknowledgments made pursuant to s.

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          HB 615                                                                   2021




876       720.3085(3) (c)3.
877                Section 7.         Paragraphs (c) and (d) are added to subsection
878       (3) of section 720.3085, Florida Statutes, to read:
879                720.3085         Payment for assessments; lien claims.-
880                (3)     Assessments and installments on assessments that are
881      not paid when due bear interest from the due date until paid at
882       the rate provided in the declaration of covenants or the bylaws
883      of the association, which rate may not exceed the rate allowed
884      by law. If no rate is provided in the declaration or bylaws,
885      interest accrues at the rate of 18 percent per year.
886                (c)l.     The association must deliver a parcel owner's
887      periodic statement of the account described ins.
888      7 20. 303 ( 4) ( j) 2. to the parcel owner by first-class United States
889      mail or by electronic transmission to the p arcel owner's e-mail
890      address maintained in the association's official records.
891                2.    Before changing the method of delivery for the
892      statement of the account, the association must deliver a written
893      notice such change to each parcel owner. The written notice must
894      be delivered to the parcel owner at least 30 days before the
895      association sends the statement of the account by the new
896      delivery method. The notice must be sent by first-class United
897      States mail to the owner at his or her last address as reflected
898      in the association's records and, if such address is not the
899      parcel address, must be sent by first-class United States mail
900      to the parcel address . Notice is deemed to have been given upon

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         HB 615                                                                  2021




901      mailing as required by this subparagraph.
902               3.    A parcel owner must affirmatively acknowle dge his or
903      her understanding that the association will change its method of
904      delivery of the statement of the account before the association
905      may change the method of delivering the statement of the
906      account. The parcel owner may make the affirmative
907      acknowledgment electronically or in writing.
908               (d)    An association may not require payment of attorney
909      fees related to a past due assessment without first delivering a
910      written notice of late assessment to the parcel owner which
911      specifies the amount owed the association and provides the
912      parcel owner an opportunity to pay the amount owed without the
913      assessment of attorney fees. The notice of late assessment must
914      be sent by first-class United States mail to the owner at his or
915      her last address as reflected in the association's records and,
916      if such address is not the parcel address, must be sent by
917      first-class United States mail to the parcel address. Notice is
918      deemed to have been given upon mailing as required by this
919      paragraph . The notic e must be in substan tially the following
920      form:
921
922                                      NOTICE OF LATE ASSESSMENT
923
924               RE: Parcel .... of ... (name of association) ...
925

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          HB 615                                                                         2021




926                The following amounts are currently due on your
927                account to ... (name of association) ... , and must be
928                paid within 30 days after the date of this letter.
929                This letter shall serve as the association's notice to
930                proceed with further collection action against your
931                property no sooner than 30 days after the date of this
932                letter, unless you pay in full the amounts set forth
933                below:
934
935                Maintenance due ... (dates) ...                            $ .....
936                Late fee, if applicable                                    $ .....
937                Interest through ... (dates) ... *                         $ .....
938                TOTAL OUTSTANDING                                          $ .....
939
940                *Interest accrues at the rate of .... percent per annum.
941                Section 8.       This act shall take effect July 1, 2021.




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                       REGULATORY REFORM SUBCOMMITTEE

                            HB 615 by Rep. Rodriguez
                     Community Association Assessment Notices

                                 AMENDMENT SUMMARY
                                     March 8, 2021


Amendment 1 by Rep. Rodriguez (strike-all):
The amendment:
   • Provides that if associations provide account statements to their unit or parcel owners,
      they must comply with the delivery requirements provided in the bill.
   • Creates a rebuttable presumption that an association mailed a notice of a late
      assessment if a board member, officer, agent of the association, or a licensed
      community association manager provides a sworn affidavit attesting to such mailing.
                                                    COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                             Bill No. HB 615     (2021)
       Amendment No. 1.




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                              (Y/N)
       ADOPTED AS AMENDED                   (Y/N)
       ADOPTED W/0 OBJECTION                (Y/N)
       FAILED TO ADOPT                      (Y/N)
       WITHDRAWN                            (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:              Regulatory Reform
 2     Subcommittee
 3     Re presentative Rodriguez of f ered the following:
 4
 5           Amendment (with title amendment)
 6             Remove everything after the enact ing clause and insert:
 7             Section 1.     Pa ragraphs   (a) and (c) o f subsection (12) of
 8     section 718.111, Florida Statutes, are amended to read:
 9             718.111     The association.-
10             (12)     OFFICIAL RECORDS. -
11             (a)     From the inception of the a ssoci ation, the a ssociation
12     shall maintain each of the following items, if applicable, which
13     constitutes the of fi cial records of the asso cia tion:
14             1.     A copy of t he plans, permits , warra nties, and other
15     it e ms provided by t he d e v e loper pu rsua nt to s . 718 . 301 (4).


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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 615   (2021)
       Amendment No. 1 .



16          2.   A photocopy of the recorded declaration of condominium
17     of each condominium operated by the association and each
18     amendment to each declaration.
19          3.   A photocopy of the recorded bylaws of the association
20     and each amendment to the bylaws.
21          4.   A certified copy of the articles of incorporation of
22     the association, or other documents creating the association,
23     and each amendment thereto.
24          5.   A copy of the current rules of the association.
25          6.   A book or books that contain the minutes of all
26     meetings of the association, the board of administration, and
27     the unit owners.
28          7.   A current roster of all unit owners and their mailing
29     addresses, unit identifications, voting certifications, and, if
30     known, telephone numbers. The association shall also maintain
31     the e-mail addresses and facsimile numbers of unit owners
32     consenting to receive notice by electronic transmission. Thee-
33     mail addresses and facsimile numbers are not accessible to unit
34     owners if consent to receive notice by electronic transmission
35     is not provided in accordance with sub-subparagraph (c)3.e.
36     However, the association is not liable for an inadvertent
37     disclosure of the e-mail address or facsimile number for
38     receiving electronic transmission of notices.
39          8.   All current insurance policies of the association and
40     condominiums operated by the association.

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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 615   (2021)
       Amendment No. 1.



41          9.    A current copy of any management agreement, lease, or
42     other contract to which the association is a party or under
43     which the association or the unit owners have an obligation or
44     responsibility.
45          10.    Bills of sale or transfer for all property owned by
46     the association.
47          11.    Accounting records for the association and separate
48     accounting records for each condominium that the association
49     operates. Any person who knowingly or intentionally defaces or
50     destroys such records, or who knowingly or intentionally fails
51     to create or maintain such records, with the intent of causing
52     harm to the association or one or more of its members, is
53     personally subject to a civil penalty pursuant to s.
54     718.501(1) (d). The accounting records must include, but are not
55     limited to:
56          a.    Accurate, itemized, and detailed records of all
57     receipts and expenditures.
58          b.    A current account and a monthly, bimonthly, or
59     quarterly statement of the account for each unit designating the
60     name of the unit owner, the due date and amount of each
61     assessment, the amount paid on the account, and the balance due.
62          c.    All audits, reviews, accounting statements, and
63     financial reports of the association or condominium.




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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 615   (2021)
       Amendment No. 1.



64          d.       All contracts for work to be performed. Bids for work
65     to be performed are also considered official records and must be
66     maintained by the association.
67           12.      Ballots, sign-in sheets, voting proxies, and all other
68     papers and electronic records relating to voting by unit owners,
69     which must be maintained for 1 year from the date of the
70     election, vote, or meeting to which the document relates,
71     notwithstanding paragraph (b).
72          13.      All rental records if the association is acting as
73     agent for the rental of condominium units.
74          14.      A copy of the current question and answer sheet as
75     described ins. 718.504.
76          15.      All other written records of the association not
77     specifically included in the foregoing which arc related to the
78     operation of the association.
79          ±-6-:-   A copy of the inspection report as described ins.
80     718.301 (4) (p).
81          16.~         Bids for materials, equipment, or services.
82          17.      All affirmative acknowledgments made pursuant to s.
83     718.121(4) (c).
84          18.      All other written records of the association not
85     specifically included in the foregoing which are related to the
86     operation of the association.
87           (c)l.     The official records of the association are open to
88     inspection by any association member or the authorized

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                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 615     (2021)
         Amendment No. 1.



 89      representative of such member at all reasonable times. The right
 90      to inspect the records includes the right to make or obtain
 91      copies, at the reasonable expense, if any, of the member or
 92      authorized representative of such member. A renter of a unit has
 93      a right to inspect and copy the association's bylaws and rules.
 94      The association may adopt reasonable rules regarding the
 95      frequency, time, location, no t ice, and manner of record
 96      inspections and copying. The fa ilure of an ass oci ation to
 97      provide the records within 10 working days after receipt of a
 98      written request creates a rebuttable presumption that the
 99      association willfully failed to comply with this paragraph. A
100      unit owner who is denied access to officia l records i s entitled
101      to the actual damages or minimum damages for the association's
102      willful failure to comply. Minimum damages are $50 per calendar
103      day for up t o 10 days, beginning on the 11th working day after
104      receipt of the written r eques t . The failure to permit inspection
105      entitles any person prevailing in an enforcement action to
106      recover reas onable attorney fe e s from the person in control of
107      the records who, directly or indire c tly, knowingly den ied a ccess
108      to the reco r ds.
109           2.   Any person who knowingly or intentionally defaces or
110      destroys acco unting records t hat ar e required by this chapter to
1 11     be maintained during the pe riod for which such reco rds are
112      re qui re d to b e ma i ntaine d, o r who knowingly or int ent ionally
113      fails to creat e or maintain accounting r e cords that are required
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                                                  COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                           Bill No. HB 615    (2021)
         Amendment No. 1.



114      to be created or maintained, with the intent of causing harm to
115      the association or one or more of its members, is personally
116      subject to a civil penalty pursuant to s. 718. 501 (1) (d).
117            3.   The association shall maintain an adequate number of
118      copies of the declaration, articles of incorporation, bylaws,
119      and rules, and all amendments to each of the foregoing, as well
120      as the question and answer sheet as described ins. 718.504 and
121      y e ar-end financial information required under this section, on
122      the condominium property to ensure their availability to unit
123      owners and prospective purchasers, and may charge its actual
124      costs for preparing and furnishing these documents to those
125      re questing the documents. An association shall allow a member or
126      his or her authorized representative to use a portable device,
127      including a smartphone, tablet, portable scanner, or any other
128      technology capable of sca nning or taking photographs, to make an
12 9     electronic copy o f the official re co rds in li eu of the
130      association's providing the member or his or her authorized
131      re presentative with a copy o f such reco rds. The association may
132      not charge a membe r or his or her autho riz ed rep res entative fo r
133      the u se of a portable d e vice. Notw it hs tanding t his pa rag raph,
134      the following r ecords are not accessible to unit owners:
135            a.   Any r ecord prot e cted by the lawye r- c li e nt privilege as
136      described ins. 90.502 and any rec ord pro tected by th e work-
137      product privilege , including a record pr e pared by an asso cia tion
1 38     attorney or prepared at the a tt orney's e xpress direct ion, which
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139     reflects a mental impression, conclusion, litigation strategy,
140     or legal theory of the attorney or the association, and which
141     was prepared exclusively for civil or criminal litigation or for
142     adversarial administrative proceedings, or which was prepared in
143     anticipation of such litigation or proceedings until the
144     conclusion of the litigation or proceedings.
145             b.   Information obtained by an association in connection
146     with the approval of the lease, sale, or other transfer of a
147     unit.
148             c.   Personnel records of association or management company
149     employees, including, but not limited to, disciplinary, payroll,
150     health, and insurance records. For purposes of this sub-
151     subparagraph, the term "personnel records" does not include
152     written employment agreements with an association employee or
153     management company, or budgetary or financial records that
154     indicate the compensation paid to an association employee.
155             d.   Medical records of unit owners.
156             e.   Social security numbers, driver license numbers, credit
157     card numbers, e-mail addresses, telephone numbers, facsimile
158     numbers, emergency contact information, addresses of a unit
159     owner other than as provided to fulfill the association's notice
160     requirements, and other personal identifying information of any
161     person, excluding the person's name, unit designation, mailing
162     address, property address, and any address, e-mail address, or
163     facsimile number provided to the association to fulfill the

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164      association's notice requirements. Notwithstanding the
165      restrictions in this sub-subparagraph, an association may print
166      and distribute to parcel owners a directory containing the name,
167      parcel address, and all telephone numbers of each parcel owner.
168      However, an owner may exclude his or her telephone numbers from
169      the directory by so requesting in writing to the association. An
170      owner may consent in writing to the disclosure of other contact
171      information described in this sub-subparagraph. The association
172      is not liable for the inadvertent disclosure of information that
173      is protected under this sub-subparagraph if the information is
174      included in an official record of the association and is
175      voluntarily provided by an owner and not requested by the
17 6     association.
177           f.    Electronic security measures that are used by the
178      association to safeguard data, including passwords.
179           g.    The software and operating system used by the
180      association which allow the manipulation of data, even if the
181      owner owns a copy of the same software used by the association.
182      The data is part of the official records of the association.
183           h.    All affirmative acknowledgments made pursuant to s.
184      718.121(4) (c).
185           Section 2.      Paragraph (b) of subsection (6) of section
186      718.116,   Florida Statutes, is amended to read:
187           718.116      Assessments; liability; lien and priority;
188      interest; collection.-

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189          ( 6)

190          (b)    No foreclosure judgment may be entered until at least
191     45 -3-8- days after the association gives written notice to the
192     unit owner of its intention to foreclose its lien to collect the
193     unpaid assessments. The notice must be in substantially the
194     following form:
195
196                             DELINQUENT ASSESSMENT
197
198          This letter is to inform you a Claim of Lien has been
199          filed against your property because you have not paid
200          the ... (type of assessment) ... assessment to     (name
201          of association) .... The association intends to
202          foreclose the lien and collect the unpaid amount
203          within 45 -3-8- days of this letter being provided to
204          you.
205
206          You owe the interest accruing from ... (month/year) ...
207          to the present. As of the date of this letter, the
208          total amount due with interest is$ ..... All costs of
209          any action and interest from this day forward will
210          also be charged to your account.
211




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212          Any questions concerning this matter should be
213          directed to ... (insert name, addresses, and telephone
214          numbers of association representative) ....
215
216     If this notice is not given at least~ -3--G- days before the
217     foreclosure action is filed, and if the unpaid assessments,
218     including those coming due after the claim of lien is recorded,
219     are paid before the entry of a final judgment of foreclosure,
220     the association shall not recover attorney attorney's fees or
221     costs. The notice must be given by delivery of a copy of it to
222     the unit owner or by certified or registered mail, return
223     receipt requested, addressed to the unit owner at his or her
224     last known address; and, upon such mailing, the notice shall be
225     deemed to have been given, and the court shall proceed with the
226     foreclosure action and may award attorney attorney's fees and
227     costs as permitted by law. The notice requirements of this
228     subsection are satisfied if the unit owner records a notice of
229     contest of lien as provided in subsection (5). The notice
230     requirements of this subsection do not apply if an action to
231     foreclose a mortgage on the condominium unit is pending before
232     any court; if the rights of the association would be affected by
233     such foreclosure; and if actual, constructive, or substitute
234     service of process has been made on the unit owner.




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235          Section 3.    Subsection (4) of section 718.121, Florida
236     Statutes, is amended, and subsections    (5) and (6) are added to
237     that section, to read:
238          718.121   Liens.-
239          (4) (a)   If an association sends out an invoice for
240     assessments or a unit's statement of the account described ins.
241     718.111(12), the invoice for assessments or the unit's statement
242     of account must be delivered to the unit owner by first-class
243     United States mail or by electronic transmission to the unit
244     owner's e-mail address maintained in the association's official
245     records.
246          (b)   Before changing the method of delivery for an invoice
247     for assessments or the statement of the account, the association
248     must deliver a written notice of such change to each unit owner.
249     The written notice must be delivered to the unit owner at least
250     30 days before the association sends the invoice for assessments
251     or the statement of the account by the new delivery method. The
252     notice must be sent by first-class United States mail to the
253     unit owner at his or her last address as reflected in the
254     association's records and, if such address is not the unit
255     address, must be sent by first-class United States mail to the
256     unit address. Notice is deemed to have been delivered upon
257     mailing as required by this paragraph.
258          (c)   A unit owner must affirmatively acknowledge his or her
259     understanding that the association will change its method of

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260      delivery of the invoice for assessments or the unit's statement
261      of the account before the association may change the method of
262      delivering the statement of the account. The unit owner may make
263      the affirmative acknowledgment electronically or in writing.
264           (5)   An association may not require payment of attorney
265      fees related to a past due assessment without first delivering a
266      written notice of late assessment to the unit owner which
267      specifies the amount owed the association and provides the unit
268      owner an opportunity to pay the amount owed without the
2 69     assessment of attorney fees. The notice of late assessment must
270      be sent by first-class United States mail to the unit owner at
271      his or her last address as reflected in the association's
272      records and, if such address is not the unit address, must also
273      be sent by first-class United States mail to the unit address.
274      Notice is deemed to have been delivered upon mailing as required
275      by this subsection. A rebuttable presumption that an association
276      mailed a notice in accordance with this subsection is
277      established if a board member , officer, or agent of the
278      association, or a manager licensed under part VIII of chapter
279      468, provides a sworn affidavit attesting to such mailing. The
280      notice must be in substantially the following form:
281
282                           NOTICE OF LATE ASSESSMENT
283
284           RE: Unit ... . of ... (name of association) . ..

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285
286            The following amounts are currently due on your
287            account to ... (name of association) ... , and must be
288            paid within 30 days of the date of this letter. This
289            letter shall serve as the association's notice of its
2 90           intent to proceed with further collection action
291            against your property no sooner than 30 days of the
2 92           date of this letter, unless you pay in full the
293            amounts set forth below:
294
295            Maintenance due ... (dates) ...                     $ . . ...
296            Late fee,    if applicable                          $ • •...

297            Interest through ... (dates) . .. *                 $ •....

2 98           TOTAL OUTSTANDING                                   $ .....

299
300            *Interest accrues at the rate of .... percent per annum.
301            J_£l_   Except as otherwise provided in this chapter, no lien
302      may be filed by the association against a condominium unit until
303      ~   -3-8- days after the date on which a notice of intent to file a

304      lien has been delivered to the owner by registered or certified
305     mail, return receipt requested, afl€i by first-class United States
306     mail to the owner at his or her last address as reflected in the
307      association's records and, if such address is not the unit
308      address, by first-class United States mail to the unit address
309      of the association , if the address is within the United States ,
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310     -af'r€i delivered to the o;rner at the address of the unit if the
311     owner's address as reflected in the records of the association
312     is not the unit address. I f the address re f lected in the records
313     is outside the United States , sending the notice to that address
314     and to the unit address by first class United States mail is
315     sufficient. Delivery of the notice shall be deemed given upon
316     mailing as required by this subsection. The notice must be in
317     substantially the following form:
318
319                                NOTICE OF INTENT
320                           TO RECORD A CLAIM OF LIEN
321
322          RE: Unit .... of ... (name of association) ...
323
324          The following amounts are currently due on your
325          account to ... (name of association) ... , and must be
326          paid within~ -3-8- days after your receipt of this
327          letter. This letter shall serve as the association's
328          notice of intent to record a Claim of Lien against
329          your property no sooner than 45 -3-8- days after your
330          receipt of this letter, unless you pay in full the
331          amounts set forth below:
332
333          Maintenance due ... (dates) ...                      $ .....
334          Late fee,   if applicable                            $ .•.••

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335          Interest through ... (dates) ... *                    $ ..•..

336          Certified mail charges                                $ .... .

337          Other costs                                           $ .... .

338          TOTAL OUTSTANDING                                     $ ..•.•

339
340          *Interest accrues at the rate of .... percent per
341          annum.
342          Section 4.    Paragraphs    (a) and (c) of subsection (2) of
343     section 719.104, Florida Statutes, are amended to read:
344          719.104    Cooperatives; access to units; records; financial
345     reports; assessments; purchase of leases.-
346          (2)    OFFICIAL RECORDS.-
347          (a)    From the inception of the association, the association
348     shall maintain a copy of each of the following, where
349     applicable, which shall constitute the official records of the
350     association:
351          1.    The plans, permits, warranties, and other items
352     provided by the developer pursuant to s. 719.301(4).
353          2.    A photocopy of the cooperative documents.
354          3.    A copy of the current rules of the association.
355          4.    A book or books containing the minutes of all meetings
356     of the association, of the board of directors, and of the unit
357     owners.
358          5.    A current roster of all unit owners and their mailing
359     addresses, unit identifications, voting certifications, and, if
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360     known, telephone numbers. The association shall also maintain
361     the e-mail addresses and the numbers designated by unit owners
362     for receiving notice sent by electronic transmission of those
363     unit owners consenting to receive notice by electronic
364     transmission. The e-mail addresses and numbers provided by unit
365     owners to receive notice by electronic transmission shall be
366     removed from association records when consent to receive notice
367     by electronic transmission is revoked. However, the association
368     is not liable for an erroneous disclosure of the e-mail address
369     or the number for receiving electronic transmission of notices.
370          6.   All current insurance policies of the association.
371          7.   A current copy of any management agreement, lease, or
372     other contract to which the association is a party or under
373     which the association or the unit owners have an obligation or
374     responsibility.
375          8.   Bills of sale or transfer for all property owned by the
376     association.
377          9.   Accounting records for the association and separate
378     accounting records for each unit it operates, according to good
379     accounting practices. The accounting records shall include, but
380     not be limited to:
381          a.   Accurate, itemized, and detailed records of all
382     receipts and expenditures.
383          b.   A current account and a monthly, bimonthly, or
384     quarterly statement of the account for each unit designating the

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385     name of the unit owner, the due date and amount of each
386     assessment, the amount paid upon the account, and the balance
387     due.
388            c.    All audits, reviews, accounting statements, and
389     financial reports of the association.
390            d.    All contracts for work to be performed. Bids for work
391     to be performed shall also be considered official records and
392     shall be maintained for a period of 1 year.
393            10.    Ballots, sign-in sheets, voting proxies, and all other
394     papers and electronic records relating to voting by unit owners,
395     which shall be maintained for a period of 1 year after the date
396     of the election, vote, or meeting to which the document relates.
397            11.   All rental records where the association is acting as
398     agent for the rental of units.
399            12.   A copy of the current question and answer sheet as
400     described ins. 719.504.
401            13.    All affirmative acknowledgments made pursuant to s.
402     719.108(3) (b)3.
403            14.   All other written records of the association not
404     specifically included in the foregoing which are related to the
405     operation of the association.
406            (c)    The official records of the association are open to
407     inspection by any association member or the authorized
408     representative of such member at all reasonable times. The right
409     to inspect the records includes the right to make or obtain
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410     copies, at the reasonable expense, if any, of the association
411     member. The association may adopt reasonable rules regarding the
412     frequency, time, location, notice, and manner of record
413     inspections and copying. The failure of an association to
414     provide the records within 10 working days after receipt of a
415     written request creates a rebuttable presumption that the
416     association willfully failed to comply with this paragraph. A
417     unit owner who is denied access to official records is entitled
418     to the actual damages or minimum damages for the association's
419     willful failure to comply. The minimum damages are $50 per
420     calendar day for up to 10 days, beginning on the 11th working
421     day after receipt of the written request. The failure to permit
422     inspection entitles any person prevailing in an enforcement
423     action to recover reasonable attorney fees from the person in
424     control of the records who, directly or indirectly,   knowingly
425     denied access to the records. Any person who knowingly or
426     intentionally defaces or destroys accounting records that are
427     required by this chapter to be maintained during the period for
428     which such records are required to be maintained, or who
429     knowingly or intentionally fails to create or maintain
430     accounting records that are required to be created or
431    maintained, with the intent of causing harm to the association
432     or one or more of its members, is personally subject to a civil
433     penalty pursuant to s. 719.501(1) (d). The association shall
434    maintain an adequate number of copies of the declaration,

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435     articles of incorporation, bylaws, and rules, and all amendments
436     to each of the foregoing, as well as the question and answer
437     sheet as described ins. 719.504 and year-end financial
438     information required by the department, on the cooperative
439     property to ensure their availability to unit owners and
440     prospective purchasers, and may charge its actual costs for
441     preparing and furnishing these documents to those requesting the
442     same. An association shall allow a member or his or her
443     authorized representative to use a portable device, including a
444     smartphone, tablet, portable scanner, or any other technology
445     capable of scanning or taking photographs, to make an electronic
446     copy of the official records in lieu of the association
447     providing the member or his or her authorized representative
448     with a copy of such records. The association may not charge a
449     member or his or her authorized representative for the use of a
450     portable device. Notwithstanding this paragraph, the following
451     records shall not be accessible to unit owners:
452          1.   Any record protected by the lawyer-client privilege as
453     described ins. 90.502 and any record protected by the work-
454     product privilege, including any record prepared by an
455     association attorney or prepared at the attorney's express
456     direction which reflects a mental impression, conclusion,
457     litigation strategy, or legal theory of the attorney or the
458     association, and which was prepared exclusively for civil or
459     criminal litigation or for adversarial administrative

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460      proceedings, or which was prepared in anticipation of such
4 61     litigation or proceedings until the conclusion of the litigation
462      or proceedings.
4 63             2.   Information obtained by an association in connection
4 64     with the approval of the lease, sale, or other transfer of a
465      unit.
466              3.   Personnel records of association or management company
4 67     employees, including, but not limited to, disciplinary, payroll,
468      health, and insurance records. For purposes of this
469      subparagraph, the term "personnel records" does not include
470      written employment agreements with an association employee or
471      management company, or budgetary or financial records that
472      indicate the compensation paid to an association employee.
473              4.   Medical records of unit owners.
474              5.   Social security numbers, driver license numbers, credit
475      card numbers, e-mail addresses, telephone numbers, facsimile
476      numbers, emergency contact information, addresses of a unit
477      owner other than as provided to fulfill the association's notice
478      requirements, and other personal identifying information of any
479      person, excluding the person's name, unit designation, mailing
480      address, property address, and any address, e-mail address, or
481      facsimile number provided to the association to fulfill the
482      association's notice requirements. Notwithstanding the
483      restrictions in this subparagraph, an association may print and
484      distribute to unit parcel owners a directory containing the

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485      name, unit parcel address, and all telephone numbers of each
486      unit parcel owner. However, an owner may exclude his or her
487      telephone numbers from the directory by so requesting in writing
488      to the association. An owner may consent in writing to the
489      disclosure of other contact information described in this
490      subparagraph. The association is not liable for the inadvertent
491      disclosure of information that is protected under this
4 92     subparagraph if the information is included in an official
493      record of the association and is voluntarily provided by an
4 94     owner and not requested by the association.
495            6.   Electronic security measures that are used by the
496      association to safeguard data, including passwords.
4 97           7.   The software and operating system used by the
498      association which allow the manipulation of data, even if the
499      owner owns a copy of the same software used by the association.
500      The data is part of the official records of the association.
501            8.   All affirmative acknowledgments made pursuant to s.
502      719.108 (3) (b) 3.
503            Section 5.     Subsections (3) and (4) of section 719.108,
504      Florida Statutes, are amended to read:
505            719.108    Rents and assessments; liability; lien and
506      priority; interest; collection; cooperative ownership.-
507            (3)~      Rents and assessments, and installments on them,
508      not paid when due bear interest at the rate provided in the
509      cooperative documents from the date due until paid. This rate
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510     may not exceed the rate allowed by law and, if a rate is not
511     provided in the cooperative documents, accrues at 18 percent per
512     annum. If the cooperative documents or bylaws so provide, the
513     association may charge an administrative late fee in addition to
514     such interest, not to exceed the greater of $25 or 5 percent of
515     each installment of the assessment for each delinquent
516     installment that the payment is late. Any payment received by an
517     association must be applied first to any interest accrued by the
518     association, then to any administrative late fee, then to any
519     costs and reasonable attorney fees incurred in collection, and
520     then to the delinquent assessment. The foregoing applies
521     notwithstanding s. 673.3111, any purported accord and
522     satisfaction, or any restrictive endorsement, designation, or
523     instruction placed on or accompanying a payment. The preceding
524     sentence is intended to clarify existing law. A late fee is not
525     subject to chapter 687 ors. 719.303(4).
526          (b)l.   If an association sends out an invoice for
527     assessments or a unit's statement of the account described ins.
528     719.104(2) (a)9.b., the invoice for assessments or the unit's
529     statement of account must be delivered to the unit owner by
530     first-class United States mail or by electronic transmission to
531     the unit owner's e-mail address maintained in the association's
532     official records.
533          2.   Before changing the method of delivery for an invoice
534     for assessments or the statement of the account , the association

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535     must deliver a written notice of such change to each unit owner.
536     The written notice must be delivered to the unit owner at least
537     30 days before the association sends the invoice for assessments
538     or the statement of the account by the new delivery method. The
539     notice must be sent by first-class United States mail to the
540     unit owner at his or her last address as reflected in the
541     association's records and, if such address is not the unit
542     address, must be sent by first-class United States mail to the
543     unit address. Notice is deemed to have been delivered upon
544     mailing as required by this subparagraph.
545          3.    A unit owner must affirmatively acknowledge his or her
546     understanding that the association will change its method of
547     delivery of the invoice for assessments or the unit's statement
548     of the account before the association may change the method of
549     delivering the invoice for assessments or the statement of the
550     account. The unit owner may make the affirmative acknowledgment
551     electronically or in writing.
552          (c)   An association may not require payment of attorney
553     fees related to a past due assessment without first delivering a
554     written notice of late assessment to the owner which specifies
555     the amount owed the association and provides the unit owner an
556     opportunity to pay the amount owed without the assessment of
557     attorney fees. The notice of late assessment must be sent by
558     first-class United States mail to the unit owner at his or her
559     last address as reflected in the association's records and, if

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560     such address is not the unit address, must also be sent by
561     first-class United States mail to the unit address. Notice is
562     deemed to have been delivered upon mailing as required by this
563     paragraph. A rebuttable presumption that an association mailed a
564     notice in accordance with this subsection is established if a
565     board member, officer, or agent of the association, or a manager
566     licensed under part VIII of chapter 468, provides a sworn
567     affidavit attesting to such mailing. The notice must be in
568     substantially the following form:
569
570                           NOTICE OF LATE ASSESSMENT
571
572          RE: Unit .... of ... (name of association) . ..
573
574          The following amounts are currently due on your
575          account to ... (name of association) ... , and must be
576          paid within 30 days of the date of this letter. This
577          letter shall serve as the association's notice to
578          proceed with further collection action against your
579          property no sooner than 30 days of the date of this
580          letter, unless you pay in full the amounts set forth
581          below:
582
583          Maintenance due ... (dates) .. .                    $ ... ..

584          Late fee,   if applicable                           $ ..• • .

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585          Interest through ... (dates) ... *                    $ ..•..

586          TOTAL OUTSTANDING                                     $ .....
587
588          *Interest accrues at the rate of .... percent per annum.
589          (4)   The association has a lien on each cooperative parcel
590     for any unpaid rents and assessments, plus interest, and any
591     administrative late fees.    If authorized by the cooperative
592     documents, the lien also secures reasonable attorney fees
593     incurred by the association incident to the collection of the
594     rents and assessments or enforcement of such lien. The lien is
595     effective from and after recording a claim of lien in the public
596     records in the county in which the cooperative parcel is located
597     which states the description of the cooperative parcel, the name
598     of the unit owner, the amount due, and the due dates. Except as
599     otherwise provided in this chapter, a lien may not be filed by
600     the association against a cooperative parcel until 45 -3-G- days
601     after the date on which a notice of intent to file a lien has
602     been delivered to the owner.
603          (a)   The notice must be sent to the unit owner at the
604     address of the unit by first-class United States mail, and the
605     notice must be in substantially the following form:
606
607                                 NOTICE OF INTENT
608                          TO RECORD A CLAIM OF LIEN
609
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610          RE: Unit ... (unit number) ... of ... (name of
611          cooperative) ...
612
613          The following amounts are currently due on your
614          account to ... (name of association) ... , and must be
615          paid within~ -3-G- days after your receipt of this
616          letter. This letter shall serve as the association's
617          notice of intent to record a Claim of Lien against
618          your property no sooner than 45 -3-G- days after your
619          receipt of this letter, unless you pay in full the
620          amounts set forth below:
621
622          Maintenance due ... (dates) ...                      $ •.•.•

623          Late fee,   if applicable                            $ .....

624          Interest through ... (dates) ... *                   $ •.•..

625          Certified mail charges                               $ .... .

626          Other costs                                          $ .... .
627          TOTAL OUTSTANDING                                    $ .... .

628
629          *Interest accrues at the rate of .... percent per
630          annum.
631          1.   If the most recent address of the unit owner on the
632     records of the association is the address of the unit, the
633     notice must be sent by certified mail, return receipt requested,
634     to the unit owner at the address of the unit.

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635            2.     If the most recent address of the unit owner on the
636      records of the association is in the United States, but is not
637      the address of the unit, the notice must be sent by certified
638      mail, return receipt requested, to the unit owner at his or her
639      most recent address.
640            3.     If the most recent address of the unit owner on the
641      re cords of the association is not in the United States, the
642      notice must be sent by first-class United States mail to the
643      unit owner at his or her most recent address.
644             (b)   A notice that is sent pursuant to this subsection is
645      deemed delive re d upon mailing. A claim of lien must be executed
64 6     and acknowledged by an officer or authorized agent of the
647      association. The lien is not effective 1 year after the claim of
648      lien was recorded unless, within that t i me, an action to enforce
64 9     the lien is commenced. The 1-year period is automatically
650      ext ended for any l ength of time during which the association is
651      prevented from filing a forec lo sure action by an automatic stay
652      resulting from a bankruptcy pe tition f iled b y the parcel owner
653      or any other person claiming an interest i n the parcel . The
654      claim of lie n secures all unpaid rents and assessments that are
655      due and that may accrue after the claim of lien is recorded and
656      through the entry of a fina l      judgment, as well as int erest and
657      all reasonable costs and atto rney fee s incur red by t h e
658      association incide nt t o the col l ection process. Upon payment in


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659     full, the person making the payment is entitled to a
660     satisfaction of the lien.
661          (c)      By recording a notice in substantially the following
662     form, a unit owner or the unit owner's agent or attorney may
663     require the association to enforce a recorded claim of lien
664     against his or her cooperative parcel:
665
666                              NOTICE OF CONTEST OF LIEN
667
668          TO:   ... (Name and address of association) .. . :
669
670          You are notified that the undersigned contests the
671          claim of lien filed by you on .... ,        ... (year) ... , and
672          recorded in Official Records Book .... at Page           •   •   •   • I


673          of the public records of .... County, Florida, and
674          that the time within which you may file suit to
675          enforce your lien is limited to 90 days from the date
676          of service of this notice. Executed this .... day of
677          .... ,    ... (year) ....
678          Signed:     ... (Owner or Attorney) ...
679
680     After notice of contest of lien has been recorded, the clerk of
681     the circuit court shall mail a copy of the recorded notice to
682     the association by certified mail, return receipt requested, at
683     the address shown in the claim of lien or most recent amendment

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684     to it and shall certify to the service on the face of the
685     notice. Service is complete upon mailing. After service, the
686     association has 90 days in which to file an action to enforce
687     the lien. If the action is not filed within the 90-day period,
688     the lien is void. However, the 90-day period shall be extended
689     for any length of time during which the association is prevented
690     from filing its action because of an automatic stay resulting
691     from the filing of a bankruptcy petition by the unit owner or by
692     any other person claiming an interest in the parcel.
693          (d)   A release of lien must be in substantially the
694     following form:
695
696                                RELEASE OF LIEN
697
698     The undersigned lienor, in consideration of the final payment in
699     the amount of$ .... , hereby waives and releases its lien and
700     right to claim a lien for unpaid assessments through .... ,
701     ... (year) ... , recorded in the Official Records Book .... at Page
702     .... , of the public records of .... County, Florida, for the
703     following described real property:
704
705          THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO . . . . .
706          OF ... (NAME OF COOPERATIVE) ... , A COOPERATIVE AS SET
707          FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
708         ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
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709               IN OFFICIAL RECORDS BOOK .... , PAGE ... . , OF THE
710               PUBLIC RECORDS OF .... COUNTY, FLORIDA.
711
712      ... (Signature of Authorized Agent) .. .            . .. ( Signature of
713      Witness) ...
714      ... (Print Name) ...                             . .. (Print Name) .. .
715
716                                                  ... (Signature of Witness) ...
717                                                             . . . (Print Name) ...
718
719      Sworn to (or affirmed) and subscribed before me this .... day of
720      .... ,    ... (year) ... , by ... (name of person making statement) ....
721      ... (Signature of Notary Public) ...
722      ... (Print, type, or stamp commissioned name of Notary Public) ...
723      Personally Known .... OR Produced .... as identification.
724               Section 6.   Present paragraph (1) of subsection (4) of
725      section 720.303, Florida Statutes, is redesignated as paragraph
726      (m), a new paragraph (1) is added to that subsection, and
727      paragraph (c) of subsection (5) of that section is amended, to
728      read:
729               720.303   Association powers and duties; meetings of board;
730      official records; budgets; financial reporting; association
7 31     funds; recalls. -




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732          (4)   OFFICIAL RECORDS.-The association shall maintain each
733     of the following items, when applicable, which constitute the
734     official records of the association:
735          (1)   All affirmative acknowledgments made pursuant to s.
736     720.3085(3) (c)3.
737          (5)   INSPECTION AND COPYING OF RECORDS.-The official
738     records shall be maintained within the state for at least 7
739     years and shall be made available to a parcel owner for
740     inspection or photocopying within 45 miles of the community or
741     within the county in which the association is located within 10
742     business days after receipt by the board or its designee of a
743     written request. This subsection may be complied with by having
744     a copy of the official records available for inspection or
745     copying in the community or, at the option of the association,
746     by making the records available to a parcel owner electronically
747     via the Internet or by allowing the records to be viewed in
748     electronic format on a computer screen and printed upon request.
749     If the association has a photocopy machine available where the
750     records are maintained, it must provide parcel owners with
751     copies on request during the inspection if the entire request is
752     limited to no more than 25 pages. An association shall allow a
753     member or his or her authorized representative to use a portable
754     device, including a smartphone, tablet, portable scanner, or any
755     other technology capable of scanning or taking photographs, to
756    make an electronic copy of the official records in lieu of the

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757      association's providing the member or his or her authorized
758      representative with a copy of such records. The association may
759      not charge a fee to a member or his or her authorized
760      representative for the use of a portable device.
761           (c)   The association may adopt reasonable written rules
7·62     governing the frequency, time, location, notice, records to be
763      inspected, and manner of inspections, but may not require a
7 64     parcel owner to demonstrate any proper purpose for the
765      inspection, state any reason for the inspection, or limit a
766      parcel owner's right to inspect records to less than one 8-hour
7 67     business day per month. The association may impose fees to cover
7 68     the costs of providing copies of the official records, including
769      the costs of copying and the costs required for personnel to
770      retrieve and copy the records if the time spent retrieving and
771      copying the records exceeds one-half hour and if the personnel
772      costs do not exceed $20 per hour. Personnel costs may not be
773      charged for records requests that result in the copying of 25 or
774      fewer pages. The association may charge up to 25 cents per page
775      for copies made on the association's photocopier. If the
776      association does not have a photocopy machine available where
777      the records are kept, or if the records requested to be copied
778      exceed 25 pages in length, the association may have copies made
779      by an outside duplicating service and may charge the actual cost
780      of copying, as supported by the vendor invoice. The association
781      shall maintain an adequate number of copies of the recorded
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782      governing documents, to ensure their availability to members and
783      prospective members. Notwithstanding this paragraph, the
784      following records are not accessible to members or parcel
785      owners:
786           1.   Any record protected by the lawyer-client privilege as
787      described ins. 90.502 and any record protected by the work-
788      product privilege, including, but not limited to, a record
789      prepared by an association attorney or prepared at the
790      attorney's express direction which reflects a mental impression,
791      conclusion, litigation strategy, or legal theory of the attorney
7 92     or the association and which was prepared exclusively for civil
7 93     or criminal litigation or for adversarial administrative
7 94     proceedings or which was prepared in anticipation of such
7 95     litigation or proceedings until the conclusion of the litigation
796      or proceedings.
7 97          2.   Information obtained by an association in connection
7 98     with the approval of the lease, sale, or other transfer of a
799      parcel.
800           3.   Personnel records of association or management company
801      employees, including, but not limited to, disciplinary, payroll,
802      health, and insurance records. For purposes of this
803      subparagraph, the term "personnel records" does not include
804      written employment agreements with an association or management
805      company employee or budgetary or financial records that indicate


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806     the compensation paid to an association or management company
807     employee.
808          4.     Medical records of parcel owners or community
809     residents.
810          5.     Social security numbers, driver license numbers, credit
811     card numbers, electronic mailing addresses, telephone numbers,
812     facsimile numbers, emergency contact information, any addresses
813     for a parcel owner other than as provided for association notice
814     requirements, and other personal identifying information of any
815     person, excluding the person's name, parcel designation, mailing
816     address, and property address. Notwithstanding the restrictions
817     in this subparagraph, an association may print and distribute to
818     parcel owners a directory containing the name, parcel address,
819     and all telephone numbers of each parcel owner. However, an
820     owner may exclude his or her telephone numbers from the
821     directory by so requesting in writing to the association. An
822     owner may consent in writing to the disclosure of other contact
823     information described in this subparagraph. The association is
824     not liable for the disclosure of information that is protected
825     under this subparagraph if the information is included in an
826     official record of the association and is voluntarily provided
827     by an owner and not requested by the association.
828          6.     Any electronic security measure that is used by the
829     association to safeguard data, including passwords.


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830          7.    The software and operating system used by the
831     association which allows the manipulation of data, even if the
832     owner owns a copy of the same software used by the association.
833     The data is part of the official records of the association.
834          8.    All affirmative acknowledgments made pursuant to s.
835     720.3085(3) (c)3.
836          Section 7.      Paragraphs (c) and (d) are added to subsection
837     (3) of section 720.3085, Florida Statutes, to read:
838          720.3085      Payment for assessments; lien claims.-
839          (3)      Assessments and installments on assessments that are
840     not paid when due bear interest from the due date until paid at
841     the rate provided in the declaration of covenants or the bylaws
842     of the association, which rate may not exceed the rate allowed
843     by law. If no rate is provided in the declaration or bylaws,
844     interest accrues at the rate of 18 percent per year.
845          (c) 1.     If an association sends out an invoice for
846     assessments or a parcel's statement of the account described in
847     s. 720.303(4) (j)2., the invoice for assessments or the parcel's
848     statement of account must be delivered to the parcel owner by
849     first-class United States mail or by electronic transmission to
850     the parcel owner's e-mail address maintained in the
851     association's official records.
852          2.    Before changing the method of delivery for an invoice
853     for assessments or the statement of the account, the association
854    must deliver a written notice such change to each parcel owner.
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855     The written notice must be delivered to the parcel owner at
856     least 30 days before the association sends the invoice for
857     assessments or the statement of the account by the new delivery
858     method. The notice must be sent by first-class United States
859     mail to the owner at his or her last address as reflected in the
860     association's records and, if such address is not the parcel
861     address, must be sent by first-class United States mail to the
862     parcel address. Notice is deemed to have been delivered upon
863     mailing as requi red by this subparagraph.
864          3.    A parcel owner must affirmatively acknowledge his or
865     her understanding that the association will change its method of
866     delive ry of the invoice for assessments or the statement of the
867     account before the association may change the method of
868     delivering the statement of the account. The parcel owner may
869     make the affirmative acknowledgment electronically or in
870     writing.
871          (d)   An association may not require payment of attorney
872     fees related to a past due assessment without first delivering a
873     written notice of late assessment to the parcel owner which
874     specifies the amount owed the association and provides the
875     parcel owner an opportunity to pay the amount owed without the
876     assessment of attorne y fees. The notice of late assessment must
877     be sent by first-class United States mail to the owner at his or
878     her last address as reflected in the association's records and,
879     if such address is not the parcel address, must also be sent by
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880      first-class United States mail to the parcel address. Notice is
881      deemed to have been delivered u pon mai lin g as required by this
882      paragraph. A rebuttable presumption that an association mailed a
883      notice in accordance with this subsection is established if a
884      board member, officer, or agent of the association, or a manager
885      licensed under part VIII of chapter 468, provides a sworn
886      affidavit attesting to such mailing. The notice must be in
887      substantially the following form:
888
889                            NOTICE OF LATE ASSESSMENT
890
891           RE: Parcel .... of ... (name of association) ...
892
893           The following amounts are currently due on your
894           account to ... (name of association) ... , and must be
895           paid within 30 days after the date of this letter.
896           This letter shall serve as the association's notice to
8 97          proceed with further collection action against your
898           property no sooner than 30 days after the date of this
899           letter, unless you pay in full the amounts set forth
900           below:
901
902           Maintenance due ... (dates) ...                     $ .... .
903           Late fee,   if applicable                           $ .... .
904           Interest through ... (dates) ... *                  $ .... .

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905          TOTAL OUTSTANDING                                   $• • . . •

906
907          *Interest accrues at the rate of .. . . percent per annum.
908          Section 8.    This act shall take effect July 1, 2021.
909
910
911
912                         T I T L E   A ME N D ME N T
913          Remove everything before the enacting clause and insert:
914          An act relating to community association assessment
915          notices; amending s. 718.111, F.S.; requiring
916          condominium associations to maintain specified
917          affirmative acknowledgments as official records of the
918          association; specifying that such acknowledgments are
919          not accessible to unit owners; amending s. 718.116,
920          F.S.; revising timeframes for foreclosure judgments;
921          conforming provisions to changes made by the act;
922          amending s. 718.121, F.S.; requiring condominium
923          associations to deliver certain invoices for
924          assessments or statements of account to unit owners in
925          a specified manner; requiring condominium associations
926          to give notice to unit owners before changing the
927          method of delivery for the invoices for assessments or
928          statements of account; providing requirements for the
929          notice; requiring unit owners to affirmatively
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930          acknowledge the changes in delivery methods;
931          prohibiting condominium associations from requiring
932          the payment of attorney fees relating to past due
933          assessments without first providing a specified notice
934          to unit owners; providing requirements for the notice;
935          establishing a rebuttable presumption relating to
936          mailing the notice if a certain requirement is met;
937          revising the timeframe for condominium associations to
938          file liens against condominium units; conforming
939          provisions to changes made by the act; amending s.
940          719.104, F.S.; requiring cooperative associations to
941          maintain specified affirmative acknowledgments as
942          official records of the association; specifying that
943          such acknowledgments are not accessible to unit
944          owners; amending s. 719.108, F.S.; requiring
945          cooperative associations to deliver certain invoices
946          for assessments or statements of account to unit
947          owners in a specified manner; requiring cooperative
948          associations to give notice to unit owners before
949          changing the method of delivery for the invoices for
950          assessments or statements of account; providing
951          requirements for the notice; requiring unit owners to
952          affirmatively acknowledge the changes in delivery
953          methods; prohibiting cooperative associations from
954          requiring the payment of attorney fees relating to

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955          past due assessments without first providing specified
956          notice to unit owners; providing requirements for the
957          notice; establishing a rebuttable presumption relating
958          to mailing the notice if a certain requirement is met;
959          revising the timeframe for cooperative associations to
960          file liens against cooperative parcels; conforming
961          provisions to changes made by the act; amending s.
962          720.303, F.S.; requiring homeowners' associations to
963          maintain specified affirmative acknowledgments as
964          official records of the association; specifying that
965          such acknowledgments are not accessible to parcel
966          owners; amending s. 720.3085, F.S.; requiring
967          homeowners' associations to deliver certain invoices
968          for assessments or statements of account to parcel
969          owners in a specified manner; requiring homeowners'
970          associations to give notice to parcel owners before
971          changing the method of delivery for the invoices for
972          assessments or statements of account; providing
973          requirements for the notice; requiring parcel owners
974          to affirmatively acknowledge the changes in delivery
975          methods; prohibiting homeowners' associations from
976          requiring the payment of attorney fees relating to
977          past due assessments without first providing specified
978          notice to parcel owners; providing requirements for
979          the notice; establishing a rebuttable presumption

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980          relating to mailing the notice if a certain
981          requirement is met; providing an effective date.




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::c
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O'I
                                     HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 665 Homeowners' Association Rental Agreements
SPONSOR(S): McClure
TIED BILLS:       IDEN./SIM. BILLS: SB 872

   REFERENCE                                                       ACTION                   ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

   1) Regulatory Reform Subcommittee                                                                              Anstead~

  2) Civil Justice & Property Rights Subcommittee

  3) Commerce Committee

                                                         SUMMARY ANALYSIS
Chapter 720, F.S., also known as the "Homeowners' Association Act," is the chapter of Florida law that
governs homeowners' associations (HOAs) in Florida. The powers and duties of an HOA include the powers
and duties provided in ch. 720, F.S., and in the HOA governing documents, including, but not limited to,
amendments to those documents, which generally apply to all owners.

When an HOA adopts an amendment to its governing documents to restrict members from renting parcels,
such restrictions apply to all parcel owners, regardless of when the title was acquired. However, when a
condominium (condo) association adopts a rental restriction, the restriction applies only to condo unit owners
who consent, or who acquire title after the restriction is imposed. As a result, this "grandfathering" provision
allows certain condo unit owners to rent their units without the burden of rental restrictions that are imposed
prospectively. This provision does not exist for HOAs.

The bill provides that in HOAs with more than 15 parcels, HOA amendments to governing documents
restricting rental for six months or more only apply to:
    • Owners who acquire title after the effective date of the governing document; or
    • Owners who consent to such amendment.

However, the bill allows HOAs with more than 15 parcels to amend their governing documents to prohibit or
regulate rental agreements for less than six months, and prohibit rentals more than three times a year, and
have such amendments apply to all owners.

The bill provides for change of ownership criteria to be used to determine whether the HOA amendments to
governing documents related to rentals for six months or more apply to certain owners.

The bill is not expected to have a fiscal impact on state or local government.

The bill provides an effective date of July 1, 2021 .




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0665.RRS.DOCX
DATE: 3/5/2021
                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
            Current Situation

            Community Associations

           The Florida Division of Condominiums, Timeshares and Mobile Homes (Division), within the
           Department of Business and Professional Regulation (DBPR), provides consumer protection for Florida
           residents living in regulated communities through education, complaint resolution, mediation,
           arbitration, and developer disclosure. The Division has regulatory authority over:
               • Condominium Associations;
               • Cooperative Associations;
               • Florida Mobile Home Parks and related associations;
               • Vacation Units and Timeshares;
               • Yacht and Ship Brokers and related business entities; and
               • Homeowners' Associations (limited to arbitration of election and recall disputes). 1

           Homeowners' Associations (HOAs)

           Chapter 720, F.S., also known as the "Homeowners' Association Act," is the chapter of Florida law that
           governs certain types of HOAs in Florida. These laws protect the rights of association members without
           unduly impairing the ability of such associations to perform their functions. 2 The law provides
           requirements for notices of meetings, 3 recordkeeping, including which records are accessible to the
           members of the association, 4 and financial reporting. 5

           An HOA is defined as an association of residential property owners in which voting membership is:
              • Made up of "parcel owners;"
              • A mandatory condition of parcel ownership; and
              • Authorized to impose assessments that, if unpaid, may become a lien on the parcel. 6

           Only HOAs whose covenants and restrictions include mandatory assessments are regulated by ch.
           720, F.S. 7 Like a condominium or cooperative, an HOA is administered by an elected board of
           directors. 8 The powers and duties of an HOA include the powers and duties provided in ch. 720, F.S.,
           and in the association's governing documents, which include the recorded covenants and restrictions,
           together with the bylaws, articles of incorporation, and duly adopted amendments to those documents. 9

           Florida law sets procedures and minimum requirements for HOA operation and provides for a
           mandatory binding arbitration program, administered by the Division, for certain election and recall




1
  Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes
Complaints/Investigations, http://myfloridalicense.custhelp.com/app/answers/detail/a id/2220/- /division-of-florida-
condominiums%2C-timeshares%2C-and-mobile-homes (last visited Mar. 3, 2021).
2
  S. 720.302(1), F.S.
3
  S. 720.303(2), F.S.
4
  S. 720.303(4), F.S.
5
  S. 720.303(7), F.S.
6
  S. 720.301(9), F.S.
7 Id.
8
    Ss. 720.303 and 720.307, F.S.
9
    Ss. 720.301 and 720.303, F.S.
STORAGE NAME: h0665.RRS.DOCX                                                                                           PAGE: 2
DATE: 3/5/2021
         disputes, 10 but no state agency has direct oversight of HOAs. For HOAs, the Division's authority is
         limited to the arbitration of recall election disputes. 11

         HOA Rental Restrictions

         Unless otherwise provided in the governing documents or required by law, the governing document of a
         HOA may be amended by the affirmative vote of two~thirds of the voting interests of the association. 12
         Amendments to governing documents generally apply to all owners in the HOA, except that
         HOAs with 15 or fewer parcels may only enforce restrictions against a parcel owner that were in place
         at the time the owner acquired his or her parcel. 13

         Current law does not prevent an HOA from adopting an amendment to its governing documents to
         restrict members from renting parcels. If such a provision is adopted by an HOA, the restriction applies
         to all parcel owners regardless of when they obtained title to their property or whether they voted
         against the restriction.

         Condominium Association Rental Restrictions

         Conversely, in a condominium association, certain rental restrictions do not apply to all condo unit
         owners. Specifically, a condo association rental restriction that alters the duration of the rental term, or
         specifies or limits the number of times a unit owner is entitled to rent their unit during a specified period,
         applies only to the following:
            • Unit owners who consent to the amendment, and
            • Unit owners who acquire title to their units after the effective date of the restriction. 14

         This type of provision does not exist for HOA parcel owners.

         Effect of the Bill

         HOA Rental Restrictions

         The bill provides that any HOA governing document, or amendment to a governing document, enacted
         after July 1, 2021, in an HOA with more than 15 parcels, that prohibits or regulates rental agreements
         for rentals of six months or more, applies only to:
             • HOA parcel owners who acquire title to the parcel after the effective date of the governing
                 document or amendment; or
             • HOA parcel owners who consent, individually or through a representative, to the governing
                 document or amendment.

         The bill allows HOAs with more than 15 parcels, to amend their governing documents to prohibit or
         regulate rental agreements for a term of less than six months. Such amendments apply to all parcel
         owners.

         The bill allows HOAs with more than 15 parcels, to prohibit the rental of a parcel for more than three
         times in a calendar year. Such amendments apply to all parcel owners.

         Change of Ownership




10
   S. 720.306(9)(c), F.S.
11
   Sees. 720.306(9)(c), F.S.
12
   S. 720.306(1), F.S.
13
   S. 720.303(1), F.S.
14
   S. 718.110(13), F.S.
STORAGE NAME: h0665.RRS.D0CX                                                                                    PAGE: 3
DATE: 3/5/2021
        The bill specifies change of ownership criteria for purposes of determining whether the HOA
        amendments to governing documents that prohibit rentals for six months or more apply to certain
        owners.

        The bill provides that a change of ownership does occur, with respect to a parcel owner that is a
        business entity, when each person that owned an interest in the entity at the time of the enactment of
        the amendment or rule conveys its interest in the business entity to an unaffiliated party.

        The bill provides that a change of ownership does not occur, with respect to a parcel owner that is a
        business entity, when a parcel owner conveys the parcel to an affiliated entity or when beneficial
        ownership of the parcel does not change.

        The bill defines "affiliated entity" as an entity that:
           • Controls, is controlled by, or is under common control with the parcel owner; or
           • Becomes a parent or successor entity by reason of transfer, merger, consolidation, public
                offering, reorganization, dissolution or sale of stock, or transfer of membership partnership
                interests.

       For a conveyance to be recognized as one made to an affiliated entity, the bill requires the entity to
       furnish to the HOA a document certifying that these provisions apply, along with any organizational
       documents for the parcel owner and the affiliated entity which support the representations in the
       certificate, as requested by the HOA.


    B. SECTION DIRECTORY:
       Section 1:     Amends s. 720.306, F.S., relating to meetings of members; voting and election
                      procedures; amendments.

       Section 2:     Provides an effective date of July 1, 2021 .


                         II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill appears to ensure that HOA parcel owners who acquire title prior to the HOA adopting long
       term rental restrictions, would not be subject to the restriction unless they consent.
STORAGE NAME: h0665.RRS.D0CX                                                                                PAGE: 4
DATE: 3/5/2021
    D. FISCAL COMMENTS:
          None.


                                                  111. COMMENTS

    A CONSTITUTIONAL ISSUES:

          1. Applicability of Municipality/County Mandates Provision:
            Not applicable. The bill does not appear to effect county or municipal governments.

          2. Other:
            None.


    B. RULE-MAKING AUTHORITY:
          The bill does not appear to create a need for rulemaking or rulemaking authority.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
          Lines 50-55 regarding a change of ownership may need to be amended to clarify what was intended
          when it specifies that a change of ownership does occur when "each person" that owned an interest in
          the entity at the time of the enactment of the amendment or rule conveys its interest in the business
          entity to an unaffiliated party. Does this mean a change of ownership occurs when "any" person (on an
          individual basis) who owned an interest conveys its interest, or must "all" persons who owned an
          interest convey their interest?


                           IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
    N/A




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DATE: 3/5/2021
FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        HB 665                                                                             2021




 1                                         A bill to be entitled
 2               An act relating to homeowners' associations rental
 3               agreements; amending s. 720.306, F.S.; providing
 4               applicability for governing documents and amendments
 5               relating to rental agreements which are enacted after
 6               a specified date; providing an exception; providing
 7               applicability; specifying when a change of ownership
 8               does or does not occur for certain purposes; defining
 9               the term "affiliated entity"; providing an effective
10               date.
11
12      Be It Enacted by the Legislature of the State of Florida:
13
14               Section 1.        Paragraph (h)          is added to subsection (1) of
15      section 720.306,           Florida Statutes, to read:
16               720.306      Meetings of members; voting and election
17      procedures; amendments.-
18               (1)     QUORUM; AMENDMENTS.-
19               (h)l.     Except as otherwise provided in this paragraph, any
20      governing document, or amendment to a governing document, that
21      is enacted after July 1, 2021, and that prohibits or regulates
22      rental agreements applies only to a parcel owner who acquires
23      title to the parcel after the effective date of the governing
24      document or amendment, or to a parcel owner who consents ,
25      individually or through a representative, to the governing

                                                      Page 1 of 3

     CODING: Words striokon are deletions; words underlined are additions.
                                                                                          hb0665-00
FLORIDA                       H   O   U   S   E      0     F      REPRESENTATIVES




        HB 665                                                                 2021




26      document or amendment.
27               2.    Notwithstanding subparagraph 1., an association may
28      amend its governing documents to p roh ibit or regulate rental
29      agreements for a term of less than 6 months and may prohibit the
30      rental of a parcel for more than three times in a calendar year,
31      and such amendments shall apply to all parcel owners.
32               3.    This paragraph does not affect the amendment
33      restrictions for associations of 15 or fewer parcel owners under
34      s. 720.303(1).
35               4.    For purposes of this paragraph, a change of ownership
36      does not occur when a parcel owner conveys the parcel to an
37      affiliated entity or when beneficial ownership of the parcel
38      does not change. For purposes of this subparagraph, the term
39      "affiliated entity" means an entity that controls, is controlled
40      by, or is under common control with the parcel owner or that
41      becomes a parent or successor entity by reason of transfer,
42      merger, consolidation, public offering, reorganization,
43      dissolution or sale of stock, or transfer of membership
44      partnership interests. For a conveyance to be recognized as one
45      made to an affiliated entity, the entity must furnish to the
46      association a document certifying that this paragraph applies
47      and provide any organizational documents for the parcel owner
48      and the affiliated entity which support the representations in
49      the certificate, as requested by the association.
50               5.    For purposes of this paragraph, a change of ownership

                                                         Page 2 of 3

     CODING: Words strisken are deletions; words underlined are additions.
                                                                             hb0665-00
FLORIDA                        H   O   U   S   E      0   F      REPRESENTATIVES




         HB 665                                                                 2021



51       does occur when, with respect to a parcel owner that is a
52      b usi ness ent it y, each person that owned an interest in the
53       entity at the time of the enactment of the amendment or rule
54       conveys its interest in the business entity to an unaffiliated
55      party.
56                Section 2.        This act shall take effect July 1, 2021.




                                                       Page 3 of 3

     CODING: Words strioken are deletions; words underlined are additions.
                                                                               hb0665-00
                                     HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 823 Alarm System Contractors
SPONSOR(S): Mariano
TIED BILLS:       IDEN./SIM. BILLS: SB 998

     REFERENCE                                                       ACTION                    ANALYST            STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

     1) Regulatory Reform Subcommittee                                                         Brackett   O{J Anstead
     2) Commerce Committee


                                                         SUMMARY ANALYSIS
Electrical contractors, alarm system contractors, and electrical specialty contractors are certified by or
registered with the Electrical Contractors' Licensing Board (ECLB) of the Department of Business and
Professional Regulation (DBPR). Certified contractors can practice statewide and are licensed and regulated
by the ECLB. Registered contractors are licensed and regulated by a local jurisdiction and may practice within
that locality. Registered contractors are also required to register their license with the ECLB.

An "alarm system" is defined as "any electrical device, signaling device, or combination of electrical devices
used to signal or detect a burglary, fire, robbery, or medical emergency.

The Florida Building Code (Building Code) must be applied, administered, and enforced uniformly and
consistently from jurisdiction to jurisdiction. Local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public's health, safety, and welfare, and to
enforce the Building Code. It is unlawful for a person or corporation to construct, alter, repair, or demolish a
building without obtaining a permit from the local enforcing agency.

Current law requires an electrical and alarm system contractor to obtain a building permit before installing,
replacing, or repairing a fire alarm system until they obtain a building permit.

Current law also requires electrical and alarm system contractors to include their license number in every offer
of service, business proposal, or advertisement, regardless of medium. However, advertisement does not
include business stationery or any promotional novelties such as balloons, pencils, trinkets, or articles of
clothing.

The bill :
   • Provides that an alarm system contractor does not have to include their license number in an
         advertisement, if the advertisement directs consumer's to the contractor's website and the website
         includes their license number.
   • Provides that an electrical or alarm system contractor is not required to obtain a fire alarm permit before
         beginning repairs on a fire alarm system, if the contractor applied for a fire alarm permit prior to
         beginning the repairs.
   • Clarifies that repairs to a fire alarm system are not considered complete until the required fire alarm
         permit has been obtained and approved by the local enforcement agency.

The bill does not have a fiscal impact on state and local governments.

The bill provides for an effective date of July 1, 2021 .




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0B23.RRS .D0CX
DATE: 3/4/2021
                                                      FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Contractors are regulated by ch. 489, F.S., which outlines the law pertaining to contractors in the state
         of Florida. Part I of ch. 489, F.S., covers contracting regulated by the Construction Industry Licensing
         Board (GILB) and pt. II of ch. 489, F.S., covers contracting regulated by the Electrical Contractors'
         Licensing Board (ECLB). Both boards are housed in the Department of Business and Professional
         Regulation (DBPR).

         Electrical contractors, alarm system contractors, and electrical specialty contractors are certified by or
         registered with the ECLB. Certified contractors can practice statewide and are licensed and regulated
         by ECLB. Registered contractors are licensed and regulated by a local jurisdiction and may practice
         within that locality. 1

         Electrical contractors may work on electrical wiring, fixtures, appliances, apparatus, raceways, and
         conduits which generate, transmit, transform, or utilize electrical energy in any form. 2

         Alarm system contractors may lay out, fabricate, install, maintain, alter, repair, monitor, inspect,
         replace, or service alarm systems. An "alarm system" is defined as "any electrical device, signaling
         device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical
         emergency." 3

         Electrical certified specialty contractors are contractors whose scope of work is limited to a particular
         phase of electrical contracting, such as electrical signs. Certified electrical specialty contractors can
         practice statewide. The ECLB creates electrical certified specialty contractor licenses through
         rulemaking, and has created the following certified specialty contractor licenses: 4
             • Lighting maintenance specialty contractor;
             • Sign specialty electrical contractor;
             • Residential electrical contractor;
             • Limited energy systems specialty contractor;
             • Utility line electrical contractor; and
             • Two-Way Radio Communications Enhancement Systems contractor.

        The scope of work for certified electrical contractors includes any work that an alarm system contractor
        is able to perform. 5

        Registered electrical contractors may install raceways for alarm systems. 6 They may also bid on
        electrical contracts, which include alarm systems as part of the contract, but they must subcontract the
        work on such alarm systems to an alarm system contractor. 7

        State Fire Marshal

        Florida's fire prevention and control law, ch. 633, F.S., designates the state's Chief Financial Officer as
        the State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal (Division
        within the Department of Financial Services (DFS), is charged with enforcing the provisions of ch. 633,

1
  See generally s. 489.505, F.S.
2
  S. 489.505(12), F.S.
3
  S. 489.505(1)-(2), F.S.
4
  Ss. 489.505(19), and489.511(4), F.S; Rule 6106-7.001, F.A.C.
5
  489.537(7), F.S.
6
  A "raceway" is an enclosed channel designed to hold wires, cables, or busbars. Mike Holt, Understanding Raceways, EC&M (Feb.
13, 2018) https://www.ecmweb.com/national-electrical-code/code-basics/article/20903 368/understandi ng-
raoeways#:- :text=The%20N EC%20de fi nes%20a%20raceway,perm itted%20in%20this%20Code%20%58Art. (last visited Mar. 3,
2021).
7
  489.537(2)(b), F.S.
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DATE: 3/4/2021
         F.S., and all other applicable laws relating to fire safety, and has the responsibility to minimize the loss
         of life and property in this state due to fire. 8 Pursuant to this authority, the State Fire Marshal regulates,
         trains, and certifies fire service personnel and fire safety inspectors; investigates the causes of fires;
         enforces arson laws; regulates the installation of fire equipment; conducts fire safety inspections of
         state property; and operates the Florida State Fire College.

         The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Code), which
         contains all fire safety laws and rules that pertain to the design, construction, erection, alteration,
         modification, repair, and demolition of public and private buildings, structures, and facilities, and the
         enforcement of such fire safety laws and rules. 9

         The State Fire Marshall adopts a new edition of the Fire Code every three years. When adopting a new
         edition of the Fire Code, the State Fire Marshal must adopt the most recent version of the National Fire
         Protection Association (NFPA) Standard 1, Fire Prevention Code, and the NFPA 101 Life Safety
         Code. 10

         State law requires all municipalities, counties, and special districts with fire safety responsibilities to
         enforce the Fire Code as the minimum fire prevention code to operate uniformly among local
         governments and in conjunction with the Florida Building Code. 11 Each county, municipality, and
         special district with fire safety enforcement responsibilities must employ or contract with a fire safety
         inspector (certified by the State Fire Marshal) to conduct all fire safety inspections required by law. 12

         The Florida Building Code

         In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
         building code that would ensure that Florida's minimum standards were met. Local governments could
         choose from four separate model codes. The state's role was limited to adopting all or relevant parts of
         new editions of the four model codes. Local governments could amend and enforce their local codes,
         as they desired. 13

         In 1992, Hurricane Andrew demonstrated that Florida's system of local codes did not work. Hurricane
         Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
         Governor eventually appointed a study commission to review the system of local codes and make
         recommendations for modernizing the system. The 1998 Legislature adopted the study commission's
         recommendations for a single state building code and enhanced the oversight role of the state over
         local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
         (Building Code), and that first edition replaced all local codes on March 1, 2002. 14 The current edition of
         the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code. 15

         Part IV of ch. 553, F.S., is known as the "Florida Building Codes Act" (Act). The purpose and intent of
         the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and enforcement
         of a single, unified state building code. The Building Code must be applied, administered, and enforced
         uniformly and consistently from jurisdiction to jurisdiction. 16



8
   S. 633.104, F.S.
9
   Ss. 633.202(1) and (2), F.S.
10
    Id The NFPA is the National Fire Protection Association. Founded in 1896, the NFPA delivers information and knowledge through
no more than 300 consensus codes and standards, research, training, education, outreach and advocacy. NFPA, About NFPA,
httPs://www.nfpa.org/about-nfpa (last visited Feb. 4, 2021).
11
    The Florida Building Code is the statewide building code for all construction in the state. Every local government must enforce the
Florida Building Code and issue building permits. See generally ch. 553, F.S.
12
    S. 633.216(1), F.S.
13
    The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
httP://www.floridabuilding.org/fbc/publications/2006 Legislature Rpt rev2.pdf (last visited Feb. 15, 2021 ).
14
    Id; DBPR, Building Code Iriformation System, https://floridabuilding.orgic/default.aspx# (last visited on Feb. 15, 2021 ).
15
    Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 21, 2021).
16
    See S. 553.72(1), F.S.
STORAGE NAME: h0823.RRS.DOCX                                                                                                   PAGE: 3
DATE: 3/4/2021
         The Florida Building Commission (Commission) was statutorily created to implement the Building
         Code. The Commission, which is housed within the DBPR, is a 19-member technical body made up of
         design professionals, contractors, and government experts in various disciplines covered by the
         Building Code. The Commission reviews several International Codes published by the International
         Code Council, 17 the National Electric Code, and other nationally adopted model codes to determine if
         the Building Code needs to be updated and adopts an updated Building Code every three years. 18

         Enforcement of the Florida Building Code

         It is the intent of the Legislature that local governments have the power to inspect all buildings,
         structures, and facilities within their jurisdiction in protection of the public's health, safety, and welfare. 19
         Every local government must enforce the Florida Building Code and issue building permits. 20

         Current law also requires State universities, Florida College System institutions, and public school
         districts to enforce the Building Code for their building projects, including conducting plan review and
         inspections. State universities, Florida College System institutions, and public school districts must use
         or contract with licensed building officials, inspectors, and plan examiners, and may elect to use a local
         government's building department to review plans and perform inspections. 21

         It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
         building without first obtaining a building permit from the local government or from such persons as
         may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
         as set forth in a schedule of fees adopted by the enforcing agency. 22

         A building permit is an official document or certificate issued by the local building official that authorizes
         performance of a specific activity. 23 A building official is a local government employee or a person
         contracted by a government entity who supervises building code activities, including plans review,
         enforcement, and inspection. 24 Any construction work that requires a building permit also requires plans
         and inspections by the building official to ensure the work complies with the Building Code. 25 Generally
         speaking, a permit that passes the required inspections is considered completed or closed. 26

         Time-Period to Review Building Permit Applications

         Fire protection systems, including fire alarms, must be installed, repaired, operated, and maintained in
         accordance with the Fire Code and the Building Code. 27

         Current law requires local governments to review certain building permit applications within a specific
         time-period of receiving the applications. Current law has established time-periods for local
         governments to review applications for the following building permits: 28

             •    accessory structure;
             •    alarm permit;

17
   The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to "construct safe, sustainable, affordable and resilient structures." International Code Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Feb. 21, 2021).
18
   Ss. 553.73, & 553.74, F.S.
19
   S. 553.72, F.S.
20
   Ss. 125.0l(l)(bb), 125.56(1), & 553.80(1), F.S.
21
   S. 553.80(6), F.S.
22
   See Ss. 125.56(4)(a) & 553.79(1), F.S.
23
   S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
24
   S. 468.603(2), F.S.; S. 202 of the Seventh edition of the Florida Building Code (Building).
25
   Ss. 107, 110.1, and 110.3 ofthe Seventh edition ofthe Florida Building (Building).
26
   Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building Department,
Building Division, http,//discover.pbcgov.org/pzb/build ing/BuildingCodes/ PBO-
 l26%20%E2%80%93%20Closing%201nactive%20and%20Excluded%2013uilding%20Permits.pdf (last visited Mar. 15, 2019).
27
   Sections 202 and 901.2 of the Seventh edition of the Florida Building Code (Building).
28
   S. 553.792(2), F.S.
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DATE: 3/4/2021
                •    nonresidential buildings less than 25,000 square feet;
                •    electric;
                •    irrigation permit;
                •    landscaping;
                •    mechanical;
                •    plumbing;
                •    residential units other than a single family unit;
                •    multifamily residential not exceeding 50 units;
                •    roofing;
                •    signs;
                •    site-plan approvals and subdivision plats not requiring public hearings or public notice; and
                •    lot grading and site alteration associated with the permit application set forth in this subsection.

            When a local government receives an application for one of the above building permits, it must: 29

                •    Inform the applicant within 10 days of receiving the application, what information, if any, is
                     needed to complete the application.
                         o If the local government fails to provide written notice to the applicant within the 10-day
                             window, the application is deemed to be properly completed.
                •    Notify the applicant within 45 days of the application being deemed complete, if additional
                     information is necessary to determine the sufficiency of the application;
                         o If additional information is needed the local government must specify what additional
                             information is necessary.
                         o The applicant may submit the additional information to the local government or request
                             that the local government act on the application without the additional information.
                •    Approve, approve with conditions, or deny the application within 120 days following receipt of
                     the completed application.
                         o This period is tolled during the time an applicant is responding to a request for additional
                             information and may be extended by mutual consent of the parties.

            These time-periods do not apply when a law, agency rule, or local ordinance specify different
            timeframes for review of local building permit applications, for permits for wireless communication
            facilities, or when both parties agree to an extension. 30

            Uniform Fire Alarm Permit

            During the 2019 Legislative Session, the Legislature passed HB 1393, which created a uniform fire
            alarm permit application. An electrical or alarm system contractor must file a uniform fire alarm permit
            application with a local enforcement agency in order to obtain a fire alarm permit. 31

            A local enforcement agency is an agency of local government, a local school board, a community
            college board of trustees, or a university board of trustees in the State University System with
            jurisdiction to make inspections of buildings and to enforce the Building Code. 32

            The Uniform Fire Alarm Permit Application must include the following information: 33

                •    The name and address of the owner of the property;
                •    The name, address, and license number of the contractor;
                •    A description sufficient to identify the property to be improved, including the property's address
                     and legal description;
                •    A description of the work being performed; and

29
     S. 553.792(1), F.S.
30 Id.
31
   553.7921(1); See House Analysis of2019 House Bill 1393 (Jun. 27, 2019).
32
    553.71(5), F.S.
33
   553.7921(2), F.S.
STORAGE NAME: h0823.RRS.D0CX                                                                                       PAGE: 5
DATE: 3/4/2021
              •    The owner and the contractor's signature.

          HB 1393 also provided that an electrical or alarm system contractor cannot install, replace, or repair a
          fire alarm until they obtain a fire alarm permit. This resulted in electrical and alarm system contractors
          being unable to begin repairs on fire alarms until they obtained a permit. 34

          Advertisements

          Current law requires construction contractors and electrical and alarm system contractors to have their
          license number in every offer of service, business proposal, or advertisement, regardless of medium.
          However, advertisement does not include business stationery or any promotional novelties such as
          balloons, pencils, trinkets, or articles of clothing. 35

         According to DBPR, if an advertisement does not include a contractor's license number, it is a warning
         sign that the contractor may be an unlicensed contractor. 36

         According to industry members, many states require contractors to include their license number in their
         advertisements. This results in alarm system companies that operate in multiple states having to create
         separate advertisements, including television, radio, and print ads, for each state or having to list all of
         their license numbers in an advertisement. 37

         Effect of the Bill

         An electrical or alarm system contractor is not required to obtain a fire alarm permit before beginning
         repairs on a fire alarm system if:

               •   the fire alarm was previously permitted by the local enforcement agency; and
               •   the contractor applied for a fire alarm permit prior to beginning the repairs.

         The bill clarifies that repairs to a fire alarm system are not considered complete until the required fire
         alarm permit has been obtained and approved by the local enforcement agency.

         The bill provides that an alarm system contractor does not have to include their license number in an
         advertisement38 if:

              •    The alarm system contractor maintains a website that contains his or her license number; and
              •    The alarm system contractor's advertisement directs consumers to the contractor's website.

     B. SECTION DIRECTORY:
         Section 1.        Amends s. 489.521, F.S., providing an exemption to having to include a license number
                           in an alarm system advertisement.

         Section 2.        Amends s. 553.7921, F.S., provides that a contractor may begin repairs on a fire alarm
                           system under certain conditions.

         Section 3.        Providing an effective date of July 1, 2021 .




34
   553.7921(1); See House Analysis of2019 House Bill 1393 (Jun. 27, 2019).
35
   Ss. 489.119(5), and 489.521(7)(b), F.S.
36
   Any person without a license who advertises himself or herself or a business organization as available to practice electrical or alarm
system contracting commits unlicensed contracting. S. 489.53 l(l)(b), F.S.; DBPR, Tips for Hiring a Contractor,
http://www.myfloridalicense.com/dbpr/reg/documents/Coostruction-Brochure-English.pdf'?x40199 (last visited Mar. 3, 2021).
37
   Email from Holly Borgmann, Vice President of Government Affairs, ADT, RE: ADT one pager on advertising, (Mar. 4, 2021).
38
   "Advertisement" includes newspaper, magazine, flyer, billboard, phone book, Internet, and broadcast advertisements.
STORAGE NAME: h0B23.RRS.D0CX                                                                                                     PAGE: 6
DATE: 3/4/2021
                         11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            None.

        2. Expenditures:
           None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
           None.

        2. Expenditures:
           None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        The bill may have a positive impact on the private sector by allowing electrical and alarm system
        contractors to begin repairs on fire alarm systems without having to wait to obtain a permit, and
        allowing companies to advertise in multiple states using the same advertisement.

    D. FISCAL COMMENTS:
        None.


                                               111. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          None.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       The bill exempts alarm system contractors from having to include their license number in
       advertisements under certain conditions. However, certified electrical contractors may also work on
       alarm systems. The sponsor may want to clarify that an electrical contractor does not have to put their
       license number on advertisements for alarm system contracting under certain conditions.


                         IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0823.RRS .DOCX                                                                               PAGE: 7
DATE: 3/4/2021
FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        HB 823                                                                   2021




 1                                         A bill to be entitled
 2               An act relating to alarm system contractors; amending
 3               s. 489.521, F.S.; providing that advertisements for an
 4               alarm system contractor do not have to include the
 5               contractor's registration or certification number
 6               under certain circumstances; amending s. 553.7921,
 7               F.S.; authorizing a contractor to begin repairing a
 8               specified fire alarm system under certain conditions;
 9               providing that a repaired fire alarm system is not
10               compliant with the law until certain conditions are
11               met; conforming provisions to changes made by the act;
12               providing an effective date.
13
14      Be It Enacted by the Legislature of the State of Florida:
15
16               Section 1.        Paragraph (b) of subsection (7) of section
17      489.521, Florida Statutes, is amended to read:
18               489.521      Business organizations; qualifying agents.-
19               (7)

20               (b)    The registration or certification number of a
21      contractor shall be stated in each offer of services, business
22      proposal, or advertisement, regardless of medium, used by that
23      contractor. For the purposes of this part, the term
24      "advertisement" does not include business stationery or any
25      promotional novelties such as balloons, pencils, trinkets, or

                                                      Page 1 of 5

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                                                                                hb0823-00
FLORIDA                       H    O   U   S   E     0    F     REPRESENTATIVES




        HB 823                                                                          2021




26      articles of clothing. This paragraph does not apply to a
27      newspaper, magazine, flyer, billboard, phone book,                   Internet, or
28      broadcast advertisement for an alarm system contractor as long
29      as the contractor maintains an Internet website that contains
30      the contractor's registration or certification number and the
31      advertisement directs consumers to the contractor's Internet
32      website.
33               J.£l..   The board shall assess a fine of not less than $100 or
34      issue a citation to any contractor who fails to include that
35      contractor's certification or registration number when
36      submitting an advertisement for publication, broadcast, or
37      printing. In addition, any person who claims in any
38      advertisement to be a certified or registered contractor, but
39      who does not hold a valid state certification or registration,
40      commits a misdemeanor of the second degree, punishable as
41      provided ins. 775.082 ors. 775.083.
42               Section 2.        Section 553.7921, Florida Statutes, is amended
43      to read:
44               553.7921         Fire alarm permit application to local
45      enforcement agency.-
46               (1)      A contractor must file a Uniform Fire Alarm Permit
47      Application as provided in subsection (2) with the local
48      enforcement agency and must receive the fire alarm permit
49      before+
50               +a+      installing or replacing a fire alarm if the local

                                                       Page 2 of 5

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                                                                                       hb0823-00
FLORIDA                         H   O    U    S   E       0   F       REPRESENTATIVES




        HB 823                                                                                                       2021




51      enforcement agency requires a plan review for the installation
52      or replacement.             If the local enforcement agency requires a fire
53      alarm permit in order to repair-t---er
54               (b)     Repairing an existing alarm system that was previously
55      permitted by the local enforcement agency, a contractor must
56      file a Uniform Fire Alarm Permit Application as provided in
57      subsection (2) but may begin work before receiving the permit~
58      the local enforcement agency requires a fire alarm permit for
59      the repair. A repaired fire alarm system is not in compliance
60      with the law until the required permit has been issued and the
61      local enforcement agency has approved the repair.
62               (2)     A Uniform Fire Alarm Permit Application must be
63      submitted with any drawing, plan, and supporting documentation
64      required by a local enforcement agency for a project for which a
65      plan review or fire alarm permit is required under subsection
66       (1). The application may be submitted electronically or by
67      facsimile and must be signed by the owner, or the owner's
68      authorized representative, and the contractor, or the
69      contractor's agent. The application must contain the following
70      information,           in a substantially similar form:
71                                                UNIFORM FIRE ALARM
72                                                PERMIT APPLICATION
73      Tax Folio No . . . . . . . . .                                            Application No . . . . . . . . .
74      Owner's or Representative's Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75      Property Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                                                           Page 3 of 5

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                                                                                                                   hb0823-00
FLORIDA                            H    O     U   S    E        0    F       REPRESENTATIVES




         HB 823                                                                                                                   2021




 76      City . . . . . . . . . . . . . . . . . . . . State . . . . . . . . . . . . . . . . Zip . . . . . . . . . . . .
 77      Phone Number . . . . . . . . . . . . . . . . . . . .
 78      Fee Simple Titleholder's Name                              (if other than
 79      owner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 80
 81      Fee Simple Titleholder's Address                                 (if other than
 82      owner) .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 83
 84      Description of
 85      Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 86
 87      New Install . . . . . . . . Replacement . . . . . . . .
 88      Addition . . . . . . . . Other . . . . . . . .
 89      Construction Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 90      Proposed Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 91      Alarm Contractor's Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 92      Alarm Contractor's Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
 93      City . . . . . . . . . . . . . . . . . . . . State . . . . . . . . . . . . . . . . Zip . . . . . . . . . . . .
 94      Phone Number . . . . . . . . . . . . . . . . . . . .
 95      Alarm Contractor's License
 96      Number . . . . . . . . . . . . . . . . . . . .
 97      Application is hereby made to obtain a permit to do the work or
 98      installation as indicated.                          I certify that no work or
 99      in s t a l l at ion has c offiffie n c e d before t h e filing of this pe rfflit
100      app l ic ation and t ha t                all of the foregoing information is true

                                                                 Page 4 of 5

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                                                                                                                                hb0823-00
FLORIDA                        H   O   U   S   E      0     F      REPRESENTATIVES




         HB 823                                                                 2021




101      and accurate.
102      ... (Signature of Owner or Owner's Representative) ...
103      Printed Name ............................... .
104      ... (Signature of Contractor or Agent) .. .
105      Printed Name ............................... .
106               Section 3.        This act shall take effect July 1, 2021.




                                                          Page 5 of 5

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                                                                               hb0823-00
                       REGULATORY REFORM SUBCOMMITTEE

                                 HB 823 by Rep. Mariano
                                Alarm System Contractors

                                 AMENDMENT SUMMARY
                                     March 8, 2021


Amendment 1 by Rep. Mariano (line 28):
The amendment:
   • Clarifies that electrical contractors that are performing alarm system contracting, in
      addition to alarm system contractors, are not required to include their license number in
      an advertisement, if the advertisement includes the contractor's website and the website
      includes the contractor's license number.

Amendment 2 by Rep. Mariano (line 60):
The amendment:
   • Clarifies that a repaired alarm system is not compliant with the Florida Building Code,
      Florida Fire Code, and any other applicable codes, until the local enforcement agency
      has approved the repair.
                                                COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                         Bill No. HB 823   (2021)
       Amendment No. 1.




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/0 OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:         Regulatory Reform
 2     Subcommittee
 3     Representative Mariano offered the following:
 4
 5          Amendment (with title amendment)
 6             Remove line 28 and insert:
 7     broadcast advertisement for alarm system contracting as long
 8
 9

10                          T I T L E    A ME N D ME N T
11          Remove lines 3-4 and insert:
12
13     s. 489.521, F.S.; providing that advertisements for alarm system
14     contracting do not have to include the




     790685 - h0823-line28.docx
      Published On: 3/5/2021 12:49:28 PM
                                     Page 1 of 1
                                                 COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                          Bill No. HB 823     (2021)
       Amendment No. 2.




               COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                           (Y/N)
       ADOPTED AS AMENDED                (Y/N)
       ADOPTED W/0 OBJECTION             (Y/N)
       FAILED TO ADOPT                   (Y/N)
       WITHDRAWN                         (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:           Regulatory Reform
 2     Subcommittee
 3     Representative Mariano offered the following:
 4
 5          Amendment (with title amendment)
 6             Remove line 60 and insert :
 7     with appli cable codes and standards until the required permit has
 8     been issued and the
 9

10              - - --------------------------------- - --------------- - -
11                           TITLE        AMENDMENT
12          Remove line 10 and insert:
13     Compl iant with applicable codes and standards until certain
14     conditions are




     176619 - h0823-line60.docx
      Published On: 3/5/2021 1 2 :51:00 PM
                                       Page 1 o f 1
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                                     HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 855   Barber Services
SPONSOR(S): Morales and others
TIED BILLS:       IDEN./SIM. BILLS:                       SB 1176

  REFERENCE                                                        ACTION                   ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

   1) Regulatory Reform Subcommittee                                                        Wright                Anstead

  2) Commerce Committee


                                                         SUMMARY ANALYSIS

Barbers and barbershops are regulated by the Barbers' Board (board) under the Department of Business and
Professional Regulation (DBPR). A barber license is required to perform barbering services, and arrangements
for such services must be made through a registered barbershop.

Generally, all barber services must performed in registered barbershops, except services provided:
   • in a location other than a registered barbershop, including, but not limited to, a nursing home, hospital,
      or residence, for a client of ill health.
   • in connection with the motion picture, fashion photography, theatrical, or television industry; or a
      manufacturer trade show demonstration.

The bill allows barbers to shampoo, cut, or arrange hair in a location other than a registered barbershop
without making arrangements to do so through a registered barbershop.

The bill does not have a fiscal impact on state or local governments.

The bill provides an effective date of July 1, 2021.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0855.RRS .D0CX
DATE: 3/5/2021
                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:

        Barbering

        Barbers and barbershops are regulated by ch. 476, F.S., and licensed by the Barbers' Board (board)
        under the Department of Business and Professional Regulation (DBPR).

        'Barbering' means any of the following practices when done for remuneration and for the public, but not
        when done for the treatment of disease or physical or mental ailments: shaving, cutting, trimming,
        coloring, shampooing, arranging, dressing, curling, or waving the hair or beard or applying oils, creams,
        lotions, or other preparations to the face, scalp, or neck, either by hand or by mechanical appliances." 1

        A barber license is required to perform barbering services. 2 To be eligible for licensure, barbers must: 3
           • be at least 16 years old,
           • complete the required training for barbers, which is between 600 and 900 hours, 4
           • pass the written examination, 5 and
           • pay a $218.50 application fee, 6 plus a $5 unlicensed activity fee. 7

        There are 11,713 barbers and 5,434 restricted barbers in the state. For the 2019-2020 Fiscal Year,
        DBPR received 845 complaints against barbers, and took 112 disciplinary actions. 8

        Barbershops

        In Florida, barbershops must be registered. 9 Barbershops are inspected periodically by DBPR, in
        accordance with sanitary standards set forth by the board. 10

        Generally, all barber services must performed in registered barbershops, except services provided: 11
           • in a location other than a registered barbershop, including, but not limited to, a nursing home,
              hospital, or residence, for a client of ill health who is unable to go to a registered barbershop.
              Arrangements for the performance of such barber services must be made through a registered
              barbershop.
           • in connection with the motion picture, fashion photography, theatrical, or television industry; or a
              manufacturer trade show demonstration.




1 S. 476.034(2), F.S.
2 S. 476.144(1), F.S.

3 S. 476.114, F.S.
4 Barbers are eligible to take the examination after 600 hours. If their examination is not successful, the full 900 hours

must be completed . S. 476.114(2)(c), F.S. There is also an option to be a barber with a restricted license, which is 600
hours training in total and restricts such barbers from applying chemical solutions or preparations to hair. S. 476.144(6),
F.S.; R. 6183-16.006, FAG.
5 R. 61-35.006, FAG.
6 Email from Conner Mann, Legislative Affairs Coordinator, Florida Department of Business and Professional Regulation,

RE: Barbers (Mar. 1, 2021 ).
7 S. 455.2281, F.S.

a DBPR, supra note 6.
9 S. 476.184(1), F.S.

10 S. 476.184(2), F.S.
11 S. 476.188, F.S.
STORAGE NAME: h0855.RRS.D0CX                                                                                           PAGE: 2
DATE: 3/5/2021
         Cosmetology and Cosmetology Salons

         Cosmetologists, nail specialists, facial specialists, full specialists, and related salons in the state are
         regulated in accordance with ch. 477, F.S., and licensed by the Board of Cosmetology under DBPR. A
         cosmetology or specialty license is required to perform cosmetology services.12

         In Florida, cosmetology and specialty salons must be licensed. 13 Such salons are inspected periodically
         by DBPR, in accordance with sanitary standards set forth by the Board of Cosmetology. 14

         Currently, cosmetology services must be performed by a cosmetologist or specialist in a licensed
         cosmetology or specialty salon, except: 15
             • services provided for a special event. 16
             • hair shampooing, hair cutting, hair arranging, nail polish removal, nail filing, nail buffing, and
                 nail cleansing performed at any time outside of a salon, regardless of whether the service is in
                 connection with a special event.
             • services provided for a client who for reasons of ill health is unable to go to a licensed salon.
                 Arrangements for the performance of such cosmetology services must be made through a
                 licensed salon.
             • services provided for a motion picture, fashion photography, theatrical, or television industry; a
                 photography studio salon; a manufacturer trade show demonstration; or an educational
                 seminar.

         Prior to 2020, a cosmetologist or specialist was required to work through a salon for special events,
         similar to current requirements for barbers. 17 CS/HB 1193 18 allowed cosmetologists and specialists to
         perform cosmetology services for a special event without making such arrangements through a salon.

         CS/HS 1193 also allowed hair shampooing, hair cutting, hair arranging, nail polish removal, nail filing,
         nail buffing, and nail cleansing to be performed outside of a salon by a cosmetologist or specialist,
         regardless of whether the service is in connection with a special event, and without making such
         appointment through a salon. 19

         Effect of the Bill

         The bill allows barbers to shampoo, cut, or arrange hair in a location other than a registered barbershop
         without making arrangements to do so through a registered barbershop.

         The bill provides an effective date of July 1, 2021.

     B. SECTION DIRECTORY:

         Section 1:        Amends s. 476.188, F.S.; providing an exception to the requirement to make outside
                           bookings through a registered barbershop.
         Section 2:        Provides an effective date.




12 S. 477.014, F.S.

13 S. 477.025(1), F.S.
14 S. 477 .025(9), F.S.; Ch. 61G5-20, F.A.C .

1s S. 477.0263(1)-(4), F.S.
16 Defined by board rule as a wedding or fashion show. R. 61G5-20.0015(1), F.A.C.

17 S. 477 .0263(4), F.S. (2019) .
1e Ch . 2020-160, L.O.F.
19 /d.
STORAGE NAME : h0855.RRS.DOCX                                                                                 PAGE: 3
DATE: 3/5/2021
                         II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues :

           None.·

        2. Expenditures:

           None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:

           None.

       2. Expenditures:

           None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

       The bill will allow barbers to practice shampooing, hair cutting, or hair arranging without needing to
       perform such services in a barbershop or make appointments for such services through a barbershop,
       which will bring them in line with current cosmetology requirements . This will provide barbers with more
       flexibility to offer their customers more services outside a barbershop.

    D. FISCAL COMMENTS:

        None.

                                               Ill. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:

          Not applicable. This bill does not appear to affect county or municipal governments.

       2. Other:

          None.

    B. RULE-MAKING AUTHORITY:

       None.

   C. DRAFTING ISSUES OR OTHER COMMENTS:

       None.

                         IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0855.RRS .DOCX                                                                            PAGE: 4
DATE: 3/5/2021
FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        HB855                                                                          2021




 1                                         A bill to be entitled
 2              An act relating to barber services; amending s.
 3              476.188, F.S . ; authorizing a barber to shampoo, cut,
 4              or arrange hair in a location other than a registered
 5              barbershop without specified arrangements; providing
 6              an effective date.
 7

 8      Be It Enacted by the Legislature of the State of Florida:
 9

10              Section 1.         Subsection (2 ) of secti on 476.188, Florida
11      Statutes, i s amended to re a d:
12              476.1 8 8     Barbe r service s t o b e performe d in registered
13      barbershop; exception.-
14               (2)    Pursuant t o rules establishe d b y the board, barber
15      services ma y be p erformed by a licensed barber in a location
16      other t h an a r e g istered barbershop , i nc l u ding , but n ot limi t ed
17      to, a nursing home, hospital, or residence, when a client for
18      r easons of i ll health is unab l e to go t o a registered
19      b arbershop . Arrangeme nts fo r t h e p erformance of barber serv ices
20      i n a l ocat ion other tha n a re gistere d barbers hop s hall be made
21      only through a registered barb ershop. However, a barber ma y
22      shampoo, c ut, or a rrang e hai r in a l oc ati on ot her tha n a
23      reg iste red barbers h op wi t h out suc h arrang ements .
24              Sectio n 2 .       Th is act s ha ll take effect Jul y 1 , 20 2 1 .



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                                                                                      hb0855-00
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                                     HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 6053   Doorstep Waste Containers
SPONSOR(S): Yarborough
TIED BILLS:       IDEN./SIM. BILLS: SB 904

     REFERENCE                                                       ACTION                    ANALYST            STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

     1) Regulatory Reform Subcommittee                                                         Brackett           Anstead

     2) Commerce Committee


                                                         SUMMARY ANALYSIS
Florida's fire prevention and control law, ch. 633, F.S., designates the state's Chief Financial Officer as the
State Fire Marshal, and requires the State Fire Marshal to adopt the Florida Fire Prevention Code (Fire Code)
by rule every three years. The Fire Code sets forth fire safety standards (including certain national codes) for
property, and is enforced by local fire officials within each local government in the state. The Fire Code
provides that a person may not place combustible waste and refuse in a building's means of egress, which
includes a building's exit access corridors.

Currently, there are various providers offering doorstep waste collection services to apartment complexes
throughout the state. Residents in these complexes place waste outside their front door, and the provider picks
it up. An apartment complex resident's front door usually opens to a hallway, corridor, or walkway, which may
be or lead to the building's exit access.

During the 2018 Legislative Session, the Legislature temporarily allowed residents in apartment buildings to
place combustible waste and refuse in an exit access corridor if certain conditions were met. These statutory
changes were not adopted by the State Fire Marshal in the Fire Code. Current law allows waste containers to
be placed in an apartment building's exit access corridors if:
    • Waste, which is in a container, is not in an exit access corridor for a single period greater than 5 hours;
    • Containers do not exceed 13 gallons for apartment buildings with enclosed corridors and interior or
       exterior stairs, or exceed 27 gallons for apartment buildings with open air corridors and exterior stairs or
       balconies with exterior exit stairs;
    • Containers are not in an exit access corridor for a single period greater than 12 hours for apartment
       buildings with enclosed corridors and interior or exterior stairs;
    • Containers do not reduce the exit access corridor's width below the width required by the Fire Code;
    • Containers can stand upright on their own and do not leak fluids when standing upright; and
    • The apartment's management staff have written policies and procedures to ensure compliance with the
       above conditions.

Apartment complexes were given a phase-in period to comply with these requirements, which ended on
December 31, 2020.

The provisions allowing the placement of waste and refuse containers in an exit access corridor expire on July
1, 2021.

The bill repeals the July 1, 2021 expiration date for the statutory provisions, thus allowing residents in
apartment complexes to continue placing waste outside their front door for pick up by waste collection
services, which may conflict with the Fire Code.

The bill is not expected to have a significant fiscal impact on state or local government.

The bill provides an effective date of July 1, 2021.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h6053.RRS DOCX
DATE: 3/5/2021
                                                        FULL ANALYSIS

                                                 I. SUBSTANTIVE ANALYSIS

          A EFFECT OF PROPOSED CHANGES:

          Current Situation

          Florida's fire prevention and control law, ch . 633, F.S ., designates the state's Chief Financial Officer as the
          State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal within the
          Department of Financial Services (DFS) , is charged with enforcing the provisions of ch . 633, F.S., and all
          other applicable laws relating to fire safety, and has the responsibility to minimize the loss of life and
          property in this state due to fire. 1 Pursuant to this authority, the State Fire Marshal regulates, trains , and
          certifies fire service personnel and fire safety inspectors; investigates the causes of fires; enforces arson
          laws; regulates the installation of fire equipment; conducts fire safety inspections of state property; and
          operates the Florida State Fire College.

          Adoption and Interpretation of the Florida Fire Prevention Code

          The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Code), which contains all
          fire safety laws and rules that pertain to the design , construction , erection, alteration, modification, repair,
          and demolition of public and private buildings, structures, and facilities, and the enforcement of such fire
          safety laws and rules, at ch . 69A-60, F.A.C.

          The State Fire Marshal adopts a new edition of the Fire Code every three years. 2 When adopting the Fire
          Code the Fire Marshal is required to adopt the most current version of the national fire and life safety
          standards set forth by the National Fire Protection Association (NFPA) including the:
              • NFPA's Fire Code (1 );
              • Life Safety Code ( 101 ) ; and
              • Guide on Alternative Approaches to Life Safety (101A).3

          The State Fire Marshal may modify the national fire safety and life safety standards as needed to
          accommodate the specific needs of the state. 4

          The most recent Fire Code is the 7th edition, which is referred to as the 2020 Florida Fire Prevention Code.
          The 7th edition of the Fire Code took effect on December 31 , 2020. 5

          The State Marshal has authority to interpret the Code , and is the only authority that may issue a
          declaratory statement relating to the Fire Code.6

          Fire Safety Enforcement by Local Governments

          State law requires all municipalities, counties, and special districts with fire safety responsibilities to enforce
          the Fire Code as the minimum fire prevention code to operate uniformly among local governments and in



1
  S. 633 .104, F.S.
2
  S. 633 .202, F.S.
3
  S. 633 .202(2), F.S. Founded in 1896, the National Fire Protection Association delivers information and knowledge through more
than 300 consensus codes and standards, research, training, education, outreach and advocacy; and by partnering with others who
share an interest in furthering the mission. NFPA, About NFPA, http://www.nfpa.org/about-nf~ (last visited on Feb. 28, 2021).
4   Id.
5 Division of State Fire Marshal, Florida Fire Prevention Code (FFPC),

https://www.myfloridacfo.com/division/sfin/btb/tloridafirepreventioncodepage.htm (last visited Feb. 28, 2021 ).
6
 S. 633.104(6), F.S.
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DATE: 3/5/2021
    conjunction with the Florida Building Code.7 These local enforcing authorities may adopt more stringent fire
    safety standards, subject to certain requirements ins. 633.208, F.S., but may not enact fire safety
    ordinances that conflict with ch. 633, F.S., or any other state law.8

    The chiefs of local government fire service providers (or their designees) are authorized to enforce ch . 633,
    F.S., and rules within their respective jurisdictions as agents of those jurisdictions, not agents of the State
    Fire Marshal. 9 Each county, municipality, and special district with fire safety enforcement responsibilities is
    also required to employ or contract with a fire safety inspector (certified by the State Fire Marshal) to
    conduct all fire safety inspections required by law.10

    Section 633.208(5), F.S. states "With regard to existing buildings, the Legislature recognizes that it is not
    always practical to apply any or all of the provisions of the Fire Code and that physical limitations may
    require disproportionate effort or expense with little increase in fire or life safety."

    Pursuant to s. 633.208(5) , F.S., local fire officials must apply the Fire Code for existing buildings to the
    extent practical to ensure a reasonable degree of life safety and safety of property. The local fire officials
    are also required to fashion reasonable alternatives that afford an equivalent degree of life safety and
    safety of property.

    Florida Building Code

    The Florida Building Code (Building Code) is the statewide building code for all construction in the state.
    The Florida Building Commission (Commission}, housed within the Department of Business and
    Professional Regulation (DBPR), implements the Building Code. The Commission reviews the International
    Code Council's I-Codes and the National Electric Code every three years to determine if it needs to update
    the Building Code. 11

    Means of Egress

    A means of egress is a path available for a person to leave a building . A means of egress is made up of
    three parts, which includes the following :12

        •    Exit access;
        •    Exit; and
        •    Exit discharge.

    The exit access is a path, such as a hallway or corridor, from any location in the building to an exit. The exit
    is usually a door leading outside, or in a multi-story building, an enclosed stairway. The exit discharge is a
    path from the exit to a space that is dedicated to public use such as a street or alley.13

    The Fire Code provides that a building 's means of egress must be a certain width determined by the
    number of occupants in the building and the use of the building. 14 The Fire Code further provides that a
    building's means of egress must be free of all obstructions or impediments in case of fire or other
    emergency .15

7
   Ss. 633.108 and 633.208, F.S.
8
   Ss. 633.208 and 633.214(4), F.S.
9
   S.633.118, F.S.
10
    S. 633 .216(1), F.S.
11
    S. 553.73(7)(a), F.S.
12
    Section 3 .3 .182 of the 7th edition of the Florida Fire Prevention Code (NFPA I, Fire Code).
13 Section 202 of the 7th edition of the Florida Building Code (Building); Richmond ICC, 2018 Annual Conference Education

Sessions, Session: 2018 !BC Essentials - Means of Egress & Fire Protection, https://www.iccsafe.org/wp-content/upload /2018-1 BC-
Essentials-%E2%80%93-Means-of- gress-Fire-Protection.pdf (last visited Feb. 28, 2021 ).
14
    See Section 7.3.4 of the 7th edition of the Florida Fire Prevention Code (NFPA 101, Life Safety Code).
15
    Section 7. I.I 0. I of the 7th edition of the Florida Fire Prevention Code (NFP A IO 1, Life Safety Code).
STORAGE NAME: h6053.RRS.DOCX                                                                                              PAGE: 3
DATE: 3/5/2021
     The Building Code also provides that a building's means of egress must be a certain width determined by
     the number of occupants in the building. 16 The Building Code provides that the required width of a
     building's means of egress must be free of all obstructions and impediments. 17

     However, the Building Code provides that maintenance of a building's means of egress must be in
     accordance with the Fire Code. 18 DBPR has interpreted this to mean that the Fire Code takes precedence
     when it comes to people placing objects, such as a trashcan, in a building's means of egress. 19

     Combustible Waste and Refuse

     The Fire Code defines "combustible waste" as any combustible or loose waste material that is generated
     by an establishment or process and, if salvageable, is retained for scrap or reprocessing on the premises
     where generated or transported to a plant for processing. 20

     The Fire Code defines "combustible refuse" as a combustible or loose rubbish, litter, or waste materials
     generated by an occupancy that are refused, rejected, or considered worthless and are disposed of by
     incineration on the premises where generated or periodically transported from the premises. 21

     Combustible waste and refuse may be stored in an apartment building if the combustible waste and refuse
     is:22

         •   Stored in a container less than 1.5 cubic yards (302 gallons) or in an enclosed area with a 1 hour
             fire resistance rating and an automatic sprinkler system;
         •   Removed from the building once a day unless the waste and refuse is stored in a noncombustible
             room; and
         •   Not stored in the building's exit(s).

     Private Doorstep Collection Providers

     Currently, there are various providers offering doorstep refuse and recycling collection services to
     apartment complexes throughout the state. The basic business model requires the residents of an
     apartment building to place their waste outside of their doorstep, in a specified container approved by the
     provider. The doorstep refuse and recycling collection providers then come by and collect the waste at a
     specified time. 23

     An apartment complex resident's front door opens to a hallway, corridor, or walkway, which is usually the
     building's exit access and therefore part of the building's means of egress. According to DFS, apartments
     that contract with the doorstep refuse and recycling collection providers are violating the Fire Code by
     allowing residents to place combustible waste and refuse in their buildings' means of egress. 24

     In 2016, the State Fire Marshal issued declaratory statements determining that apartments may not allow
     residents to place waste containers outside their front doors regardless of the size of the container or if the
     waste is removed daily. The State Fire Marshal determined that the Fire Code prohibits apartment


16
   Section 1005 of the 7th edition of the Florida Building Code (Building).
17
   Section 1018.1, 1020.3, and 1024.2 ofthe 7th edition of the Florida Building Code (Building).
18
   Section 1001.3 of the 61h edition of the Florida Building Code (Building).
19
   Email from Vicky Summerhill, Office of Legislative Affairs, Department of Business and Professional Regulation, FW: Florida
Building Code questions (Mar. 4, 2021 ).
20
   Section 3.3.63 of the 7th edition of the Florida Fire Prevention Code (NFPA 1, Fire Code).
21
   Section 3.3.62 of the 7th edition ofthe Florida Fire Prevention Code (NFPA 1, Fire Code).
22 Section 10.18.4 and 19.2.1 of the 7th edition of the Florida Fire Prevention Code (NFPA 1, Fire Code).
23
   Department of Financial Services, Agency Analysis of2018 House Bill 529, p. I (Nov. 29, 2017).
24 Id.
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DATE: 3/5/2021
     residents from placing any type of waste container outside their door because the residents are placing an
     obstruction in a building's means of egress and combustible waste in a building 's exit. 25

     During the 2018 Legislative Session, the Legislature temporarily allowed refuse and recycling containers to
     be placed in exit access corridors in apartment buildings if the following conditions are met: 26

         •   Waste, which is in a doorstep refuse and recycling collection container, is not placed in an exit
             access corridor for a single period greater than 5 hours;
         •   Doorstep refuse and recycling containers do not exceed 13 gallons for apartment buildings with
             enclosed corridors and interior or exterior stairs;
         •   Doorstep refuse and recycling collection containers do not exceed 27 gallons for apartment
             buildings with open air corridors and exterior stairs or balconies with exterior exit stairs;
         •   Doorstep refuse and recycling collection containers are not in an exit access corridor for a single
             period greater than 12 hours for apartment buildings with enclosed corridors and interior or exterior
             stairs;
         •   Doorstep refuse and recycling collection containers do not reduce the exit access corridor's width
             below the width required by the Fire Code;
         •   Doorstep refuse and recycling collection containers are able to stand upright on their own and may
             not leak fluids when standing upright; and
         •   The apartment's management staff have written policies and procedures to ensure compliance with
             the above conditions. Management staff must enforce the policies and must provide a copy of the
             policies to the authority having jurisdiction upon request.

     Apartment complexes were given a phase in period to comply with these requirements. Apartments had to
     comply with the requirements by December 31, 2020. Local fire marshals were given authority to approve
     alternative containers or storage arrangements that are equivalent to these requirements. 27 However, these
     requirements sunset on July 1, 2021. The purpose of the sunset date was to give the various providers
     time to work with the State Fire Marshal to develop an amendment to the Fire Code, which is the State Fire
     Marshal's preferred method for amending the Fire Code.28

     According to DFS, the State Fire Marshal adopted an amendment to the Fire Code , which took effect when
     the 7th edition of the Fire Code became effective on December 31, 2020, intended to allow the various
     doorstep refuse and recycling collection providers to keep operating. 29 The amendment provides that waste
     and refuse may be placed in exits, exit passageways, enclosures for stairs or ramps, corridors, elevator
     lobbies, or egress balconies if:30

        •    Waste, which is in a doorstep refuse and recycling collection container, is not placed in an exit
             access corridor for a single period greater than 5 hours;
        •    Doorstep refuse and recycling containers do not exceed 15 gallons;
        •    Doorstep refuse and recycling collection containers are not in an exit access corridor for a single
             period greater than 15 hours;
        •    Doorstep refuse and recycling collection containers do not reduce the exit access corridor's width
             below the width required by the Fire Code;
        •    Management staff have written policies and procedures to ensure compliance with the above
             conditions. Management staff must enforce the policies and must provide a copy of the policies to
             the authority having jurisdiction upon request; and

25
   See In the matter of William Harrison, Fire Marshal Clermont Fire Department, Case No.: 188696-16-DS (Fla. DFS) (June 21,
2016); In the matter of Steve Strong, Fire Marshal Clearwater Fire & Rescue, Case No.: 196979-16-DS (Fla. DFS) (Dec. 23, 2016).
26
   S. 633.202(20), F.S.; See House Analysis of2018 House Bill 529 (Apr. 9, 2018).
21 Id.
28
   See The Florida Channel, 1/9/18 House Careers and Competition Subcommittee, https://thefloridachannel.org/videos/1-9-18-house-
careers-competition-subcomm ittee/ (last visited Feb. 28, 2021).
29
   Department of Financial Services, Agency Analysis of2021 House Bill 6053, p. 1 (Mar. 2, 2021).
30
   Sections 10.18.4. l and 10.18.4.1.1 of the 7th edition of the Florida Fire Prevention Code (NFPA I, Fire Code).
STORAGE NAME: h6053.RRS.D0CX                                                                                              PAGE: 5
DATE: 3/5/2021
         •   Waste or refuse must be placed completely inside one or more containers with a closed lid.

         After July 1, 2021, the following provisions in the amendment to the Fire Code take effect: 31

         •   Containers and lids located in an area that is not protected by fire sprinklers must be made entirely
             of noncombustible materials that comply with the Fire Code. 32
         •   Containers and lids located in an area that is protected by fire sprinklers does not have to made
             entirely of noncombustible materials that comply with the Fire Code.

     Proponents of repealing the sunset date argue that the amendment to the Fire Code requires apartment
     complex residents and doorstep refuse and recycling collection providers to use refuse and recycling
     containers that are not readily available. Opponents of repealing the sunset date argue that repealing the
     sunset date will allow refuse and recycling containers, which do not comply with the Fire Code, to be
     placed in apartment access corridors. 33

     Effect of the Bill

     The bill repeals the sunset date of July 1, 2021. Thus leaving the provisions ins. 633.202(20), F.S., that
     allow refuse and recycling containers to be lawfully placed in exit access corridors just as they have been
     since the adoption of the provisions in 2018.

     The bill also repeals the phase in period, which provisions had to be complied with by December 31, 2020.


     B. SECTION DIRECTORY:
        Section 1.        Amends s. 633.202, F.S., repealing a sunset date and a phase in period .

        Section 2.        Provides an effective date of July 1, 2021.


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1 . Revenues:
             None.

        2. Expenditures:
             None.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues :
             None.

        2. Expenditures:


31 Id.
32
   Noncombustible materials must meet a peak rate of heat release not exceeding 150 kW/m 2 when tested in accordance with ASTME
1354 at an incident heat flux of 50kW/m2 in the horizontal orientation. Containers and lids must be listed or have a label from an
approved agency that the container or lid meets the Fire Code's requirement. Id.
33
   See The Florida Channel, 3/3/21 Senate Committee on Community Affairs, https://thetloridachannel.org/videos/3-3-21-senate-
committee-on-community-affairs/ (last visited Mar. 4, 2021).
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DATE: 3/5/2021
                None.

       C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
            Indeterminate.

       D. FISCAL COMMENTS:
            None.


                                                       Ill. COMMENTS

       A. CONSTITUTIONAL ISSUES:

            1. Applicability of Municipality/County Mandates Provision :
              Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
              action requiring the expenditures of funds; reduce the authority that counties or municipalities have
              to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
              municipalities.

           2. Other:
               None.

       B. RULE-MAKING AUTHORITY:
            None.

       C. DRAFTING ISSUES OR OTHER COMMENTS:
           According to DFS, removing the sunset date and the phase in period would create a conflict between
           Florida Statutes and amendments to the Fire Code.

               "The proposed bill language would allow trash containers with no fire-rated requirements
               and located in the hallways used for egress, to obstruct the means of egress which would
               cause obstacles to life safety in case of emergency. All of subsection (20) needs to be
               repealed in accordance with the sunset provisions set forth in the law because it is in conflict
               with and would cause confusion with the 7th edition of the Florida Fire Prevention Code,
               which became effective December 31, 2020." 34


                               IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




34
     Department of Financial Services supra note 29.
STORAGE NAME: h6053 .RRS.DOCX                                                                                     PAGE: 7
DATE: 3/5/2021
FLORIDA                       H   O   U   S   E      0   F      REPRESENTATIVES




        HB 6053                                                                    2021




 1                                         A bill to be entitled
 2                An act relating to doorstep waste containers; amending
 3                s. 633.202,      F.S.; deleting an obsolete provision;
 4                removing the scheduled repeal of certain provisions
 5                regulating the use of containers in exit access
 6                corridors; providing an effective date.
 7
 8      Be It Enacted by the Legislature of the State of Florida:
 9

10                Section 1.       Paragraphs (d) and (e) of subsection (20) of
11      section 633.202, Florida Statutes, are amended to read:
12                633.202     Florida Fire Prevention Code.-
13                (20)
14                (d)    The authority having jurisdiction shall allow
15      apartment oecupancies a phase in period until December 31, 2020 ,
16      to comply with this subsection .
17                (e)    This subsection is repealed on July 1 , 2021.
18                Section 2.       This act shall take effect July 1, 2021.




                                                      Page 1 of 1

     CODING: Words strisken are deletions; words underl1ned are additions.
                                                                                  hb6053-00
                                     HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#:      HB 6073   Individual Wine Containers
SPONSOR(S): LaMarca
TIED BILLS:       IDEN./SIM. BILLS:

   REFERENCE                                                         ACTION                 ANALYST               STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

   1) Regulatory Reform Subcommittee

   2) Commerce Committee


                                                         SUMMARY ANALYSIS
In Florida, the Beverage Law regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco in the Department
of Business and Professional Regulation administers and enforces the Beverage Law.

Current law addressing limitations on the size of individual wine containers provides the following:
   • The sale of wine in an individual container that holds more than one gallon of wine is prohibited.
   • Wine may be sold in a reusable container of 5.16 gallons.
   • Distributors and manufacturers are allowed to sell wine to other distributors and manufacturers in
       containers of any size.
   • Except for restaurants in certain situations, wine sold or offered for sale by a licensed vendor to be
       consumed off the premises must be in the unopened original container.
   • Violations are a second-degree misdemeanor.

The bill repeals the law relating to limitations on the size of individual wine containers.

The bill does not appear to have a fiscal impact on state or local governments.

The bill provides an effective date of July 1, 2020.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h6073.RRS.DOCX
DATE: 3/4/2021
                                                       FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

        A. EFFECT OF PROPOSED CHANGES:
          Current Situation

          Beverage Law

          In Florida, the Beverage Law 1 regulates the manufacture, distribution, and sale of wine, beer, and liquor
          by manufacturers, distributors, and vendors .2 The Division of Alcoholic Beverages and Tobacco
          (Division) in the Department of Business and Professional Regulation (DBPR) administers and
          enforces the Beverage Law. 3

          "Alcoholic beverages" are defined as "distilled spirits and all beverages containing one-half of 1 percent
          or more alcohol by volume ." "Malt beverages" are brewed alcoholic beverages containing malt. 4

          The license and registration classifications used in the Beverage Law include the following:
             • "Manufacturers" are those "licensed to manufacture alcoholic beverages and distribute the same
                 at wholesale to licensed distributors and to no one else within the state, unless authorized by
                 statute."
             • "Distributors" are those "licensed to sell and distribute alcoholic beverages at wholesale to
                 persons who are licensed to sell alcoholic beverages."
             • "Importers" are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic
                 beverages to licensed manufacturers or licensed distributors, and to no one else in this state. 5
             • "Vendors" are those "licensed to sell alcoholic beverages at retail only" and may not "purchase
                 or acquire in any manner for the purpose of resale any alcoholic beverages from any person not
                 licensed as a vendor, manufacturer, bottler, or distributor under the Beverage Law."6

          Wine Container Limitations

          "Wine" is defined as all beverages made from fresh fruits, berries, or grapes, either by natural
          fermentation or by natural fermentation with brandy added, in the manner required by the laws and
          regulations of the United States, and includes all sparkling wines, champagnes, combination of the
          aforesaid beverages, sake, vermouths, and like products. Sugar, flavors, and coloring materials may be
          added to wine to make it conform to the consumer's taste, except that the ultimate flavor or the color of
          the product may not be altered to imitate a beverage other than wine or to change the character of the
          wine. 7

          Current law prohibits the sale of wine in an individual container that holds more than one gallon.
          However, wine may be sold in a reusable container of 5.16 gallons. 8

          Distributors and manufacturers are authorized to sell wine to other distributors and manufacturers in
          containers of any size. 9



1
  Section 561.01(6), F.S., provides that the "The Beverage Law" means chs. 561 , 562,563,564,565 , 567, and 568, F.S.
2
  See s. 561.14, F.S.
3
  S. 561.02, F.S.
4
  S. 563 .01, F.S.
5
  S. 561.01(5), F.S.
6
  S. 561.14, F.S.
7
  S. 564.01(1), F.S.
8
  S. 564.05, F.S.
9 Id.
STORAGE NAME: h6073.RRS .D0CX                                                                                           PAGE: 2
DATE: 3/4/2021
         Except for restaurants in certain situations, 10 wine sold or offered for sale by a licensed vendor to be
         consumed off-premises must be in the unopened original container. 11

         Violations are a second-degree misdemeanor, punishable by a maximum $500 fine 12 and 60 days in
         prison. 13

         Effect of the Bill

         The bill repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers .



     B. SECTION DIRECTORY:
         Section 1         Repeals s. 564.05, F.S., relating to limitations on the size of individual wine containers.

         Section 2         Provides for an effective date.


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
             None.

         2. Expenditures:
             None.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             None.

         2. Expenditures:
             None.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         The bill will allow the sale of wine in an individual container of any size. This may have a positive fiscal
         impact on businesses that sell wine.

     D. FISCAL COMMENTS:
         None.




10
   S. 564.09, F.S. The exception allows restaurant patrons to leave the premises with "one unsealed bottle of wine for consumption off
the premises," provided certain conditions are met. The wine bottle must be partially consumed with a full course meal, securely
resealed by the licensee or one of its employees, secured in a bag or container, wrapped in a way that shows it was previously opened,
attached to a dated receipt indicating the full course meal, and transported in a locked vehicle glove compartment, locked trunk, or
behind the last upright seat of a motor vehicle that is not equipped with a trunk.
11
   S. 564.05, F.S.
12
   S. 775.083(1)(e), F.S.
13
   Section 775.082(4)(b), F.S.
STORAGE NAME: h6073.RRS.D0CX                                                                                                  PAGE: 3
DATE: 3/4/2021
                                                Ill. COMMENTS

      A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. This bill does not appear to affect county or municipal governments.

        2. Other:
          None.

      B. RULE-MAKING AUTHORITY:
        The bill does not appear to create a need for rulemaking or rulemaking authority.

      C. DRAFTING ISSUES OR OTHER COMMENTS:
        None.


                         IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
NIA




STORAGE NAME: h6073.RRS .D0CX                                                                    PAGE: 4
DATE: 3/4/2021
F       L   O   R     I   D   A   H O U S E             0   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S




            HB 6073
                                                                                                                 2021




    1                                         A bill to be entitled
    2                 An act relating to individual wine containers;
    3                 repealing s. 564.05, F.S., relating to the limitation
    4                 of size of individual wine containers; providing an
    5                 effective date.
    6
    7       Be It Enacted by the Legislature of the State of Florida:
    8
    9                 Section 1.      Section 564.05, Florida Statutes, is repealed.
10                  Section 2.        This act shall take effect July 1, 2021.




                                                          Page 1 of 1

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                                                                                                                hb6073-00


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