Meeting Packet — Regulatory Reform & Economic Development Subcommittee (February 1, 2024)

Summary

A Meeting Packet for the Regulatory Reform & Economic Development Subcommittee of the Florida House of Representatives Commerce Committee, for the meeting on Thursday, February 1, 2024, 11:30 am – 2:30 pm, with Paul Renner as Speaker and Tyler Sirois as Chair. The meeting agenda lists the call to order, roll call, opening remarks and consideration of bills including HB 583, Individual Wine Containers by LaMarca; HB 613, Mobile Home Park Lot Tenancies by Stark; and HB 709, In-store Servicing of Alcoholic Beverages by Rizo. The packet then opens with the House of Representatives staff analysis of HB 583, which states that the bill provides an exception to the limitations on the size of individual wine containers by allowing the sale of wine in a glass container of any size.

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Issuer: Congressional materials
Document type: 2024 02 01 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs
Date: 2024-02-01
Case: 2024 02 01 3236 Regulatory Reform Economic Development Subcommittee Meeting Packets Fn Rrs 2 1 24

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“Meeting Packet — Regulatory Reform & Economic Development Subcommittee (February 1, 2024).” Original at www.flhouse.gov, dated 2024-02-01. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-02-01-2024-02-01-3236-regulatory-reform-economic-development-subcommittee-meeting-packets-fn-rrs-2-1-24/, SHA-256 25f9412969678ef0dc1d763d1643c2fab49d1070ffadd6b09f78e40c191b790f.

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Regulatory Reform & Economic
Development Subcommittee
Thursday, February 1, 2024
11:30 AM - 2:30 PM
Webster Hall (212 Knott)

Meeting Packet

Paul Renner Tyler Sirois
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform & Economic Development Subcommittee
Paul Renner Tyler Sirois
Speaker Chair

Meeting Agenda
Thursday, February 1, 2024
11:30 am – 2:30 pm
Webster Hall (212 Knott)

I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 583 Individual Wine Containers by LaMarca
• HB 613 Mobile Home Park Lot Tenancies by Stark
• HB 709 In-store Servicing of Alcoholic Beverages by Rizo
• HB 741 Town of Hillsboro Beach, Broward County by LaMarca
• HB 813 Certified Public Accountants by Caruso
• HB 909 Pari-mutuel Permitholders by Esposito
• HB 1021 Community Associations by Lopez, V.
• HB 1245 Veterinary Professional Associates by Killebrew
• HB 1327 Charitable Organizations by Persons-Mulicka
• HB 1335 Department of Business and Professional Regulation by Maggard
• HB 1379 Human Trafficking by Amesty
• HB 1419 Department of Commerce by Tuck
• HB 1483 Pinellas County Construction Licensing Board, Pinellas County by Chaney
• HB 1537 Vacation Rentals by Griffitts
• HB 1559 Professional Licensure by McClure
• HB 1579 Occupational Licensing by Mooney
• HB 1647 Local Regulation of Nonconforming and Unsafe Structures by Roach
• HB 1659 Location of Equipment Owned by Amusement Business Owner by Fabricio,
Botana
• HB 7045 OGSR/Department of the Lottery by Ethics, Elections & Open Government
Subcommittee, Porras
V. Closing Remarks
VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 583
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 583 Individual Wine Containers
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Thompson Anstead
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 provides an exception to the limitations on the size of individual wine containers by allowing the sale of
wine in a glass container of any size.

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

The bill provides an effective date of July 1, 2024.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0583.RRS
DATE: 1/30/2024
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 governing limitations of the size of wine containers: 8
• Prohibits the sale of wine in an individual container that holds more than one gallon. However,
allows wine to be sold in a reusable container of 5.16 gallons.
• Authorizes qualified distributors and manufacturers to sell wine to other qualified distributors
and manufacturers in any size container. 9
• Except for restaurants in certain situations, 10 requires wine sold or offered for sale by a licensed
vendor to be consumed off-premises to be in the unopened original container.

1
Section 561.01(6), F.S., provides that the “The Beverage Law” includes 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.
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• Provides that violations are a second-degree misdemeanor, punishable by a maximum $500
fine11 and 60 days in prison. 12

Effect of the Bill

The bill provides an exception to the limitations on the size of individual wine containers by allowing the
sale of wine in a glass container of any size.

The bill provides an effective date of July 1, 2024.

B. SECTION DIRECTORY:

Section 1: Amends s. 564.05, F.S., relating to limitations on the size of individual wine containers.

Section 2: 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:
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.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

10
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. Section 564.09, F.S.
11
S. 775.083(1)(e), F.S.
12
S. 775.082(4)(b), F.S.
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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

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DATE: 1/30/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 583 2024

1 A bill to be entitled
2 An act relating to individual wine containers;
3 amending s. 564.05, F.S.; revising an exception to the
4 maximum allowable capacity for an individual container
5 of wine sold in this state; providing an effective
6 date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 564.05, Florida Statutes, is amended to
11 read:
12 564.05 Limitation of size of individual wine containers;
13 penalty.—It is unlawful for a person to sell within this state
14 wine in an individual container holding more than 1 gallon of
15 such wine, unless such wine is in a glass container of any size
16 or a reusable container holding 5.16 gallons. However, qualified
17 distributors and manufacturers may sell wine to other qualified
18 distributors or manufacturers in any size container. Except as
19 provided in s. 564.09, wine sold or offered for sale by a
20 licensed vendor to be consumed off the premises shall be in the
21 unopened original container. A person convicted of a violation
22 of this section commits a misdemeanor of the second degree,
23 punishable as provided in s. 775.082 or s. 775.083.
24 Section 2. This act shall take effect July 1, 2024.

Page 1 of 1

CODING: Words stricken are deletions; words underlined are additions.
hb0583-00
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 583 by Rep. LaMarca
Individual Wine Containers

AMENDMENT SUMMARY
February 1, 2024

Amendment 1 by Rep. LaMarca (lines 15-16):
• Revises the exception to the limitations on the size of individual wine containers in the
bill that allows a glass container of any size, to instead allow a glass container holding
4.5 liters, 6 liters, 9 liters, 12 liters, or 15 liters.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 583 (2024)
Amendment No. 1

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative LaMarca offered the following:
4
5 Amendment
6 Remove lines 15-16 and insert:
7 such wine, unless such wine is in a reusable container holding
8 5.16 gallons or a glass container holding 4.5 liters, 6 liters,
9 9 liters, 12 liters, or 15 liters. However, qualified

800753 - h0583-line 15.docx
Published On: 1/31/2024 11:20:45 AM
Page 1 of 1
HB 613
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 613 Mobile Home Park Lot Tenancies
SPONSOR(S): Stark
TIED BILLS: IDEN./SIM. BILLS: SB 1140

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

2) Civil Justice Subcommittee

3) State Administration & Technology
Appropriations Subcommittee

4) Commerce Committee

SUMMARY ANALYSIS
Chapter 723, F.S., the “Florida Mobile Home Act,” addresses the unique relationship between a mobile home
owner and a mobile home park owner, and applies to residential tenancies where a mobile home is placed
upon a lot that is rented or leased from a mobile home park that has 10 or more lots offered for rent or lease.
The Division of Condominiums, Timeshares, and Mobile Homes (CTMH) under the Department of Business
and Professional Regulation has the power and duty to enforce and ensure certain compliance with the Florida
Mobile Home Act, which includes running a mediation program and the Florida Mobile Home Relocation
Corporation (corporation).

The bill:
• Gives CTMH jurisdiction to enforce certain provisions related to park maintenance and infrastructure,
homeowner code compliance and maintenance, and certain unreasonable lot rental agreements.
• Provides that the mobile home park owner and home owners may immediately enter into an agreement
to initiate mediation and select their own mediator, as long as the written notice is filed and provided to
CTMH of the intent to initiate.
• Requires CTMH to appoint a qualified mediator to conduct mediation proceedings, if the parties have
not selected their own mediator, and notify the parties within 20 days after receipt of a mediation
petition.
• Provides that if an “aggrieved party” serves a request for mediation and the responding party refuses or
fails to participate in mediation, an “aggrieved party” is permitted to file an action in circuit court if the
majority of the affected home owners have agreed in writing to file such an action.
• Provides that a live-in health care aide must have ingress and egress to and from the mobile home
owner's site without additional rent, fee, or any charge whatsoever, except the cost of a background
check if one is required.
• Provides that the live-in health care aide or the aide's assistant does not have any rights of tenancy in
the mobile home park.
• Increases relocation payments to the mobile home owner from the corporation when the home owner
must move due to a change in use of the land.

The bill does not appear to have a fiscal impact on local government and has an indeterminate, negative
impact on state government.

The bill provides an effective date of July 1, 2024.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0613.RRS
DATE: 1/31/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Department of Business and Professional Regulation

The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
various businesses and professionals in Florida through the following divisions:
• The Division of Administration,
• The Division of Alcoholic Beverages and Tobacco,
• The Division of Certified Public Accounting,
• The Division of Drugs, Devices, and Cosmetics,
• The Division of Florida Condominiums, Timeshares, and Mobile Homes (CTMH),
• The Division of Hotels and Restaurants,
• The Division of Pari-mutuel Wagering,
• The Division of Professions,
• The Division of Real Estate,
• The Division of Regulation,
• The Division of Technology, and
• The Division of Service Operations. 1

CTMH provides consumer protection for Florida residents living in regulated communities through
education, complaint resolution, mediation and arbitration, and developer disclosure. 2 CTMH has
limited regulatory authority over the following business entities and individuals: 3
• 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 (jurisdiction is limited to arbitration of election and recall disputes).

Mobile Home Parks

Chapter 723, F.S., the “Florida Mobile Home Act,” addresses the unique relationship between a mobile
home owner and a mobile home park owner. 4 The provisions in Ch. 723, F.S., apply to residential
tenancies where a mobile home is placed upon a lot that is rented or leased from a mobile home park
that has 10 or more lots offered for rent or lease. 5

CTMH has the power and duty to enforce and ensure compliance with the Florida Mobile Home Act
relating to the rental, development, and sale of mobile home parks. However, CTMH does not have the
power or duty to enforce mobile home park rules and regulations or to enforce certain provisions
related to park maintenance and infrastructure, homeowner code compliance and maintenance, and
certain unreasonable lot rental agreements. 6

CTMH may adopt rules pursuant to ss. 120.536(1) and 120.54, F.S., relating to the requirements in the
Administrative Procedures Act for the adoption of rules by agencies, to implement and enforce the
provisions of ch. 723, F.S, including rules to authorize amendments to an approved prospectus or

1 S. 20.165, F.S.
2 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,

http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/, (last visited Mar. 19, 2021).
3 Id.
4 S. 723.004, F.S.
5 S. 723.002(1), F.S.
6 As outlined in ss. 723.022, 723.023, and 723.033, F.S.
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offering circular and to establish a category of minor violations of ch. 723, F.S., or rules promulgated
pursuant thereto. 7 CTMH may also adopt rules for mediation procedures. 8

Chapter 723.003, F.S., provides the following relevant definitions:
• “Mobile home park” or “park” means a use of land in which lots or spaces are offered for rent or
lease for the placement of mobile homes and in which the primary use of the park is residential. 9
• “Mobile home owner,” “mobile homeowner,” “home owner,” or “homeowner” means a person
who owns a mobile home and rents or leases a lot within a mobile home park for residential
use. 10

Mobile Home Park Rent Increases

The mobile home park owner may increase the rental amount upon the expiration of the assumed
rental agreement “in an amount deemed appropriate by the mobile home park owner.” 11 The park
owner must give affected mobile home owners and the board of directors of the homeowners’
association, if one has been formed, at least a 90-day notice of a lot rental increase. 12

Upon the sale of a mobile home on a rented lot, the amount of a lot rental increase is to be disclosed
and agreed to by the purchaser by executing a rental agreement that sets forth the new lot rental
amount. 13 A lot rental amount may not be increased during the term of a rental agreement. However, if
the rental agreement is for a term of more than 12 months, the lot rental amount may be increased
during the rental term but not more frequently than annually. Pass-through charges 14 may also be
increased during the term of the rental agreement. 15

Lot rental increases may not be arbitrary or discriminatory between similarly situated tenants in the
park, and the lot rental may not increase during the term of the rental agreement. 16 However, the
mobile home park owner may pass on, at any time during the term of the rental agreement, ad valorem
property taxes and utility charges, or increases of either, if the passing on of these costs was disclosed
prior to the tenancy. 17

A park owner must give written notice to each affected mobile home owner and the board of directors of
the homeowners’ association, if one has been formed, at least 90 days before any increase in the lot
rental amount or reduction in services or utilities provided by the park owner or change in rules and
regulations. 18 The notice must identify all other affected homeowners, which may be by lot number,
name, group, or phase. If the affected homeowners are not identified by name, the park owner must
make the names and addresses available upon request. 19

A committee of homeowners and the park owner must meet no later than 60 days before the effective
date of a rent increase to discuss the reasons for the increase. The homeowners’ committee may
consist of no more than five people, who are mobile homeowners in the park and who are designated
by a majority of the owners or by the board of directors of the homeowners’ association if formed as

7 See ss. 723.006(7), (8), (9), and (10), F.S.
8 S. 723.038, F.S.
9 S. 723.003(12), F.S.
10 S. 723.003(11), F.S.
11 S. 723.059(4), F.S.
12 S. 723.037(1), F.S.
13 S. 723.031(5), F.S.
14 S. 723.003(17), F.S, defines the term “pass-through charge” to mean “the mobile home owner's proportionate share of

the necessary and actual direct costs and impact or hookup fees for a governmentally mandated capital improvement,
which may include the necessary and actual direct costs and impact or hookup fees incurred for capital improvements
required for public or private regulated utilities.”
15 S. 723.031(5)(b), F.S.
16 S. 723.031(5), F.S.
17 S. 723.031(5)(c), F.S.
18 S. 723.037(1), F.S.
19 Id.
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provided under s. 723.075, F.S. 20 At the meeting, the park owner or subdivision developer must in good
faith disclose and explain all material factors resulting in the decision to increase the lot rental amount,
reduce services or utilities, or change rules and regulations, including how those factors justify the
specific change proposed. 21

Dispute Resolution

If the meeting regarding a rent increase does not resolve the issue, then additional meetings may be
requested. Section 723.037(4), F.S. provides that, if subsequent meetings are unsuccessful, within 30
days of the last scheduled meeting, the mobile home owners may petition CTMH to initiate mediation if
a majority of the affected have designated, in writing, that: 22
• The rental increase is unreasonable;
• The rental increase has made the lot rental amount unreasonable;
• The decrease in services or utilities is not accompanied by a corresponding decrease in rent or
is otherwise unreasonable; or
• The change in the rules and regulations is unreasonable.

Within 30 days of the last scheduled meeting, a park owner may also petition CTMH for mediation of
the dispute. 23

If the mediation does not successfully resolve the dispute, then the parties may file an action in circuit
court to challenge the rental increase. 24 The court may refer the action to nonbinding arbitration
pursuant to s. 44.103, F.S.

Section 723.038, F.S., provides that, upon receipt of the petition from either party, CTMH must appoint
a qualified mediator to conduct mediation proceedings unless the parties timely notify CTMH in writing
that they have selected a mediator.

The person appointed by CTMH to serve as mediator must be a qualified mediator from a list of circuit
court mediators in each judicial circuit and who has met training and educational requirements
established by the Supreme Court. If such mediators are not available, CTMH may select a mediator
from the list maintained by the Florida Growth Management Conflict Resolution Consortium. 25

Within 20 days of receiving a petition to mediate a dispute, CTMH must notify the parties that a
mediator has been appointed by FTMH. The parties may accept the mediator appointed by CTMH or,
within 30 days, select a mediator to mediate the dispute. 26

The parties may agree to select their own mediator to be governed by the rules of procedure
established by CTMH. The parties may agree to waive mediation, or the petitioning party may withdraw
the petition prior to mediation. Upon the conclusion of the mediation, the mediator must notify CTMH
that the mediation has been concluded. 27

The resolution of a dispute arising from a mediation may not be deemed to be final agency action.
However, either party may initiate an action in the circuit court to enforce a resolution or agreement
arising from a mediation proceeding which has been reduced to writing. The circuit court must consider

20 S. 723.037(4)(a), F.S.
21 S. 723.037(4)(b), F.S.
22 S. 723.037(5)(a), F.S.
23 S. 723.037(5)(b), F.S.
24 Ss. 723.038 and 723.0381, F.S.
25 S. 1004.59, F.S., establishes the Florida Conflict Resolution Consortium at Florida State University “to reduce the public

and private costs of litigation; resolve public disputes, including those related to growth management issues, more quickly
and effectively; and improve intergovernmental communications, cooperation, and consensus building.” See Florida
Conflict Resolution Consortium at https://consensus.fsu.edu/index.html (last visited Jan. 23, 2024).
26 S. 723.038(4), F.S.
27 S. 723.038(5), F.S.
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such resolution or agreement made during the mediation to be a contract for the purpose of providing a
remedy to the complaining party. 28

If mediation does not resolve the dispute, either party may file an action in the circuit court. 29

Mobile Home Relocation

In 2001, the Legislature created the Florida Mobile Home Relocation Corporation (corporation) in s.
723.0611, F.S., to provide for the collection and payment of relocation expenses for mobile home
owners displaced by a change in land use for a mobile home park. 30 Specifically, s. 723.0612, F.S.,
provides for relocation expenses to be paid from the corporation to the mobile home owner from the
Florida Mobile Home Relocation Trust Fund (fund). 31

The amount of the payment is the actual moving expenses of relocating the mobile home to a new
location within a 50-mile radius of the vacated park, or $3,000 for a single-section mobile home or
$6,000 for a multi-section mobile home, whichever is less. 32

In lieu of collecting moving expenses from the corporation, a mobile home owner may elect to abandon
the home and collect payment from the corporation in the amount of $1,375 for a single section mobile
home and $2,750 for a multi-section mobile home. 33 Upon election of abandonment, the mobile home
owner must deliver to the park owner an endorsed title with a valid release of all liens on the title to the
mobile home. 34 The mobile home park owner is required to pay the corporation an amount equal to the
amount the mobile home owner is entitled to receive from the corporation. 35

The mobile home park owner is required to pay the corporation an amount equal to the amount the
mobile home owner is entitled to receive from the corporation. 36

The mobile home park owner is not required to make the payments, nor is the mobile home owner
entitled to compensation, if: 37
• The mobile home owner is moved to another space in the park or to another mobile home park
at the park owner’s expense;
• The mobile home owner notified the mobile home park owner, before the notice of a change in
land use, that he or she was vacating the premises;
• A mobile home owner abandons the home in the park; or
• The mobile home owner had an eviction action for nonpayment of lot rental amount filed against
him or her prior to the mailing date of the change in the use of land.

The Mobile Home Relocation Trust Fund has a current balance of $5,671,376.86: Payouts from the
fund for the past five fiscal years are as follows: 38
FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23
Total Paid Out $68,250 $141,500 $9,875 $4,125 $29,125
Number of Payouts 30 61 4 2 16

28 S. 723.038(6), F.S.
29 S. 723.0381(1), F.S.
30 Ch. 2001-227, L.O.F.
31 Ss. 723.007(2), 723.0612(2) and (7), F.S.
32 S. 723.0612(1), F.S.
33 S. 723.0612(7), F.S.
34 Id.
35 S. 723.0612(7), F.S.
36 S. 723.0612(7), F.S.
37 Ss. 723.0612(2) and (7), F.S.
38 Email from Chris Kingry, Deputy Legislative Affairs Director, DBPR, RE: Florida Mobile Home Relocation Trust Fund

(Jan. 30, 2024),
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DATE: 1/31/2024
Invitees

An invitee 39 of a mobile home owner may enter or leave the home owner's site without the home owner
or invitee being required to pay additional rent, a fee, or any charge whatsoever. Any mobile home park
rule or regulation is null and void if it provides fees or charges to the contrary to this right of access. 40

All guests, family members, or invitees of a mobile home owner are required to abide by properly
promulgated rules and regulations.

Section 723.051(3), F.S., provides that an “invitee” is a person whose stay at the request of a mobile
home owner does not exceed 15 consecutive days or 30 total days per year, unless such person has
the permission of the park owner or unless permitted by a properly promulgated rule or regulation. The
spouse of a mobile home owner shall not be considered an invitee.

Live-in Aides

The Fair Housing Act requires owners and landlords to make reasonable accommodations if the
accommodation may be necessary to ensure that a person with a disability has equal opportunity to
use and enjoy the dwelling. An example of a reasonable accommodation is not counting a live-in aide
as an additional tenant or guest. 41

A reasonable accommodation is a change, exception, adaptation or modification to a policy, program or
service that allows a person with a disability to use and enjoy a dwelling. The term also applies to public
and common use spaces.

In general, a live-in aide is a person who resides with one or more elderly persons, near-elderly
persons, or persons with disabilities, and who: 42
• Is determined to be essential to the care and well-being of the persons;
• Is not obligated for the support of the persons; and
• Would not be living in the unit except to provide the necessary supportive services.

Effect of the Bill

The bill gives CTMH jurisdiction to enforce certain provisions related to park maintenance and
infrastructure, homeowner code compliance and maintenance, and certain unreasonable lot rental
agreements in ss. 723.022, 723.023, and 723.033, F.S.

The bill provides that the mobile home park owner and home owners may immediately enter into an
agreement to initiate mediation and select their own mediator, as long as a written notice of the intent to
initiate mediation of the dispute has been filed with CTMH.

The bill provides that a mediator selected by the parties:
• Must be a qualified mediator selected from the list of circuit court mediators in each judicial
circuit or the list maintained by the Florida Growth Management Conflict Resolution Consortium.
• Has judicial immunity in the same manner and to the same extent as a judge.

The bill requires CTMH to appoint a qualified mediator to conduct mediation proceedings and notify the
parties within 20 days after receipt of a petition, if the parties have not selected their own mediator.

39 Black's Law Dictionary (11th ed. 2019) defines the term “invitee” to mean “someone who has an express or implied

invitation to enter or use another's premises, such as a business visitor or a member of the public to whom the premises
are held open. The occupier has a duty to inspect the premises and to warn the invitee of dangerous conditions.”
40 S. 723.051(1), F.S.
41 Disability Rights Florida, Fair Housing Act, https://disabilityrightsflorida.org/disability-

topics/disability_topic_info/fair_housing_act (last visited Jan. 30, 2024).
42 For example, see 24 C.F.R § 5.403

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The bill provides that if an “aggrieved party” serves a request for mediation and the responding party
refuses or fails to participate in mediation, an “aggrieved party” is permitted to file an action in circuit
court after the majority of the affected home owners have agreed in writing to file an action. The term
“aggrieved party” is not defined in the bill.

Related to live-in aides and their assistants, the bill provides that:
• A live-in health care aide or the aide's assistant, as provided for in the federal Fair Housing Act,
must have ingress and egress to and from the mobile home owner's site without the mobile
home owner, live-in health care aide, aide's assistant, or invitee being required to pay additional
rent, a fee, or any charge whatsoever, except that the mobile home owner must pay the cost of
a background check for the live-in health care aide or the aide's assistant if one is required.
• The live-in health care aide or the aide's assistant does not have any rights of tenancy in the
mobile home park.
• The mobile home owner must provide the name of the live-in health care aide or the aide's
assistant to the park owner or park manager and the information required to conduct the
background check if one is required.
• The mobile home owner is responsible for removing the live-in health care aide or the aide's
assistant and covering the costs associated with such removal.

The bill clarifies the purpose of the corporation is to address voluntary closures of mobile home parks
due to a change in the use of the land.

The bill increases the relocation payments to the mobile home owner from the corporation:
• If a mobile home owner is required to move due to a change in use of the land, when the fixed
payments are less than the actual moving expenses, to:
o $6,500 for a single-section mobile home, from $3,000.
o $11,500 for a multisection mobile home, from $6,000.
• If a mobile home owner abandons the mobile home in the mobile home park, to:
o $5,000 for a single section, from $1,375.
o $7,000 for a multisection, from $2,750.

The bill allows the moving contractor who moves a mobile homeowner related to relocation to redeem
the voucher from the corporation for up to 2 years after the date of issuance.

The bill limits what a park owner must pay to a mobile home owner who chooses abandonment, to
$1,375 for a single section, and $2,750 for a multisection, instead of requiring the park owner to match
the payment made by the corporation.

The bill requires CTMH to adopt rules to enforce the bill.

B. SECTION DIRECTORY:
Section 1: Amends s. 723.005, F.S.; relating to applicability.
Section 2: Amends s. 723.037, F.S.; relating to options for mediation.
Section 3: Amends s. 723.038, F.S.; providing requirements and procedures for mediation.
Section 4: Amends s. 723.0381, F.S.; limiting when certain actions may be filed in circuit court.
Section 5: Amends s. 723.051, F.S.; relating to live-in health aides.
Section 6: Amends s. 723.0611, F.S.; providing a purpose for the Florida Mobile Home Relocation
Corporation.
Section 7: Amends s. 723.0612, F.S.; increasing available payouts amount from the Florida Mobile
Home Relocation Corporation.
Section 8: Requires CTMH to adopt rules.
Section 9: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:
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1. Revenues:
None.

2. Expenditures:
The bill will increase expenditures by CTMH for enforcement due to increasing the jurisdiction
CTMH has related to mobile home parks.

The bill will likely increase expenditures from the fund as certain payments have increased.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow more mobile home owners to have a live-in aide without an additional charge.

D. FISCAL COMMENTS:
The Mobile Home Relocation Trust Fund has a current balance of $5,671,376.86. An accounting of the
fund is as follows: 43

Revenue to the fund for the past five fiscal years:
FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23
Park Owner Fees $54,638 $134,581 $26,625 $2,750 $16,500
DHSMV Surcharge $438,631 $378,405 $406,433 $412,814 $401,807
CTMH Surcharge $282,885 $283,353 $282,390 $294,231 $282,455
Interest $74,630 $115,712 $67,082 $33,827 $78,673
Total Revenue $850,784 $912,051 $782,530 $743,622 $779,435

Expenditures from the fund for the past five fiscal years:
FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23
Transferred to $338,450 $422,000 $357,086 $284,573 $241,592
corporation
Service Charge to $65,960 $74,671 $64,334 $56,773 $61,901
General Revenue
Interest $3,598 $4,241 $4,655 $4,770 $5,358
Assessment
Total Expenditures $408,008 $500,912 $426,075 $346,116 $308,788

Payouts from the fund for the past five fiscal years:
FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23
Total Paid Out $68,250 $141,500 $9,875 $4,125 $29,125
Number of Payouts 30 61 4 2 16

III. COMMENTS

43 Email from Chris Kingry, Deputy Legislative Affairs Director, DBPR, RE: Florida Mobile Home Relocation Trust Fund

(Jan. 30, 2024),
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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:
The bill requires CTMH to adopt rules to enforce the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill is unclear if the mobile home park owners and home owners may initiate mediation
proceedings before the last scheduled meeting of the lot rent increase committee under s. 723.037(4),
or if they have to wait for such meetings to conclude.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 613 2024

1 A bill to be entitled
2 An act relating to mobile home park lot tenancies;
3 amending s. 723.005, F.S.; revising the powers and
4 duties of the Division of Florida Condominiums,
5 Timeshares, and Mobile Homes of the Department of
6 Business and Professional Regulation; amending s.
7 723.037, F.S.; authorizing a mobile home park owner,
8 or his or her representative, and the mobile home
9 owners to immediately agree to select a mediator afte r
10 filing a written notice with the division; amending s.
11 723.038, F.S.; authorizing the parties to a dispute to
12 immediately agree to select a mediator and initiate
13 mediation proceedings after filing a written notice
14 with the division; requiring the division to appoint a
15 qualified mediator and notify the parties within a
16 specified timeframe; conforming a provision to changes
17 made by the act; amending s. 723.0381, F.S.;
18 authorizing either party to a dispute to file an
19 action in the circuit court under certain
20 circumstances; amending s. 723.051, F.S.; providing
21 that a live-in health care aide, or his or her
22 assistant, must have ingress and egress to and from a
23 mobile home owner's site without such owner, aide, or
24 assistant being required to pay additional rent, a
25 fee, or any charge; requiring a mobile home owner to

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26 pay for a background check for the live-in health care
27 aide or his or her assistant if required; specifying
28 that a live-in health care aide or his or her
29 assistant does not have any rights of tenancy in the
30 mobile home park; requiring a mobile home owner to
31 provide certain information to the park owner or park
32 manager; requiring the mobile home owner to remove the
33 live-in health care aide or his or her assistant and
34 cover certain costs associated with such removal if
35 necessary; amending s. 723.0611, F.S.; providing the
36 purpose of the Florida Mobile Home Relocation
37 Corporation; amending s. 723.0612, F.S.; revising the
38 amounts of certain expenses that the corporation is
39 required to pay the mobile home owner under certain
40 circumstances; providing that certain vouchers are
41 redeemable for a specified time period; specifying the
42 amounts that a park owner must pay the corporation
43 under certain circumstances; requiring the division to
44 adopt rules; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Section 723.005, Florida Statutes, is amended
49 to read:
50 723.005 Regulation by division.—The division has the power

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51 and duty to enforce and ensure compliance with each section the
52 provisions of this chapter and the rules adopted promulgated
53 pursuant hereto relating to the rental, development, and sale of
54 mobile home parks. However, the division does not have the power
55 or duty to enforce mobile home park rules and regulations or to
56 enforce the provisions of ss. 723.022, 723.023, and 723.033.
57 Section 2. Paragraphs (c) and (d) of subsection (5) of
58 section 723.037, Florida Statutes, are redesignated as
59 paragraphs (d) and (e), respectively, paragraph (b) of that
60 subsection is amended, and a new paragraph (c) is added to that
61 subsection, to read:
62 723.037 Lot rental increases; reduction in services or
63 utilities; change in rules and regulations; mediation.—
64 (5)
65 (b) A park owner, within the same time period, may also
66 petition the division to initiate mediation of the dispute
67 pursuant to s. 723.038.
68 (c) As an alternative, after filing a written notice with
69 the division of the intent to initiate mediation of the dispute,
70 the park owner, or his or her representative, and the mobile
71 home owners may immediately agree to select a mediator pursuant
72 to s. 723.038(2) and (4).
73
74 The purpose of this subsection is to encourage discussion and
75 evaluation by the parties of the comparable mobile home parks in

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76 the competitive market area. The requirements of this subsection
77 are not intended to be enforced by civil or administrative
78 action. Rather, the meetings and discussions are intended to be
79 in the nature of settlement discussions before prior to the
80 parties proceed proceeding to litigation of any dispute.
81 Section 3. Subsections (1), (2), (4), and (9) of section
82 723.038, Florida Statutes, are amended to read:
83 723.038 Dispute settlement; mediation.—
84 (1) Either party may petition the division to appoint a
85 mediator and initiate mediation proceedings or, after filing a
86 written notice with the division, the parties may immediately
87 agree to select a mediator and initiate mediation proceedings
88 pursuant to subsections (2) and (4).
89 (2) Within 20 days after receipt of a petition, the
90 division upon petition shall appoint a qualified mediator to
91 conduct mediation proceedings and notify the parties, unless the
92 parties timely notify the division in writing that they have
93 selected a mediator. A person appointed by the division or
94 selected by the parties must shall be a qualified mediator from
95 a list of circuit court mediators in each judicial circuit who
96 has met training and educational requirements established by the
97 Supreme Court. If such mediators are not available, the division
98 or the parties may select a mediator from the list maintained by
99 the Florida Growth Management Conflict Resolution Consortium.
100 The division shall adopt promulgate rules of procedure to govern

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101 such proceedings in accordance with the rules of practice and
102 procedure adopted by the Supreme Court. The division shall also
103 establish, by rule, the fee to be charged by a mediator which
104 shall not exceed the fee authorized by the circuit court.
105 (4) After the last scheduled meeting under s. 723.037(4)
106 and filing a written notice with the division, the parties to a
107 dispute may immediately agree to select a mediator and initiate
108 mediation proceedings pursuant to this section Upon receiving a
109 petition to mediate a dispute, the division shall, within 20
110 days, notify the parties that a mediator has been appointed by
111 the division. The parties may accept the mediator appointed by
112 the division or, within 30 days, select a mediator to mediate
113 the dispute in accordance with subsection (2). The parties shall
114 each pay a $250 filing fee to the mediator appointed by the
115 division or selected by the parties, within 30 days after the
116 division notifies the parties of the appointment of the
117 mediator. The $250 filing fee shall be used by the mediator to
118 defray the hourly rate charged for mediation of the dispute. Any
119 portion of the filing fee not used shall be refunded to the
120 parties.
121 (9) A mediator selected or appointed pursuant to this
122 section has shall have judicial immunity in the same manner and
123 to the same extent as a judge.
124 Section 4. Subsection (1) of section 723.0381, Florida
125 Statutes, is amended to read:

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126 723.0381 Civil actions; arbitration.—
127 (1) If an aggrieved party serves a request for mediation
128 and the responding party refuses or fails to participate in
129 mediation, or if after mediation of a dispute pursuant to s.
130 723.038 has failed to provide a resolution of the dispute,
131 either party may file an action in the circuit court if a
132 majority of the affected mobile home owners have agreed to file
133 an action in writing.
134 Section 5. Subsection (1) of section 723.051, Florida
135 Statutes, is amended to read:
136 723.051 Invitees and live-in health care aides; rights and
137 obligations.—
138 (1) An invitee of a mobile home owner, or a live-in health
139 care aide or the aide's assistant as provided for in the federal
140 Fair Housing Act, must shall have ingress and egress to and from
141 the mobile home owner's site without the mobile home owner,
142 live-in health care aide, aide's assistant, or invitee being
143 required to pay additional rent, a fee, or any charge
144 whatsoever, except that the mobile home owner must pay the cost
145 of a background check for the live-in health care aide or the
146 aide's assistant if one is required. Any mobile home park rule
147 or regulation providing for fees or charges contrary to the
148 terms of this section is null and void. The live-in health care
149 aide or the aide's assistant does not have any rights of tenancy
150 in the mobile home park and the mobile home owner must provide

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151 the name of the live-in health care aide or the aide's assistant
152 to the park owner or park manager and the information required
153 to conduct the background check if one is required. If
154 necessary, the mobile home owner is responsible for removing the
155 live-in health care aide or the aide's assistant and covering
156 the costs associated with such removal.
157 Section 6. Paragraph (a) of subsection (1) of section
158 723.0611, Florida Statutes, is amended to read:
159 723.0611 Florida Mobile Home Relocation Corporation. —
160 (1)(a) There is created the Florida Mobile Home Relocation
161 Corporation to address voluntary closures of mobile home parks
162 due to a change in the use of the land. The corporation shall be
163 administered by a board of directors made up of six members,
164 three of whom shall be appointed by the Secretary of Business
165 and Professional Regulation from a list of nominees submitted by
166 the largest nonprofit association representing mobile home
167 owners in this state, and three of whom shall be appointed by
168 the Secretary of Business and Professional Regulation from a
169 list of nominees submitted by the largest nonprofit association
170 representing the manufactured housing industry in this state.
171 All members of the board of directors, including the chair,
172 shall be appointed to serve for staggered 3-year terms.
173 Section 7. Paragraph (b) of subsection (1) and subsections
174 (4) and (7) of section 723.0612, Florida Statutes, are amended
175 to read:

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176 723.0612 Change in use; relocation expenses; payments by
177 park owner.—
178 (1) If a mobile home owner is required to move due to a
179 change in use of the land comprising the mobile home park as set
180 forth in s. 723.061(1)(d) and complies with the requirements of
181 this section, the mobile home owner is entitled to payment from
182 the Florida Mobile Home Relocation Corporation of:
183 (b) The amount of $6,500 $3,000 for a single-section
184 mobile home or $11,500 $6,000 for a multisection mobile home,
185 whichever is less. Moving expenses include the cost of taking
186 down, moving, and setting up the mobile home in a new location.
187 (4) The Florida Mobile Home Relocation Corporation must
188 approve payment within 45 days after receipt of the information
189 set forth in subsection (3), or payment is deemed approved. A
190 copy of the approval must be forwarded to the park owner with an
191 invoice for payment. Upon approval, the corporation shall issue
192 a voucher in the amount of the contract price for relocating the
193 mobile home. The moving contractor may redeem the voucher from
194 the corporation following completion of the relocation and upon
195 approval of the relocation by the mobile home owner for up to 2
196 years after the date of issuance.
197 (7) In lieu of collecting payment from the Florida Mobile
198 Home Relocation Corporation as set forth in subsection (1), a
199 mobile home owner may abandon the mobile home in the mobile home
200 park and collect $5,000 $1,375 for a single section and $7,000

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201 $2,750 for a multisection from the corporation as long as the
202 mobile home owner delivers to the park owner the current title
203 to the mobile home duly endorsed by the owner of record and
204 valid releases of all liens shown on the title. If a mobile home
205 owner chooses this option, the park owner must shall make
206 payment to the corporation of $1,375 for a single section and
207 $2,750 for a multisection in an amount equal to the amount the
208 mobile home owner is entitled to under this subsection. The
209 mobile home owner's application for funds under this subsection
210 requires shall require the submission of a document signed by
211 the park owner stating that the home has been abandoned under
212 this subsection and that the park owner agrees to make payment
213 to the corporation in the amount provided to the home owner
214 under this subsection. However, in the event that the required
215 documents are not submitted with the application, the
216 corporation may consider the facts and circumstances surrounding
217 the abandonment of the home to determine whether the mobile home
218 owner is entitled to payment pursuant to this subsection. The
219 mobile home owner is not entitled to any compensation under this
220 subsection if there is a pending eviction action for nonpayment
221 of lot rental amount pursuant to s. 723.061(1)(a) which was
222 filed against him or her before prior to the mailing date of the
223 notice of change in the use of the mobile home park given
224 pursuant to s. 723.061(1)(d).
225 Section 8. The Division of Florida Condominiums,

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226 Timeshares, and Mobile Homes of the Department of Business and
227 Professional Regulation shall adopt rules to carry out the
228 requirements of this act.
229 Section 9. This act shall take effect July 1, 2024.

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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 613 by Rep. Stark
Mobile Home Park Lot Tenancies

AMENDMENT SUMMARY
February 1, 2024

Amendment 1 by Rep. Stark (strike-all):
• Removes provisions giving DBPR jurisdiction over certain park and owner maintenance
and certain unreasonable lot rental agreements.
• Clarifies that, for the DBPR mediation program for mobile home parks:
o An agreement between the park owners and the home owners to immediately
select a mediator and initiate mediation proceedings must come after the last
scheduled meeting of the park committee to solve the dispute.
o All dispute petitions must be filed with DBPR to make sure they conform to
DBPR-requirements for such petitions.
o A civil action may not be filed until the dispute has been through mediation.
• Allows a park owner to submit objections to a petition within 10 days if it being filed with
DBPR.
• Requires DBPR:
o After receiving objections to a petition from a park owner, to appoint a mediator
within 10 days after receiving a petition from a park owner, if one has not been
selected by the parties.
o To assign a mediator upon receipt of a petition, if one has not already been
selected by the parties.
o Notify the parties within 20 days after appointing a mediator.
• Provides requirements for what information and documents must be in a petition
submitted to DBPR.
• Allows DBPR to dismiss a deficient petition.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 613 (2024)
Amendment No.

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Stark offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Present paragraphs (b), (c), and (d) of
8 subsection (5) of section 723.037, Florida Statutes, are
9 redesignated as paragraphs (c), (e), and (f), respectively, new
10 paragraphs (b) and (d) and paragraphs (g) and (h) are added to
11 that subsection, and present paragraph (b) of that subsection is
12 amended, to read:
13 723.037 Lot rental increases; reduction in services or
14 utilities; change in rules and regulations; mediation.—
15 (5)
16 (b) A petition for mediation must be filed with the
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Amendment No.

17 division in all cases for a determination of adequacy and
18 conformance of the petition with the requirements of paragraph
19 (a). Upon filing the petition with the division, the mobile home
20 owners must provide to the park owner, by certified mail, return
21 receipt requested, a copy of the following:
22 1. The homeowners’ petition for mediation on a form adopted
23 by rule of the division;
24 2. The written designation required by this subsection,
25 which must include lot identification for each signature;
26 3. The notice or notices of lot rental increase, reduction
27 in services or utilities, or change in rules and regulations
28 that is being challenged as unreasonable; and
29 4. The records that verify the selection of the homeowners’
30 committee in accordance with subsection (4).
31 (c)(b) A park owner, within the same time period, may also
32 petition the division to initiate mediation of the dispute
33 pursuant to s. 723.038.
34 (d) As an alternative to the appointment of a mediator by
35 the division, the park owner and the mobile home owners may, by
36 mutual agreement, select a mediator pursuant to s. 723.038(2)
37 and (4).
38 (g) The division shall dismiss a petition for mediation in
39 the event that the park owner and mobile home owners fail to
40 comply with this section.
41 (h) Within 10 days after receipt of the petition from the
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42 homeowners, the park owner may file objections to the petition
43 with the division. The division shall dismiss any petition that
44 is not timely filed, that does not meet the requirements of this
45 subsection, or that is otherwise found deficient by the
46 division. If a mediator has not been selected pursuant to
47 paragraph (d), the division must assign a mediator within 10
48 days after receipt of the petition by the park owner.
49
50 The purpose of this subsection is to encourage discussion and
51 evaluation by the parties of the comparable mobile home parks in
52 the competitive market area. The requirements of this subsection
53 are not intended to be enforced by civil or administrative
54 action. Rather, the meetings and discussions are intended to be
55 in the nature of settlement discussions prior to the parties
56 proceeding to litigation of any dispute.
57 Section 2. Subsections (1), (2), (4), and (9) of section
58 723.038, Florida Statutes, are amended to read:
59 723.038 Dispute settlement; mediation.—
60 (1) Either party may petition the division to appoint a
61 mediator and initiate mediation proceedings, or the parties may
62 agree to immediately select a mediator and initiate mediation
63 proceedings pursuant to the criteria outlined in subsections (2)
64 and (4).
65 (2) The division, upon receipt of a petition, shall appoint
66 a qualified mediator to conduct mediation proceedings and notify
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Amendment No.

67 the parties within 20 days after such appointment, unless the
68 parties timely notify the division in writing that they have
69 selected a mediator. A person appointed by the division or
70 selected by the parties must shall be a qualified mediator from
71 a list of circuit court mediators in each judicial circuit who
72 has met training and educational requirements established by the
73 Supreme Court. If such mediators are not available, the division
74 or the parties may select a mediator from the list maintained by
75 the Florida Growth Management Conflict Resolution Consortium.
76 The division shall promulgate rules of procedure to govern such
77 proceedings in accordance with the rules of practice and
78 procedure adopted by the Supreme Court. The division shall also
79 establish, by rule, the fee to be charged by a mediator which
80 shall not exceed the fee authorized by the circuit court.
81 (4) Following the date of the last scheduled meeting held
82 pursuant to s. 723.037(4), the parties to a dispute may agree
83 immediately to select a mediator and initiate mediation
84 proceedings pursuant to this section Upon receiving a petition
85 to mediate a dispute, the division shall, within 20 days, notify
86 the parties that a mediator has been appointed by the division.
87 The parties may accept the mediator appointed by the division
88 or, within 30 days, select a mediator to mediate the dispute
89 pursuant to subsection (2). The parties shall each pay a $250
90 filing fee to the mediator appointed by the division or selected
91 by the parties, within 30 days after the division notifies the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 613 (2024)
Amendment No.

92 parties of the appointment of the mediator. The $250 filing fee
93 shall be used by the mediator to defray the hourly rate charged
94 for mediation of the dispute. Any portion of the filing fee not
95 used shall be refunded to the parties.
96 (9) A mediator appointed by the division or selected by the
97 parties pursuant to this section shall have judicial immunity in
98 the same manner and to the same extent as a judge.
99 Section 3. Subsection (1) of section 723.0381, Florida
100 Statutes, is amended to read:
101 723.0381 Civil actions; arbitration.—
102 (1) A civil action may not be initiated unless the dispute
103 has been submitted to mediation pursuant to s. 723.037(5). After
104 mediation of a dispute pursuant to s. 723.038 has failed to
105 provide a resolution of the dispute, either party may file an
106 action in the circuit court.
107 Section 4. Subsection (1) of section 723.051, Florida
108 Statutes, is amended to read:
109 723.051 Invitees; rights and obligations.—
110 (1) An invitee of a mobile home owner, or a live-in health
111 care aide as provided for in the Federal Fair Housing Act, must
112 shall have ingress and egress to and from the mobile home
113 owner’s site without the mobile home owner, or invitee, or live-
114 in health care aide being required to pay additional rent, a
115 fee, or any charge whatsoever, except that the mobile home owner
116 must pay the cost of a background check for the live-in health
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 613 (2024)
Amendment No.

117 care aide if one is required. Any mobile home park rule or
118 regulation providing for fees or charges contrary to the terms
119 of this section is null and void. The live-in health care aide
120 does not have any rights of tenancy in the park, and the mobile
121 home owner must notify the park owner or park manager of the
122 name of the live-in health care aide and provide the information
123 required to have the background check, if one is necessary. The
124 mobile home owner has the responsibility to remove the live-in
125 health care aide should it become necessary and to cover the
126 costs associated with the removal.
127 Section 5. Paragraph (a) of subsection (1) of section
128 723.0611, Florida Statutes, is amended to read:
129 723.0611 Florida Mobile Home Relocation Corporation.—
130 (1)(a) There is created the Florida Mobile Home Relocation
131 Corporation. The purpose of the corporation is to address the
132 voluntary closure of mobile home parks due to a change in use of
133 the land. The corporation shall be administered by a board of
134 directors made up of six members, three of whom shall be
135 appointed by the Secretary of Business and Professional
136 Regulation from a list of nominees submitted by the largest
137 nonprofit association representing mobile home owners in this
138 state, and three of whom shall be appointed by the Secretary of
139 Business and Professional Regulation from a list of nominees
140 submitted by the largest nonprofit association representing the
141 manufactured housing industry in this state. All members of the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 613 (2024)
Amendment No.

142 board of directors, including the chair, shall be appointed to
143 serve for staggered 3-year terms.
144 Section 6. Subsections (1), (4), and (7) of section
145 723.0612, Florida Statutes, are amended to read:
146 723.0612 Change in use; relocation expenses; payments by
147 park owner.—
148 (1) If a mobile home owner is required to move due to a
149 change in use of the land comprising the mobile home park as set
150 forth in s. 723.061(1)(d) and complies with the requirements of
151 this section, the mobile home owner is entitled to payment from
152 the Florida Mobile Home Relocation Corporation of:
153 (a) The amount of actual moving expenses of relocating the
154 mobile home to a new location within a 50-mile radius of the
155 vacated park, or
156 (b) The amount of $6,500 $3,000 for a single-section mobile
157 home or $11,500 $6,000 for a multisection mobile home, whichever
158 is less. Moving expenses include the cost of taking down,
159 moving, and setting up the mobile home in a new location.
160 (4) The Florida Mobile Home Relocation Corporation must
161 approve payment within 45 days after receipt of the information
162 set forth in subsection (3), or payment is deemed approved. A
163 copy of the approval must be forwarded to the park owner with an
164 invoice for payment. Upon approval, the corporation shall issue
165 a voucher in the amount of the contract price for relocating the
166 mobile home. The moving contractor may redeem the voucher from
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 613 (2024)
Amendment No.

167 the corporation following completion of the relocation and upon
168 approval of the relocation by the mobile home owner for up to 2
169 years after the date of issuance.
170 (7) In lieu of collecting payment from the Florida Mobile
171 Home Relocation Corporation as set forth in subsection (1), a
172 mobile home owner may abandon the mobile home in the mobile home
173 park and collect $3,000 $1,375 for a single section and $5,000
174 $2,750 for a multisection from the corporation as long as the
175 mobile home owner delivers to the park owner the current title
176 to the mobile home duly endorsed by the owner of record and
177 valid releases of all liens shown on the title. If a mobile home
178 owner chooses this option, the park owner must shall make
179 payment to the corporation of $1,375 for a single section and
180 $2,750 for a multisection in an amount equal to the amount the
181 mobile home owner is entitled to under this subsection. The
182 mobile home owner’s application for funds under this subsection
183 requires shall require the submission of a document signed by
184 the park owner stating that the home has been abandoned under
185 this subsection and that the park owner agrees to make payment
186 to the corporation in the amount provided to the home owner
187 under this subsection. However, in the event that the required
188 documents are not submitted with the application, the
189 corporation may consider the facts and circumstances surrounding
190 the abandonment of the home to determine whether the mobile home
191 owner is entitled to payment pursuant to this subsection. The
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 613 (2024)
Amendment No.

192 mobile home owner is not entitled to any compensation under this
193 subsection if there is a pending eviction action for nonpayment
194 of lot rental amount pursuant to s. 723.061(1)(a) which was
195 filed against him or her prior to the mailing date of the notice
196 of change in the use of the mobile home park given pursuant to
197 s. 723.061(1)(d).
198 Section 7. The division shall adopt rules to implement and
199 administer this act.
200 Section 8. This act shall take effect July 1, 2024.
201
202 -----------------------------------------------------
203 T I T L E A M E N D M E N T
204 Remove everything before the enacting clause and insert:
205 An act relating to mobile home park lot tenancies; amending s.
206 720.037, F.S.; requiring that a petition for mediation be filed
207 with the Division of Florida Condominiums, Timeshares, and
208 Mobile Homes of the Department of Business and Professional
209 Regulation to determine the adequacy and conformance of the
210 homeowners’ petition to initiate mediation; requiring mobile
211 home owners to provide specified documents to the park owner in
212 a specified manner; authorizing the park owner and mobile home
213 owners, by mutual agreement, to select a mediator pursuant to
214 specified provisions; requiring the division to dismiss a
215 petition for mediation under certain circumstances; authorizing
216 the park owner to file objections to the petition for mediation
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 613 (2024)
Amendment No.

217 within a specified timeframe; requiring the division to assign a
218 mediator in certain circumstances within a specified timeframe;
219 amending s. 723.038, F.S.; authorizing parties to disputes to
220 jointly select a mediator and initiate mediation proceedings;
221 conforming provisions to changes made by the act; making a
222 technical change; amending s. 723.0381, F.S.; prohibiting the
223 initiation of civil action unless the dispute has been submitted
224 to mediation; amending s. 723.051, F.S.; requiring that
225 specified live-in health care aides have ingress and egress to
226 and from a mobile home owner’s site without having to pay
227 charges; providing that the mobile home owner must pay the cost
228 of any necessary background check of such aides; providing that
229 live-in heath care aides have no rights of tenancy in the park;
230 requiring the mobile home owner to notify the park owner or
231 manager of certain information related to such aides; providing
232 that the mobile home owner is responsible for removing such
233 aides if it becomes necessary and must cover related costs;
234 amending s. 723.0611, F.S.; providing the purpose of the Florida
235 Mobile Home Relocation Corporation; amending s. 723.0612, F.S.;
236 revising the amounts a mobile home owner is entitled to receive
237 from the corporation for single-section and multisection mobile
238 homes in certain circumstances; revising the timeframe during
239 which a mobile home moving contractor may redeem a voucher for
240 the contract price for relocating a mobile home; revising the
241 amount a mobile home owner may receive when he or she abandons
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No.

242 the mobile home inside the mobile home park in lieu of
243 collecting payment from the corporation; revising the amount a
244 park owner must pay the corporation under certain circumstances;
245 making technical changes; requiring the division to adopt rules;
246 providing an effective date.

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HB 709
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 709 In-store Servicing of Alcoholic Beverages
SPONSOR(S): Rizo
TIED BILLS: IDEN./SIM. BILLS: SB 574

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee

2) State Administration & Technology
Appropriations Subcommittee

3) Commerce Committee

Regulation of alcohol in Florida is based upon the “three-tier system.” The system requires separation of the
manufacture, distribution, and sale of alcoholic beverages. The manufacturer creates the beverages, the
distributor obtains the beverages from the manufacturer and then delivers to the vendor, and the vendor makes
the ultimate sale to the consumer.

Currently, distributors of wine and beer may provide certain quality control services, or “in-store servicing,” for
the products they sell to a vendor, as an exception to the three-tier system, without violating the Beverage Law.
However, distributors of liquor may not provide such in-store servicing.

The bill allows distributors of any alcohol products, including liquor-based products, containing less than 6
percent alcohol by volume, to perform in-store servicing for the products they sell to a vendor.

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

The bill provides an effective date of July 1, 2024.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0709.RRS
DATE: 1/30/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Beverage Law

Since the repeal of Prohibition, regulation of alcohol in the United States has traditionally been based
upon what is termed the “three-tier system.” The system requires separation of the manufacture,
distribution, and sale of alcoholic beverages. 4 The manufacturer creates the beverages, the distributor
obtains the beverages from the manufacturer and then delivers to the vendor, and the vendor makes
the ultimate sale to the consumer. 5

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.”
• “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

Generally, only licensed vendors are permitted to sell alcoholic beverages directly to consumers at
retail, and manufacturers and distributors are generally prohibited from holding a vendor’s license. 7
Manufacturers, distributors, and vendors are generally prohibited from being licensed or having an
interest in more than one tier. Limited exceptions, subject to certain conditions, include the ability for a
craft brewery to hold a vendor’s license (tap room), a restaurant to hold a manufacturer’s license (brew
pub), and a winery to hold up to three vendor’s licenses. 8

Liquor

“Liquor,” “distilled spirits,” “spirituous liquors,” “spirituous beverages,” or “distilled spirituous liquors”
mean that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all
dilutions and mixtures thereof from whatever source or by whatever process produced. 9

Every manufacturer and distributor of liquor beverages: 10
• Containing 17.259 percent or more of alcohol by volume and not more than 55.780 percent of
alcohol by volume, except wines, must pay a tax at the rate of $6.50 per gallon.

1 Section 561.01(6), F.S., provides that the “The Beverage Law” includes 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 Section 561.01, F.S., defines “alcoholic beverages” as “distilled spirits and all beverages containing one-half of 1 percent

or more alcohol by volume.”
5 S. 561.14, F.S.
6 S. 561.14, F.S.
7 Ss. 561.22(1), 561.14(3), F.S. However, see the exceptions provided in ss. 561.221 and 565.03, F.S.
8 See ss. 561.22, 561.24, 561.14(1), and 563.022(14), F.S.
9 S. 565.01, F.S.
10 S. 565.12, F.S.
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• Containing less than 17.259 percent of alcohol by volume, must pay a tax at the rate provided in
Chapter 564, F.S., which outlines tax rates for wine.

In-store Servicing

Distributors of wine and beer or malt beverages may provide certain quality control servicing, or “in-
store servicing,” of such products sold by the distributor to a vendor, as an exception to the three-tier
system, without violating the Beverage Law.

“In-store servicing” for wine means:
• Placing the wine on the vendor’s shelves and maintaining the appearance and display of said
wine on the vendor’s shelves in the vendor’s licensed premises;
• Placing the wine in a storage area designated by the vendor, which is located in the vendor’s
licensed premises;
• Rotation of vinous beverages; and
• Price stamping of vinous beverages in the vendor’s licensed premises. 11

The in-store servicing allowance for wine distributors specifically states that the exception does not
apply to liquor. 12

“In-store servicing” for beer or malt beverages includes, but is not limited to:
• Rotation of malt beverages on the vendor’s shelves,
• Rotation and placing of malt beverages in the vendor’s coolers,
• Proper stacking and maintenance of appearance and display of malt beverages on vendor’s
shelves,
• Price-stamping of malt beverages in the vendor’s licensed premises, and
• Moving or resetting any product or display in order to display a distributor’s own product when
authorized by the vendor. 13

Distributors of liquor may not provide in-store servicing, as there is no provision under the Beverage
Law allowing it, and s. 561.42, F.S., prohibits financial aid and assistance of any kind from a distributor
to a vendor.

RTD Alcohol Products

Ready-to-drink alcohol products (RTDs) are generally premixed drinks that are ready to be consumed
immediately, and typically have a lower alcoholic content compared to traditional liquors. 14 There are
generally three categories of RTDs: 15
• Malt-based. For example:
o Hard seltzers.
o Hard tea.
o Hard kombucha.
• Wine-based. For example:
o Wines in cans.
o Wine cocktails in tetra packs.
• Liquor-based. For example:
o Ready-to-drink cocktails.
o Seltzers with a spirits spike.

11 S. 561.424(2), F.S.
12 Id.
13 S. 561.423, F.S.
14 Wildpack Beverage, RTD Alcohol: How It’s Changed The Beverage Industry, https://wildpackbev.com/rtd-alcohol-how-

its-changed-the-beverage-industry/ (last visited Jan. 26, 2024).
15 Kate Dingwall, Where Is The Ready-To-Drink Category Headed?, Forbes, Jul. 27, 2022,

https://www.forbes.com/sites/katedingwall/2022/07/27/where-is-the-ready-to-drink-category-headed/?sh=4d07808b4bd1
(last visited Jan. 26, 2024).
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DATE: 1/30/2024
o Shooters.

Vendors with beer and wine licenses are allowed to sell liquor-based products, including RTDs, that
have less than 6 percent alcohol by volume. Specifically, s. 564.06(5)(b), F.S., provides that all alcohol
products, however derived, distilled, mixed, or fermented, and which contain less than 6 percent
alcohol by volume which are taxed under Chapter 564, F.S., 16 must be available for purchase and
sale 17 by any licensee holding a valid license to sell alcoholic beverages for consumption either on or
off premises, and nothing contained in the Beverage Law may be construed to prevent such sales. 18

In 2021, DBPR issued an informational bulletin addressing confusion regarding whether a liquor
distributor may provide in-store servicing of RTDs which contain liquor, stating that: 19

Despite being classified as liquor under the Beverage Law, many [RTDs] are
available for sale in locations authorized to sell beer and wine only, pursuant
to…s. 564.06(5)(b), F.S…. The sale of these products in locations not authorized
to sell [other] liquor appears to have caused some confusion in the marketplace
regarding whether these RTD items are able to be serviced by distributors.
Liquor-based RTDs and other [liquor] items…are not eligible for in-store servicing
by distributors…. The in-store servicing of such items would be considered a
violation of s. 561.42, F.S. As such, it will be necessary for distributors to make a
determination based on the product formulation as to whether the product is
eligible for instore servicing, or whether servicing of such products could
potentially be a violation of the Beverage Law.

The bulletin states that in-store servicing of liquor-based products by the distributor is a
violation of the Beverage Law, despite the ability of certain vendors to sell liquor
products or RTDs with less than 6 percent alcohol. 20

Effect of the Bill

The bill allows distributors of any alcohol products, including liquor-based products and RTDs,
containing less than 6 percent alcohol by volume, to perform in-store servicing for the products they sell
to a vendor. The provision is added to s. 561.42, F.S., as an allowance under the wine in-store
servicing provision.

The bill allows the Division to adopt rules to implement the bill.

The bill provides an effective date of July 1, 2024.

B. SECTION DIRECTORY:
Section 1: Amends s. 561.424, F.S.; relating to in-store servicing of alcohol products.
Section 2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

16 This includes all wine, wine products, and beverages containing less than 17.259 percent of alcohol by volume. Ss.

564.06 and 565.12, F.S.
17 As provided in ss. 563.02 and 564.02, F.S.
18 S. 564.06(5)(b), F.S.
19 Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Informational

Bulletin 2021-003, http://www.myfloridalicense.com/dbpr/abt/informational_bulletins/2021-
003_RTDandInStoreServicing.pdf (last visited Jan. 26, 2024).
20 Id.
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DATE: 1/30/2024
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 liquor distributors to ensure that liquor-based RTDs are well maintained in retail
locations.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill allows DBPR to adopt rules to implement the bill. DBPR may need to amend rule 61A-3.050,
F.A.C., relating to special low-proof products.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 1/30/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 709 2024

1 A bill to be entitled
2 An act relating to in-store servicing of alcoholic
3 beverages; amending s. 561.424, F.S.; revising
4 applicability of provisions regulating in-store
5 servicing of wine to include products with a specified
6 percentage of alcohol; authorizing the Division of
7 Alcoholic Beverages and Tobacco of the Department of
8 Business and Professional Regulation to adopt rules;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (2) of section 561.424, Florida
14 Statutes, is amended, and subsections (3) and (4) are added to
15 that section, to read:
16 561.424 Vinous and other beverages; in-store servicing
17 authorized.—
18 (2) Nothing in s. 561.42 or any other provision of the
19 alcoholic beverage law prohibits shall prohibit a distributor of
20 wine from providing in-store servicing of wine sold by the such
21 distributor to a vendor. As used in this section, the term "in-
22 store servicing" as used herein means: placing the wine on the
23 vendor's shelves and maintaining the appearance and display of
24 the said wine on the vendor's shelves in the vendor's licensed
25 premises; placing the wine that is not so shelved or displayed

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0709-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 709 2024

26 in a storage area designated by the vendor, which is located in
27 the vendor's licensed premises; rotation of vinous beverages;
28 and price stamping of vinous beverages in the vendor's licensed
29 premises. This section shall not apply to distilled spirits.
30 (3) This section does not apply to distilled spirits, but
31 specifically applies to products containing less than 6 percent
32 alcohol by volume as described in s. 564.06(5)(b).
33 (4) The division may adopt rules to implement this
34 section.
35 Section 2. This act shall take effect July 1, 2024.

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CODING: Words stricken are deletions; words underlined are additions.
hb0709-00
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE

HB 709 by Rep. Rizo
In-store Servicing of Alcoholic Beverages

AMENDMENT SUMMARY
February 1, 2024

Amendment 1 by Rep. Rizo (strike-all):
• Removes the in-store servicing allowance for distilled spirit products with less than 6%
alcohol by volume from the wine provision.
• Creates a new provision to allow in-store servicing for any distilled spirit product.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 709 (2024)
Amendment No. 1

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Rizo offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (2) of section 561.424, Florida
8 Statutes, is amended, and subsection (3) is added to that
9 section, to read:
10 561.424 Vinous beverages; in-store servicing authorized.—
11 (2) Nothing in s. 561.42 or any other provision of the
12 alcoholic beverage law prohibits shall prohibit a distributor of
13 wine from providing in-store servicing of wine sold by the such
14 distributor to a vendor.
15 (3) As used in this section, the term "in-store servicing"
16 as used herein means:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 709 (2024)
Amendment No. 1

17 (a) Placing the wine on the vendor's shelves and
18 maintaining the appearance and display of the said wine on the
19 vendor's shelves in the vendor's licensed premises.;
20 (b) Placing the wine that is not so shelved or displayed
21 in a storage area designated by the vendor, which is located in
22 the vendor's licensed premises.;
23 (c) Rotating rotation of vinous beverages.; and
24 (d) Price stamping of vinous beverages in the vendor's
25 licensed premises. This section shall not apply to distilled
26 spirits.
27 Section 2. Section 561.425, Florida Statutes, is created
28 to read:
29 561.425 Distilled spirits; in-store servicing authorized.—
30 (1) Nothing in s. 561.42 or any other provision of the
31 alcoholic beverage law prohibits a distributor of distilled
32 spirits from providing in-store servicing of distilled spirits
33 sold by the distributor to a vendor.
34 (2) As used in this section, the term "in-store servicing"
35 means:
36 (a) Placing distilled spirits, including distilled spirits
37 located in a storage area designated by the vendor, on the
38 vendor's shelves and maintaining the appearance and display of
39 the distilled spirits on the vendor's shelves in the vendor's
40 licensed premises.
41 (b) Placing the distilled spirits in displays.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 709 (2024)
Amendment No. 1

42 (c) Placing the distilled spirits that are not shelved or
43 displayed in a storage area designated by the vendor, which is
44 located in the vendor's licensed premises.
45 (d) Rotating distilled spirits.
46 (e) Price stamping distilled spirits in the vendor's
47 licensed premises.
48
49 -----------------------------------------------------
50 T I T L E A M E N D M E N T
51 Remove lines 3-8 and insert:
52 beverages; amending s. 561.424, F.S.; conforming
53 provisions to changes made by the act; creating s.
54 561.425, F.S.; authorizing the in-store servicing of
55 distilled spirits sold by a distributor to a vendor;
56 defining the term "in-store servicing";

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HB 741
HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS

BILL #: HB 741 Town of Hillsboro Beach, Broward County
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Local Administration, Federal Affairs & Special 16 Y, 0 N Burgess Darden
Districts Subcommittee

2) Regulatory Reform & Economic Development Phelps Anstead
Subcommittee

3) State Affairs Committee

SUMMARY ANALYSIS
Florida’s Beverage Law limits the number of “quota licenses” that the Department of Business and Professional
Regulation (DBPR) may issue per county. A quota license allows a business to serve any alcoholic beverage
regardless of alcoholic content, including liquor. DBPR is not limited by the Beverage Law on the number of
licenses it may issue for businesses that serve only malt beverages and wine.

The bill creates an exception to ch. 561, F.S., permitting DBPR to issue a special alcoholic beverage license to
any residential condominium in the Town of Hillsboro Beach, Broward County that meets the following
requirements:
• Has no fewer than 50 condominium units in a single building or multiple buildings under the control and
operation of the same association of condominium owners;
• Is owned by or rented to non-transients; and
• Is licensed as a food service establishment under ch. 381 or ch. 509, F.S.

The bill provides that the special alcoholic beverage license may only be issued to the entity managing the
food and beverage operations of the condominium. The bill limits sales under the license to residents or guests
of the condominium for on-premises consumption during the hours where food is sold.

The bill provides that DBPR has the authority to regulate and supervise residential condominiums for which
special alcoholic beverage licenses have been issued. The division may revoke or suspend any license for
violations of the beverage laws and rules and regulations of this state.

According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 1/30/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:

Present Situation

The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale of alcoholic beverages within the state. 1
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law.

Under the Beverage Law, DBPR is not limited on the number of licenses it issues to businesses selling
malt beverages or wine. However, statute limits the number of licenses that may be issued under s.
565.02(1)(a)-(f), F.S., to one license per 7,500 residents per county with a minimum of three licenses
per county that has approved the sale of intoxicating liquors. 2 This license, often referred to as a “quota
license,” allows a business to sell any alcoholic beverage regardless of alcoholic content, including
liquor or distilled spirits. 3

There are several exceptions to the quota license limitation, 4 and businesses that meet the
requirements set out in one of the exceptions may be issued a special license by DBPR allowing the
business to serve any alcoholic beverages regardless of alcohol content. A food service establishment
may qualify for an exemption if the building has at least 2,500 square feet of service area, is equipped
to serve meals to 150 persons at one time, and derives at least 51 percent of its gross food and
beverage revenue from the sale of food and nonalcoholic beverages during the first 120-day operating
period and the first 12-month operating period thereafter. 5

Alcoholic beverages sold for consumption on premises must be consumed inside the licensed
premises. 6 DBPR may approve a temporary expansion of the licensed premises to include a sidewalk
or other outdoor area for special events. 7 The business must pay an application fee of $100, stipulate
the timeframe for the special event, submit a sketch outlining the expanded premises, and submit
written approval from the county or municipality.

Effect of Proposed Changes

The bill creates an exception to ch. 561, F.S., permitting DBPR to issue a special alcoholic beverage
license to any residential condominium in the Town of Hillsboro Beach, Broward County, that meets the
following requirements:
• Has no fewer than 50 condominium units in a single building or multiple buildings under the
control and operation of the same association of condominium owners;
• Is owned by or rented to non-transients; 8 and
• Is licensed as a food service establishment under ch. 381 or ch. 509, F.S.

The bill provides that the special alcoholic beverage license may only be issued to the person,
company or corporation that manages the food and beverage operations of the condominium, is limited

1 S. 561.02, F.S.
2 S. 561.20(1), F.S.
3 S. 565.02, F.S.
4 S. 561.20(2), F.S.
5 S. 561.20(2)(a)4., F.S. See Rule 61A-3.0141, F.A.C.
6 See s. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to include a

sidewalk or any other outside area as part of the licensed premise).
7 S. 561.01(11), F.S.
8 Nontransient occupancy means “any public lodging establishment that is rented or leased to guests by an operator whose intention is

that the dwelling unit occupied will be the sole residence of the guest.” S. 509.013(14), F.S. “Nontransients” are guests in nontransient
occupancy. S. 509.013(16), F.S. Essentially, nontransients are tenants.
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to the provision of alcoholic beverages for consumption on the premises only to residents and their
nonresident guests and does not authorize the condominium to sell alcoholic beverages by the
package for off-premises consumption or to sell alcoholic beverages after the hours of serving or
consumption of food have elapsed.

The bill provides that DBPR has the authority to regulate and supervise residential condominiums for
which special alcoholic beverage licenses have been issued. The division may revoke or suspend any
license for violations of the beverage laws and rules and regulations of this state.

B. SECTION DIRECTORY:
Section 1: Creates an exception to general law to a residential condominium in the Town of
Hillsboro Beach, Broward County.

Section 2: Provides an effective date of upon becoming a law.

II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS

A. NOTICE PUBLISHED? Yes [X] No []

IF YES, WHEN? November 5, 2023

WHERE? The Sun-Sentinel, a daily newspaper of general circulation published in Broward,
Palm Beach, and Miami-Dade County.

B. REFERENDUM(S) REQUIRED? Yes [] No [X]

IF YES, WHEN?

C. LOCAL BILL CERTIFICATION FILED? Yes [X] No []

D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No []

III. COMMENTS

A. CONSTITUTIONAL ISSUES:
None.

B. RULE-MAKING AUTHORITY:

The bill does not provide rulemaking authority or require executive branch rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
According to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 741 2024

1 A bill to be entitled
2 An act relating to the Town of Hillsboro Beach,
3 Broward County; requiring the Division of Alcoholic
4 Beverages and Tobacco of the Department of Business
5 and Professional Regulation to issue a special
6 alcoholic beverage license to a residential
7 condominium that meets certain requirements; limiting
8 the issuance of such license and the provision and
9 sale of alcoholic beverages under such license;
10 authorizing the division to regulate and supervise
11 residential condominiums to which such licenses have
12 been issued; authorizing the division to revoke or
13 suspend such licenses under certain circumstances;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. (1) Notwithstanding s. 561.20(2), Florida
19 Statutes, or any other provision of law, the Division of
20 Alcoholic Beverages and Tobacco of the Department of Business
21 and Professional Regulation shall issue a special alcoholic
22 beverage license to a residential condominium in the Town of
23 Hillsboro Beach, Broward County, which:
24 (a) Has no fewer than 50 condominium units in a single
25 building or multiple buildings under the control and operation

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HB 741 2024

26 of the same association of condominium owners.
27 (b) Is wholly owned by or rented to nontransients.
28 (c) Is licensed as a food service establishment under
29 chapter 381 or chapter 509, Florida Statutes, and regularly
30 offers food and beverage amenities to condominium residents.
31 (2) A special alcoholic beverage license issued under this
32 section:
33 (a) Shall be issued only to the person, company, or
34 corporation that manages the food and beverage operations of the
35 condominium and not to the association of condominium owners.
36 (b) Is limited to the provision of alcoholic beverages for
37 consumption on the premises only to residents of the condominium
38 and their nonresident guests.
39 (c) Does not authorize the condominium to sell alcoholic
40 beverages by the package for off-premises consumption or to sell
41 alcoholic beverages after the hours of serving or consumption of
42 food have elapsed.
43 (3) The Division of Alcoholic Beverages and Tobacco of the
44 Department of Business and Professional Regulation may regulate
45 and supervise residential condominiums to which special
46 alcoholic beverage licenses have been issued under this section
47 in accordance with the rules of the division and general law not
48 inconsistent with this section. The division may revoke or
49 suspend any such license for violations of the beverage laws and
50 rules and regulations of this state not inconsistent with this

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HB 741 2024

51 section.
52 Section 2. This act shall take effect upon becoming a law.

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hb0741-00
HB 813
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 813 Certified Public Accountants
SPONSOR(S): Caruso
TIED BILLS: IDEN./SIM. BILLS: CS/SB 954

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee

2) State Administration & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
In Florida, public accountancy is regulated by the Board of Accountancy under the Department of Business
and Professional Regulation. The practice of public accountancy includes offering to the public the
performance of services involving audits, reviews, compilations, tax preparation, management advisory or
consulting services, or preparation of financial statements. In order to practice public accountancy, a person
must be licensed as a certified public accountant (CPA).

CPAs are allowed to request their license be placed on inactive status, or the licensee may be placed on
inactive status for failing to meet the CPE requirements of 80 CPE hours every two years for license renewal.
However, Florida law does not currently provide CPAs the option of placing licenses into a retired status as an
alternative to an inactive status.

The bill:
• Allows a Florida-licensed CPA to submit an application to the DBPR to place a CPA license in a retired
status if certain conditions are met.
• Provides that if a licensee with a retired status license reenters the workforce in a position that has an
association with accounting or any of the CPA services, the licensee automatically loses the retired
status.
• Provides a retired licensee may serve without compensation on a board of directors or board of
trustees, provide volunteer tax preparation services, participate in government-sponsored business
mentoring programs, or participate in an advisory role for a similar charitable, civic, or nonprofit
organization.
• Provides that a retired licensee may reactivate a license in a conditional manner determined by the
Florida Board of Accountancy, which requires the payment of fees and the completion of continuing
education, which consists of 80 hours every two years.

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

The bill has an effective date of July 1, 2024.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0813.RRS
DATE: 1/30/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Background

The Florida Board of Accounting (board) in the Department of Business and Professional Regulation
(DBPR) is the agency responsible for regulating and licensing active and inactive certified public
accountants (CPA) and accounting firms in Florida. The Division of Certified Public Accounting provides
administrative support to the 9-member board, which consists of 7 CPAs and 2 laypersons. 1

To engage in the practice of public accounting, an individual or firm must be licensed and business
entities must meet certain formation requirements. 2

The “practice of public accountancy” includes offering to the public the performance of services
involving audits, reviews, compilations, tax preparation, management advisory or consulting services,
or preparation of financial statements. 3

The initial licensing fee for a CPA license is $50 4, and the biennial renewal fee is $105. 5

A person may be charged with a first-degree misdemeanor if they are not a licensed CPA and they
perform: 6
• Services involving the expression of an opinion on financial statements,
• The attestation as an expert in accountancy to the reliability or fairness of the presentation of
financial information,
• The utilization of any form of opinion or financial statements that provide a level of assurance,
• The utilization of any form of disclaimer of opinion which conveys an assurance of reliability as to
matters not specifically disclaimed, or
• The expression of an opinion on the reliability of an assertion by one party for the use by a third
party.

Continuing Education

CPAs are required to complete 80 hours 7 of continuing professional education (CPE), which is set by
the board, in public accounting subjects every 2 years to renew their license. The board sets CPE
hours and has the authority to require between 48 and 80 hours every 2 years. The board has the
authority to prescribe by rule additional CPE hours, not to exceed 25 percent of the total hours
required, for failure to complete the hours required for renewal by the end of the reestablishment
period. 8

The Florida Institute of Certified Public Accountants (FICPA), one of Florida’s largest CPA voluntary
associations, offers members 20 hours of free CPE per year. The membership fee is $295 or $395 per

1 S. 473.303, F.S.
2 S. 473.302, F.S.
3 S. 473.302(8), F.S.
4 “Initial CPA License”, Florida Department of Business and Professional Regulation,

www.myfloridalicense.com/CheckListDetail.asp?SID=&xactCode=1035&clientCode=0101&XACT_DEFN_ID=18291 (last
visited Jan .23, 2024).
5 Email from Derek Miller, Director of Legislative Affairs, Florida Department of Business and Professional Regulation,

RE: CPAs (Jan. 23, 2024).
6 S. 473.322(1)(c), F.S.
7 S. 473.312(1)(a), F.S. allows the board to require between 48 and 80 hours of CPE every 2 years. The board requires

80 hours in r. 61H1-33.003, F.A.C.
8 S. 473.312(1)(a), F.S.
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year depending on how many years a member has been licensed. Other organizations also offer free
CPE hours. Otherwise, private companies offer courses that are available online year round for
between $200 and $600 per year.

The board also requires that a specific number of hours be completed in set categories or subjects. At
least 10 percent of the total hours required by the board must be in accounting-related and auditing-
related subjects, as distinguished from other subjects that include federal and local taxation matters
and management services. 9 Five percent of the total hours required by the board must be in ethics
applicable to the practice of public accounting. This requirement must be administered by providers
approved by the board and include a review of the provisions of ch. 455, F.S., ch. 473, F.S., and the
related administrative rules. 10

Inactive Licenses

A CPA may request that their license be placed on inactive status. A CPA may also be placed on
inactive status for failing to meet the CPE requirements for license renewal. A CPA with an inactive
license cannot use the CPA designation and cannot practice public accounting. 11 Every two years, an
individual with an inactive license has to pay $105 to maintain his or her license. 12 However, CPE
requirements are suspended while his or her license is inactive. 13 The board is authorized to adopt
rules establishing the minimum requirements for placing a license on inactive status, renewing an
inactive license, and reactivating the inactive license. 14

The current fee for reactivating an inactive CPA license is $250. 15 The CPE requirements for
reactivating an inactive or delinquent license are 120 hours, regardless of how long the license is
inactive. These CPE requirements include:
• At least 30 hours in accounting-related and auditing-related subjects;
• Not more than 30 hours in behavioral subjects; and
• A minimum of 8 hours in ethics subjects approved by the board.

Retired Status

The American Institute of CPAs (AICPA) estimated that approximately 75 percent of its members met
the retirement age in 2020. According to AICPA, “many of these retirees are well respected business
leaders in their communities who would like to find ways to continue to be of service, without
necessarily remaining an active CPA in practice.” 16

The AICPA provides a uniform retired CPA status in their model rules that states 17 may adopt allowing
retired CPAs to offer a limited array of volunteer, uncompensated services to the public. The Model Act
allows inactive CPAs, who are at least 55 years of age to refer to themselves as “Retired-CPAs” and
register as such with their state board of accountancy. They are able to participate in activities such as

9 S. 473.312(1)(b), F.S.
10 S. 473.312(1)(c), F.S.
11 “Request Inactive Status”, The Florida Department of Business and Professional Regulation,

www.myfloridalicense.com/CheckListDetail.asp?SID=&xactCode=4020&clientCode=0101&XACT_DEFN_ID=2738#:~:text
=Licensees%20who%20no%20longer%20wish,can%20they%20practice%20public%20accounting (last visited Jan. 28,
2024).
12 R. 61H1-31.003, F.A.C.
13 R. 61H1-30.040(1), F.A.C.
14 S. 473.313, F.S.
15 R. 61H1-31.006, F.A.C.
16 American Institute of Certified Public Accountants, Exposure Draft: AICPA/NASBA Uniform Accountancy Act and

NASBA Uniform Accountancy Act Rules (November 2015)
https://www.aicpa.org/advocacy/state/retiredcpastatusexposuredraft.html, p. 3 (last visited Jan. 23, 2024).
17 See some states that have adopted “retired CPA status”, i.e., Ohio Admin. Code 4701-7-06(c); 21 N.C. Admin. Code

8J.0112; La. Rev. Stat. § 37:76(D)(2).
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volunteer tax preparation services, government-sponsored business mentoring programs, and on
boards of nonprofit organizations. 18

Florida law does not currently provide CPAs the option of placing licenses into a retired 19 status as
an alternative to an inactive status.

Uniform Accountancy Act

Section 473.302(9), F.S., defines the term “Uniform Accountancy Act” to mean the Uniform
Accountancy Act, Seventh Edition, dated May 2014 and published by the American Institute of
Certified Public Accountants and the National Association of State Boards of Accountancy. The
Uniform Accountancy Act provides uniform standards for the regulation of accountancy. The
current edition is the eighth edition, dated January 2018.

Effect of the Bill

Retired Status

The bill creates a “retired status” for CPA licensees. The bill defines a "retired licensee" as a licensee
whose license has been placed in retired status by the department.

The bill allows a Florida-licensed CPA to submit an application to the DBPR to place a CPA license in a
retired status if the licensee:
• Is at least 65 years of age;
• Holds a current active or inactive license; and
• Is in good standing and not the subject of any sanction or disciplinary action.

The bill authorizes the board to prescribe by rule the application for placing a license into retired status.
The application must state that the applicant has no association with accounting or any of the services
defined in s. 473.302(8), F.S.

Under the bill, a licensee in retired status who reenters the workforce in a position that has an
association with accounting, or any related services defined in s. 473.302(8), F.S., automatically loses
his or her retired status except as provided in s. 473.313(8)(a), F.S, relating to placing a license in an
inactive status.

The bill provides that the term “retired licensee” for the purposes of a retired license status in s.
473.313(2), F.S., means a licensee whose license has been placed in a retired status by the
department.

The bill authorizes a retired licensee to:
• Serve without compensation on a board of directors or board of trustees;
• Provide volunteer tax preparation services;
• Participate in government-sponsored business mentoring program such as the Internal Revenue
Service’s Volunteer Income Tax Assistance program or the Small Business’s SCORE program;
or
• Participate in an advisory role for a similar charitable, civic, or nonprofit organization.

The board must require retired licensees to affirm in writing their understanding of the limited types of
activities allowed while in retired status and their professional duty to ensure competency to participate
in the activities.

18 Supra note 11.
19 The FICA offers membership to “retired CPAs” in Florida. “Retired” members pay $115 a year for membership and must

be 55 years or older and have been licensed in the U.S. in the past 10 years. See “Membership Types”, Florida Institute of
CPAs, www.ficpa.org/membership/types (last visited Jan. 27, 2024).
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Under the bill, a retired licensee may accept routine reimbursement for actual costs of travel and meals
associated with volunteer services or de minimis per diem amounts paid to the retired licensee to cover
such expenses as allowed by law.

Retired licensees are permitted to use the title of “retired CPA” on any business card or letterhead or
any other printed or electronic document as long as it is used in a manner that is not confusing to the
public.

A “retired CPA” title may not offer or render professional services that require her or his signature and
the use of the CPA title, regardless of whether “retired” is attached to such title.

Retired licensees are not required:
• To have a certificate issued with the word “retired”.
• To maintain the CPE requirements set forth in s. 473.312, F.S.

A retired licensee may reactivate his or her license in a conditional manner determined by the board.
The conditions of reactivation must require the payment of fees and the completion of any continuing
education requirements.

Under the bill, the CPE requirements for reactivation are those of the most recent biennium plus one-
half of the continuing education requirements in s. 473.312, F.S., for each year or part thereof during
which the license was on retired status. The bill also provides that, notwithstanding any other provision
of s. 473.313, F.S., the CPE requirements are 120 hours, including at least 30 hours in accounting-
related and auditing-related subjects, a minimum of eight hours of Florida-specific ethics, and not more
than 30 hours of behavioral subjects.

Uniform Accountancy Act

The bill updates the definition of “Uniform Accountancy Act” to reference the current Eighth Edition,
dated January 2018 and published by the American Institute of Certified Public Accountants and the
National Association of State Boards of Accountancy.

B. SECTION DIRECTORY:
Section 1: Amends s. 473.313, F.S., providing requirements for CPA retired status licenses.
Section 2: Amends s. 73.302, updating definition of Uniform Accountancy Act.
Section 3: 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.
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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
A retired CPA wishing to reactivate her or his license will be subject to reactivation fees in an amount
determined by the board, and the expense of completing required continuing education hours.

D. FISCAL COMMENTS:
None.

III. 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:
Section 19(a), Article VII of the State Constitution limits the authority of the legislature to enact
legislation that imposes a new state tax or fee by requiring such legislation to be approved by a two-
thirds vote in each chamber of the legislature. Section 19(e), Article VII of the Florida Constitution
provides that a state tax or fee imposed, authorized, or raised must be contained in a separate bill
that contains no other subject. The bill permits a licensed CPA in retired status to reactivate his or
her license in a conditional manner determined by the Florida Board of Accountancy.

The bill requires that the conditions for the reactivation of a license in retired status must include the
payment of fees. The board currently has the authority to impose a fee for the reactivation of an
inactive license. Because the bill requires the board to impose a fee of an unknown amount for the
reactivation of a license in retired status, it is unclear if the voting and separate bill requirements
found in the State Constitution apply to the bill.

B. RULE-MAKING AUTHORITY:
The board will need to generate rules for retired status licenses. There is sufficient rulemaking authority
to do so.

C. DRAFTING ISSUES OR OTHER COMMENTS:
Lines 122-131 of the bill addressing the CPE requirements are unclear.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 813 2024

1 A bill to be entitled
2 An act relating to certified public accountants;
3 amending s. 473.313, F.S.; authorizing certain
4 certified public accountants to apply to the
5 Department of Business and Professional Regulation to
6 place their licenses on retired status; authorizing
7 the Board of Accountancy to prescribe by rule a
8 certain application; providing requirements for the
9 application; providing that a licensee loses retired
10 status in certain circumstances; authorizing a retired
11 licensee to take certain actions without losing
12 retired status; requiring a certain affirmation;
13 authorizing a retired licensee to accept certain
14 reimbursements or per diem amounts; prohibiting a
15 retired licensee from offering or rendering certain
16 professional services; providing for the reactivation
17 of a retired licensee's license; providing
18 requirements for the conditions of such reactivation;
19 providing a definition; amending s. 473.302, F.S.;
20 revising a definition; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 473.313, Florida Statutes, is amended
25 to read:

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26 473.313 Inactive status; retired status.—
27 (1) A Florida certified public accountant may request that
28 her or his license be placed in an inactive status by making
29 application to the department. The board may prescribe by rule
30 fees for placing a license on inactive status, renewal of
31 inactive status, and reactivation of an inactive license.
32 (a)(2) A license that has become inactive under this
33 subsection (1) or for failure to complete the requirements in s.
34 473.312 may be reactivated under s. 473.311 upon application to
35 the department. The board may prescribe by rule continuing
36 education requirements as a condition of reactivating a license.
37 The maximum continuing education requirements for reactivating a
38 license are 120 hours, including at least 30 hours in
39 accounting-related and auditing-related subjects, not more than
40 30 hours in behavioral subjects, and a minimum of 8 hours in
41 ethics subjects approved by the board, for the reactivation of a
42 license that is inactive or delinquent.
43 (b)(3) A license that is delinquent for failure to report
44 completion of the requirements in s. 473.312 may be reactivated
45 under s. 473.311 upon application to the department.
46 Reactivation requires the payment of an application fee as
47 determined by the board and certification by the Florida
48 certified public accountant that the applicant satisfactorily
49 completed the continuing education requirements set forth under
50 s. 473.311. If the license is delinquent on January 1 because of

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51 failure to report completed continuing education requirements,
52 the applicant must submit a complete application to the board by
53 March 15 immediately after the delinquent period.
54 (c)(4) Any Florida certified public accountant holding an
55 inactive license may be permitted to reactivate such license in
56 a conditional manner. The conditions of reactivation shall
57 require the payment of fees and the completion of required
58 continuing education.
59 (d)(5) Notwithstanding the provisions of s. 455.271, the
60 board may, at its discretion, reinstate the license of an
61 individual whose license has become null and void if the
62 individual has made a good faith effort to comply with this
63 section but has failed to comply because of illness or unusual
64 hardship. The individual shall apply to the board for
65 reinstatement in a manner prescribed by rules of the board and
66 shall pay an application fee in an amount determined by rule of
67 the board. The board shall require that the individual meet all
68 continuing education requirements as provided in paragraph (a)
69 subsection (2), pay appropriate licensing fees, and otherwise be
70 eligible for renewal of licensure under this chapter.
71 (2) A Florida certified public accountant who is at least
72 65 years of age, currently holds an active or inactive license
73 in good standing under this chapter, and is not the subject of
74 any sanction or disciplinary action may request that her or his
75 license be placed on retired status by making application to the

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HB 813 2024

76 department. The board may prescribe by rule the application for
77 placing a license on retired status, which must state that the
78 applicant has no association with accounting or any of the
79 services described in s. 473.302(8). If a licensee who has been
80 granted retired status reenters the workforce in a position that
81 has an association with accounting or any of the services
82 described in 473.302(8), the licensee automatically loses her or
83 his retired status except as provided in paragraph (a).
84 (a) A retired licensee may, without losing her or his
85 retired status, serve without compensation on a board of
86 directors or board of trustees, provide volunteer tax
87 preparation services, participate in a government-sponsored
88 business mentoring program such as the Internal Revenue
89 Service's Volunteer Income Tax Assistance program or the Small
90 Business Administration's SCORE program, or participate in an
91 advisory role for a similar charitable, civic, or other non-
92 profit organization.
93 (b) The board shall require a retired licensee to affirm
94 in writing her or his understanding of the limited types of
95 activities in which she or he may engage while in retired status
96 and that she or he has a professional duty to ensure that she or
97 he holds the professional competencies necessary to participate
98 in such activities.
99 (c) A retired licensee may accept routine reimbursement
100 for actual costs of travel and meals associated with volunteer

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101 services or de minimis per diem amounts paid to the licensee to
102 cover such expenses as allowed by law.
103 (d) A retired licensee may use the title of "retired CPA"
104 on any business card or letterhead or any other printed or
105 electronic document. However, such title must not be applied in
106 such a manner that could confuse the public as to the current
107 status of the licensee. The licensee is not required to have a
108 certificate issued with the word "retired" on the certificate.
109 (e) A retired licensee is not required to maintain the
110 continuing education requirements under s. 473.312.
111 (f) A retired licensee may not offer or render
112 professional services that require her or his signature and the
113 use of the CPA title, regardless of whether "retired" is
114 attached to such title.
115 (g) A retired licensee may be permitted to reactivate her
116 or his license in a conditional manner as determined by the
117 board. The conditions of reactivation must require the payment
118 of fees and the completion of required continuing education. The
119 board may prescribe by rule an application for reactivating a
120 license placed on retired status and continuing education
121 requirements as a condition of reactivating a license placed on
122 retired status. The minimum continuing education requirements
123 for reactivating a license placed on retired status are those of
124 the most recent biennium plus one-half of the requirements in s.
125 473.312 for each year or part thereof during which the license

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126 was on retired status. Notwithstanding any other provision of
127 this section, the continuing education requirements are 120
128 hours, including at least 30 hours in accounting-related and
129 auditing-related subjects, a minimum of 8 hours of Florida-
130 specific ethics, and not more than 30 hours of behavioral
131 subjects.
132
133 For the purposes of this subsection, the term "retired licensee"
134 means a licensee whose license has been placed in retired status
135 by the department.
136 Section 2. Subsection (9) of section 473.302, Florida
137 Statutes, is amended to read:
138 473.302 Definitions.—As used in this chapter, the term:
139 (9) "Uniform Accountancy Act" means the Uniform
140 Accountancy Act, Eighth Seventh Edition, dated January 2018 May
141 2014 and published by the American Institute of Certified Public
142 Accountants and the National Association of State Boards of
143 Accountancy.
144
145 However, these terms shall not include services provided by the
146 American Institute of Certified Public Accountants or the
147 Florida Institute of Certified Public Accountants, or any full
148 service association of certified public accounting firms whose
149 plans of administration have been approved by the board, to
150 their members or services performed by these entities in

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151 reviewing the services provided to the public by members of
152 these entities.
153 Section 3. This act shall take effect July 1, 2024.

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HB 909
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 909 Pari-mutuel Permitholders
SPONSOR(S): Esposito
TIED BILLS: IDEN./SIM. BILLS: SB 778

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Thompson Anstead
Subcommittee

2) State Administration & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The Florida Gaming Control Commission (Commission) is responsible for exercising all regulatory and
executive powers of the state with respect to gambling, including pari-mutuel wagering, cardrooms, and slot
machine facilities. The Florida Pari-mutuel Wagering Act (Act) provides specific permitting and licensure
requirements for the pari-mutuel industry. Pari-mutuel wagering activities are limited to operators who have
received a permit from the Commission, which is then subject to ratification by county referendum.
Permitholders apply for an operating license annually to conduct pari-mutuel wagering activities. Certain
permitholders are authorized to operate cardrooms and slot machines at their facility.

Each permitholder is required to operate all performances at the date and time specified on its license.
However, the Commission is authorized to approve minor changes in racing dates after a license has been
issued if there is no objection from any operating permitholder that is:
• Conducting live racing or games; and
• Located within 50 miles of the permitholder requesting the changes in operating dates.

Holders of valid pari-mutuel permits for the conduct of any pari-mutuel wagering in this state are entitled to
lease any and all of their facilities, as follows:
• The lease may only be to another holder of a same class valid pari-mutuel permit;
• The permitholders must be located within a 35-mile radius of each other; and
• The lessee is entitled to a permit and license to conduct intertrack wagering and operate its race meet
or jai alai games at the leased premises.

The bill:
• Revises certain references to pari-mutuel “racing” dates to instead reference “performance” dates, in
the provision that authorizes the Commission to approve changes in such dates.
• Removes the restriction that pari-mutuel lease agreements be between holders of the same class
permit.

The bill does not appear to have a fiscal impact on state or local government. The bill may have a positive
fiscal impact on the private sector.

The effective date of the bill is July 1, 2024.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0909.RRS
DATE: 1/30/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

General Overview of Gaming in Florida

Gambling is generally prohibited in Florida, unless specifically authorized. Section 7, Art. X, of the
Florida Constitution prohibits lotteries, other than pari-mutuel pools, from being conducted in Florida.
Chapter 849, F.S., includes prohibitions against slot machines, keeping a gambling house and running
a lottery. However, a constitutional amendment approved by voters in 1986 authorized state-operated
lotteries, and a constitutional amendment in 2004 authorized slot machines in Miami-Dade and
Broward Counties.

The following gaming activities are also authorized by law and regulated by the state:
• Pari-mutuel 1 wagering; 2
• Gaming on tribal reservations in accordance with the Indian Gaming and Regulatory Act and the
2010 Gaming Compact with the Seminole Tribe of Florida;
• Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and
Broward County; 3 and
• Cardrooms 4 at certain pari-mutuel facilities.

Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante
games, 5 bingo, 6 charitable drawings, 7 game promotions (sweepstakes), 8 bowling tournaments, 9 and
skill-based amusement games and machines at specified locations. 10

In 2013, the legislature clarified that Internet café style gambling machines were illegal in the state. The
legislation clarified existing sections of law regarding slot machines, charitable drawings, game
promotions, and amusement machines and created a rebuttable presumption that machines used to
simulate casino-style games in schemes involving consideration and prizes are prohibited slot
machines. 11

In 2015, the legislature determined that the regulation of the operation of skill-based amusement
games and machines would ensure compliance with Florida’s limitations on gambling and prevent the
expansion of casino-style gambling. The legislature clarified regulations related to the operation and
use of amusement games or machines to ensure that regulations would not be interpreted as creating
an exception to the state's general prohibitions against gambling. 12

1
“Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount bet,
after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds
assigned to particular outcomes. See s. 550.002(22), F.S.
2
See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
3
See FLA. CONST., art. X, s. 23, and ch. 551, F.S.
4
S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything of
value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such
facility.”
5
S. 849.085, F.S.
6
S. 849.0931, F.S.
7
S. 849.0935, F.S.
8
S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
9
S. 849.141, F.S.
10
S. 546.10, F.S.
11
Florida House of Representatives Select Committee on Gaming, Final Bill Analysis of 2013 CS/HB 155, p. 1 (Apr. 19, 2013).
12
S. 546.10, F.S.
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DATE: 1/30/2024
Amendment to Florida Constitution Prohibiting Racing of and Wagering on Greyhounds or
Other Dogs

During the 2018 General Election, the voters approved an initiative constitutional amendment,
Amendment 13, Prohibition on Racing of and Wagering on Greyhounds or Other Dogs, which has been
codified in the State Constitution as Article X, Section 32. 13

Article X, Section 32 states:

Prohibition on racing of and wagering on greyhounds or other dogs.—The humane
treatment of animals is a fundamental value of the people of the State of Florida. After
December 31, 2020, a person authorized to conduct gaming or pari-mutuel operations
may not race greyhounds or any member of the Canis Familiaris subspecies in connection
with any wager for money or any other thing of value in this state, and persons in this
state may not wager money or any other thing of value on the outcome of a live dog race
occurring in this state. The failure to conduct greyhound racing or wagering on greyhound
racing after December 31, 2018, does not constitute grounds to revoke or deny renewal of
other related gaming licenses held by a person who is a licensed greyhound permitholder
on January 1, 2018, and does not affect the eligibility of such permitholder, or such
permitholder’s facility, to conduct other pari-mutuel activities authorized by general law. By
general law, the legislature shall specify civil or criminal penalties for violations of this
section and for activities that aid or abet violations of this section.

As of January 1, 2021, wagering on live greyhound racing in Florida is completely prohibited. However,
cardroom and slot machine facilities by such permitholders may continue to operate after the closure of
racing activities.

Pari-mutuel Wagering

Since approximately 1931, pari-mutuel wagering has been authorized in Florida for jai alai, greyhound
racing, and horseracing. These activities are overseen and regulated 14 by the Division of Pari-Mutuel
Wagering (Division) at the Florida Gaming Control Commission (Commission), which is housed within
the Department of Legal Affairs, Office of the Attorney General. 15 The Commission is tasked with
exercising all regulatory and executive powers of the state on all forms of gambling authorized by the
State Constitution or law including pari-mutuel wagering, card rooms, slot machine facilities, and the
oversight of gaming compacts under the federal Indian Gaming Regulatory Act but excluding state
lottery games authorized by the State Constitution. 16

Pari-mutuel Wagering State Revenue

License fees and taxes collected by pari-mutuel wagering permitholders, including slot machine and
cardroom permitholders, are deposited with the Chief Financial Officer, to the credit of the Pari-mutuel
Wagering Trust Fund. Slot machine tax revenue is transferred from the Pari-mutuel Wagering Trust
Fund to the Educational Enhancement Trust Fund to supplement public education funding statewide.
Taxes collected by cardrooms are split between the Pari-mutuel Wagering Trust Fund and the General
Revenue Fund. During the 2022-2023 fiscal year, the pari-mutuel industry operated 447 racing and
gaming days, which resulted in state revenue of $6,291,327, total paid attendance of 61,775, and total
pari-mutuel handle of $469,498,714. 17

13
See the text of Amendment 13, now codified as art. X, s. 32, at
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A10S32 (last visited Jan. 27, 2024).
14
From 1932 to 1969, Florida’s pari-mutuel industry was regulated by the State Racing Commission. In 1970, the commission became
a division within the Department of Business Regulation, which, in 1993, became DBPR.
15
See ss. 16.71-16.716, F.S.
16
S. 16.712, F.S.
17
Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024).
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Pari-mutuel Wagering Live Performance Requirements

Currently, only thoroughbred permitholders are required to conduct live racing. 18 Greyhound
permitholders may not conduct live racing, and jai alai permitholders, harness horse racing
permitholders, or quarter horse racing permitholders may elect not to conduct live racing or games.

A greyhound permitholder, jai alai permitholder, harness horse racing permitholder, or quarter horse
racing permitholder that does not conduct live racing or games: 19
• Retains its permit;
• Is a pari-mutuel facility as defined in s. 550.002(23), F.S.;
• Is eligible, but not required, to be a guest track, and if the permitholder is a harness horse racing
permitholder, is eligible to be a host track for purposes of intertrack wagering and simulcasting
pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305, F.S.; and
• Remains eligible for a cardroom license.

A permitholder or licensee may not conduct live greyhound racing or dogracing in connection with any
wager for money or any other thing of value in the state. The Division is authorized to deny, suspend,
or revoke any permit or license in ch. 550, F.S., for conducting live greyhound racing or dogracing in
violation of this provision. In addition to, or in lieu of, denial, suspension, or revocation of such permit or
license, the Division is authorized to impose a civil penalty of up to $5,000. All penalties imposed and
collected must be deposited with the Chief Financial Officer to the credit of the General Revenue
Fund. 20

Pari-mutuel Wagering Permitting and Licensure

The Florida Pari-mutuel Wagering Act (Act) 21 provides specific permitting and licensing requirements
for the conduct of the pari-mutuel industry. 22 Pari-mutuel wagering activities are limited to operators
who have received a permit from the Division, which is then subject to ratification by county
referendum. 23 Permitholders apply for an operating license annually to conduct pari-mutuel wagering
activities. 24 Certain permitholders are also authorized to operate cardrooms 25 and slot machines at their
facility. 26

During Fiscal Year 2021-2022, the following 39 pari-mutuel permitholders were licensed to operate: 27
• Nineteen Greyhound Racing permits.
• Three Thoroughbred Horse Racing permits.
• One Harness Horse Racing permit.
• Six Quarter Horse Racing permits.
• Ten Jai-Alai permits.

The Division is authorized to revoke or suspend any permit or license upon the willful violation by the
permitholder or licensee of any provision of the Act, or any administrative rule adopted by the Division,
and may impose a civil penalty against the permitholder or license up to $1,000 for each offense. 28

During Fiscal Year 2022-2023, the Division issued 22 rulings and five consent orders with assessed
fines and/or imposed license suspensions for violations. 29

18
S. 550.01215(1)(b)1., F.S.
19
Id.
20
S. 550.01215(1)(b)2., F.S.
21
Ch. 550, F.S.
22
S. 550.054(1), F.S.
23
S. 550.054(2), F.S.
24
S. 550.0115, F.S.
25
S. 849.086, F.S.
26
S. 551.104, F.S.
27
Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024).
28
S. 550.054(9)(b), F.S.
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Pari-mutuel Wagering License Restrictions

The Act generally requires that any transfer or assignment of a permit receive prior approval 30 by the
commission, which must determine the eligibility 31 of persons and entities to hold a permit. Similarly, if
a permit is held by a corporation or business entity other than an individual, the transfer of ten percent
or more of the stock or other evidence of ownership or equity in the permitholder may not be made
without the prior approval of the transferee by the commission. 32

The Act provides restrictions on which persons and entities (including but not limited to employees,
officers and directors, partners, and owners of the permitholder) may hold permits, based on whether
they are of “good moral character,” or have been convicted of a disqualifying felony 33 or for
bookmaking. 34

The Act restricts pari-mutuel permitholders from being issued an operating license to conduct pari-
mutuel wagering, slot machine gaming, or the operation of a cardroom if the permitholder did not hold
an operating license for the conduct of pari-mutuel wagering for Fiscal Year 2020-2021. 35

The Act restricts pari-mutuel permitholders from holding a permit to conduct pari-mutuel wagering
and associated cardroom or slot machine licenses 36 unless the permitholder, other than a limited
thoroughbred permitholder, held an operating license for the conduct of pari-mutuel wagering for Fiscal
year 2020-2021. 37

The Act specifies that permits held on January 1, 2021 are deemed valid, 38 but new permits for pari-
mutuel wagering may not be approved or issued. 39

The commission is required to revoke the permit of any permitholder, other than a limited thoroughbred
permitholder, who did not hold an operating license for the conduct of pari-mutuel wagering for fiscal
year 2020-2021. A permit revoked under this provision is void and may not be reissued. 40

Relocation

Certain permitholders may relocate the location listed in their permit to a new location within 30
miles. Greyhound and jai alai permitholders operating in counties where they are the only permitholder
of that class may relocate. 41 Greyhound permitholders that converted their permit from a jai alai permit

29
Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, https://flgaming.gov/pmw/annual-reports/docs/2022-
2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 12, 2024).
30
There is one exception to the prior-approval requirement in s. 550.054(11)(a), F.S., which is that the holder of a permit converted to
a jai alai permit “may lease or build anywhere within the county in which its permit is located.” As of 2021, such conversions are
prohibited. See s. 550.054(15)(d), F.S.
31
See s. 550.1815, F.S
32
S. 550.054(11)(b), F.S.
33
Pursuant to s. 550.1815(1)(b), F.S., the following are disqualifying felonies: (1) a felony in Florida; (2) any felony in any other state
which would be a felony if committed in Florida under the laws of this state; (3) any felony under the laws of the United States; or (4)
a felony under the laws of another state if related to gambling which would be a felony under Florida law if the offense was committed
in Florida.
34
The term “bookmaking” is defined in s. 849.25, F.S., to mean “the act of taking or receiving, while engaged in the business or
profession of gambling, any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of human, beast,
fowl, motor vehicle, or mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event whatsoever.”
35
S. 550.01215(1)(d), F.S.
36
Under s. 551.114(4), F.S., designated slot machine gaming areas must be located at the address specified in the licensed
permitholder's slot machine license issued for Fiscal Year 2020-2021.
37
S. 550.054(15)(a), F.S.
38
S. 550.054(15)(b), F.S.
39
S. 550.054(15)(c), F.S.
40
S. 550.054(9)(c), F.S.
41
S. 550.0555, F.S.
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DATE: 1/30/2024
may relocate, and a greyhound permitholder in a county where it is the only permitholder who operates
at a leased facility may also relocate. 42

In each of these cases, the relocation must not cross county boundaries and must be approved
under the local zoning regulations. Approval by the Division is required for these relocations.

Conversion

A permit to conduct pari-mutuel wagering may not be converted to another class of permit. 43

Changes in Racing Dates

The Commission is required to issue each license no later than March 15, and each permitholder is
required to operate all performances at the date and time specified on its license. However, the
Commission is authorized to approve minor changes in racing dates after a license has been issued if
there is no objection from any operating permitholder that is: 44
• Conducting live racing or games; and
• Located within 50 miles of the permitholder requesting the changes in operating dates.

If a permitholder objects, the Commission is required to approve or disapprove the change in operating
dates based upon the impact on operating permitholders located within 50 miles of the permitholder
requesting the change in operating dates. 45

In making the determination to change racing dates, the Commission is required to take into
consideration the impact of such changes on state revenues. 46

Lease of Pari-mutuel Facilities

Holders of valid pari-mutuel permits for the conduct of any pari-mutuel wagering in this state are entitled
to lease any and all of their facilities, as follows: 47
• The lease may only be to another holder of a same class valid pari-mutuel permit;
• The permitholders must be located within a 35-mile radius of each other; and
• The lessee is entitled to a permit and license to conduct intertrack wagering and operate its race
meet or jai alai games at the leased premises.

Effect of Proposed Changes

Changes in Racing Dates

The bill changes references to “racing” dates to instead reference “performance” dates.

Lease of Pari-mutuel Facilities

The bill removes the requirement that such agreements be between holders of the same class of
permit.

B. SECTION DIRECTORY:
Section 1: Amends s. 550.01215, F.S., relating to license application; periods of operation; license
fees; bond.

42
S. 550.054, F.S.
43
S. 550.054(15)(d), F.S.
44
S. 550.01215(3), F.S.
45
Id.
46
Id.
47
S. 550.475, F.S.
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DATE: 1/30/2024
Section 2: Amends s. 550.475, F.S., relating to lease of pari-mutuel facilities by pari-mutuel
permitholders.

Section 3: Provides an effective date of July 1, 2024.

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 removes the limitation that the lease of pari-mutuel facilities only be allowed for holders of the
same class pari-mutuel permit. This may create a positive fiscal impact to the businesses that are
currently restricted from participating in such lease agreements.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

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DATE: 1/30/2024
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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DATE: 1/30/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 909 2024

1 A bill to be entitled
2 An act relating to pari-mutuel permitholders; amending
3 s. 550.01215, F.S.; revising provisions to allow
4 changes to performance dates; amending s. 550.475,
5 F.S.; revising provisions limiting leasing of pari-
6 mutuel facilities to permitholders of the same class;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (3) of section 550.01215, Florid a
12 Statutes, is amended to read:
13 550.01215 License application; periods of operation;
14 license fees; bond.—
15 (3) The commission shall issue each license no later than
16 March 15. Each permitholder shall operate all performances at
17 the date and time specified on its license. The commission shall
18 have the authority to approve minor changes in performance
19 racing dates after a license has been issued. The commission may
20 approve changes in performance racing dates after a license has
21 been issued when there is no objection from any operating
22 permitholder that is conducting live racing or games and that is
23 located within 50 miles of the permitholder requesting the
24 changes in operating dates. In the event of an objection, the
25 commission shall approve or disapprove the change in operating

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hb0909-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 909 2024

26 dates based upon the impact on operating permitholders located
27 within 50 miles of the permitholder requesting the change in
28 operating dates. In making the determination to change racing
29 dates, the commission shall take into consideration the impact
30 of such changes on state revenues.
31 Section 2. Section 550.475, Florida Statutes, is amended
32 to read:
33 550.475 Lease of pari-mutuel facilities by pari-mutuel
34 permitholders.—Holders of valid pari-mutuel permits for the
35 conduct of any pari-mutuel wagering in this state are entitled
36 to lease any and all of their facilities to any other holder of
37 a same class valid pari-mutuel permit, when located within a 35-
38 mile radius of each other; and such lessee is entitled to a
39 permit and license to conduct intertrack wagering and operate
40 its race meet or jai alai games at the leased premises.
41 Section 3. This act shall take effect July 1, 2024.

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hb0909-00
HB 1021
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1021 Community Associations
SPONSOR(S): Lopez, V. and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1178

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee

2) State Administration & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Related to community association managers (CAMs) and CAM firms, the bill:
• Requires a CAM to return all community association records in its possession within 20 days of
termination of services agreement or a written request whichever occurs first.
• Provides conflict of interest disclosure requirements and a process for associations to follow when
approving contracts with a CAM or a relative that may present a conflict of interest.

Related to official records, the bill:
• Provides that on January 1, 2026, condominium associations with 25 units or more will be required
maintain specified records available for download on the association’s website or by an application on a
mobile device.
• Requires associations to maintain additional accounting records (e.g., invoices and other
documentation that substantiates any receipt or expenditure).
• Permits associations to fulfill records requests by directing unit owners to the records that are posted on
the association’s website.
• Provides criminal penalties related to the association refusing to release or destroy official records.

The bill:
• Provides criminal penalties for accepting a kickback and for fraudulent voting activities.
• Requires directors to annually complete continuing education on recent changes to the condominium
laws and rules.
• Requires a residential condominium association of 10 or more units to meet at least four times a year
for the purpose of responding to inquiries from members and informing members on the state of
condominium.
• Allows the board with regard to the structural integrity reserve study to recommend a temporary pause
in the reserve funding or reduced funding in certain circumstances.
• Provides a process for the board to secure a line of credit and assess a contingent special assessment
to fund repairs.
• Requires the Division of Condominiums, Timeshares and Mobile Homes to conduct random audits of
community associations, give its employees the right to attend board meetings, and require them to
refer suspected criminal activity to law enforcement agencies.

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

The bill has an effective date of July 1, 2024, unless otherwise expressly provided.

FULL ANALYSIS

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

A. EFFECT OF PROPOSED CHANGES:
Community Associations – Background

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).

Community Association Managers- Current Situation

Community association managers (CAMs) are licensed and regulated by the Department of Business
and Professional Regulation (DBPR) pursuant to part VIII of ch. 468, F.S. Community association
managers are regulated by the seven-member Regulatory Council of Community Association
Managers at DBPR. 1

Section 468.431(2), F.S., defines “community association management” to mean:

any of the following practices requiring substantial specialized knowledge, judgment, and
managerial skill when done for remuneration and when the association or associations
served contain more than 10 units or have an annual budget or budgets in excess of
$100,000: controlling or disbursing funds of a community association, preparing budgets
or other financial documents for a community association, assisting in the noticing or
conduct of community association meetings, and coordinating maintenance for the
residential development and other day-to-day services involved with the operation of a
community association.

A license is not required for a person who:
• Performs clerical or ministerial functions under the direct supervision and control of a licensed
manager, or
• Performs only the maintenance of a community association and does not assist in any of the
management services. 2

To become licensed as a CAM, a license applicant must:
• Submit to a background check to determine good moral character,
• Attend a DBPR-approved in-person training prior to taking the examination, and
• Pass the licensure examination. 3

CAMs must also complete not more than 10 hours of continuing education hours as approved by the
council to renew and maintain their licenses. 4

Section 468.4334, F.S., outlines the professional practice standards for CAMs and CAM firms, including
the duty to “discharge the duties performed on behalf of the association as authorized by [ch. 468,

1 S. 468.4315(1), F.S.
2 S. 468.431(2), F.S.
3 S. 468.433, F.S.
4 S. 468.4336 and 468.4337, F.S.
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F.S.], loyally, skillfully, and diligently; dealing honestly and fairly; in good faith; with care and full
disclosure to the community association; accounting for all funds; and not charging unreasonable or
excessive fees.”

The license of a CAM or CAM firm may be disciplined, including a suspension or revocation of their
license, or denial of a license renewal, for the grounds specified in s. 468.436, F.S., including:
• Committing acts of gross misconduct or gross negligence in connection with the profession.
• Contracting, on behalf of an association, with any entity in which the CAM has a financial interest
that is not disclosed.
• Violating any provision of chapter 718 (relating to condominiums), chapter 719 (relating to
cooperatives), or chapter 720 (relating to homeowners’ associations) during the course of
performing community association management services pursuant to a contract with a community
association. 5

Community Association Managers- Effect of the Bill

Return of Official Records

The bill provides additional professional practice standards for CAMs and CAM firms. The bill requires
CAMs and CAM firms to return all community association official records in its possession within 20
days of termination of a contractual agreement to provide CAM services or a written request for the
return of the official records, whichever occurs first.

Failure of a CAM or a CAM firm to timely return all of the official records within its possession to the
community association creates a rebuttable presumption that such CAM or CAM firm willfully failed to
comply. If the CAM or CAM firm fails to timely return the applicable official records to the community
association, the CAM or CAM firm will be subjected to:
• suspension of its license under s. 468.436, F.S., and
• a civil penalty of $1,000 per day (up to 10 days) which is assessed beginning on the 21st day after
the termination of a contractual agreement receipt of a written request from the association for
return of the records.

Conflicts of Interest

The bill creates a conflict of interest disclosure process for CAMs and CAM firms, including directors,
officers, persons with a financial interest in a CAM firm, and the relatives 6 of such persons (collectively
used as “individual” under this subheading). The bill provides that individuals must disclose to the
community association any activity that may reasonably be construed to be a conflict of interest.

If any of the following exist without providing prior notice, there is a presumption that there is a conflict
of interest unless proven otherwise:
• An individual enters into a contract for good or services with the association.
• An individual holds an interest in a business entity that conducts business with the association or
proposes to enter a contract or other transaction with the association. The business entities
include:
o A corporation;
o Limited liability corporation;
o Partnership;
o Limited liability partnership; or
o Other business entity.

Under the bill, if the association receives and considers a bid to provide a good or service, other than a
CAM service, from an individual with a financial interest in the community association, the association
must also consider at least three bids from other third-party providers of such good or service.

5 S. 468.436(2)(b)5.-7., F.S.
6 The term “relative” in the bill means a relative within the third degree of consanguinity by blood or by marriage.
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If an individual discloses that he or she engages in an activity that is a conflict of interest as described
above:
• Such activity must be listed on all contracts;
• Transactional documents related to the proposed activity must be attached to the meeting agenda
of the next board meeting; and
• The disclosures of a possible conflict of interest must be entered into the written minutes of the
meeting.

The bill provides that a contract or other transaction with a possible conflict of interest must be
approved by an affirmative vote of two-thirds of all other directors present.

Moreover, the bill provides that the contract or other transaction with a possible conflict of interest must
be disclosed to the members at the next regular or special meeting. The bill allows any of the members
to bring such contract or other transaction to a vote and allows such contract or other transaction to be
canceled by a majority vote of the present members. If such contract is canceled, the association:
• would only be liable for the reasonable value of the goods and services provided up to the time of
cancellation, and
• would not be liable for any termination fees, liquidated damages, or other form of penalty for such
cancellation.

The bill provides a procedure for terminating a contract if a conflict of interest was not properly
disclosed. The bill provides that a contract is voidable and terminates upon the association filing a
written notice of the termination of the contract with its board of directors and the notice must contain
the consent of at least 20 percent of the voting interests of the association if:
• an association enters a contract with an individual or the individual has an interest in an activity
that is a possible conflict of interest, and
• such activity has not been properly disclosed as a conflict of interest or potential conflict of interest.

The bill revises the disciplinary grounds for CAMs and CAM firms to provide a disciplinary ground on
the basis of a CAM or CAM firm’s failure to disclose a conflict of interest as required by s. 468.4335,
F.S.

The bill makes conforming changes.

Condominiums and Cooperatives Background

Condominiums

A condominium is a form of real property ownership created under ch. 718, F.S., the “Condominium
Act.” Persons own condominium units along with an undivided right of access to the condominium’s
common elements. 7 A condominium is created by recording a declaration of condominium, which
governs the relationship between condominium unit owners and the condominium association, in the
public records of the county where the condominium is located. 8 All unit owners are members of the
condominium association, and the association is responsible for common elements operation and
maintenance. 9 The condominium association is overseen by an elected board of directors, commonly
referred to as a “board of administration,” which is responsible for the association’s administration. 10

Cooperatives

A cooperative is a form of property ownership created under ch. 719, F.S., the “Cooperative Act,” in
which the real property is owned by the cooperative association and individual units are leased to the

7
S. 718.103(11), F.S.
8
S. 718.104(2), F.S.
9 S. 718.103(2), F.S.
10 S. 718.103(4), F.S.
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residents, who own shares in the association. 11 The lease payment amount is the pro-rata share of the
cooperative’s operational expenses. Cooperatives operate similarly to condominiums, and the laws
regulating cooperatives are largely identical to those regulating condominiums.

Fiduciary Relationship

Board members and officers of a condominium or cooperative association have a fiduciary relationship
with the unit owners in their condominium or cooperative. This fiduciary relationship requires board
members and officers to act in good faith and in the best interests of the unit owners. Under the
“business judgment rule,” the board must act within the scope of its authority, in a reasonable manner,
and must perform its duties with the care and responsibility that an ordinarily prudent person would
exercise under similar circumstances. 12

Board members and officers can be the subject of a cause of action for a breach of their fiduciary duty.
However, a person bringing such action must prove that the board member or officer had a fiduciary
duty that was breached that caused damages and rose to the level of criminal activity, fraud, self-
dealing, unjust enrichment, or other improper personal benefit. 13

To determine if a board member or officer breached his or her fiduciary duty, Florida courts look to see
if the board member or officer violated the business judgment rule by determining if the association had
the contractual or statutory authority to perform the relevant act and if the decision was reasonable. The
business judgment rule generally will protect association board members and officers, as long those
board members or officers act within the scope of their authority and in a reasonable manner. 14

It is a breach of a board member or officer’s fiduciary duty if an association fails to complete a
milestone inspection or structural integrity reserve study.

Condominium Associations

Official Records - Current Situation

Florida law specifies certain official records that condominium associations must permanently maintain
from the inception of the association. These records include: 15
• A copy of the plans, permits, warranties, and other items provided by the developer.
• A photocopy of the recorded declaration of condominium of each condominium operated by the
association and each amendment to each declaration.
• A photocopy of the recorded bylaws of the association and each amendment to the bylaws.
• A certified copy of the articles of incorporation of the association, or other documents creating the
association, and each amendment thereto.
• A copy of the current rules of the association.
• A book or books that contain the minutes of all meetings of the association, the board of
administration, and the unit owners.
• A current roster of all unit owners and their mailing addresses, unit identifications, voting
certifications, and, if known, telephone numbers. The association shall also maintain the e-mail
addresses and facsimile numbers of unit owners consenting to receive notice by electronic
transmission. The e-mail addresses and facsimile numbers are not accessible to unit owners if
consent to receive notice by electronic transmission is provided.
• All current insurance policies of the association and condominiums operated by the association.

11 S. 719.103(2), (26), F.S.
12 S. 718.111(1), F.S.
13 Harris B. Katz, Condo column: Can board members be sued and how can an association remove a director?, TC Palm

(Oct. 17, 2019) https://www.tcpalm.com/story/news/local/florida/2019/10/17/can-condo-board-members-sued-and-how-
can-association-remove-director/3907749002/ (last visited Jan. 29, 2024).
14 Id.; Hollywood Towers Condominium Association v. Hampton, 40 So. 3d 784, 787 (Fla. 4th DCA 2010).
15 See s. 718.111(12), F.S.
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• A current copy of any management agreement, lease, or other contract to which the association is
a party or under which the association or the unit owners have an obligation or responsibility.
• Bills of sale or transfer for all property owned by the association.

Generally, other official records must be maintained for at least 7 years. These records include:
• Accounting records for the association and separate accounting records for each condominium
that the association operates.
• Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting
by unit owners, which must be maintained for 1 year from the date of the election, vote, or meeting
to which the document relates.
• All rental records if the association is acting as agent for the rental of condominium units.
• A copy of the current question and answer sheet as described in s. 718.504, F.S.
• A copy of the milestone inspection and turnover inspection reports and any other inspection report
relating to a structural or life safety inspection of condominium property. Such record must be
maintained by the association for 15 years after receipt of the report.
• Bids for materials, equipment, or services.
• All affirmative acknowledgments made pursuant to s. 718.121(4)(c), F.S.
• All other written records of the association 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. 16

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.
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. An
owner who is denied access to the records is entitled to damages and costs. 17

Any person who knowingly or intentionally defaces or destroys accounting records that were required to
be maintained for a certain period of time, or who knowingly or intentionally fails to create or maintain
accounting records with the intent of causing harm to the association or one or more of its members, is
subject to a civil penalty. 18

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 in an electronic format viewable on a computer screen. 19 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. 20

However, the following records are not available for inspection by owners: 21
• 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.

16 S. 718.111(12)(b)-(c), F.S.
17 Id.
18 S. 718.111(12)(c)2., F.S.
19 Id.
20 Ss. 718.111(12)(b), and (g), F.S.
21 S. 718.111(12)(c), F.S.
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If a unit owner presents the Division with evidence that the association has failed or has refused to
respond to two official records requests, the Division must issue a subpoena requiring the production of
the requested records where the records are located. 22

Official Records – Effect of the Bill

The bill allows an association to fulfill its obligation to let people copy and inspect official records if:
• The requested records are posted on the website, and
• The association directs all persons authorized to request access to the official records.

The bill provides that on January 1, 2026, a condominium association with 25 or more units, instead of
150 or more units, is required to post digital copies of specified documents on its website or make such
documents available through an application that can be downloaded on a mobile device.

The bill clarifies that the e-mail addresses and facsimile numbers are only accessible to unit owners if
consent to receive notice by electronic transmission is provided.

The bill provides that accounting records include:
• All invoices,
• Transaction receipts,
• Deposit slips, or
• Other underlying documentation that substantiates any receipt or expenditure of funds by the
association.

The bill requires that the official records must be maintained in an organized manner that makes the
inspection of the records easier for the unit owner. The bill provides that the obligation for an
association to maintain records includes the obligation to:
• Obtain, and
• Recreate those records that are lost, destroyed, or otherwise unavailable.

Under the bill, the association must provide a checklist of the available official records for copying and
inspecting and the records that are not available when a person provides a written request to inspect
records. The checklist must also be accompanied by a sworn affidavit in which the person facilitating or
handling the association's compliance with the request attests to the veracity of the checklist provided
to the requestor. This checklist must be maintained for 7 years. An association delivering a checklist
and affidavit creates a rebuttable presumption that the association has complied.

The bill provides criminal penalties for the association refusing to release or destroy official records.
These include:
• A second-degree misdemeanor for any director or member of the board or association to
knowingly, willfully, and “repeatedly” 23 violate any specified requirements relating to inspection
and copying of official records of an association.
• A first-degree misdemeanor, instead of being subject to a civil penalty, for a person who:
o knowingly or intentionally defaces or destroys accounting records that were required to
be maintained for a certain period of time, or
o who knowingly or intentionally fails to create or maintain accounting records with the
intent of causing harm to the association or one or more of its members.
• A third-degree felony for willfully and knowingly refusing to release or otherwise produce
association records with the intent to avoid or escape detection, arrest, trial, or punishment for
the commission of a crime, or to assist another person with such avoidance or escape.

The bill makes conforming changes.

22 S. 718.501(1)(d)7., F.S.
23 In the bill, “repeatedly” means two or more violations within a 12-month period.
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The bill requires the Division to provide the official records to the unit owner at no charge when the
association has failed to or refused to respond to a unit owner’s record requests.

Association Meetings- Current Situation

Meetings of the board of administration at which a quorum of the members is present are open to all
unit owners. The right to attend such meetings includes the right to speak at such meetings with
reference to all designated agenda items. The Division shall adopt reasonable rules governing the tape
recording and videotaping of the meeting. The association may adopt written reasonable rules
governing the frequency, duration, and manner of unit owner statements. Adequate notice of all board
meetings, which must specifically identify all agenda items, must be posted conspicuously on the
condominium property at least 48 continuous hours before the meeting except in an emergency. 24

Association Meetings- Effect of the Bill

Under the bill, the board of a residential condominium association of more than 10 units, the board
must meet at least four times each year for the purpose of responding to inquiries from members and
informing members on the state of the condominium, including:
• The status of construction or repair projects;
• The status of the association's revenue and expenditures during the fiscal year; or
• Other issues affecting the association.

The bill provides that if an agenda item relates to the approval of a contract for goods or services, a
copy of the contract must be provided with the notice of the meeting.

Powers and Duties of Officers and Directors- Current Situation

Breaches of a Fiduciary Duty and Prohibited Acts

Officers and directors of a condominium association have a fiduciary relationship to the unit owners,
and may be sanctioned for breach of their fiduciary duty. “An officer [or director] may be liable to the
association members for breaches of trust, fraud, negligence, 25 and he or she may be subject to
removal from office and other civil penalties imposed by the Division of Florida Condominiums,
Timeshares, and Mobile Homes for a willful and knowing violation of Condominium Act or a rule of the
Division. 26” 27

An officer, director, or agent is liable for monetary damages as provided in s. 617.0834, F.S., if such
officer, director, or agent breaches or fails to perform his or her duties. The breach of, or failure to
perform, such duties constitutes:
• A violation of criminal law as provided in s. 617.0834, F.S.;
• A transaction from which the officer or director derived an improper personal benefit, either directly
or indirectly; or
• Recklessness 28 or an act or omission that was in bad faith, with malicious purpose, or in a manner
exhibiting wanton and willful disregard of human rights, safety, or property.

An officer, director, or manager may not solicit, offer to accept, or accept anything or service of value or
a kickback for which consideration has not been provided for the benefit of such person or immediate

24 S. 718.112(2)(c), F.S.
25 S. 718.111(1)(d), F.S.
26 Id.
27 Peter M. Dunbar, The Condominium Concept, Pineapple Press (2022), p. 94.
28 S. 617.0834(2)(a), F.S. defines “recklessness” as the acting, or omission to act, in conscious disregard of a risk:

• Known, or so obvious that it should have been known, to the officer or director; and
Known to the officer or director, or so obvious that it should have been known, to be so great as to make it highly probable
that harm would follow from such action or omission.
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family members from any person providing or proposing to provide goods or services to the
association. 29

Any such officer, director, or manager who knowingly solicits, offers to accept, or accepts anything or
service of value or kickback is subject to a civil penalty pursuant to s. 718.501(1)(d), F.S., and, if
applicable, a criminal penalty as provided in s. 718.111(1)(d), F.S.

Moreover, any person who knowingly or intentionally defaces or destroys accounting records that are
required to be maintained during the period for which such records are required to be maintained, or
who knowingly or intentionally fails to create or maintain accounting records that are required to be
created or maintained, with the intent of causing harm to the association or one or more of its members,
is personally subject to a civil penalty 30.

Criminal Penalties

A directors and officers are subject to criminal penalties for the following:
• A third-degree felony for forgery of a ballot envelope or voting certificate used in a condominium
association election; and 31
• Theft or embezzlement of funds of a condominium association is punishable as provided in s.
812.014, F.S.

Removal from Office

A director or officer charged with a felony theft or embezzlement offense involving the association's
funds or property must be removed from office, creating a vacancy in the office to be filled according to
law until the end of the period of the suspension or the end of the director's term of office, whichever
occurs first. While such director or officer has such criminal charge pending, he or she may not be
appointed or elected to a position as a director or officer. However, if the charges are resolved without a
finding of guilt, the director or officer will be reinstated for the remainder of his or her term of office, if
applicable. 32

Directors or officers charged with forgery of a ballot envelope or voting certificate, theft or
embezzlement of association funds, and destruction of or refusal to allow inspection or copying of
association records must be removed from office, and the vacancy 33 must be filled until the end of the
officer’s or director’s period of suspension or the end of his or her term of office, whichever occurs first.
If a criminal charge is pending against the officer or director, he or she may not be appointed or elected
to a position as an officer or a director of any association and may not have access to the official
records of any association, except pursuant to a court order. However, if the charges are resolved
without a finding of guilt, the officer or director must be reinstated for the remainder of his or her term of
office, if applicable.

Debit Card Usage

An association and its officers, directors, employees, and agents may not use a debit card issued in the
name of the association, or billed directly to the association, for the payment of any association
expense. 34Use of a debit card issued in the name of the association, or billed directly to the
association, for any expense that is not a lawful obligation of the association may be prosecuted as
credit card fraud. 35

29 S. 718.111(1)(a), F.S.
30 S. 718.111(12)(c)2., F.S., see also, s. 718.501(1), F.S.
31 S. 718.111(1)(d), F.S.
32 S. 718.112(2)(q), F.S.
33 Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director's term must be filled

by electing a new board member, and the election must be by secret ballot. An election is not required if the number of
vacancies equals or exceeds the number of candidates. See s. 718.112(2)(d)2., F.S.
34 S. 718.111(15)(a), F.S.
35 S. 718.111(15)(b), F.S.
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Officers and Directors- Effect of the Bill

Criminal Penalties

In addition to current requirements, the bill provides that an association officer, director, or CAM that
accepts a kickback commits a third-degree felony.

The bill provides that each of the following actions relating to condominium association elections is a
fraudulent voting activity and constitutes a misdemeanor of the first degree:
• Willfully and falsely swearing to or affirming an oath or affirmation, or willfully procuring another
person to falsely swear to or affirm an oath or affirmation, in connection with or arising out of voting
activities.
• Perpetrating or attempting to perpetrate, or aiding in the perpetration of, fraud in connection with a
vote cast, to be cast, or attempted to be cast.
• Preventing a member from voting, or preventing a member from voting as he or she intended, by
fraudulently changing or attempting to change a ballot, ballot envelope, vote, or voting certificate of
the member.
• Menacing, threatening, or using bribery or any other corruption to attempt, directly or indirectly, to
influence, deceive, or deter a member when voting.
• Giving or promising, directly or indirectly, anything of value to another member with the intent to
buy the vote of that member or another member or to corruptly influence that member or another
member in casting his or her vote. This provision does not apply to any food served which is to be
consumed at an election rally or a meeting or to any item of nominal value which is used as an
election advertisement, including a campaign message designed to be worn by a member.
• Using or threatening to use, either directly or indirectly, force, violence, or intimidation or any tactic
of coercion or intimidation to induce or compel a member to vote or refrain from voting in an
election or on any particular ballot measure.

In addition, the bill provides that the following actions relating to condominium association elections are
fraudulent voting activities and constitute a misdemeanor of the first degree:
• Knowingly aiding, abetting, or advising a person in the commission of a fraudulent voting activity
related to association elections.
• Agreeing, conspiring, combining, or confederating with at least one other person to commit a
fraudulent voting activity related to association elections.
• Having knowledge of a fraudulent voting activity related to association elections and giving any aid
to the offender with intent that the offender avoid or escape detection, arrest, trial, or punishment.
This does not apply to a licensed attorney giving legal advice to a client.

Removal from Office

The bill expands the criminal offenses for which an officer or director charged by information or
indictment must be removed from office to include:
• Forgery of a ballot envelope or voting certificate used in a condominium association election
punishable as a felony crime as provided in s. 831.01, F.S.; and
• Destruction of or refusal to allow inspection or copying of an official record of a condominium
association that is accessible to unit owners within the time periods required by general law in
furtherance of any crime which is punishable as tampering with physical evidence as provided in s.
918.13, F.S., or as obstruction of justice as provided in ch. 843, F.S.

Under the bill, if a criminal charge is pending against an officer or director, he or she may not have
access to the official records of any association, except pursuant to a court order.

Debit Card Usage

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The bill provides that a person using a debit card that is issued to the association or billed the
association for any expense that is not a lawful obligation of the association commits theft under s.
812.014, F.S, instead of being prosecuted as credit card fraud.

The bill defines “lawful obligation of the association” as an obligation that has been properly
preapproved by the board and is reflected in the meeting minutes or the written budget.

Director Education- Current Situation

Newly elected or appointed directors of the board of a residential condominium association are required
to complete an educational curriculum or written certification. Within 90 days after being elected or
appointed, a newly elected or appointed director for a condominium must certify that he or she: 36
• Has read the declaration of condominium for all condominiums operated by the association and
the declaration of condominium, articles of incorporation, bylaws, and current written policies;
• Will work to uphold such documents and policies to the best of his or her ability; and
• Will faithfully discharge his or her fiduciary responsibility to the association’s members.

As an alternative to a written certification, the newly elected or appointed director may submit a
certificate of satisfactory completion of the educational curriculum within one year before the election or
90 days after the election or appointment. 37 The curriculum must be administered by a condominium
education provider approved by the Division. 38 A certification is valid and does not have to be
resubmitted as long as the director continuously serves on the board.

A board member is suspended from service on the board until he or she files the written certification or
submits a certificate of completion of the educational curriculum. 39 If a suspension occurs, the board
may temporarily fill the vacancy during the period of suspension. The secretary of the association must
keep the written certification or educational certificate for inspection by the members for five years after
a board director’s election or the duration of the director’s uninterrupted tenure, whichever is longer. 40
The validity of any action by the condominium board is not affected by the association’s failure to have
the certification on file. 41

Director Education- Effect of the Bill

The bill provides that:
• An existing director and a newly elected or an appointed director is required to submit both the
writing certification and a certificate of completing the educational curriculum.
• Such educational curriculum may also be administered by the Division.
• A director of a residential condominium that was elected or appointed before July 1, 2024 must
comply with the written certification and educational certificate requirement by June 2025.
• The written certification and educational certificate are valid for 7 years after the date of
issuance and does not have to be resubmitted as long as the director serves on the board without
interruption during a 7-year period.
• A director who is appointed by the developer may satisfy the educational certificate requirement for
any subsequent appointment to a board by a developer within 7 years after the date of issuance of
the most recent educational certificate, including any interruption of service on a board or
appointment to a board in another association within that 7-year period.
• After the certificates are submitted, directors are required to annually submit to the secretary of the
association a certificate of having satisfactorily completed an educational curriculum administered

36 S. 718.112(2)(d)4.b., F.S.
37 The Division’s Internet site provides a listing of approved educational providers for the certification of board members.

See Department of Business and Professional Regulation, Condominium & Cooperatives – Education, available at:
http://www.myfloridalicense.com/DBPR/condominiums-and-cooperatives/education/ (last visited Jan. 30, 2024).
38 S. 718.112(2)(d)4.b., F.S.
39 Id.
40 Id.
41 Id.
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by the Division, or Division-approved condominium education provider, relating to any recent
changes.

Conflicts of Interest for Directors and Officers- Current Situation

An officer or director of an association, and their relatives, must disclose to the board any activity that
may be construed as a conflict of interest. A rebuttable presumption of a conflict of interest exists if,
without prior notice: 42
• Any director, officer, or relative 43 of a director or officer enters into a contract for goods or
services with the association; or
• Any director, officer, or relative holds an interest in a corporation, limited liability corporation,
partnership, limited liability partnership, or other business entity that conducts business with the
association or proposes to enter into a contract with the association.

Timeshare condominiums are exempted from this provision. 44

If a director, officer, or relative of a director or officer proposes to engage in an activity that is a conflict
of interest, the proposed activity must be listed on the meeting agenda and all contracts and
transactional documents for the proposed activity must attached to the meeting agenda. The board
must provide all these documents to the unit owners as well. 45The interested director or officer may
attend the meeting at which the contract is considered and may make a presentation to the board
regarding the activity. After the presentation, the director, officer, or relative must leave the room. Any
director or officer who has an interest in the contract must recuse himself or herself from the vote. 46
Approval of the contract or other transaction requires an affirmative vote of two-thirds of all other
directors present. 47

If the board rejects the proposed contract, the director, officer, or relative must notify the board in
writing of his or her intent not to pursue the contract further or the director or officer must withdraw from
office. If the board finds that a director or officer has not notified it of his or her intent to pursue the
contract further, the officer or director is deemed removed from office, and the vacancy must be filled
according to general law, 48

Any contract entered into between any director, officer, or relative that is not properly noticed before
consideration by the board is voidable. The contract is terminated upon the filing of a written notice
terminating the contract with the board of directors which contains the consent of at least 20 percent of
the voting interests of the association. 49

Conflicts of Interest for Directors and Officers- Effect of the Bill

The bill provides that the attendance of a director or an officer with a possible conflict of interest at the
meeting of the board counts for purposes of quorum for the meeting. However, the vote on such
matters containing a possible conflict of interest must occur in his or her absence on the proposed
activity.

42 S. 718.3027(1), F.S.
43 “Relative” means in s. 718.3027, F.S. a relative within the third degree of consanguinity by blood or marriage.
44 S. 718.3027(5), F.S.
45 See s. 718.3027(2), F.S. “Upon motion of any member, the contract or transaction shall be brought up for a vote and

may be canceled by a majority vote of the members present. If the contract is canceled, the association is only liable for
the reasonable value of the goods and services provided up to the time of cancellation and is not liable for any termination
fee, liquidated damages, or other form of penalty for such cancellation.”
46 S. 718.3027(4), F.S.
47 S. 718.3027(2), F.S.
48 S. 718.3027(3), F.S.
49 S. 718.3027(5), F.S.
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Structural Integrity Reserve Study and Reserves – Current Situation

A reserve study is a budget-planning tool for community associations. Generally, a reserve study
consists of the following two parts: physical analysis and financial analysis. 50

In Florida law, "structural integrity reserve study" (SIRS) means a study of the reserve funds required
for future major repairs and replacement of the common areas based on a visual inspection of the
common areas. A SIRS may be performed by any person qualified to perform such study. However, the
visual inspection portion of the SIRS must be performed by a: 51
• Licensed engineer,
• Licensed architect, or
• person certified as a reserve specialist or professional reserve analyst by the Community
Associations Institute or the Association of Professional Reserve Analysts (CAIAPRA).

At a minimum, a SIRS must: 52
• Identify each item of the condominium property being visually inspected,
• State the estimated remaining useful life and the estimated replacement cost or deferred
maintenance expense of each item of the condominium property being visually inspected, and
• Provide a reserve funding schedule with a recommended annual reserve amount that achieves
the estimated replacement cost or deferred maintenance expense of each item of condominium
property being visually inspected by the end of the estimated remaining useful life of the item.

The SIRS may recommend for any item for which an estimate of useful life and an estimate of
replacement cost cannot be determined or with an estimated remaining useful life of greater than 25
years: 53
• That reserves do not need to be maintained, or
• A deferred maintenance expense amount for such item.

A condominium or cooperative must have a SIRS completed at least every 10 years after the
condominium's or cooperative’s creation for each building on the condominium or cooperative property
that is three stories or higher in height which includes, at a minimum, a study of the following items as
related to the structural integrity and safety of the building (SIRS items): 54
• Roof.
• Structure, including load-bearing walls and other primary structural members and primary
structural systems.
• Fireproofing and fire protection systems.
• Plumbing.
• Electrical systems.
• Waterproofing and exterior painting.
• Windows and exterior doors.
• Any other item that has a deferred maintenance expense or replacement cost that exceeds
$10,000 and the failure to replace or maintain such item negatively affects the items listed
above as determined by the licensed engineer or architect performing the visual inspection
portion of the structural integrity reserve study.

The SIRS requirements do not apply to: 55

50 Cedar Management Group, HOA Reserve Study: Why Does Your Community Need It?,

https://cedarmanagementgroup.com/hoa-reserve-study-community/#what (last visited Jab. 29, 2024); Kevin Leonard and
Robert Nordlund, Understanding Reserves: A guide to your association’s reserve fund & reserve study, 26-29 (1st ed.
2021); Community Associations Institute, National Reserve Study Standards, https://www.reservestudy.com/wp-
content/uploads/2019/01/NRSS-998-CAI-version-updated-2016.pdf (last visited Jan. 29, 2024).
51 S. 718.112(2)(g)2., F.S.
52 S. 718.112(2)(g)3., F.S.
53 Id.
54 S. 718.112(2)(g)1., F.S.
55 S. 718.112(2)(g)4., F.S.
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• Buildings less than three stories in height;
• Single-family, two-family, or three-family dwellings with three or fewer habitable stories above
ground;
• Any portion or component of a building that has not been submitted to the condominium form of
ownership; or
• Any portion or component of a building that is maintained by a party other than the association.

Condominium or cooperative associations existing on or before July 1, 2022, which are controlled by
unit owners other than the developer, must have a SIRS completed by December 31, 2024, for each
building on the condominium or cooperative property that is three stories or higher in height. However,
an association that is required to complete a milestone inspection on or before December 31, 2026,
may complete the SIRS simultaneously with the milestone inspection. In no event may the SIRS be
completed after December 31, 2026. 56

If a condominium or cooperative association willfully and knowingly fails to complete a SIRS, such
failure is a breach of an officer's and director's fiduciary relationship to the unit owners. 57

Before a developer turns over control of an association to unit owners other than the developer, the
developer must have a turnover inspection report for each building on the condominium or cooperative
property that is three stories or higher in height. 58

Reserves

Every condominium and cooperative association must have a budget that sets forth the proposed
expenditure of funds for the maintenance, management, and operation of the association. The budget
is adopted for a 12-month period reflecting an association’s fiscal year, and it must provide a detailed
listing of the estimated revenues and expenses that the association reasonably projects for the coming
fiscal year. The annual budget is made up of two parts, the part covering the regular operations of the
association and the part covering the cost for capital expenses and deferred maintenance (reserves). 59

Reserves are funds that are set aside for capital expenses and deferred maintenance. Reserves
provide funds for major capital repairs or replacements that are needed intermittently such as replacing
a roof. The reserves are designed to ensure that an association will have the funds when the repairs
are needed and will not have to do a large special assessment. 60

The amount of funds that must be placed in reserve is determined by the condominium or cooperative
association’s most recent structural integrity reserve study. If the amount to be reserved for an item is
not in the association’s most recent structural integrity reserve study or the association has not
completed a structural integrity reserve study, then the association may use the traditional formula or
alternative formula to determine the amount of funds to reserve.

Current law also requires associations to have and fund reserve accounts for roof replacement, building
painting, pavement resurfacing, and any item for which the deferred maintenance expense or
replacement cost is greater than $10,000. 61 There are two methods of calculating these reserves.

The first is the traditional formula, and the second is the alternative formula. The traditional formula
takes into account the estimated deferred maintenance or capital expenditure amount, estimated fund
balance, and number of years remaining until deferred maintenance or a capital expenditure is
needed. 62

56 S. 718.112(2)(g)6., F.S.
57 S. 718.112(2)(g)8., F.S.
58 S. 718.112(2)(g)5., F.S.
59 S. 718.112(2)(f), F.S.
60 S. 718.112(2)(f), F.S.
61 Id.
62 Id.; Rules 61B-22.005(3), and 61B-76.005(1), F.A.C.
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The alternative formula allows associations to maintain a pooled account for multiple reserve assets
that are similar or related. For example, an association responsible for managing two swimming pools
may create a pool reserve account for both pools instead of a reserve account for each pool. The
formula for a pooled account must provide for an annual contribution that will ensure the balance on
hand in the account is equal to or greater than the annual projected outflows from the account. 63
However, pooled reserves are not permitted for SIRS items listed in the statute as being required in the
SIRS are permitted to be pooled.

Waiver of Reserves

Effective December 1, 2024, a unit-owner controlled association may not waive collecting reserves or
collect less reserve funds than required for items that are required to be inspected in a SIRS for an
association building that is three stories or higher in height. In addition, unit-owner controlled
associations may not use such reserve funds for purposes other than their intended purpose.

For reserve items that are required by the SIRS, associations may waive funding reserves for capital
expenditures and deferred maintenance or provide funds that are less than the required amount by a
majority of the voting interests present at a properly called meeting. The waiver of reserves by the
membership is only for the current year, and a separate vote must be taken each year to waive the
reserves or fund less than the required amount. Associations may also vote to use reserve funds for
purposes other than their intended purpose for items that are not included within the SIRS, by a
majority of the voting interests present at a properly called meeting. 64

Structural Integrity Reserve Study and Reserves – Effect of the Bill

The bill changes “deferred” maintenance to “planned” maintenance in the Condominium Act and the
Cooperative Act.

Distribution of the Structural Integrity Reserve Study (Condominiums and Cooperatives)

The bill provides that the association is required within 45 days after the receipt of SIRS to:
• Distribute a copy of the SIRS to each unit owner; or
• Deliver to each unit owner a notice that the completed study is available for inspection and
copying upon a written request.

The bill provides the manner in which the copy or the notice may be distributed. Distribution of a copy of
the study or notice must be made by:
• United States mail or personal delivery to the mailing address, property address, or any other
address of the owner provided to fulfill the association's notice requirements or,
• By electronic transmission to the e-mail address or facsimile number on file.

Recommendation for a Pause

The bill provides that the structural integrity reserve study may recommend a temporary pause in
reserve funding or reduced reserve funding if:
• the condominium building or units are unsafe and uninhabitable due to substantial damage or
loss as determined by the local enforcement agency, and
• It is in the best interests of the association to use revenues and existing reserve funds to
perform necessary repairs to make the building safe and habitable.

However, the bill provides that reserve funding schedule must resume when the building has been
declared safe for occupancy by the local enforcement agency.

Reserves

63 Rules 61B-22.005(1), (3), and 61B-76.005(1), (3), F.A.C.
64 S. 718.112(2)(f).
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In addition to current requirements, the bill provides that members of an association may determine to
provide no reserves or less reserves than required if:
• The condominium building or units are unsafe and uninhabitable due to substantial damage or
loss as determined by the local enforcement agency, and
• It is in the best interests of the association to use revenues and existing reserve funds to
perform necessary repairs to make the building or units safe and habitable.

The bill provides that an association may not opt for such waiver of reserve requirements after the
building or units have been declared safe for occupancy by the local enforcement agency.

Financial Reporting- Current Situation

Condominium associations are required to complete an annual financial report of the previous year’s
financial activities and provide the report to unit owners. To comply with financial reporting
requirements, associations must: 65
• Complete an annual financial report for the previous fiscal year within 90 days after the end of
the fiscal year, calendar year, or annually on a date provided in the bylaws;
• Provide unit or parcel owners the financial report or notice that the report is available upon
request without charge within 21 days after the final financial report is completed by the
condominium or received from the third party, but not later than 120 days after the end of the
fiscal year or calendar year, or other date as provided in the bylaws; and
• Prepare financial statements according to generally accepted accounting principles and in a
manner dictated by the total revenue of the association, specifically:
o An association having total annual revenues between $150,000 and $300,000 must
prepare compiled financial statements;
o An association having total annual revenues between $300,000 and $500,000 must
prepare reviewed financial statements;
o An association having total revenues more than $500,000 must prepare audited financial
statements; and
o An association with total annual revenue of less than $150,000 must prepare a report of
cash receipts and expenditures.

If a unit owner does not receive the financial report, he or she may contact the Division to report an
association’s failure to provide a copy of the financial report within the required time. If the Division
determines that the association failed to provide the financial report in a timely manner, the Division
requires the association to provide the financial report to the unit owner and the Division within five
business days. If the association fails to comply with the Division’s request, the association is prohibited
from waiving the financial annual financial reporting requirements for the fiscal year in which the unit
owner’s request is made and the following fiscal year.

An association may vote to waive the annual financial reporting requirements and prepare a report of
cash receipts and expenditures by approval of a majority of voting interests. Such meeting and
approval must occur before the end of the fiscal year and is effective only for the fiscal year in which the
vote is taken, except that the approval may also be effective for the following fiscal year.

Financial Reporting- Effect of the Bill

The bill prohibits an association from waiving the annual financial reporting requirements and preparing
a report of cash receipts and expenditures by approval of a majority of voting interests for consecutive
fiscal years.

Hurricane Protection- Current Situation

65 S. 718.111(13), F.S,
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Each board of administration of a residential condominium required to adopt specifications for each
building within each condominium operated by the association which include: 66
• Color;
• Style; and
• Other factors deemed relevant to the board.

All specifications adopted by the board must comply with the applicable building code. The board may,
subject to the bidding process for contracts for goods and services and the approval of the of a majority
of the voting interests of the residential condominium, install hurricane shutters, impact glass, code-
complaint windows, or doors, or other types of code-complaint hurricane protection that comply or
exceed the applicable building code. 67

A condominium association is responsible for the maintenance, repair, and replacement of the
hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant
hurricane protection if such property is the responsibility of the association pursuant to the declaration
of condominium. If the hurricane shutters, impact glass, code-compliant windows or doors, or other
types of code-compliant hurricane protection are the responsibility of the unit owners pursuant to the
declaration of condominium, the maintenance, repair, and replacement of such items are the
responsibility of the unit owner. 68

The board is authorized to operate shutters, impact glass, code-compliant windows or doors, or other
types of code-compliant hurricane protection installed without the permission of the unit owners only if
such operation is necessary to preserve and protect the condominium property or and association
property. 69 The installation, replacement, operation, repair, and maintenance of such shutters, impact
glass, code-compliant windows or doors, or other types of code-compliant hurricane protection are not
a material alteration to the common elements or association property. 70

Notwithstanding any other provision in the residential condominium documents, if approval is required
by the documents, a board may not refuse to approve the installation or replacement of hurricane
protection by a unit owner conforming to the specifications adopted by the board. 71

The expense of installation, replacement, operation, repair, and maintenance of hurricane shutters,
impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection
by the board constitutes a common expense and shall be collected by the association if the association
is responsible for the maintenance, repair, and replacement of the hurricane shutters, impact glass,
code-compliant windows or doors, or other types of code-compliant hurricane protection pursuant to the
declaration of condominium. 72

Further, a unit owner who has previously installed code-compliant shutters, impact glass, windows, or
doors, must receive a credit when code-compliant shutters, impact glass, windows, or doors are
installed. 73 A unit owner who has previously installed impact glass or code-compliant windows or doors
that comply with the current applicable building code, must receive a credit when the impact glass or
code-compliant windows or doors are installed. A unit owner who has installed other types of code-
compliant hurricane protection that comply with the currently applicable building code is entitled to

66 S. 718.113(5), F.S.
67 S. 718.113(5)(a), F.S.
68 S. 718.113(5)(b), F.S.
69 S. 718.113(5)(c), F.S.
70 S. 718.110, F.S., provides the procedure for amending the declaration of condominium. It provides that, “unless

otherwise provided in the declaration as originally recorded, no amendment may change the configuration or size of any
unit in any material fashion, materially alter or modify the appurtenances to the unit, or change the proportion or
percentage by which the unit owner shares the common expenses of the condominium and owns the common surplus of
the condominium unless the record owner of the unit and all record owners of liens on the unit join in the execution of the
amendment and unless all the record owners of all other units in the same condominium approve the amendment.”
71S. 718.113(5)(d), F.S.
72 S. 718.115(1)(e), F.S.
73 S. 718.115(1)(e), F.S.
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receive a credit when the same type of other code-compliant hurricane protection is installed, and the
credit must be equal to the pro rata portion of the assessed installation cost assigned to each unit.

Hurricane Protection- Effect of the Bill

The bill defines “hurricane protection” as hurricane shutters, impact glass, code-compliant windows or
doors, and other code-compliant hurricane protection products used to preserve and protect the
condominium property or association property.

The bill clarifies the responsibilities of unit owners and associations for the costs of maintenance,
repair, and replacement of hurricane protections exterior doors, windows, and glass apertures.

The bill requires the declarations of residential condominiums and mixed-use condominiums to
describe the responsibilities of unit owners and associations for the costs of maintenance, repair, and
replacement of hurricane protections. The bill provides that the hurricane protection provisions apply to
all residential and mixed-use condominiums in Florida, regardless of when the condominium is
created pursuant to the declaration.

The bill provides that the installation, maintenance, repair, replacement, and operation of hurricane
protection in accordance with the hurricane protection requirements is not considered a material
alteration or substantial addition to the common elements or association property.

A vote of the unit owners to require the installation of hurricane protection must be set forth in a
certificate attesting to such vote and include the date that the hurricane protection must be installed.
The certificate must:
• Be recorded in the public records of the county where the condominium is located.
• Include the recording data identifying the declaration of the condominium and must be executed
in the form required for the execution of a deed.

Once the certificate is recorded, the board must mail or hand-deliver a copy of the recorded certificate
to the unit owners at the owners’ address as reflected in the records of the association. The board may
provide a copy of the recorded certificate by electronic transmission to unit owners who previously
consented to receive notice by electronic transmission. The board’s failure to record the certificate or to
send a copy of the recorded certificate to the unit owners does not affect the validity or enforceability of
the vote of the unit owners.

The bill provides that if hurricane protection that complies with or exceeds the current applicable
building code has been previously installed, the board may not install the same type of hurricane
protection or require that unit owners install the same type of hurricane protection unless the
unit owners installed hurricane protection has reached the end of its useful life or it is
necessary to prevent damage to the common elements or the unit.

The bill allows the board to require that unit owners adhere to an existing unified building scheme
regarding the external appearance of the condominium.

Regarding a unit owner’s responsibility for the costs of installation or removal of hurricane protection,
the bill provides that the unit owner is not responsible for the cost of any removal or reinstallation of
hurricane protection if:
• The unit owner installed the hurricane protection and
• Its removal is necessary for the maintenance, repair, or replacement of the condominium
property or association property for which the association is responsible.

If such removal or installation is completed by the association, the association may not charge that cost
to the unit owner. If such installation of removal is completed by the unit owner, the association must
reimburse the unit owner for the cost or apply the cost as a credit toward future assessments.

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Under the bill, the board must determine if the removal or reinstallation of hurricane protection is the
responsibility of the unit owner, including costs, and if such removal or reinstallation is completed by the
association, then the costs incurred by the association may be charged to the unit owner. If the
association charges a unit owner for the removal or installation of hurricane protection, such charges
are enforceable as an assessment and may be collected as such.

The bill deletes the requirement that the expense of installation, replacement, operation, repair, and
maintenance of hurricane protection by the board constitutes a common expense and must be
collected as a common expense if the association is responsible for the maintenance, repair, and
replacement of the hurricane shutters, impact glass, code-compliant windows or doors, or other types
of code-compliant hurricane protection pursuant to the declaration of condominium.

The bill deletes the requirement that a unit owner who previously installed hurricane shutters that
comply with the current applicable building codes receive a credit when the shutters are installed. The
bill provides that a unit owner who has previously installed such items must receive a credit when the
impact glass or code-compliant windows or doors are installed.

The bill provides, notwithstanding the limitation in s. 718.116(9), F.S. and regardless of what the
declaration states about the responsibility of hurricane protection, an owner of a unit in which
hurricane protection that complies with the current applicable building code has been installed is
excused from any assessment levied by the association or will receive a credit if the same type of
hurricane protection is installed by the association.

Credit is applicable if the installation of hurricane protection is for all other units that do not have
hurricane protection and the cost of such installation is funded by the association’s budget, including
the use of reserve funds.

The bill adds that the credit must be equal to the amount that the unit owner would have been assessed
to install the hurricane protection and that expenses for the installation, replacement, operation, repair,
or maintenance of hurricane protection on common elements and association property are common
expenses.

Assessments – Current Situation

Current law gives condominium associations the ability to levy and collect assessments from unit or
parcel owners. This allows the association to carry out its responsibility for the association’s
management, operation, and maintenance. 74 In addition to levying assessments, associations also
have the power to establish the time when each assessment is due, including when an assessment
becomes delinquent. 75

The most common assessments are those required to fund an association’s common expenses
identified 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. 76
In contrast, 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. 77

When the amount of an assessment 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. 78

74 S. 718.111(4), F.S.
75 See generally, ch. 718, F.S.
76 Ss. 718.103(1), 718.112(2)(f), F.S.
77 Ss. 718.103(24), 718.116(10), F.S.
78 Ss. 718.112(2)(g), F.S.
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A unit or parcel owner may not avoid paying assessments by waiving the use of common elements or
services in the association. No unit or parcel owner may be relieved from liability for all or part of an
assessment. 79 Boards must keep account of the assessments levied against every unit or parcel owner
and the assessments paid by every owner. These records are part of the association’s official
records. 80

A unit or parcel owner is liable for all assessments coming due while he or she owns the unit or parcel.
The unit or parcel serves as security for the payment of all assessments owed by an owner. 81 An
association has a lien for all unpaid assessments, but not for unpaid fines. 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. 82

Assessments- Effect of the Bill

The bill makes conforming changes.

Record in Public Record

The bill requires notices of a special assessment and contingent special assessments to be recorded in
the public record.

Line of Credit

In addition to current requirements, the bill provides that in place of a special assessment to fund
needed repairs, maintenance, or replacement of a building component recommended by a milestone
inspection requirement or structural reserve study, or unanticipated repairs, the board of a unit-owner-
controlled association may approve contingent assessments for the association to provide available
funding to pay for such repairs, maintenance, or replacement. The association must record a
declaration of special assessments evidencing the levy of such special assessments in the public
records.

The bill provides that the funds from a line of credit must be immediately available for the board to fund
required repairs, maintenance, or replace expenses without further approval by the members of the
association.

The bill allows an association to secure a line of credit and assess a contingent special assessment to
meet the reserve funding schedule recommended by the structural integrity reserve study for a budget
adopted on December 31, 2029. Otherwise, such line of credit and special contingent may not be used
as an alternative to the association’s reserve funding requirements.

Prohibition against SLAPP Suits- Current Situation

Generally, “strategic lawsuits against public participation" (SLAPP) are legal actions brought against
individuals for speaking out on issues that are important to the public in an effort to silence or
discourage such individuals from speaking out. In the association context, a SLAPP suit may be related
to an association member’s exercise of their rights of free speech and assembly, which may be based
on their appearance and presentation before a governmental entity on matters related to the
condominium association. 83

79 Ss. 718.111(4), 718.116(1)(a), F.S.
80 S. 718.111(12)(a), F.S.
81 S. 718.111(4), F.S.
82 Ss. 718.116(5), 718.303(3), F.S.
83 S. 718.1224(1), F.S.
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Florida has adopted anti-SLAPP laws 84in the association context which prohibit governmental entities,
business organizations, and individuals from filing or causing to be filed:
• Any lawsuit,
• Cause of action,
• Claim,
• Cross-claim, or counterclaim against a condominium unit owner without merit and
• Solely because such condominium unit owner has exercised the right to instruct his or her
representatives or the right to petition for redress of grievances before the various governmental
entities of this state, as protected by the First Amendment to the United States Constitution and
s. 5, Art. I of the State Constitution. 85

Current law does not specifically prohibit condominium associations from engaging in SLAPP suits,
instead the prohibition generally applies to governmental entities, business organizations, and
individuals.

The unit owners sued by a governmental entity, business organization, or individual have a right to an
expeditious resolution of such an action, including the right to petition for a motion to dismiss or for a
summary judgment. The court may award the unit owner actual damages for a violation of this
prohibition and may also award treble damages. However, the court must state a basis for an award of
treble damages. The court is further required to award the prevailing party reasonable attorney’s fees
and costs. Governmental entities, business organizations, individuals, and condominium associations 86
are barred from expending funds in prosecuting a SLAPP suit against a unit owner.

Prohibition against SLAPP Suits and Other Prohibited Actions- Effect of the Bill

The bill clarifies that a condominium association cannot engage in SLAAP suits.

The bill specifically prohibits condominium associations from:
• Retaliating against a unit owner, by imposing or threatening:
o A fine,
o An increase in a unit’s assessments,
o To bring or bringing an action for possession or
o other civil action, including a defamation, libel, slander, or tortious interference action.
• Spending association funds in support of defamation, libel, or tortious interference actions
against a unit owner.

The bill allows the unit owner to present evidence of retaliatory conduct as a defense in any action
brought against him or her for possession. The bill provides that a unit owner may use the defense of
retaliatory conduct if the unit owner acted in good faith and not for any improper purposes. The bill
provides that an improper purpose includes:
• Harassment;
• Cause unnecessary delay or for frivolous purpose; or
• Needless increase in the cost of litigation.

The bill provides examples of conduct for which a condominium association, an officer, a director, or an
agent of an association are prohibited from retaliating include, but are not limited to, situations in which:
• The unit owner has in good faith complained to a governmental agency charged with
responsibility for enforcement of a building, housing, or health code of a suspected violation
applicable to the condominium;
• The unit owner has organized, encouraged, or participated in a unit owners' organization;
• The unit owner submitted information or filed a complaint alleging criminal violations or
violations of the Condominium Act or rules of the Division, with:

84 Florida also has general anti-SLAPP laws that prohibit suits for exercising their right to free speech and assembly. S.

768.295, F.S.
85 S. 718.1224, F.S.
86 S. 718.1224(4), F.S.
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o The Division;
o Office of the Condominium Ombudsman;
o A law enforcement agency;
o A state attorney;
o The Attorney General; or
o Any other governmental agency.
• The unit owner has exercised his or her rights under the Condominium Act;
• The unit owner has complained to the association or any of the association's representatives for
the failure to comply with the Condominium Act or Corporations Not For Profit Act; or
• The unit owner has made public statements critical of the operation or management of the
association.

In addition, the bill prohibits associations from expending association funds in support of a defamation,
libel, slander, or tortious interference action against a unit owner or any other claim against a unit owner
based on such retaliatory conduct.

The Division’s Duties and Authority – Current Situation

For condominium associations, the Division has jurisdiction to investigate complaints and enforce
compliance with the Condominium Act for associations that are controlled by a developer, a bulk buyer,
or a bulk assignee. Once a developer has turned over control of the condominium to the association,
the Division only has jurisdiction to investigate complaints related to financial issues, elections, and unit
owner access to official records, and the procedural completion of structural reserve studies. 87

If a person believes there is a violation of the Condominium Act, he or she may file a complaint with the
Division. If the complaint is within the Division’s jurisdiction, the Division assigns an investigator to the
complaint. For purposes of any investigation, the Division director or any officer or employee
designated by the Division director may: 88
• Administer oaths or affirmations,
• Subpoena witnesses and compel their attendance,
• Take evidence, and
• Require the production of any matter which is relevant to the investigation, including the existence,
description, nature, custody, condition, and location of any books, documents, or other tangible
things and the identity and location of persons having knowledge of relevant facts or any other
matter reasonably calculated to lead to the discovery of material evidence.

After investigating the complaint, if the Division has reasonable cause to believe that a violation
occurred, it may initiate an enforcement proceeding in its own name as follows: 89
• Enter into a voluntary consent proceeding with the person who violated the Condominium Act
where he or she consents to stopping the violation.
• Issue a cease and desist order.
• File an administrative complaint against the person.
• File an enforcement action in circuit court to seek declaratory or injunctive relief on behalf of the
unit owners.
• Remove an individual from his or her position as an officer or board member of a condominium
or cooperative.
• Impose civil penalties in the amount of up to $5,000 per violation.

In order to enforce the Condominium Act, the Division may conduct investigations, take sworn
statements, receive evidence, and subpoena individuals and documentation. If the Division believes a
person has destroyed or altered association documents or impaired the availability of association
documents during an investigation, the Division must refer it to local law enforcement. 90

87 S. 718.501(1), F.S.
88 S. 718.501(1)(c), F.S
89 S. 718.501(1)(d), (m), F.S.
90 S. 718.501(1)(c), F.S.
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Annual Report

The Division is required to submit to the Governor, the President of the Senate, the Speaker of the
House of Representatives, and the chairs of the legislative appropriations committees an annual report
by September 30 following the end of the fiscal year that includes: 91
The number of training programs provided for condominium association board members and
unit owners;
The number of complaints received by type;
• The number and percent of complaints acknowledged in writing within 30 days;
• The number and percent of investigations acted upon within 90 days; 92
• The number of investigations exceeding the 90-day requirement;
• An evaluation of the Division's core business processes; and
• Make recommendations for improvements, including statutory changes.

Alternative Dispute Resolution

There is an alternative dispute resolution process for certain disputes between unit owners and
condominium or cooperative associations. Before the institution of court litigation, a party to certain
disputes must either petition the Division for nonbinding arbitration or initiate pre-suit mediation. 93
Alternative dispute resolution offers a more efficient, cost-effective option to court litigation, but
alternative dispute resolution should not be used as a mechanism to encourage the filing of frivolous or
nuisance suits. 94

Alternative dispute resolution is required for any disagreements between two or more parties that
involves: 95
• The authority of the board of directors to require an owner to take any action, or not to take any
action, involving that owner's unit or the appurtenance thereto and the authority of the board of
directors to alter or add to common areas or elements; 96
• The board of directors' failure to:
o Properly conduct elections;
o Give adequate notice of meetings or other actions;
o Properly conduct meetings;
o Provide access to association books and records; and
• A plan of termination.

The Division does not have jurisdiction to arbitrate or mediate disputes between a unit owner and an
association that involve: 97
• Title to any unit or common element;
• The interpretation or enforcement of any warranty;
• The levy of a fee or assessment, or the collection of an assessment levied against a party;
• The eviction or other removal of a tenant from a unit;
• Alleged breaches of fiduciary duty by one or more directors; or
• Claims for damages to a unit based upon the alleged failure of the association to maintain the
common elements or condominium property.

Recall and election disputes in condominium, cooperative, and homeowners’ associations are not
eligible for pre-suit mediation and must be arbitrated by the Division or filed directly with a court of
competent jurisdiction. 98

91 S. 718.501(1)(s), F.S.
92 In accordance with s. 718.501(1)(m), F.S.
93 S. 718.1255, F.S.
94 S. 718.1255(3)(b), F.S.,
95 S. 718.1255(1)(a), F.S.
96 Id.
97 Id.
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Arbitration is binding on the parties if all parties in arbitration agree to be bound in a writing filed in the
arbitration, 99 or if a complaint for a trial de novo is not filed in a court of competent jurisdiction in which
the condominium is located within 30 days after the arbitration decision is rendered. 100

The filing fee for a petition to the Division to initiate nonbinding arbitration or pre-suit mediation is
$50. 101 The Division employs full-time arbitrators and may certify private attorneys to conduct
mandatory nonbinding arbitration.

Current law also encourages parties to a condominium dispute to participate in voluntary mediation
through a Citizen Dispute Settlement Center. 102

The mediation of disputes in condominium and cooperative associations is regulated under s. 720.311,
F.S., which also provides for the mediation of the certain homeowners’ association disputes. An
aggrieved party in a dispute must initiate the mediation proceedings by serving a written petition for
mediation to the opposing party. The petition must identify the specific nature of the dispute and the
basis for the alleged violations. The written offer must include five certified mediators that the aggrieved
party believes to be neutral. The serving of the petition tolls the statute of limitations for the dispute. If
emergency relief is required, a temporary injunction may be sought in court before the mediation. 103

The opposing party has 20 days to respond to the petition. If the opposing party fails to respond or
refuses to mediate, the aggrieved party may proceed to civil court. If the parties agree to mediation, the
mediator must hold the mediation within 90 days after the petition is sent to the opposing parties. The
parties share the costs of mediation except for the cost of attorney’s fees. Mediation is confidential, and
persons who are not parties to the dispute (other than attorneys or a designated representative for the
association) may not attend the mediation conference. 104

The bylaws for condominium and cooperative associations must provide for mandatory dispute
resolution. 105

The Division’s Duties and Authority – Effect of the Bill

The bill removes a limitation on the Division’s jurisdiction related to only investigating complaints related
to financial issues, elections, and unit owner access to official records once a developer has turned
over control of the condominium to the association.
The bill requires the Division to refer to local law enforcement authorities any person whom the Division
believes has engaged in fraud, theft, embezzlement, or other criminal activity or has cause to believe
that fraud, theft, embezzlement, or other criminal activity has occurred.

The bill provides that the Division director, any officer or employee of the Division, the condominium
ombudsman, or employee of the Office of the Condominium Ombudsman106, may attend and observe
any meeting of the board of administration or unit owner meeting, including any meeting of a
subcommittee or special committee, that is open to members of the association for the purpose of
performing the duties of the Division or the Office of the Ombudsman.

The bill requires the Division to routinely conduct random audits of condominium associations to
determine compliance with the website or application requirements for official records under s.
718.111(12)(g).

98 S. 718.1255(5), F.S.
99 S. 718.1255(4)(a), F.S.
100 S. 718.1255(4)(k), F.S.
101 S. 718.1255(4)(a), F.S.
102 S. 718.1255(2), F.S.
103 Id.
104 S. 720.311(2)(b), F.S.
105 Ss. 718.112(2)(k), F.S., relating to condominium and cooperative associations, respectively.
106 Ss. 718.5011-50152, F.S
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The bill requires the Division submit to the Governor, the President of the Senate, the Speaker of the
House of Representatives, and the chairs of the legislative appropriations committees and appropriate
substantive committees, a review of the website or application requirements for official records under s.
718.111(12)(g), F.S., and make recommendations regarding any additional official records of a
condominium association that should be included in the record maintenance requirement in the
provision.

B. SECTION DIRECTORY:
Section 1: Amends 468.4334, F.S., relating to professional practice standards.
Section 2: Creates s. 468.4335, F.S., relating to conflicts of interest.
Section 3: Amends s. 468.436, F.S., relating to disciplinary proceedings.
Section 4: Amends s. 718.103, F.S., relating to definitions.
Section 5: Amends s. 718.104, F.S., relating to the hurricane protection.
Section 6: Amends s. 718.111, F.S, relating to the association.
Section 7: Amends s. 718.111, F.S, relating to the association, effective January 1, 2026.
Section 8: Amends s. 718.112, F.S., relating to bylaws.
Section 9: Amends s. 718.113, F.S., relating to hurricane protection.
Section 10: Amends s. 718.115, F.S., relating to common expenses and common surplus.
Section 11: Amends s. 718.116, F.S., relating to assessments.
Section 12: Amends s. 718.121, F.S., relating to liens.
Section 13: Amends s. 718.1224, F.S., relating to SLAPP suits.
Section 14: Amends s. 718.301, F.S, relating to transfer of association control.
Section 15: Amends s. 718.3027, F.S., relating to conflicts of interest.
Section 16: Amends s. 718.303, F.S., relating to obligations of owners and occupants.
Section 17: Amends s. 718.501, F.S., relating to authority and duties of the Division.
Section 18: Amends s. 718.618, F.S., making conforming changes.
Section 19: Amends s. 719.106, F.S., relating to bylaws; cooperative ownership.
Section 20: Amends s. 719.301, F.S., relating to transfer of association control.
Section 21: Amends s. 719.618, F.S., making conforming changes.
Section 22: Provides that the Division is required to submit a report.
Section 23: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
Indeterminate negative fiscal impact.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

D. FISCAL COMMENTS:
None.

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III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The Division may create a Division-approved education curriculum. The Division may have to generate
rules regarding additional duties and enforcement provided in the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The sponsor has indicated that she is planning to file an amendment making clarifications and other
changes.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1021 2024

1 A bill to be entitled
2 An act relating to community associations; amending s.
3 468.4334, F.S.; requiring community association
4 managers and community association management firms to
5 return official records of an association within a
6 specified time after termination of a contract;
7 providing a rebuttable presumption regarding
8 noncompliance; providing penalties for the failure to
9 timely return official records; creating s. 468.4335,
10 F.S.; requiring community association managers and
11 community association management firms to disclose
12 certain conflicts of interest to the association's
13 board; providing a rebuttable presumption as to the
14 existence of a conflict; requiring an association to
15 consider multiple bids for goods or services under
16 certain circumstances; providing requirements for an
17 association to approve any activity that is a conflict
18 of interest; authorizing certain contracts to be
19 canceled, subject to certain requirements; specifying
20 liability and nonliability of the association upon
21 cancellation of such a contract; authorizing an
22 association to cancel a contract if certain conflicts
23 were not disclosed; specifying liability and
24 nonliability of the association upon cancellation of a
25 contract; defining the term "relative"; reenacting and

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26 amending s. 468.436, F.S.; revising the list of
27 grounds for which the Department of Business and
28 Professional Regulation may take disciplinary actions
29 against community association managers or community
30 association firms; amending s. 718.103, F.S.; revising
31 and providing definitions; amending s. 718.104, F.S.;
32 requiring declarations to specify the entity
33 responsible for the installation, maintenance, repair,
34 or replacement of hurricane protection; amending s.
35 718.111, F.S.; providing criminal penalties for any
36 officer, director, or manager of an association who
37 unlawfully solicits, offers to accept, or accepts any
38 thing or service of value or kickback; revising the
39 list of records that constitute the official records
40 of an association; revising maintenance requirements
41 for official records; revising requirements regarding
42 requests to inspect or copy association records;
43 requiring an association to provide a checklist and
44 affidavit in response to certain records requests;
45 providing a rebuttable presumption and criminal
46 penalties; defining the term "repeatedly"; requiring
47 copies of certain building permits be posted on an
48 association's website or application; modifying the
49 method of delivery of certain letters regarding
50 association financial reports to unit owners; revising

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51 circumstances under which an association may prepare
52 certain reports; revising criminal penalties for
53 persons who unlawfully use a debit card issued in the
54 name of an association; defining the term "lawful
55 obligation of the association"; revising the threshold
56 for associations that must post certain documents on
57 its website or through an application; amending s.
58 718.112, F.S.; requiring the boards of certain
59 associations to meet a minimum number of times each
60 year; revising requirements regarding notice of such
61 meetings; requiring a director to complete an
62 educational requirement within a specified time period
63 before or after election or appointment to the board;
64 providing transitional provisions; requiring a
65 director to complete educational requirements each
66 year relating to changes in the law; requiring an
67 association's budget to include reserve amounts for
68 planned maintenance, in lieu of deferred maintenance;
69 authorizing members of an association to waive
70 reserves or reduce reserves under certain
71 circumstances and for a limited time; requiring an
72 association to distribute or deliver copies of a
73 structural integrity reserve study to unit owners
74 within a specified timeframe; specifying the manner of
75 distribution or delivery; authorizing certain boards

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76 to approve contingent special assessments in order to
77 secure a line of credit under certain circumstances;
78 specifying requirements and limitations for any line
79 of credit secured; revising the circumstances under
80 which a director or an officer must be removed from
81 office after being charged by information or
82 indictment of certain crimes; prohibiting such
83 officers and directors with pending criminal charges
84 from accessing the official records of any
85 association; providing an exception; providing
86 criminal penalties for certain fraudulent voting
87 activities relating to association elections; amending
88 s. 718.113, F.S.; providing applicability; specifying
89 that certain actions are not material alterations or
90 substantial additions; authorizing the boards of
91 residential and mixed-use condominiums to install or
92 require unit owners to install hurricane protection;
93 requiring a vote of the unit owners for the
94 installation of hurricane protection; requiring that
95 such vote be attested to in a certificate and recorded
96 in certain public records; providing requirements for
97 such certificate; providing that the validity or
98 enforceability of a vote is not affected if the board
99 fails to take certain actions; providing that a vote
100 of the unit owners is not required under certain

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101 circumstances; prohibiting installation of the same
102 type of hurricane protection previously installed;
103 providing exceptions; prohibiting the boards of
104 residential and mixed-use condominiums from refusing
105 to approve certain hurricane protections; authorizing
106 the board to require owners to adhere to certain
107 guidelines regarding the external appearance of a
108 condominium; revising responsibility for the cost of
109 the removal or reinstallation of hurricane protection,
110 including exterior windows, doors, or apertures;
111 prohibiting the association from charging certain
112 expenses to unit owners; requiring reimbursement or a
113 credit toward future assessments to the unit owner in
114 certain circumstances; authorizing the association to
115 collect certain charges and specifying that such
116 charges are enforceable as assessments under certain
117 circumstances; amending s. 718.115, F.S.; specifying
118 when the cost of installation of hurricane protection
119 is not a common expense; authorizing certain expenses
120 to be enforceable as assessments; requiring certain
121 unit owners to be excused from certain assessments or
122 to receive a credit for hurricane protection that has
123 been installed; providing credit applicability under
124 certain circumstances; providing for the amount of
125 credit that a unit owner must receive; specifying that

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126 certain expenses are common expenses; amending s.
127 718.116, F.S.; requiring that the written notice of
128 certain assessments be recorded in the public records;
129 amending s. 718.121, F.S.; conforming a cross-
130 reference; amending s. 718.1224, F.S.; revising
131 legislative findings and intent; revising the
132 definition of the term "governmental entity";
133 prohibiting an association from filing strategic
134 lawsuits, taking certain actions against unit owners,
135 and expending funds to support certain actions;
136 amending s. 718.301, F.S.; requiring developers to
137 deliver a structural integrity reserve report to an
138 association upon relinquishing control of the
139 association; amending s. 718.3027, F.S.; revising
140 requirements regarding attendance at a board meeting
141 in the event of a conflict of interest; modifying
142 circumstances under which a contract may be voided;
143 amending s. 718.303, F.S.; requiring that a notice of
144 nonpayment be provided to a unit owner by a specified
145 time before an election or a vote of association
146 members; amending s. 718.501, F.S.; revising
147 circumstances under which the Division of Florida
148 Condominiums, Timeshares, and Mobile Homes has
149 jurisdiction to investigate and enforce certain
150 matters; requiring that the division provide official

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151 records, without charge, to a unit owner denied
152 access; requiring the division to provide an
153 educational curriculum free of charge and issue a
154 certificate to directors of a board of administration;
155 requiring that the division refer suspected criminal
156 acts to the appropriate law enforcement authority;
157 authorizing certain division officials to attend
158 association meetings; requiring that the division
159 conduct random audits of associations for specified
160 purposes; requiring an association's annual fee be
161 filed concurrently with the annual certification;
162 specifying requirements for the annual certification;
163 amending s. 718.618, F.S.; conforming a provision to
164 changes made by the act; amending s. 719.106, F.S.;
165 requiring that a cooperative association's budget
166 include reserve amounts for planned maintenance, in
167 lieu of deferred maintenance; requiring an association
168 to distribute or deliver copies of a structural
169 integrity reserve study to unit owners within a
170 specified timeframe; specifying the manner of
171 distribution or delivery; amending s. 719.301, F.S.;
172 requiring developers to deliver a structural integrity
173 reserve study to a cooperative association upon
174 relinquishing control of association property;
175 amending s. 719.618, F.S.; conforming a provision to

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176 changes made by the act; requiring the division to
177 conduct a review of statutory requirements regarding
178 posting of official records on a condominium
179 association's website or application; requiring the
180 division to submit its findings, including any
181 recommendations, to the Governor and the Legislature
182 by a specified date; providing effective dates.
183
184 Be It Enacted by the Legislature of the State of Florida:
185
186 Section 1. Subsection (3) is added to section 468.4334,
187 Florida Statutes, to read:
188 468.4334 Professional practice standards; liability. —
189 (3) A community association manager or a community
190 association management firm shall return all community
191 association official records within its possession to the
192 community association within 20 business days after termination
193 of a contractual agreement to provide community association
194 management services to the community association or receipt of a
195 written request for return of the official records, whichever
196 occurs first. Failure of a community association manager or a
197 community association management firm to timely return all of
198 the official records within its possession to the community
199 association creates a rebuttable presumption that the manager or
200 firm willfully failed to comply with this subsection. A

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201 community association manager or a community associatio n
202 management firm that fails to timely return community
203 association records is subject to suspension of its license
204 under s. 468.436, and a civil penalty of $1,000 per day for a
205 maximum of 10 days, assessed beginning on the 21st day after
206 termination of a contractual agreement to provide community
207 association management services to the community association or
208 receipt of a written request from the association for return of
209 the records, whichever occurs first.
210 Section 2. Section 468.4335, Florida Statutes, is created
211 to read:
212 468.4335 Conflicts of interest.—
213 (1) A community association manager or a community
214 association management firm, including directors, officers,
215 persons with a financial interest in a community association
216 management firm, and the relatives of such persons, must
217 disclose to the board of a community association any activity
218 that may reasonably be construed to be a conflict of interest. A
219 rebuttable presumption of a conflict of interest exists if any
220 of the following occurs without prior notice:
221 (a) A community association manager or a community
222 association management firm, including directors, officers,
223 persons with a financial interest in a community association
224 management firm, and the relatives of such persons, enters into
225 a contract for goods or services with the association.

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226 (b) A community association manager or a community
227 association management firm, including directors, officers,
228 persons with a financial interest in a community association
229 management firm, and the relatives of such persons, holds an
230 interest in a corporation, limited liability corporation,
231 partnership, limited liability partnership, or other business
232 entity that conducts business with the association or proposes
233 to enter into a contract or other transaction with the
234 association.
235 (2) If the association receives and considers a bid to
236 provide a good or service, other than community association
237 management services, from a community association manager or a
238 community association management firm, including directors,
239 officers, persons with a financial interest in a community
240 association management firm, and the relatives of such persons,
241 the association must also consider at least three bids from
242 other third-party providers of such good or service.
243 (3) If a community association manager or a community
244 association management firm, including directors, officers,
245 persons with a financial interest in a community association
246 management firm, and the relatives of such persons, proposes to
247 engage in an activity that is a conflict of interest as
248 described in subsection (1), the proposed activity must be
249 listed on, and all contracts and transactional documents related
250 to the proposed activity must be attached to, the meeting agenda

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251 of the next board of administration meeting. The disclosures of
252 a possible conflict of interest must be entered into the written
253 minutes of the meeting. Approval of the contract or other
254 transaction requires an affirmative vote of two-thirds of all
255 other directors present. At the next regular or special meeting
256 of the members, the existence of the contract or other
257 transaction must be disclosed to the members. Upon motion of any
258 member, the contract or transaction must be brought up for a
259 vote and may be canceled by a majority vote of the membe rs
260 present. If the contract is canceled, the association is liable
261 only for the reasonable value of the goods and services provided
262 up to the time of cancellation and is not liable for any
263 termination fees, liquidated damages, or other form of penalty
264 for such cancellation.
265 (4) If the board finds that a community association
266 manager or a community association management firm, including
267 directors, officers, persons with a financial interest in a
268 community association management firm, and the relatives of s uch
269 persons, has violated this section, the association may cancel
270 its community association management contract with the community
271 association manager or the community association management
272 firm. If the contract is canceled, the association is liable
273 only for the reasonable value of the management services
274 provided up to the time of cancellation and is not liable for
275 any termination fees, liquidated damages, or other form of

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276 penalty for such cancellation.
277 (5) If an association enters into a contract with a
278 community association manager or a community association
279 management firm, including directors, officers, persons with a
280 financial interest in a community association management firm,
281 and the relatives of such persons, which is a party to or has an
282 interest in an activity that is a possible conflict of interest
283 as described in subsection (1) and such activity has not been
284 properly disclosed as a conflict of interest or potential
285 conflict of interest as required by this section, the contract
286 is voidable and terminates upon the association filing a written
287 notice terminating the contract with its board of directors
288 which contains the consent of at least 20 percent of the voting
289 interests of the association.
290 (6) As used in this section, the term "relative" means a
291 relative within the third degree of consanguinity by blood or
292 marriage.
293 Section 3. Paragraph (b) of subsection (2) of section
294 468.436, Florida Statutes, is amended, and subsection (4) of
295 that section is reenacted, to read:
296 468.436 Disciplinary proceedings.—
297 (2) The following acts constitute grounds for which the
298 disciplinary actions in subsection (4) may be taken:
299 (b)1. Violation of any provision of this part.
300 2. Violation of any lawful order or rule rendered or

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301 adopted by the department or the council.
302 3. Being convicted of or pleading nolo contendere to a
303 felony in any court in the United States.
304 4. Obtaining a license or certification or any other
305 order, ruling, or authorization by means of fraud,
306 misrepresentation, or concealment of material facts.
307 5. Committing acts of gross misconduct or gross negligence
308 in connection with the profession.
309 6. Contracting, on behalf of an association, with any
310 entity in which the licensee has a financial interest that is
311 not disclosed.
312 7. Failing to disclose any conflict of interest as
313 required by s. 468.4335.
314 8.7. Violating any provision of chapter 718, chapter 719,
315 or chapter 720 during the course of performing community
316 association management services pursuant to a contract with a
317 community association as defined in s. 468.431(1).
318 (4) When the department finds any community association
319 manager or firm guilty of any of the grounds set forth in
320 subsection (2), it may enter an order imposing one or more of
321 the following penalties:
322 (a) Denial of an application for licensure.
323 (b) Revocation or suspension of a license.
324 (c) Imposition of an administrative fine not to exceed
325 $5,000 for each count or separate offense.

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326 (d) Issuance of a reprimand.
327 (e) Placement of the community association manager on
328 probation for a period of time and subject to such conditions as
329 the department specifies.
330 (f) Restriction of the authorized scope of practice by the
331 community association manager.
332 Section 4. Subsections (19) through (32) of section
333 718.103, Florida Statutes, are renumbered as subsections (20)
334 through (33), respectively, subsection (1) is amended, and a new
335 subsection (19) is added to that section, to read:
336 718.103 Definitions.—As used in this chapter, the term:
337 (1) "Alternative funding method" means a method approved
338 by the division for funding the capital expenditures and planned
339 deferred maintenance obligations for a multicondominium
340 association operating at least 25 condominiums which may
341 reasonably be expected to fully satisfy the association's
342 reserve funding obligations by the allocation of funds in the
343 annual operating budget.
344 (19) "Hurricane protection" means hurricane shutters,
345 impact glass, code-compliant windows or doors, and other code-
346 compliant hurricane protection products used to preserve and
347 protect the condominium property or association property.
348 Section 5. Paragraph (p) is added to subsection (4) of
349 section 718.104, Florida Statutes, to read:
350 718.104 Creation of condominiums; contents of

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351 declaration.—Every condominium created in this state shall be
352 created pursuant to this chapter.
353 (4) The declaration must contain or provide for the
354 following matters:
355 (p) For both residential condominiums and mixed-use
356 condominiums, a statement that specifies whether the unit owner
357 or the association is responsible for the installation,
358 maintenance, repair, or replacement of hurricane protection that
359 is for the preservation and protection of the condominium
360 property and association property.
361 Section 6. Paragraph (a) of subsection (1) and subsections
362 (12), (13), and (15) of section 718.111, Florida Statutes, are
363 amended to read:
364 718.111 The association.—
365 (1) CORPORATE ENTITY.—
366 (a) The operation of the condominium shall be by the
367 association, which must be a Florida corporation for profit or a
368 Florida corporation not for profit. However, any association
369 which was in existence on January 1, 1977, need not be
370 incorporated. The owners of units shall be shareholders or
371 members of the association. The officers and directors of the
372 association have a fiduciary relationship to the unit owners. It
373 is the intent of the Legislature that nothing in this paragraph
374 shall be construed as providing for or removing a requirement of
375 a fiduciary relationship between any manager employed by the

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376 association and the unit owners. An officer, director, or
377 manager may not solicit, offer to accept, or accept any thing or
378 service of value or kickback for which consideration has not
379 been provided for his or her own benefit or that of his or her
380 immediate family, from any person providing or proposing to
381 provide goods or services to the association. Any such officer,
382 director, or manager who knowingly so solicits, offers to
383 accept, or accepts any thing or service of value or kickback
384 commits a felony of the third degree, punishable as provided in
385 s. 775.082, s. 775.083, or s. 775.084, and is subject to a civil
386 penalty pursuant to s. 718.501(1)(d) and, if applicable, a
387 criminal penalty as provided in paragraph (d). However, this
388 paragraph does not prohibit an officer, director, or manager
389 from accepting services or items received in connection with
390 trade fairs or education programs. An association may operate
391 more than one condominium.
392 (12) OFFICIAL RECORDS.—
393 (a) From the inception of the association, the association
394 shall maintain each of the following items, if applicable, which
395 constitutes the official records of the association:
396 1. A copy of the plans, permits, warranties, and other
397 items provided by the developer under s. 718.301(4).
398 2. A photocopy of the recorded declaration of condominium
399 of each condominium operated by the association and each
400 amendment to each declaration.

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401 3. A photocopy of the recorded bylaws of the association
402 and each amendment to the bylaws.
403 4. A certified copy of the articles of incorporation of
404 the association, or other documents creating the association,
405 and each amendment thereto.
406 5. A copy of the current rules of the association.
407 6. A book or books that contain the minutes of all
408 meetings of the association, the board of administration, and
409 the unit owners.
410 7. A current roster of all unit owners and their mailing
411 addresses, unit identifications, voting certificati ons, and, if
412 known, telephone numbers. The association shall also maintain
413 the e-mail addresses and facsimile numbers of unit owners
414 consenting to receive notice by electronic transmission. The e-
415 mail addresses and facsimile numbers are not accessible to u nit
416 owners if consent to receive notice by electronic transmission
417 is not provided In accordance with sub-subparagraph (c)5.e., the
418 e-mail addresses and facsimile numbers are only accessible to
419 unit owners if consent to receive notice by electronic
420 transmission is provided (c)3.e. However, the association is not
421 liable for an inadvertent disclosure of the e-mail address or
422 facsimile number for receiving electronic transmission of
423 notices.
424 8. All current insurance policies of the association and
425 condominiums operated by the association.

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426 9. A current copy of any management agreement, lease, or
427 other contract to which the association is a party or under
428 which the association or the unit owners have an obligation or
429 responsibility.
430 10. Bills of sale or transfer for all property owned by
431 the association.
432 11. Accounting records for the association and separate
433 accounting records for each condominium that the association
434 operates. Any person who knowingly or intentionally defaces or
435 destroys such records, or who knowingly or intentionally fails
436 to create or maintain such records, with the intent of causing
437 harm to the association or one or more of its members, is
438 personally subject to a civil penalty pursuant to s.
439 718.501(1)(d). The accounting records must include, but are not
440 limited to:
441 a. Accurate, itemized, and detailed records of all
442 receipts and expenditures.
443 b. All invoices, transaction receipts, deposit slips, or
444 other underlying documentation that substantiates any receipt or
445 expenditure of funds by the association.
446 c.b. A current account and a monthly, bimonthly, or
447 quarterly statement of the account for each unit designating the
448 name of the unit owner, the due date and amount of each
449 assessment, the amount paid on the account, and the balance due.
450 d.c. All audits, reviews, accounting statements,

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451 structural integrity reserve studies, and financial reports of
452 the association or condominium. Structural integrity reserve
453 studies must be maintained for at least 15 years after the study
454 is completed.
455 e.d. All contracts for work to be performed. Bids for work
456 to be performed are also considered official records and must be
457 maintained by the association for at least 1 year after receipt
458 of the bid.
459 12. Ballots, sign-in sheets, voting proxies, and all other
460 papers and electronic records relating to voting by unit owners,
461 which must be maintained for 1 year from the date of the
462 election, vote, or meeting to which the document relates,
463 notwithstanding paragraph (b).
464 13. All rental records if the association is acting as
465 agent for the rental of condominium units.
466 14. A copy of the current question and answer sheet as
467 described in s. 718.504.
468 15. A copy of the inspection reports described in ss.
469 553.899 and 718.301(4)(p) and any other inspection re port
470 relating to a structural or life safety inspection of
471 condominium property. Such record must be maintained by the
472 association for 15 years after receipt of the report.
473 16. Bids for materials, equipment, or services.
474 17. All affirmative acknowledgments made pursuant to s.
475 718.121(4)(c).

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476 18. A copy of all building permits issued for ongoing or
477 planned construction.
478 19.18. All other written records of the association not
479 specifically included in the foregoing which are related to the
480 operation of the association.
481 (b) The official records specified in subparagraphs (a)1. -
482 6. must be permanently maintained from the inception of the
483 association. Bids for work to be performed or for materials,
484 equipment, or services must be maintained for at least 1 y ear
485 after receipt of the bid. All other official records must be
486 maintained within the state for at least 7 years, unless
487 otherwise provided by general law. The official records must be
488 maintained in an organized manner that facilitates inspection of
489 the records by a unit owner. The obligation to maintain official
490 records includes the obligation to obtain and recreate those
491 records to the fullest extent possible in the event that the
492 records are lost, destroyed, or otherwise unavailable. The
493 records of the association shall be made available to a unit
494 owner within 45 miles of the condominium property or within the
495 county in which the condominium property is located within 10
496 working days after receipt of a written request by the board or
497 its designee. However, such distance requirement does not apply
498 to an association governing a timeshare condominium. This
499 paragraph and paragraph (c) may be complied with by having a
500 copy of the official records of the association available for

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501 inspection or copying on the condominium property or association
502 property, or the association may offer the option of making the
503 records available to a unit owner electronically via the
504 Internet as provided under paragraph (g) or by allowing the
505 records to be viewed in electronic format on a computer screen
506 and printed upon request. The association is not responsible for
507 the use or misuse of the information provided to an association
508 member or his or her authorized representative in compliance
509 with this chapter unless the association has an affirmative duty
510 not to disclose such information under this chapter.
511 (c)1.a.(c)1. The official records of the association are
512 open to inspection by any association member and any person
513 authorized by an association member as a representative of such
514 member at all reasonable times. The right to inspect the records
515 includes the right to make or obtain copies, at the reasonable
516 expense, if any, of the member and of the person authorized by
517 the association member as a representative of such member. A
518 renter of a unit has a right to inspect and copy only the
519 declaration of condominium, the association's bylaws and rules,
520 and the inspection reports described in ss. 553.899 and
521 718.301(4)(p). The association may adopt reasonable rules
522 regarding the frequency, time, location, notice, and manner of
523 record inspections and copying but may not require a member to
524 demonstrate any purpose or state any reason for the inspection.
525 The failure of an association to provide the records within 10

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526 working days after receipt of a written request creates a
527 rebuttable presumption that the association willfully f ailed to
528 comply with this paragraph. A unit owner who is denied access to
529 official records is entitled to the actual damages or minimum
530 damages for the association's willful failure to comply. Minimum
531 damages are $50 per calendar day for up to 10 days, beg inning on
532 the 11th working day after receipt of the written request. The
533 failure to permit inspection entitles any person prevailing in
534 an enforcement action to recover reasonable attorney fees from
535 the person in control of the records who, directly or
536 indirectly, knowingly denied access to the records. If the
537 requested records are posted on an association's website, the
538 association may fulfill its obligations as provided under this
539 paragraph by directing to the website all persons authorized to
540 request access to official records pursuant to this paragraph.
541 b. In response to a statutorily compliant written request
542 to inspect records, the association must simultaneously provide
543 to the requestor a checklist of all records made available for
544 inspection and copying and a sworn affidavit in which the person
545 facilitating or handling the association's compliance with the
546 request attests to the veracity of the checklist provided to the
547 requestor. The checklist must also identify any of the
548 association's official records that were not made available to
549 the requestor. An association must maintain a checklist provided
550 under this sub-subparagraph for 7 years. An association

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551 delivering a checklist and affidavit pursuant to this sub-
552 subparagraph creates a rebuttable presumption that the
553 association has complied with this paragraph.
554 2. A director or member of the board or association or a
555 community association manager who knowingly, willfully, and
556 repeatedly violates subparagraph 1. commits a misdemeanor of the
557 second degree, punishable as provided in s. 775.082 or s.
558 775.083. For purposes of this subparagraph, the term
559 "repeatedly" means two or more violations within a 12 -month
560 period.
561 3.2. Any person who knowingly or intentionally defaces or
562 destroys accounting records that are required by this chapter to
563 be maintained during the period for which such records are
564 required to be maintained, or who knowingly or intentionally
565 fails to create or maintain accounting records that are required
566 to be created or maintained, with the intent of causing harm to
567 the association or one or more of its members, is personally
568 subject to a civil penalty pursuant to s. 718.501(1)(d).
569 4. A person who willfully and knowingly refuses to release
570 or otherwise produce association records with the intent to
571 avoid or escape detection, arrest, trial, or punishment for the
572 commission of a crime, or to assist another person with such
573 avoidance or escape, commits a felony of the third degree,
574 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
575 5.3. The association shall maintain an adequate number of

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576 copies of the declaration, articles of incorporation, bylaws,
577 and rules, and all amendments to each of the foregoing, as well
578 as the question and answer sheet as described in s. 718.504 and
579 year-end financial information required under this section, on
580 the condominium property to ensure their availability to unit
581 owners and prospective purchasers, and may charge its actual
582 costs for preparing and furnishing these documents to those
583 requesting the documents. An association shall allow a member or
584 his or her authorized representative to use a portable device,
585 including a smartphone, tablet, portable scanner, or any other
586 technology capable of scanning or taking photographs, to make an
587 electronic copy of the official records in lieu of the
588 association's providing the member or his or her authorized
589 representative with a copy of such records. The association may
590 not charge a member or his or her authorized representative for
591 the use of a portable device. Notwithstanding this paragraph,
592 the following records are not accessible to unit owners:
593 a. Any record protected by the lawyer-client privilege as
594 described in s. 90.502 and any record protected by the work-
595 product privilege, including a record prepared by an association
596 attorney or prepared at the attorney's express direction, which
597 reflects a mental impression, conclusion, litigation strategy,
598 or legal theory of the attorney or the association, and which
599 was prepared exclusively for civil or criminal litigation or for
600 adversarial administrative proceedings, or which was prepared in

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601 anticipation of such litigation or proceedings until the
602 conclusion of the litigation or proceedings.
603 b. Information obtained by an association in connection
604 with the approval of the lease, sale, or other transfer of a
605 unit.
606 c. Personnel records of association or management company
607 employees, including, but not limited to, disciplinary, payroll,
608 health, and insurance records. For purposes of this sub -
609 subparagraph, the term "personnel records" does not include
610 written employment agreements with an association employee or
611 management company, or budgetary or financial records that
612 indicate the compensation paid to an association employee.
613 d. Medical records of unit owners.
614 e. Social security numbers, driver license numbers, credit
615 card numbers, e-mail addresses, telephone numbers, facsimile
616 numbers, emergency contact information, addresses of a unit
617 owner other than as provided to fulfill the association's notice
618 requirements, and other personal identifying information of any
619 person, excluding the person's name, unit designation, mailing
620 address, property address, and any address, e-mail address, or
621 facsimile number provided to the association to fulfill the
622 association's notice requirements. Notwithstanding the
623 restrictions in this sub-subparagraph, an association may print
624 and distribute to unit owners a directory containing the name,
625 unit address, and all telephone numbers of each unit owner.

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626 However, an owner may exclude his or her telephone numbers from
627 the directory by so requesting in writing to the association. An
628 owner may consent in writing to the disclosure of other contact
629 information described in this sub-subparagraph. The association
630 is not liable for the inadvertent disclosure of information that
631 is protected under this sub-subparagraph if the information is
632 included in an official record of the association and is
633 voluntarily provided by an owner and not requested by the
634 association.
635 f. Electronic security measures that are used by the
636 association to safeguard data, including passwords.
637 g. The software and operating system used by the
638 association which allow the manipulation of data, even if the
639 owner owns a copy of the same software used by the asso ciation.
640 The data is part of the official records of the association.
641 h. All affirmative acknowledgments made pursuant to s.
642 718.121(4)(c).
643 (d) The association shall prepare a question and answer
644 sheet as described in s. 718.504, and shall update it an nually.
645 (e)1. The association or its authorized agent is not
646 required to provide a prospective purchaser or lienholder with
647 information about the condominium or the association other than
648 information or documents required by this chapter to be made
649 available or disclosed. The association or its authorized agent
650 may charge a reasonable fee to the prospective purchaser,

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651 lienholder, or the current unit owner for providing good faith
652 responses to requests for information by or on behalf of a
653 prospective purchaser or lienholder, other than that required by
654 law, if the fee does not exceed $150 plus the reasonable cost of
655 photocopying and any attorney's fees incurred by the association
656 in connection with the response.
657 2. An association and its authorized agent are not liable
658 for providing such information in good faith pursuant to a
659 written request if the person providing the information includes
660 a written statement in substantially the following form: "The
661 responses herein are made in good faith and to the best of my
662 ability as to their accuracy."
663 (f) An outgoing board or committee member must relinquish
664 all official records and property of the association in his or
665 her possession or under his or her control to the incoming board
666 within 5 days after the election. The division shall impose a
667 civil penalty as set forth in s. 718.501(1)(d)6. against an
668 outgoing board or committee member who willfully and knowingly
669 fails to relinquish such records and property.
670 (g)1. By January 1, 2019, an association managing a
671 condominium with 150 or more units which does not contain
672 timeshare units shall post digital copies of the documents
673 specified in subparagraph 2. on its website or make such
674 documents available through an application that can be
675 downloaded on a mobile device.

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676 a. The association's website or application must be:
677 (I) An independent website, application, or web portal
678 wholly owned and operated by the association; or
679 (II) A website, application, or web portal operated by a
680 third-party provider with whom the association owns, leases,
681 rents, or otherwise obtains the right to operate a web page,
682 subpage, web portal, collection of subpages or web portals, or
683 an application which is dedicated to the association's
684 activities and on which required notices, records, and documents
685 may be posted or made available by the association.
686 b. The association's website or application must be
687 accessible through the Internet and must contain a subpage, web
688 portal, or other protected electronic location that is
689 inaccessible to the general public and accessible only to unit
690 owners and employees of the association.
691 c. Upon a unit owner's written request, the association
692 must provide the unit owner with a username and password and
693 access to the protected sections of the association's website or
694 application which contain any notices, records, or documents
695 that must be electronically provided.
696 2. A current copy of the following documents must be
697 posted in digital format on the association's website or
698 application:
699 a. The recorded declaration of condominium of each
700 condominium operated by the association and each amendment to

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701 each declaration.
702 b. The recorded bylaws of the association and each
703 amendment to the bylaws.
704 c. The articles of incorporation of the association, or
705 other documents creating the association, and each amendment to
706 the articles of incorporation or other documents. The copy
707 posted pursuant to this sub-subparagraph must be a copy of the
708 articles of incorporation filed with the Department of State.
709 d. The rules of the association.
710 e. A list of all executory contracts or documents to which
711 the association is a party or under which the association or the
712 unit owners have an obligation or responsibility and, after
713 bidding for the related materials, equipment, or services has
714 closed, a list of bids received by the association within the
715 past year. Summaries of bids for materials, equipment, or
716 services which exceed $500 must be maintained on the website or
717 application for 1 year. In lieu of summaries, complete copies of
718 the bids may be posted.
719 f. The annual budget required by s. 718.112(2)(f) and any
720 proposed budget to be considered at the annual meeting.
721 g. The financial report required by subsection (13) and
722 any monthly income or expense statement to be considered at a
723 meeting.
724 h. The certification of each director required by s.
725 718.112(2)(d)4.b.

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726 i. All contracts or transactions between the association
727 and any director, officer, corporation, firm, or association
728 that is not an affiliated condominium association or any other
729 entity in which an association director is also a director or
730 officer and financially interested.
731 j. Any contract or document regarding a conflict of
732 interest or possible conflict of interest as provided in ss.
733 468.4335, 468.436(2)(b)6., and 718.3027(3).
734 k. The notice of any unit owner meeting and the agenda for
735 the meeting, as required by s. 718.112(2)(d)3., no later than 14
736 days before the meeting. The notice must be posted in plain view
737 on the front page of the website or application, or on a
738 separate subpage of the website or application labeled "Notices"
739 which is conspicuously visible and linked from the front page.
740 The association must also post on its website or application any
741 document to be considered and voted on by the owners during the
742 meeting or any document listed on the agenda at least 7 days
743 before the meeting at which the document or the information
744 within the document will be considered.
745 l. Notice of any board meeting, the agenda, and any other
746 document required for the meeting as required by s.
747 718.112(2)(c), which must be posted no later than the date
748 required for notice under s. 718.112(2)(c).
749 m. The inspection reports described in ss. 553.899 and
750 718.301(4)(p) and any other inspection report relating to a

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751 structural or life safety inspection of condominium property.
752 n. The association's most recent structural integrity
753 reserve study, if applicable.
754 o. Copies of all building permits issued for ongoing or
755 planned construction.
756 3. The association shall ensure that the information and
757 records described in paragraph (c), which are not allowed to be
758 accessible to unit owners, are not posted on the association's
759 website or application. If protected information or information
760 restricted from being accessible to unit owners is included in
761 documents that are required to be posted on the association's
762 website or application, the association shall ensure the
763 information is redacted before posting the documents.
764 Notwithstanding the foregoing, the association or its agent is
765 not liable for disclosing information that is protected or
766 restricted under this paragraph unless such disclosure was made
767 with a knowing or intentional disregard of the protected or
768 restricted nature of such information.
769 4. The failure of the association to post information
770 required under subparagraph 2. is not in and of itself
771 sufficient to invalidate any action or decision of the
772 association's board or its committees.
773 (13) FINANCIAL REPORTING.—Within 90 days after the end of
774 the fiscal year, or annually on a date provided in the bylaws,
775 the association shall prepare and complete, or contract for the

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776 preparation and completion of, a financial report for the
777 preceding fiscal year. Within 21 days after the final financial
778 report is completed by the association or received from the
779 third party, but not later than 120 days after the end of the
780 fiscal year or other date as provided in the bylaws, the
781 association shall deliver mail to each unit owner by United
782 States mail or personal delivery at the mailing address,
783 property address, e-mail address, or facsimile number provided
784 to fulfill the association's notice requirements at the address
785 last furnished to the association by the unit owner, or hand
786 deliver to each unit owner, a copy of the management letter or
787 opinion letter, as applicable, for the most recent financial
788 report, and or a notice that a copy of the most recent financial
789 report will be mailed or hand delivered to the unit owner,
790 without charge, within 5 business days after receip t of a
791 written request from the unit owner. The division shall adopt
792 rules setting forth uniform accounting principles and standards
793 to be used by all associations and addressing the financial
794 reporting requirements for multicondominium associations. The
795 rules must include, but not be limited to, standards for
796 presenting a summary of association reserves, including a good
797 faith estimate disclosing the annual amount of reserve funds
798 that would be necessary for the association to fully fund
799 reserves for each reserve item based on the straight-line
800 accounting method. This disclosure is not applicable to reserves

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801 funded via the pooling method. In adopting such rules, the
802 division shall consider the number of members and annual
803 revenues of an association. Financial reports shall be prepared
804 as follows:
805 (a) An association that meets the criteria of this
806 paragraph shall prepare a complete set of financial statements
807 in accordance with generally accepted accounting principles. The
808 financial statements must be based upon the association's total
809 annual revenues, as follows:
810 1. An association with total annual revenues of $150,000
811 or more, but less than $300,000, shall prepare compiled
812 financial statements.
813 2. An association with total annual revenues of at least
814 $300,000, but less than $500,000, shall prepare reviewed
815 financial statements.
816 3. An association with total annual revenues of $500,000
817 or more shall prepare audited financial statements.
818 (b)1. An association with total annual revenues of less
819 than $150,000 shall prepare a report of cash receipts and
820 expenditures.
821 2. A report of cash receipts and disbursements must
822 disclose the amount of receipts by accounts and receipt
823 classifications and the amount of expenses by accounts and
824 expense classifications, including, but not limited to, the
825 following, as applicable: costs for security, professional and

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826 management fees and expenses, taxes, costs for recreation
827 facilities, expenses for refuse collection and utility services,
828 expenses for lawn care, costs for building maintenance and
829 repair, insurance costs, administration and salary expenses, and
830 reserves accumulated and expended for capital expenditures,
831 planned deferred maintenance, and any other category for which
832 the association maintains reserves.
833 (c) An association may prepare, without a meeting of or
834 approval by the unit owners:
835 1. Compiled, reviewed, or audited financial statements, if
836 the association is required to prepare a report of cash receipts
837 and expenditures;
838 2. Reviewed or audited financial statements, if the
839 association is required to prepare compiled financial
840 statements; or
841 3. Audited financial statements if the association is
842 required to prepare reviewed financial statements.
843 (d) If approved by a majority of the voting interests
844 present at a properly called meeting of the association, an
845 association may prepare:
846 1. A report of cash receipts and expenditures in lieu of a
847 compiled, reviewed, or audited financial statement;
848 2. A report of cash receipts and expenditures or a
849 compiled financial statement in lieu of a reviewed or audited
850 financial statement; or

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851 3. A report of cash receipts and expenditures, a compiled
852 financial statement, or a reviewed financial statement in lieu
853 of an audited financial statement.
854
855 Such meeting and approval must occur before the end of the
856 fiscal year and is effective only for the fiscal year in which
857 the vote is taken. An association may not prepare a financial
858 report pursuant to this paragraph for consecutive fiscal years,
859 except that the approval may also be effective for the following
860 fiscal year. If the developer has not turned over control of the
861 association, all unit owners, including the developer, may vote
862 on issues related to the preparation of the association's
863 financial reports, from the date of incorporation of the
864 association through the end of the second fiscal year after the
865 fiscal year in which the certificate of a surveyor and mapper is
866 recorded pursuant to s. 718.104(4)(e) or an instrument that
867 transfers title to a unit in the condominium which is not
868 accompanied by a recorded assignment of developer rights in
869 favor of the grantee of such unit is recorded, whichever occurs
870 first. Thereafter, all unit owners except the developer may vote
871 on such issues until control is turned over to the association
872 by the developer. Any audit or review prepared under this
873 section shall be paid for by the developer if done before
874 turnover of control of the association.
875 (e) A unit owner may provide written notice to the

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876 division of the association's failure to mail or hand deliver
877 him or her a copy of the most recent financial report within 5
878 business days after he or she submitted a written request to the
879 association for a copy of such report. If the division
880 determines that the association failed to mail or hand deliver a
881 copy of the most recent financial report to the unit owner, the
882 division shall provide written notice to the association that
883 the association must mail or hand deliver a copy of the most
884 recent financial report to the unit owner and the division
885 within 5 business days after it receives such notice from the
886 division. An association that fails to comply with the
887 division's request may not waive the financial reporting
888 requirement provided in paragraph (d) for the fiscal year in
889 which the unit owner's request was made and the following fiscal
890 year. A financial report received by the division pursuant to
891 this paragraph shall be maintained, and the division shall
892 provide a copy of such report to an association member upon his
893 or her request.
894 (15) DEBIT CARDS.—
895 (a) An association and its officers, directors, employees,
896 and agents may not use a debit card issued in the name of the
897 association, or billed directly to the association, for the
898 payment of any association expense.
899 (b) A person who uses Use of a debit card issued in the
900 name of the association, or billed directly to the association,

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901 for any expense that is not a lawful obligation of the
902 association commits theft under s. 812.014. For the purposes of
903 this paragraph, the term "lawful obligation of the association"
904 means an obligation that has been properly preapproved by the
905 board and is reflected in the meeting minutes or the written
906 budget may be prosecuted as credit card fraud pursuant to s.
907 817.61.
908 Section 7. Effective January 1, 2026, paragraph (g) of
909 subsection (12) of section 718.111, Florida Statutes, as amended
910 by this act, is amended to read:
911 718.111 The association.—
912 (12) OFFICIAL RECORDS.—
913 (g)1. By January 1, 2019, An association managing a
914 condominium with 25 150 or more units which does not contain
915 timeshare units shall post digital copies of the documents
916 specified in subparagraph 2. on its website or make such
917 documents available through an application that can be
918 downloaded on a mobile device.
919 a. The association's website or application must be:
920 (I) An independent website, application, or web portal
921 wholly owned and operated by the association; or
922 (II) A website, application, or web portal operated by a
923 third-party provider with whom the association owns, leases,
924 rents, or otherwise obtains the right to operate a web page,
925 subpage, web portal, collection of subpages or web portals, or

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926 an application which is dedicated to the association's
927 activities and on which required notices, records, and documents
928 may be posted or made available by the association.
929 b. The association's website or application must be
930 accessible through the Internet and must contain a subpage, web
931 portal, or other protected electronic location that is
932 inaccessible to the general public and accessible only to unit
933 owners and employees of the association.
934 c. Upon a unit owner's written request, the association
935 must provide the unit owner with a username and password and
936 access to the protected sections of the association's website or
937 application which contain any notices, records, or documents
938 that must be electronically provided.
939 2. A current copy of the following documents must be
940 posted in digital format on the association's website or
941 application:
942 a. The recorded declaration of condominium of each
943 condominium operated by the association and each amendment to
944 each declaration.
945 b. The recorded bylaws of the association and each
946 amendment to the bylaws.
947 c. The articles of incorporation of the association, or
948 other documents creating the association, and each amendment to
949 the articles of incorporation or other documents. The copy
950 posted pursuant to this sub-subparagraph must be a copy of the

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951 articles of incorporation filed with the Department of State.
952 d. The rules of the association.
953 e. A list of all executory contracts or documents to which
954 the association is a party or under which the association or the
955 unit owners have an obligation or responsibility and, after
956 bidding for the related materials, equipment, or services has
957 closed, a list of bids received by the association within the
958 past year. Summaries of bids for materials, equipment, or
959 services which exceed $500 must be maintained on the website or
960 application for 1 year. In lieu of summaries, complete copies of
961 the bids may be posted.
962 f. The annual budget required by s. 718.112(2)(f) and any
963 proposed budget to be considered at the annual meeting.
964 g. The financial report required by subsection (13) and
965 any monthly income or expense statement to be considered at a
966 meeting.
967 h. The certification of each director required by s.
968 718.112(2)(d)4.b.
969 i. All contracts or transactions between the association
970 and any director, officer, corporation, firm, or association
971 that is not an affiliated condominium association or any other
972 entity in which an association director is also a director or
973 officer and financially interested.
974 j. Any contract or document regarding a conflict of
975 interest or possible conflict of interest as provided in ss.

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976 468.4335, 468.436(2)(b)6., and 718.3027(3).
977 k. The notice of any unit owner meeting and the agenda for
978 the meeting, as required by s. 718.112(2)(d)3., no later than 14
979 days before the meeting. The notice must be posted in plain view
980 on the front page of the website or application, or on a
981 separate subpage of the website or application labeled "Notices"
982 which is conspicuously visible and linked from the front page.
983 The association must also post on its website or application any
984 document to be considered and voted on by the owners during the
985 meeting or any document listed on the agenda at least 7 days
986 before the meeting at which the document or the information
987 within the document will be considered.
988 l. Notice of any board meeting, the agenda, and any other
989 document required for the meeting as required by s.
990 718.112(2)(c), which must be posted no later than the date
991 required for notice under s. 718.112(2)(c).
992 m. The inspection reports described in ss. 553.899 and
993 718.301(4)(p) and any other inspection report relating to a
994 structural or life safety inspection of condominium property.
995 n. The association's most recent structural integrity
996 reserve study, if applicable.
997 o. Copies of all building permits issued for ongoing or
998 planned construction.
999 3. The association shall ensure that the information and
1000 records described in paragraph (c), which are not allowed to be

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1001 accessible to unit owners, are not posted on the association's
1002 website or application. If protected information or information
1003 restricted from being accessible to unit owners is included in
1004 documents that are required to be posted on the association's
1005 website or application, the association shall ensure the
1006 information is redacted before posting the documents.
1007 Notwithstanding the foregoing, the association or its agent is
1008 not liable for disclosing information that is protected or
1009 restricted under this paragraph unless such disclosure was made
1010 with a knowing or intentional disregard of the protected or
1011 restricted nature of such information.
1012 4. The failure of the association to post information
1013 required under subparagraph 2. is not in and of itself
1014 sufficient to invalidate any action or decision of the
1015 association's board or its committees.
1016 Section 8. Paragraphs (c), (d), (f), (g), (i), and (q) of
1017 subsection (2) of section 718.112, Florida Statutes, are
1018 amended, and paragraph (r) is added to that subsection, to read:
1019 718.112 Bylaws.—
1020 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
1021 following and, if they do not do so, shall be deemed to include
1022 the following:
1023 (c) Board of administration meetings.—In a residential
1024 condominium association of more than 10 units, the board of
1025 administration shall meet at least four times each year for the

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1026 purpose of responding to inquiries from members and informing
1027 members on the state of the condominium, including the status of
1028 any construction or repair projects, the status of the
1029 association's revenue and expenditures during the fiscal year,
1030 or other issues affecting the association. Meetings of the board
1031 of administration at which a quorum of the members is present
1032 are open to all unit owners. Members of the board of
1033 administration may use e-mail as a means of communication but
1034 may not cast a vote on an association matter via e-mail. A unit
1035 owner may tape record or videotape the meetings. The right to
1036 attend such meetings includes the right to speak at such
1037 meetings with reference to all designated agenda items. The
1038 division shall adopt reasonable rules governing the tape
1039 recording and videotaping of the meeting. The association may
1040 adopt written reasonable rules governing the frequency,
1041 duration, and manner of unit owner statements.
1042 1. Adequate notice of all board meetings, which must
1043 specifically identify all agenda items, must be posted
1044 conspicuously on the condominium property at least 48 continuous
1045 hours before the meeting except in an emergency. If 20 percent
1046 of the voting interests petition the board to address an item of
1047 business, the board, within 60 days after receipt of the
1048 petition, shall place the item on the agenda at its next regular
1049 board meeting or at a special meeting called for that purpose.
1050 An item not included on the notice may be taken up on an

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1051 emergency basis by a vote of at least a majority plus one of the
1052 board members. Such emergency action must be noticed and
1053 ratified at the next regular board meeting. Written notice of a
1054 meeting at which a nonemergency special assessment or an
1055 amendment to rules regarding unit use will be considered must be
1056 mailed, delivered, or electronically transmitted to the unit
1057 owners and posted conspicuously on the condominium property at
1058 least 14 days before the meeting. Evidence of compliance with
1059 this 14-day notice requirement must be made by an affidavit
1060 executed by the person providing the notice and filed with the
1061 official records of the association. Notice of any meeting in
1062 which regular or special assessments against unit owners are to
1063 be considered must specifically state that assessments will be
1064 considered and provide the estimated cost and description of the
1065 purposes for such assessments.
1066 2. Upon notice to the unit owners, the board shall, by
1067 duly adopted rule, designate a specific location on the
1068 condominium property at which where all notices of board
1069 meetings must be posted. If there is no condominium property at
1070 which where notices can be posted, notices shall be mailed,
1071 delivered, or electronically transmitted to each unit owner at
1072 least 14 days before the meeting. In lieu of or in addition to
1073 the physical posting of the notice on the condominium property,
1074 the association may, by reasonable rule, adopt a procedure for
1075 conspicuously posting and repeatedly broadcasting the notice and

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1076 the agenda on a closed-circuit cable television system serving
1077 the condominium association. However, if broadcast notice is
1078 used in lieu of a notice physically posted on condominium
1079 property, the notice and agenda must be broadcast at least four
1080 times every broadcast hour of each day that a posted notice is
1081 otherwise required under this section. If broadcast notice is
1082 provided, the notice and agenda must be broadcast in a manner
1083 and for a sufficient continuous length of time so as to allow an
1084 average reader to observe the notice and read and comprehend the
1085 entire content of the notice and the agenda. In addition to any
1086 of the authorized means of providing notice of a meeting of the
1087 board, the association may, by rule, adopt a procedure for
1088 conspicuously posting the meeting notice and the agenda on a
1089 website serving the condominium association for at least the
1090 minimum period of time for which a notice of a meeting is also
1091 required to be physically posted on the condominium property.
1092 Any rule adopted shall, in addition to other matters, include a
1093 requirement that the association send an electronic notice in
1094 the same manner as a notice for a meeting of the members, which
1095 must include a hyperlink to the website at which where the
1096 notice is posted, to unit owners whose e-mail addresses are
1097 included in the association's official records.
1098 3. Notice of any meeting in which regular or special
1099 assessments against unit owners are to be considered must
1100 specifically state that assessments will be considered and

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1101 provide the estimated cost and description of the purposes for
1102 such assessments. If an agenda item relates to the approval of a
1103 contract for goods or services, a copy of the contract must be
1104 provided with the notice.
1105 4.2. Meetings of a committee to take final action on
1106 behalf of the board or make recommendations to the board
1107 regarding the association budget are subject to this paragraph.
1108 Meetings of a committee that does not take final action on
1109 behalf of the board or make recommendations to the board
1110 regarding the association budget are subject to this section,
1111 unless those meetings are exempted from this section by the
1112 bylaws of the association.
1113 5.3. Notwithstanding any other law, the requirement that
1114 board meetings and committee meetings be open to the unit owners
1115 does not apply to:
1116 a. Meetings between the board or a committee and the
1117 association's attorney, with respect to proposed or pending
1118 litigation, if the meeting is held for the purpose of seeking or
1119 rendering legal advice; or
1120 b. Board meetings held for the purpose of discussing
1121 personnel matters.
1122 (d) Unit owner meetings.—
1123 1. An annual meeting of the unit owners must be held at
1124 the location provided in the association bylaws and, if the
1125 bylaws are silent as to the location, the meeting must be held

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1126 within 45 miles of the condominium property. However, such
1127 distance requirement does not apply to an association governing
1128 a timeshare condominium.
1129 2. Unless the bylaws provide otherwise, a vacancy on the
1130 board caused by the expiration of a director's term must be
1131 filled by electing a new board member, and the election must be
1132 by secret ballot. An election is not required if the number of
1133 vacancies equals or exceeds the number of candidates. For
1134 purposes of this paragraph, the term "candidate" means an
1135 eligible person who has timely submitted the written notice, as
1136 described in sub-subparagraph 4.a., of his or her intention to
1137 become a candidate. Except in a timeshare or nonresidential
1138 condominium, or if the staggered term of a board member does not
1139 expire until a later annual meeting, or if all members' terms
1140 would otherwise expire but there are no candidates, the terms of
1141 all board members expire at the annual meeting, and such members
1142 may stand for reelection unless prohibited by the bylaws. Board
1143 members may serve terms longer than 1 year if permitted by the
1144 bylaws or articles of incorporation. A board member may not
1145 serve more than 8 consecutive years unless approved by an
1146 affirmative vote of unit owners representing two-thirds of all
1147 votes cast in the election or unless there are not enough
1148 eligible candidates to fill the vacancies on the board at the
1149 time of the vacancy. Only board service that occurs on or after
1150 July 1, 2018, may be used when calculating a board member's term

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1151 limit. If the number of board members whose terms expire at the
1152 annual meeting equals or exceeds the number of candidates, the
1153 candidates become members of the board effective upon the
1154 adjournment of the annual meeting. Unless the bylaws provide
1155 otherwise, any remaining vacancies shall be filled by the
1156 affirmative vote of the majority of the directors making up the
1157 newly constituted board even if the directors constit ute less
1158 than a quorum or there is only one director. In a residential
1159 condominium association of more than 10 units or in a
1160 residential condominium association that does not include
1161 timeshare units or timeshare interests, co-owners of a unit may
1162 not serve as members of the board of directors at the same time
1163 unless they own more than one unit or unless there are not
1164 enough eligible candidates to fill the vacancies on the board at
1165 the time of the vacancy. A unit owner in a residential
1166 condominium desiring to be a candidate for board membership must
1167 comply with sub-subparagraph 4.a. and must be eligible to be a
1168 candidate to serve on the board of directors at the time of the
1169 deadline for submitting a notice of intent to run in order to
1170 have his or her name listed as a proper candidate on the ballot
1171 or to serve on the board. A person who has been suspended or
1172 removed by the division under this chapter, or who is delinquent
1173 in the payment of any assessment due to the association, is not
1174 eligible to be a candidate for board membership and may not be
1175 listed on the ballot. For purposes of this paragraph, a person

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1176 is delinquent if a payment is not made by the due date as
1177 specifically identified in the declaration of condominium,
1178 bylaws, or articles of incorporation. If a due date is not
1179 specifically identified in the declaration of condominium,
1180 bylaws, or articles of incorporation, the due date is the first
1181 day of the assessment period. A person who has been convicted of
1182 any felony in this state or in a United States District or
1183 Territorial Court, or who has been convicted of any offense in
1184 another jurisdiction which would be considered a felony if
1185 committed in this state, is not eligible for board membership
1186 unless such felon's civil rights have been restored for at le ast
1187 5 years as of the date such person seeks election to the board.
1188 The validity of an action by the board is not affected if it is
1189 later determined that a board member is ineligible for board
1190 membership due to having been convicted of a felony. This
1191 subparagraph does not limit the term of a member of the board of
1192 a nonresidential or timeshare condominium.
1193 3. The bylaws must provide the method of calling meetings
1194 of unit owners, including annual meetings. Written notice of an
1195 annual meeting must include an agenda; be mailed, hand
1196 delivered, or electronically transmitted to each unit owner at
1197 least 14 days before the annual meeting; and be posted in a
1198 conspicuous place on the condominium property or association
1199 property at least 14 continuous days before the annual meeting.
1200 Written notice of a meeting other than an annual meeting must

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1201 include an agenda; be mailed, hand delivered, or electronically
1202 transmitted to each unit owner; and be posted in a conspicuous
1203 place on the condominium property or association property within
1204 the timeframe specified in the bylaws. If the bylaws do not
1205 specify a timeframe for written notice of a meeting other than
1206 an annual meeting, notice must be provided at least 14
1207 continuous days before the meeting. Upon notice to the unit
1208 owners, the board shall, by duly adopted rule, designate a
1209 specific location on the condominium property or association
1210 property at which where all notices of unit owner meetings must
1211 be posted. This requirement does not apply if there is no
1212 condominium property for posting notices. In lieu of, or in
1213 addition to, the physical posting of meeting notices, the
1214 association may, by reasonable rule, adopt a procedure for
1215 conspicuously posting and repeatedly broadcasting the notice and
1216 the agenda on a closed-circuit cable television system serving
1217 the condominium association. However, if broadcast notice is
1218 used in lieu of a notice posted physically on the condominium
1219 property, the notice and agenda must be broadcast at least four
1220 times every broadcast hour of each day that a posted notice is
1221 otherwise required under this section. If broadcast notice is
1222 provided, the notice and agenda must be broadcast in a manner
1223 and for a sufficient continuous length of time so as to allow an
1224 average reader to observe the notice and read and comprehend the
1225 entire content of the notice and the agenda. In addition to any

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1226 of the authorized means of providing notice of a meeting of the
1227 board, the association may, by rule, adopt a procedure for
1228 conspicuously posting the meeting notice and the agenda on a
1229 website serving the condominium association for at least the
1230 minimum period of time for which a notice of a meeting is also
1231 required to be physically posted on the condominium property.
1232 Any rule adopted shall, in addition to other matters, include a
1233 requirement that the association send an electronic notice in
1234 the same manner as a notice for a meeting of the members, which
1235 must include a hyperlink to the website at which where the
1236 notice is posted, to unit owners whose e-mail addresses are
1237 included in the association's official records. Unless a unit
1238 owner waives in writing the right to receive notice of the
1239 annual meeting, such notice must be hand delivered, mailed, or
1240 electronically transmitted to each unit owner. Notice for
1241 meetings and notice for all other purposes must be mailed to
1242 each unit owner at the address last furnished to the association
1243 by the unit owner, or hand delivered to each unit owner.
1244 However, if a unit is owned by more than one person, the
1245 association must provide notice to the address that the
1246 developer identifies for that purpose and thereafter as one or
1247 more of the owners of the unit advise the association in
1248 writing, or if no address is given or the owners of the unit do
1249 not agree, to the address provided on the deed of record. An
1250 officer of the association, or the manager or other person

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1251 providing notice of the association meeting, must provide an
1252 affidavit or United States Postal Service certificate of
1253 mailing, to be included in the official records of the
1254 association affirming that the notice was mailed or hand
1255 delivered in accordance with this provision.
1256 4. The members of the board of a residential condominium
1257 shall be elected by written ballot or voting machine. Proxies
1258 may not be used in electing the board in general elections or
1259 elections to fill vacancies caused by recall, resignation, or
1260 otherwise, unless otherwise provided in this chapter. This
1261 subparagraph does not apply to an association governing a
1262 timeshare condominium.
1263 a. At least 60 days before a scheduled election, the
1264 association shall mail, deliver, or electronically transmit, by
1265 separate association mailing or included in another association
1266 mailing, delivery, or transmission, including regularly
1267 published newsletters, to each unit owner entitled to a vote, a
1268 first notice of the date of the election. A unit owner or other
1269 eligible person desiring to be a candidate for the board must
1270 give written notice of his or her intent to be a candidate to
1271 the association at least 40 days before a scheduled ele ction.
1272 Together with the written notice and agenda as set forth in
1273 subparagraph 3., the association shall mail, deliver, or
1274 electronically transmit a second notice of the election to all
1275 unit owners entitled to vote, together with a ballot that lists

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1276 all candidates not less than 14 days or more than 34 days before
1277 the date of the election. Upon request of a candidate, an
1278 information sheet, no larger than 8 1/2 inches by 11 inches,
1279 which must be furnished by the candidate at least 35 days before
1280 the election, must be included with the mailing, delivery, or
1281 transmission of the ballot, with the costs of mailing, delivery,
1282 or electronic transmission and copying to be borne by the
1283 association. The association is not liable for the contents of
1284 the information sheets prepared by the candidates. In order to
1285 reduce costs, the association may print or duplicate the
1286 information sheets on both sides of the paper. The division
1287 shall by rule establish voting procedures consistent with this
1288 sub-subparagraph, including rules establishing procedures for
1289 giving notice by electronic transmission and rules providing for
1290 the secrecy of ballots. Elections shall be decided by a
1291 plurality of ballots cast. There is no quorum requirement;
1292 however, at least 20 percent of the eligible voters must cast a
1293 ballot in order to have a valid election. A unit owner may not
1294 authorize any other person to vote his or her ballot, and any
1295 ballots improperly cast are invalid. A unit owner who violates
1296 this provision may be fined by the association in a ccordance
1297 with s. 718.303. A unit owner who needs assistance in casting
1298 the ballot for the reasons stated in s. 101.051 may obtain such
1299 assistance. The regular election must occur on the date of the
1300 annual meeting. Notwithstanding this sub-subparagraph, an

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1301 election is not required unless more candidates file notices of
1302 intent to run or are nominated than board vacancies exist.
1303 b. A director of a Within 90 days after being elected or
1304 appointed to the board of an association of a residential
1305 condominium, each newly elected or appointed director shall:
1306 (I) Certify in writing to the secretary of the association
1307 that he or she has read the association's declaration of
1308 condominium, articles of incorporation, bylaws, and current
1309 written policies; that he or she will work to uphold such
1310 documents and policies to the best of his or her ability; and
1311 that he or she will faithfully discharge his or her fiduciary
1312 responsibility to the association's members.
1313 (II) Submit to the secretary of the association In lieu of
1314 this written certification, within 90 days after being elected
1315 or appointed to the board, the newly elected or appointed
1316 director may submit a certificate of having satisfactorily
1317 completed the educational curriculum administered by the
1318 division or a division-approved condominium education provider
1319 within 1 year before or 90 days after the date of election or
1320 appointment.
1321
1322 Each newly elected or appointed director must submit to the
1323 secretary of the association the written certification and
1324 educational certificate within 1 year before being elected or
1325 appointed or 90 days after the date of election or appointment.

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1326 A director of an association of a residential condominium who
1327 was elected or appointed before July 1, 2024, must comply with
1328 the written certification and educational certificate
1329 requirements in this sub-subparagraph by June 30, 2025. The
1330 written certification and or educational certificate is valid
1331 for 7 years after the date of issuance and does not have to be
1332 resubmitted as long as the director serves on the board without
1333 interruption during the 7-year period. A director who is
1334 appointed by the developer may satisfy the educational
1335 certificate requirement in sub-sub-subparagraph (II) for any
1336 subsequent appointment to a board by a developer within 7 years
1337 after the date of issuance of the most recent educational
1338 certificate, including any interruption of service on a board or
1339 appointment to a board in another association within that 7-year
1340 period. One year after submission of the most recent written
1341 certification and educational certificate, and annually
1342 thereafter, a director of an association of a residential
1343 condominium must submit to the secretary of the association a
1344 certificate of having satisfactorily completed an educational
1345 curriculum administered by the division, or a division-approved
1346 condominium education provider, relating to any recent changes
1347 to this chapter and the related administrative rules during the
1348 past year. A director of an association of a residential
1349 condominium who fails to timely file the written certification
1350 and or educational certificate is suspended from service on the

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1351 board until he or she complies with this sub-subparagraph. The
1352 board may temporarily fill the vacancy during the period of
1353 suspension. The secretary shall cause the association to retain
1354 a director's written certification and or educational
1355 certificate for inspection by the members for 5 years after a
1356 director's election or the duration of the director's
1357 uninterrupted tenure, whichever is longer. Failure to h ave such
1358 written certification and or educational certificate on file
1359 does not affect the validity of any board action.
1360 c. Any challenge to the election process must be commenced
1361 within 60 days after the election results are announced.
1362 5. Any approval by unit owners called for by this chapter
1363 or the applicable declaration or bylaws, including, but not
1364 limited to, the approval requirement in s. 718.111(8), must be
1365 made at a duly noticed meeting of unit owners and is subject to
1366 all requirements of this chapter or the applicable condominium
1367 documents relating to unit owner decisionmaking, except that
1368 unit owners may take action by written agreement, without
1369 meetings, on matters for which action by written agreement
1370 without meetings is expressly allowed by the applicable bylaws
1371 or declaration or any law that provides for such action.
1372 6. Unit owners may waive notice of specific meetings if
1373 allowed by the applicable bylaws or declaration or any law.
1374 Notice of meetings of the board of administration; unit owne r
1375 meetings, except unit owner meetings called to recall board

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1376 members under paragraph (l); and committee meetings may be given
1377 by electronic transmission to unit owners who consent to receive
1378 notice by electronic transmission. A unit owner who consents to
1379 receiving notices by electronic transmission is solely
1380 responsible for removing or bypassing filters that block receipt
1381 of mass e-mails sent to members on behalf of the association in
1382 the course of giving electronic notices.
1383 7. Unit owners have the right to participate in meetings
1384 of unit owners with reference to all designated agenda items.
1385 However, the association may adopt reasonable rules governing
1386 the frequency, duration, and manner of unit owner participation.
1387 8. A unit owner may tape record or videotape a meeting of
1388 the unit owners subject to reasonable rules adopted by the
1389 division.
1390 9. Unless otherwise provided in the bylaws, any vacancy
1391 occurring on the board before the expiration of a term may be
1392 filled by the affirmative vote of the majority of the remaining
1393 directors, even if the remaining directors constitute less than
1394 a quorum, or by the sole remaining director. In the alternative,
1395 a board may hold an election to fill the vacancy, in which case
1396 the election procedures must conform to sub-subparagraph 4.a.
1397 unless the association governs 10 units or fewer and has opted
1398 out of the statutory election process, in which case the bylaws
1399 of the association control. Unless otherwise provided in the
1400 bylaws, a board member appointed or elected under this section

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1401 shall fill the vacancy for the unexpired term of the seat being
1402 filled. Filling vacancies created by recall is governed by
1403 paragraph (l) and rules adopted by the division.
1404 10. This chapter does not limit the use of general or
1405 limited proxies, require the use of general or limited proxies,
1406 or require the use of a written ballot or voting machine for any
1407 agenda item or election at any meeting of a timeshare
1408 condominium association or nonresidential condominium
1409 association.
1410
1411 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
1412 association of 10 or fewer units may, by affirmative vote of a
1413 majority of the total voting interests, provide for different
1414 voting and election procedures in its bylaws, which may be by a
1415 proxy specifically delineating the different voting and election
1416 procedures. The different voting and election procedures may
1417 provide for elections to be conducted by limited or general
1418 proxy.
1419 (f) Annual budget.—
1420 1. The proposed annual budget of estimated revenues and
1421 expenses must be detailed and must show the amounts budgeted by
1422 accounts and expense classifications, including, at a minimum,
1423 any applicable expenses listed in s. 718.504(21). The board
1424 shall adopt the annual budget at least 14 days before the start
1425 of the association's fiscal year. In the event that the board

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1426 fails to timely adopt the annual budget a second time, it is
1427 deemed a minor violation and the prior year's budget shall
1428 continue in effect until a new budget is adopted. A
1429 multicondominium association must adopt a separate budget of
1430 common expenses for each condominium the association operates
1431 and must adopt a separate budget of common expenses for the
1432 association. In addition, if the association maintains limited
1433 common elements with the cost to be shared only by those
1434 entitled to use the limited common elements as provided for in
1435 s. 718.113(1), the budget or a schedule attached to it must show
1436 the amount budgeted for this maintenance. If, after turnover of
1437 control of the association to the unit owners, any of the
1438 expenses listed in s. 718.504(21) are not applicable, they do
1439 not need to be listed.
1440 2.a. In addition to annual operating expenses, the budget
1441 must include reserve accounts for capital expenditures and
1442 planned deferred maintenance. These accounts must include, but
1443 are not limited to, roof replacement, building painting, and
1444 pavement resurfacing, regardless of the amount of planned
1445 deferred maintenance expense or replacement cost, and any other
1446 item that has a planned deferred maintenance expense or
1447 replacement cost that exceeds $10,000. The amount to be reserved
1448 must be computed using a formula based upon estimated remaining
1449 useful life and estimated replacement cost or planned deferred
1450 maintenance expense of the reserve item. In a budget adopted by

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1451 an association that is required to obtain a structural integrity
1452 reserve study, reserves must be maintained for the items
1453 identified in paragraph (g) for which the association is
1454 responsible pursuant to the declaration of condominium, and the
1455 reserve amount for such items must be based on the findings and
1456 recommendations of the association's most recent structural
1457 integrity reserve study. With respect to items for which an
1458 estimate of useful life is not readily ascertainable or with an
1459 estimated remaining useful life of greater than 25 years, an
1460 association is not required to reserve replacement costs for
1461 such items, but an association must reserve the amount of
1462 planned deferred maintenance expense, if any, which is
1463 recommended by the structural integrity reserve study for such
1464 items. The association may adjust replacement reserve
1465 assessments annually to take into account an inflation
1466 adjustment and any changes in estimates or extension of the
1467 useful life of a reserve item caused by planned deferred
1468 maintenance. The members of a unit-owner-controlled association
1469 may determine, by a majority vote of the total voting interests
1470 of the association, to provide no reserves or less reserves than
1471 required by this subsection. For a budget adopted on or after
1472 December 31, 2024, the members of a unit-owner-controlled
1473 association that must obtain a structural integrity reserve
1474 study may not determine to provide no reserves or less reserves
1475 than required by this subsection for items listed in paragraph

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1476 (g), except that members of an association operating a
1477 multicondominium may determine to provide no reserves or less
1478 reserves than required by this subsection if an alternative
1479 funding method has been approved by the division. Additionally,
1480 members of an association may determine to provide no reserves
1481 or less reserves than required by this subsection if the
1482 condominium building or units are unsafe and uninhabitable due
1483 to substantial damage or loss as determined by the local
1484 enforcement agency, as defined in s. 553.71, and it is in the
1485 best interests of the association to use revenues and existing
1486 reserve funds to perform necessary repairs to make the building
1487 or units safe and habitable, but an association may not opt for
1488 such a waiver of reserve requirements after the bui lding or
1489 units have been declared safe for occupancy by the local
1490 enforcement agency.
1491 b. Before turnover of control of an association by a
1492 developer to unit owners other than a developer under s.
1493 718.301, the developer-controlled association may not vote to
1494 waive the reserves or reduce funding of the reserves. If a
1495 meeting of the unit owners has been called to determine whether
1496 to waive or reduce the funding of reserves and no such result is
1497 achieved or a quorum is not attained, the reserves included in
1498 the budget shall go into effect. After the turnover, the
1499 developer may vote its voting interest to waive or reduce the
1500 funding of reserves.

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1501 3. Reserve funds and any interest accruing thereon shall
1502 remain in the reserve account or accounts, and may be used only
1503 for authorized reserve expenditures unless their use for other
1504 purposes is approved in advance by a majority vote of all the
1505 total voting interests of the association. Before turnover of
1506 control of an association by a developer to unit owners other
1507 than the developer pursuant to s. 718.301, the developer -
1508 controlled association may not vote to use reserves for purposes
1509 other than those for which they were intended. For a budget
1510 adopted on or after December 31, 2024, members of a unit -owner-
1511 controlled association that must obtain a structural integrity
1512 reserve study may not vote to use reserve funds, or any interest
1513 accruing thereon, for any other purpose other than the
1514 replacement or planned deferred maintenance costs of the
1515 components listed in paragraph (g).
1516 4. The only voting interests that are eligible to vote on
1517 questions that involve waiving or reducing the funding of
1518 reserves, or using existing reserve funds for purposes other
1519 than purposes for which the reserves were intended, are the
1520 voting interests of the units subject to assessment to fund the
1521 reserves in question. Proxy questions relating to waiving or
1522 reducing the funding of reserves or using existing reserve funds
1523 for purposes other than purposes for which the reserves were
1524 intended must contain the following statement in capitalized,
1525 bold letters in a font size larger than any other used on the

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1526 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
1527 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
1528 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
1529 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
1530 (g) Structural integrity reserve study.—
1531 1. A residential condominium association must have a
1532 structural integrity reserve study completed at least every 10
1533 years after the condominium's creation for each building on the
1534 condominium property that is three stories or higher in height,
1535 as determined by the Florida Building Code, which includes, at a
1536 minimum, a study of the following items as related to the
1537 structural integrity and safety of the building:
1538 a. Roof.
1539 b. Structure, including load-bearing walls and other
1540 primary structural members and primary structural systems as
1541 those terms are defined in s. 627.706.
1542 c. Fireproofing and fire protection systems.
1543 d. Plumbing.
1544 e. Electrical systems.
1545 f. Waterproofing and exterior painting.
1546 g. Windows and exterior doors.
1547 h. Any other item that has a planned deferred maintenance
1548 expense or replacement cost that exceeds $10,000 and the failure
1549 to replace or maintain such item negatively affects the items
1550 listed in sub-subparagraphs a.-g., as determined by the visual

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1551 inspection portion of the structural integrity reserv e study.
1552 2. A structural integrity reserve study is based on a
1553 visual inspection of the condominium property. A structural
1554 integrity reserve study may be performed by any person qualified
1555 to perform such study. However, the visual inspection portion of
1556 the structural integrity reserve study must be performed or
1557 verified by an engineer licensed under chapter 471, an architect
1558 licensed under chapter 481, or a person certified as a reserve
1559 specialist or professional reserve analyst by the Community
1560 Associations Institute or the Association of Professional
1561 Reserve Analysts.
1562 3. At a minimum, a structural integrity reserve study must
1563 identify each item of the condominium property being visually
1564 inspected, state the estimated remaining useful life and the
1565 estimated replacement cost or planned deferred maintenance
1566 expense of each item of the condominium property being visually
1567 inspected, and provide a reserve funding schedule with a
1568 recommended annual reserve amount that achieves the estimated
1569 replacement cost or planned deferred maintenance expense of each
1570 item of condominium property being visually inspected by the end
1571 of the estimated remaining useful life of the item. The
1572 structural integrity reserve study may recommend that reserves
1573 do not need to be maintained for any item for which an estimate
1574 of useful life and an estimate of replacement cost cannot be
1575 determined, or the study may recommend a planned deferred

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1576 maintenance expense amount for such item. The structural
1577 integrity reserve study may recommend that reserves for
1578 replacement costs do not need to be maintained for any item with
1579 an estimated remaining useful life of greater than 25 years, but
1580 the study may recommend a planned deferred maintenance expense
1581 amount for such item. The structural integrity reserve study may
1582 recommend a temporary pause in reserve funding or reduced
1583 reserve funding if the condominium building or units are unsafe
1584 and uninhabitable due to substantial damage or loss as
1585 determined by the local enforcement agency, as defined in s.
1586 553.71, and it is in the best interests of the association to
1587 use revenues and existing reserve funds to perform necessary
1588 repairs to make the building safe and habitable, but the reserve
1589 funding schedule may not pause reserve funding after the
1590 building has been declared safe for occupancy by the local
1591 enforcement agency.
1592 4. This paragraph does not apply to buildings less than
1593 three stories in height; single-family, two-family, or three-
1594 family dwellings with three or fewer habitable stories above
1595 ground; any portion or component of a building that has not been
1596 submitted to the condominium form of ownership; or any portion
1597 or component of a building that is maintained by a party other
1598 than the association.
1599 5. Before a developer turns over control of an association
1600 to unit owners other than the developer, the developer must have

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1601 a turnover inspection report in compliance with s. 718.301(4)(p)
1602 and (q) for each building on the condominium property that is
1603 three stories or higher in height.
1604 6. Associations existing on or before July 1, 2022, which
1605 are controlled by unit owners other than the developer, must
1606 have a structural integrity reserve study completed by December
1607 31, 2024, for each building on the condominium property that is
1608 three stories or higher in height. An association that is
1609 required to complete a milestone inspection in accordance with
1610 s. 553.899 on or before December 31, 2026, may complete the
1611 structural integrity reserve study simultaneously with the
1612 milestone inspection. In no event may the structural integrity
1613 reserve study be completed after December 31, 2026.
1614 7. If the milestone inspection required by s. 553.899, or
1615 an inspection completed for a similar local requirement, was
1616 performed within the past 5 years and meets the requirements of
1617 this paragraph, such inspection may be used in place of the
1618 visual inspection portion of the structural integrity reserve
1619 study.
1620 8. If the officers or directors of an association
1621 willfully and knowingly fail to complete a structural integrity
1622 reserve study pursuant to this paragraph, such failure is a
1623 breach of an officer's and director's fiduciary relationship to
1624 the unit owners under s. 718.111(1).
1625 9. Within 45 days after receiving the structural integrity

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1626 reserve study, the association must distribute a copy of the
1627 study to each unit owner or deliver to each unit owner a notice
1628 that the completed study is available for inspection and copying
1629 upon a written request. Distribution of a copy of the study or
1630 notice must be made by United States mail or personal delivery
1631 to the mailing address, property address, or any other address
1632 of the owner provided to fulfill the association's notice
1633 requirements under this chapter, or by electronic transmission
1634 to the e-mail address or facsimile number provided to fulfill
1635 the association's notice requirements to unit owners who
1636 previously consented to receive notice by electronic
1637 transmission.
1638 (i) Assessments.—
1639 1. The manner of collecting from the unit owners their
1640 shares of the common expenses shall be stated in the bylaws.
1641 Assessments shall be made against units not less frequently than
1642 quarterly in an amount which is not less than that required to
1643 provide funds in advance for payment of all of the anticipated
1644 current operating expenses and for all of the unpaid operating
1645 expenses previously incurred. Nothing in this paragraph shall
1646 preclude the right of an association to accelerate assessments
1647 of an owner delinquent in payment of common expenses.
1648 Accelerated assessments shall be due and payable on the date the
1649 claim of lien is filed. Such accelerated assessments shall
1650 include the amounts due for the remainder of the budget year in

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1651 which the claim of lien was filed.
1652 2.a. In lieu of a special assessment to fund needed
1653 repairs, maintenance, or replacement of a building component
1654 recommended by a milestone inspection required under s. 553.899
1655 or a similar local inspection requirement or a structural
1656 integrity reserve study, or unanticipated repairs, the board of
1657 a unit-owner-controlled association may approve contingent
1658 special assessments against each unit to secure a line of credit
1659 for the association to provide available funding to pay for such
1660 repairs, maintenance, or replacement. The approved line of
1661 credit must be made available to the board for the funding of
1662 the needed repairs, maintenance, or replacement. The association
1663 must record a declaration of special assessments evidencing the
1664 levy of such special assessments in the public records.
1665 b. Funding from the line of credit must be immediately
1666 available for access by the board to fund required repairs,
1667 maintenance, or replacement expenses without further approval by
1668 the members of the association. At the option of a unit owner,
1669 the special assessment may be paid in full at the time it
1670 becomes due or the payment may be amortized over a term of years
1671 as provided for by the line of credit. However, a unit owner may
1672 pay the remaining balance of the special assessment at any time
1673 during the amortization period.
1674 c. For a budget adopted on or before December 31, 2029, an
1675 association may secure a line of credit and assess a contingent

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1676 special assessment as provided in this subparagraph to meet the
1677 reserve funding schedule recommended by the structural integrity
1678 reserve study.
1679 d. Except as authorized by sub-subparagraph c., a line of
1680 credit and contingent special assessment in this paragraph may
1681 not be used as an alternative to the association's reserve
1682 funding requirements in paragraph (f).
1683 (q) Director or officer offenses.—
1684 1. A director or an officer charged by information or
1685 indictment with any of the following crimes must be removed from
1686 office:
1687 a. Forgery, as provided in s. 831.01, of a ballot envelope
1688 or voting certificate used in a condominium association
1689 election.
1690 b. Theft, as provided in s. 812.014, or embezzlement
1691 involving the association's funds or property.
1692 c. Destruction of, or the refusal to allow inspection or
1693 copying of, an official record of a condominium association
1694 which is accessible to unit owners within the time periods
1695 required by general law, in furtherance of any crime. Such act
1696 constitutes tampering with physical evidence as provided in s.
1697 918.13.
1698 d. Obstruction of justice under chapter 843.
1699 2. The board shall fill the vacancy in accordance with
1700 paragraph (2)(d) a felony theft or embezzlement offense

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1701 involving the association's funds or property must be removed
1702 from office, creating a vacancy in the office to be filled
1703 according to law until the end of the period of the suspension
1704 or the end of the director's term of office, whichever occurs
1705 first. While such director or officer has such criminal charge
1706 pending, he or she may not be appointed or elected to a position
1707 as a director or officer of any association and may not have
1708 access to the official records of any association, except
1709 pursuant to a court order. However, if the charges are resolved
1710 without a finding of guilt, the director or officer shall be
1711 reinstated for the remainder of his or her term of office, if
1712 any.
1713 (r) Fraudulent voting activities relating to association
1714 elections; penalties.—
1715 1. A person who engages in the following acts of
1716 fraudulent voting activity relating to association elections
1717 commits a misdemeanor of the first degree, punishable as
1718 provided in s. 775.082 or s. 775.083:
1719 a. Willfully and falsely swearing to or affirming an oath
1720 or affirmation, or willfully procuring another person to falsely
1721 swear to or affirm an oath or affirmation, in connection with or
1722 arising out of voting activities.
1723 b. Perpetrating or attempting to perpetrate, or aiding in
1724 the perpetration of, fraud in connection with a vote cast, to be
1725 cast, or attempted to be cast.

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1726 c. Preventing a member from voting or preventing a memb er
1727 from voting as he or she intended by fraudulently changing or
1728 attempting to change a ballot, ballot envelope, vote, or voting
1729 certificate of the member.
1730 d. Menacing, threatening, or using bribery or any other
1731 corruption to attempt, directly or indirectly, to influence,
1732 deceive, or deter a member when the member is voting.
1733 e. Giving or promising, directly or indirectly, anything
1734 of value to another member with the intent to buy the vote of
1735 that member or another member or to corruptly influence that
1736 member or another member in casting his or her vote. This sub -
1737 subparagraph does not apply to any food served which is to be
1738 consumed at an election rally or a meeting or to any item of
1739 nominal value which is used as an election advertisement,
1740 including a campaign message designed to be worn by a member.
1741 f. Using or threatening to use, directly or indirectly,
1742 force, violence, or intimidation or any tactic of coercion or
1743 intimidation to induce or compel a member to vote or refrain
1744 from voting in an election or on a particular ballot measure.
1745 2. Each of the following acts constitutes a misdemeanor of
1746 the first degree, punishable as provided in s. 775.082 or s.
1747 775.083:
1748 a. Knowingly aiding, abetting, or advising a person in the
1749 commission of a fraudulent voting activity related to
1750 association elections.

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1751 b. Agreeing, conspiring, combining, or confederating with
1752 at least one other person to commit a fraudulent voting activity
1753 related to association elections.
1754 c. Having knowledge of a fraudulent voting activity
1755 related to association elections and giving any aid to the
1756 offender with intent that the offender avoid or escape
1757 detection, arrest, trial, or punishment. This sub-subparagraph
1758 does not apply to a licensed attorney giving legal advice to a
1759 client.
1760 Section 9. Subsection (5) of section 718.113, Florida
1761 Statutes, is amended to read:
1762 718.113 Maintenance; limitation upon improvement; display
1763 of flag; hurricane shutters and protection; display of religious
1764 decorations.—
1765 (5) To protect the health, safety, and welfare of the
1766 people of the state and to ensure uniformity and consistency in
1767 the hurricane protections installed by condominium associations
1768 and unit owners, this subsection applies to all residential and
1769 mixed-use condominiums in the state, regardless of when the
1770 condominium is created pursuant to the declaration of
1771 condominium. Each board of administration of a residential
1772 condominium or mixed-use condominium must shall adopt hurricane
1773 protection shutter specifications for each building within each
1774 condominium operated by the association which may shall include
1775 color, style, and other factors deemed relevant by the board.

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1776 All specifications adopted by the board must comply with the
1777 applicable building code. The installation, maintenance, repair,
1778 replacement, and operation of hurricane protection in accordance
1779 with this subsection is not considered a material alteration or
1780 substantial addition to the common elements or association
1781 property within the meaning of this section.
1782 (a) The board may, subject to s. 718.3026 and the approval
1783 of a majority of voting interests of the residential condominium
1784 or mixed-use condominium, install or require that unit owners
1785 install hurricane shutters, impact glass, code-compliant windows
1786 or doors, or other types of code-compliant hurricane protection
1787 that complies comply with or exceeds exceed the applicable
1788 building code. A vote of the unit owners to require the
1789 installation of hurricane protection must be set forth in a
1790 certificate attesting to such vote and include the date that the
1791 hurricane protection must be installed. The board must record
1792 the certificate in the public records of the county in which the
1793 condominium is located. The certificate must include the
1794 recording data identifying the declaration of condominium and
1795 must be executed in the form required for the execution of a
1796 deed. Once the certificate is recorded, the board must mail or
1797 hand deliver a copy of the recorded certificate to the unit
1798 owners at the owners' addresses, as reflected in the rec ords of
1799 the association. The board may provide to unit owners who
1800 previously consented to receive notice by electronic

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1801 transmission a copy of the recorded certificate by electronic
1802 transmission. The failure to record the certificate or send a
1803 copy of the recorded certificate to the unit owners does not
1804 affect the validity or enforceability of the vote of the unit
1805 owners. However, A vote of the unit owners under this paragraph
1806 is not required if the installation, maintenance, repair, and
1807 replacement of the hurricane shutters, impact glass, code-
1808 compliant windows or doors, or other types of code-compliant
1809 hurricane protection, or any exterior windows, doors, or other
1810 apertures protected by the hurricane protection, is are the
1811 responsibility of the association pursuant to the declaration of
1812 condominium as originally recorded or as amended, or if the unit
1813 owners are required to install hurricane protection pursuant to
1814 the declaration of condominium as originally recorded or as
1815 amended. If hurricane protection or laminated glass or window
1816 film architecturally designed to function as hurricane
1817 protection that complies with or exceeds the current applicable
1818 building code has been previously installed, the board may not
1819 install the same type of hurricane shutters, impact glass, code-
1820 compliant windows or doors, or other types of code-compliant
1821 hurricane protection or require that unit owners install the
1822 same type of hurricane protection unless the installed hurricane
1823 protection has reached the end of its useful life or unless it
1824 is necessary to prevent damage to the common elements or to a
1825 unit except upon approval by a majority vote of the voting

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1826 interests.
1827 (b) The association is responsible for the maintenance,
1828 repair, and replacement of the hurricane shutters, impact glass,
1829 code-compliant windows or doors, or other types of code -
1830 compliant hurricane protection authorized by this subsection if
1831 such property is the responsibility of the association pursuant
1832 to the declaration of condominium. If the hurricane shutte rs,
1833 impact glass, code-compliant windows or doors, or other types of
1834 code-compliant hurricane protection are the responsibility of
1835 the unit owners pursuant to the declaration of condominium, the
1836 maintenance, repair, and replacement of such items are the
1837 responsibility of the unit owner.
1838 (b)(c) The board may operate shutters, impact glass, code-
1839 compliant windows or doors, or other types of code-compliant
1840 hurricane protection installed pursuant to this subsection
1841 without permission of the unit owners only if such operation is
1842 necessary to preserve and protect the condominium property or
1843 and association property. The installation, replacement,
1844 operation, repair, and maintenance of such shutters, impact
1845 glass, code-compliant windows or doors, or other types of code-
1846 compliant hurricane protection in accordance with the procedures
1847 set forth in this paragraph are not a material alteration to the
1848 common elements or association property within the meaning of
1849 this section.
1850 (c)(d) Notwithstanding any other provision in the

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1851 residential condominium or mixed-use condominium documents, if
1852 approval is required by the documents, a board may not refuse to
1853 approve the installation or replacement of hurricane shutters,
1854 impact glass, code-compliant windows or doors, or other types of
1855 code-compliant hurricane protection by a unit owner which
1856 conforms conforming to the specifications adopted by the board.
1857 However, a board may require the unit owner to adhere to an
1858 existing unified building scheme regarding the external
1859 appearance of the condominium.
1860 (d) A unit owner is not responsible for the cost of any
1861 removal or reinstallation of hurricane protection, including
1862 exterior windows, doors, or other apertures, if its removal is
1863 necessary for the maintenance, repair, or replacement of other
1864 condominium property or association property for which the
1865 association is responsible. The board shall determine if the
1866 removal or reinstallation of hurricane protection must be
1867 completed by the unit owner or the association. If such removal
1868 or reinstallation is completed by the association, the costs
1869 incurred by the association may not be charged to the unit
1870 owner. If such removal or reinstallation is completed by the
1871 unit owner, the association must reimburse the unit owner for
1872 the cost of the removal or reinstallation or the association
1873 must apply a credit toward future assessments in the amount of
1874 the unit owner's cost to remove or reinstall the hurricane
1875 protection.

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1876 (e) If the removal or reinstallation of hurricane
1877 protection, including exterior windows, doors, or other
1878 apertures, is the responsibility of the unit owner and the
1879 association completes such removal or reinstallation and then
1880 charges the unit owner for such removal or reinstallation, such
1881 charges are enforceable as an assessment and may be collected in
1882 the manner provided under s. 718.116.
1883 Section 10. Paragraph (e) of subsection (1) of section
1884 718.115, Florida Statutes, is amended to read:
1885 718.115 Common expenses and common surplus.—
1886 (1)
1887 (e)1. Except as provided in s. 718.113(5)(d), The expense
1888 of installation, replacement, operation, repair, and maintenance
1889 of hurricane shutters, impact glass, code-compliant windows or
1890 doors, or other types of code-compliant hurricane protection by
1891 the board pursuant to s. 718.113(5) constitutes a common expense
1892 and shall be collected as provided in this section if the
1893 association is responsible for the maintenance, repair, and
1894 replacement of the hurricane shutters, impact glass, code-
1895 compliant windows or doors, or other types of code-compliant
1896 hurricane protection pursuant to the declaration of condominium.
1897 However, if the installation of maintenance, repair, and
1898 replacement of the hurricane shutters, impact glass, code-
1899 compliant windows or doors, or other types of code-compliant
1900 hurricane protection is are the responsibility of the unit

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1901 owners pursuant to the declaration of condominium or a vote of
1902 the unit owners under s. 718.113(5), the cost of the
1903 installation of the hurricane shutters, impact glass, code-
1904 compliant windows or doors, or other types of code-compliant
1905 hurricane protection by the association is not a common expense
1906 and must shall be charged individually to the unit owners based
1907 on the cost of installation of the hurricane shutters, impact
1908 glass, code-compliant windows or doors, or other types of code-
1909 compliant hurricane protection appurtenant to the unit. The
1910 costs of installation of hurricane protection are enforceable as
1911 an assessment and may be collected in the manner provided under
1912 s. 718.116.
1913 2. Notwithstanding s. 718.116(9), and regardless of
1914 whether or not the declaration requires the association or unit
1915 owners to install, maintain, repair, or replace hurricane
1916 shutters, impact glass, code-compliant windows or doors, or
1917 other types of code-compliant hurricane protection, the a unit
1918 owner of a unit in which who has previously installed hurricane
1919 shutters in accordance with s. 718.113(5) that comply with the
1920 current applicable building code shall receive a credit when the
1921 shutters are installed; a unit owner who has previously
1922 installed impact glass or code-compliant windows or doors that
1923 comply with the current applicable building code shall receive a
1924 credit when the impact glass or code-compliant windows or doors
1925 are installed; and a unit owner who has installed other types of

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1926 code-compliant hurricane protection that complies comply with
1927 the current applicable building code has been installed is
1928 excused from any assessment levied by the association or shall
1929 receive a credit if when the same type of other code-compliant
1930 hurricane protection is installed by the association, and the
1931 credit shall be equal to the pro rata portion of the assessed
1932 installation cost assigned to each unit. A credit is applicable
1933 if the installation of hurricane protection is for all other
1934 units that do not have hurricane protection and the cost of such
1935 installation is funded by the association's budget, including
1936 the use of reserve funds. The credit must be equal to the amount
1937 that the unit owner would have been assessed to install the
1938 hurricane protection. However, such unit owner remains
1939 responsible for the pro rata share of expenses for hurricane
1940 shutters, impact glass, code-compliant windows or doors, or
1941 other types of code-compliant hurricane protection installed on
1942 common elements and association property by the board pursuant
1943 to s. 718.113(5) and remains responsible for a pro rata share of
1944 the expense of the replacement, operation, repair, and
1945 maintenance of such shutters, impact glass, code-compliant
1946 windows or doors, or other types of code-compliant hurricane
1947 protection. Expenses for the installation, replacement,
1948 operation, repair, or maintenance of hurricane protection on
1949 common elements and association property are common expenses.
1950 Section 11. Subsection (10) of section 718.116, Florid a

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1951 Statutes, is amended to read:
1952 718.116 Assessments; liability; lien and priority;
1953 interest; collection.—
1954 (10) The specific purpose or purposes of any special
1955 assessment, including any contingent special assessment levied
1956 in conjunction with the purchase of an insurance policy
1957 authorized by s. 718.111(11), approved in accordance with the
1958 condominium documents shall be set forth in a written notice of
1959 such assessment sent or delivered to each unit owner and
1960 recorded in the public records. The funds collected pursuant to
1961 a special assessment shall be used only for the specific purpose
1962 or purposes set forth in such notice. However, upon completion
1963 of such specific purpose or purposes, any excess funds will be
1964 considered common surplus, and may, at the discretion of the
1965 board, either be returned to the unit owners or applied as a
1966 credit toward future assessments.
1967 Section 12. Paragraph (a) of subsection (4) of section
1968 718.121, Florida Statutes, is amended to read:
1969 718.121 Liens.—
1970 (4)(a) If an association sends out an invoice for
1971 assessments or a unit's statement of the account described in s.
1972 718.111(12)(a)11.c. s. 718.111(12)(a)11.b., the invoice for
1973 assessments or the unit's statement of account must be delivered
1974 to the unit owner by first-class United States mail or by
1975 electronic transmission to the unit owner's e-mail address

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1976 maintained in the association's official records.
1977 Section 13. Section 718.1224, Florida Statutes, is amended
1978 to read:
1979 718.1224 Prohibition against SLAPP suits; other prohibited
1980 actions.—
1981 (1) It is the intent of the Legislature to protect the
1982 right of condominium unit owners to exercise their rights to
1983 instruct their representatives and petition for redress of
1984 grievances before their condominium association and the various
1985 governmental entities of this state as protected by the First
1986 Amendment to the United States Constitution and s. 5, Art. I of
1987 the State Constitution. The Legislature recognizes that
1988 strategic lawsuits against public participation, or "SLAPP
1989 suits," as they are typically referred to, have occurred when
1990 association members are sued by condominium associations,
1991 individuals, business entities, or governmental entities arising
1992 out of a condominium unit owner's appearance and presentation
1993 before the board of the condominium association or a
1994 governmental entity on matters related to the condominium
1995 association. However, it is the public policy of this state that
1996 condominium associations, governmental entities, business
1997 organizations, and individuals not engage in SLAPP suits,
1998 because such actions are inconsistent with the right of
1999 condominium unit owners to participate in their condominium
2000 association and in the state's institutions of government.

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2001 Therefore, the Legislature finds and declares that prohibiting
2002 such lawsuits by condominium associations, governmental
2003 entities, business entities, and individuals against condominium
2004 unit owners who address matters concerning their condominium
2005 association will preserve this fundamental state policy,
2006 preserve the constitutional rights of condominium unit owners,
2007 and ensure the continuation of representative government in this
2008 state, and ensure unit owner participation in condominium
2009 associations. It is the intent of the Legislature that such
2010 lawsuits be expeditiously disposed of by the courts. As used in
2011 this subsection, the term "governmental entity" means the state,
2012 including the executive, legislative, and judicial branches of
2013 government; law enforcement agencies; the independent
2014 establishments of the state, counties, municipalities,
2015 districts, authorities, boards, or commissions; or any agencies
2016 of these branches that are subject to chapter 286.
2017 (2) A condominium association, governmental entity,
2018 business organization, or individual in this state may not file
2019 or cause to be filed through its employees or agents any
2020 lawsuit, cause of action, claim, cross-claim, or counterclaim
2021 against a condominium unit owner without merit and solely
2022 because such condominium unit owner has exercised the right to
2023 instruct his or her representatives or the right to petition for
2024 redress of grievances before the condominium association or the
2025 various governmental entities of this state, as protected by the

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2026 First Amendment to the United States Constitution and s. 5, Art.
2027 I of the State Constitution.
2028 (3) It is unlawful for a condominium association to fine,
2029 discriminatorily increase a unit owner's assessments,
2030 discriminatorily decrease services to a unit owner, or bri ng or
2031 threaten to bring an action for possession or other civil
2032 action, including a defamation, libel, slander, or tortious
2033 interference action, based on conduct described in this
2034 subsection. In order for the unit owner to raise the defense of
2035 retaliatory conduct, the unit owner must have acted in good
2036 faith and not for any improper purposes, such as to harass or to
2037 cause unnecessary delay or for frivolous purpose or needless
2038 increase in the cost of litigation. Examples of conduct for
2039 which a condominium association, an officer, a director, or an
2040 agent of an association may not retaliate include, but are not
2041 limited to, situations in which:
2042 (a) The unit owner has in good faith complained to a
2043 governmental agency charged with responsibility for enforcement
2044 of a building, housing, or health code of a suspected violation
2045 applicable to the condominium;
2046 (b) The unit owner has organized, encouraged, or
2047 participated in a unit owners' organization;
2048 (c) The unit owner submitted information or filed a
2049 complaint alleging criminal violations or violations of this
2050 chapter or the rules of the division with the division, the

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2051 Office of the Condominium Ombudsman, a law enforcement agency, a
2052 state attorney, the Attorney General, or any other governmental
2053 agency;
2054 (d) The unit owner has exercised his or her rights under
2055 this chapter;
2056 (e) The unit owner has complained to the association or
2057 any of the association's representatives for the failure to
2058 comply with this chapter or chapter 617; or
2059 (f) The unit owner has made public statements critical of
2060 the operation or management of the association.
2061 (4) Evidence of retaliatory conduct may be raised by the
2062 unit owner as a defense in any action brought against him or her
2063 for possession.
2064 (5)(3) A condominium unit owner sued by a condominium
2065 association, governmental entity, business organization, or
2066 individual in violation of this section has a right to an
2067 expeditious resolution of a claim that the suit is in violation
2068 of this section. A condominium unit owner may petition t he court
2069 for an order dismissing the action or granting final judgment in
2070 favor of that condominium unit owner. The petitioner may file a
2071 motion for summary judgment, together with supplemental
2072 affidavits, seeking a determination that the condominium
2073 association's, governmental entity's, business organization's,
2074 or individual's lawsuit has been brought in violation of this
2075 section. The condominium association, governmental entity,

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2076 business organization, or individual shall thereafter file its
2077 response and any supplemental affidavits. As soon as
2078 practicable, the court shall set a hearing on the petitioner's
2079 motion, which shall be held at the earliest possible time after
2080 the filing of the condominium association's, governmental
2081 entity's, business organization's, or individual's response. The
2082 court may award the condominium unit owner sued by the
2083 condominium association, governmental entity, business
2084 organization, or individual actual damages arising from the
2085 condominium association's, governmental entity's, individual's,
2086 or business organization's violation of this section. A court
2087 may treble the damages awarded to a prevailing condominium unit
2088 owner and shall state the basis for the treble damages award in
2089 its judgment. The court shall award the prevailing part y
2090 reasonable attorney's fees and costs incurred in connection with
2091 a claim that an action was filed in violation of this section.
2092 (6)(4) Condominium associations may not expend association
2093 funds in prosecuting a SLAPP suit against a condominium unit
2094 owner.
2095 (7) Condominium associations may not expend association
2096 funds in support of a defamation, libel, slander, or tortious
2097 interference action against a unit owner or any other claim
2098 against a unit owner based on conduct described in subsection
2099 (3).
2100 Section 14. Paragraph (p) of subsection (4) of section

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2101 718.301, Florida Statutes, is amended to read:
2102 718.301 Transfer of association control; claims of defect
2103 by association.—
2104 (4) At the time that unit owners other than the developer
2105 elect a majority of the members of the board of administration
2106 of an association, the developer shall relinquish control of the
2107 association, and the unit owners shall accept control.
2108 Simultaneously, or for the purposes of paragraph (c) not more
2109 than 90 days thereafter, the developer shall deliver to the
2110 association, at the developer's expense, all property of the
2111 unit owners and of the association which is held or controlled
2112 by the developer, including, but not limited to, the following
2113 items, if applicable, as to each condominium operated by the
2114 association:
2115 (p) Notwithstanding when the certificate of occupancy was
2116 issued or the height of the building, a turnover inspection
2117 report included in the official records, under seal of an
2118 architect or engineer authorized to practice in this state or a
2119 person certified as a reserve specialist or professional reserve
2120 analyst by the Community Associations Institute or the
2121 Association of Professional Reserve Analysts, and consisting of
2122 a structural integrity reserve study attesting to required
2123 maintenance, condition, useful life, and replacement costs of
2124 the following applicable condominium property:
2125 1. Roof.

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2126 2. Structure, including load-bearing walls and primary
2127 structural members and primary structural systems as those terms
2128 are defined in s. 627.706.
2129 3. Fireproofing and fire protection systems.
2130 4. Plumbing.
2131 5. Electrical systems.
2132 6. Waterproofing and exterior painting.
2133 7. Windows and exterior doors.
2134 Section 15. Subsections (4) and (5) of section 718.3027,
2135 Florida Statutes, are amended to read:
2136 718.3027 Conflicts of interest.—
2137 (4) A director or an officer, or a relative of a director
2138 or an officer, who is a party to, or has an interest in, an
2139 activity that is a possible conflict of interest, as described
2140 in subsection (1), may attend the meeting at which the activity
2141 is considered by the board and is authorized to make a
2142 presentation to the board regarding the activity. After the
2143 presentation, the director or officer, and any or the relative
2144 of the director or officer, must leave the meeting during the
2145 discussion of, and the vote on, the activity. A director or an
2146 officer who is a party to, or has an interest in, the activity
2147 must recuse himself or herself from the vote. The attendance of
2148 a director or an officer with a possible conflict of interest at
2149 the meeting of the board is sufficient to constitute a quorum
2150 for the meeting and the vote in his or her absence on the

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2151 proposed activity.
2152 (5) A contract entered into between a director or an
2153 officer, or a relative of a director or an officer, and the
2154 association, which is not a timeshare condominium association,
2155 that has not been properly disclosed as a conflict of interest
2156 or potential conflict of interest as required by this section or
2157 s. 617.0832 s. 718.111(12)(g) is voidable and terminates upon
2158 the filing of a written notice terminating the contract with the
2159 board of directors which contains the consent of at least 20
2160 percent of the voting interests of the association.
2161 Section 16. Subsection (5) of section 718.303, Florida
2162 Statutes, is amended to read:
2163 718.303 Obligations of owners and occupants; remedies. —
2164 (5) An association may suspend the voting rights of a unit
2165 owner or member due to nonpayment of any fee, fine, or other
2166 monetary obligation due to the association which is more than
2167 $1,000 and more than 90 days delinquent. Proof of such
2168 obligation must be provided to the unit owner or member 30 days
2169 before such suspension takes effect. Notice of such obligation
2170 must also be provided to the unit owner at least 90 days before
2171 an election or a vote of the members. A voting interest or
2172 consent right allocated to a unit owner or member which has been
2173 suspended by the association shall be subtracted from the total
2174 number of voting interests in the association, which shall be
2175 reduced by the number of suspended voting interests when

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2176 calculating the total percentage or number of all voting
2177 interests available to take or approve any action, and the
2178 suspended voting interests shall not be considered for any
2179 purpose, including, but not limited to, the percentage or number
2180 of voting interests necessary to constitute a quorum, the
2181 percentage or number of voting interests required to conduct an
2182 election, or the percentage or number of voting interests
2183 required to approve an action under this chapter or pursuant to
2184 the declaration, articles of incorporation, or bylaws. The
2185 suspension ends upon full payment of all obligations currently
2186 due or overdue the association. The notice and hearing
2187 requirements under subsection (3) do not apply to a suspension
2188 imposed under this subsection.
2189 Section 17. Subsections (1) and (2) of section 718.501,
2190 Florida Statutes, are amended to read:
2191 718.501 Authority, responsibility, and duties of Division
2192 of Florida Condominiums, Timeshares, and Mobile Homes.—
2193 (1) The division may enforce and ensure compliance with
2194 this chapter and rules relating to the development,
2195 construction, sale, lease, ownership, operation, and management
2196 of residential condominium units and complaints related to the
2197 procedural completion of milestone inspections under s. 553.899.
2198 In performing its duties, the division has complete jurisdiction
2199 to investigate complaints and enforce compliance with respect to
2200 associations that are still under developer control or the

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2201 control of a bulk assignee or bulk buyer pursuant to part VII of
2202 this chapter and complaints against developers, bulk assignees,
2203 or bulk buyers involving improper turnover or failure to
2204 turnover, pursuant to s. 718.301. However, after turnover has
2205 occurred, the division has jurisdiction to investigate
2206 complaints related only to financial issues, elections, and the
2207 maintenance of and unit owner access to association records
2208 under s. 718.111(12), and the procedural completion of
2209 structural integrity reserve studies under s. 718.112(2)(g).
2210 (a)1. The division may make necessary public or private
2211 investigations within or outside this state to determine whether
2212 any person has violated this chapter or any rule or order
2213 hereunder, to aid in the enforcement of this chapter, or to aid
2214 in the adoption of rules or forms.
2215 2. The division may submit any official written report,
2216 worksheet, or other related paper, or a duly certified copy
2217 thereof, compiled, prepared, drafted, or otherwise made by and
2218 duly authenticated by a financial examiner or analyst to be
2219 admitted as competent evidence in any hearing in which the
2220 financial examiner or analyst is available for cross-examination
2221 and attests under oath that such documents were prepared as a
2222 result of an examination or inspection conducted pursuant to
2223 this chapter.
2224 (b) The division may require or permit any person to file
2225 a statement in writing, under oath or otherwise, as the division

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2226 determines, as to the facts and circumstances concerning a
2227 matter to be investigated.
2228 (c) For the purpose of any investigation under this
2229 chapter, the division director or any officer or employee
2230 designated by the division director may administer oaths or
2231 affirmations, subpoena witnesses and compel their attendance,
2232 take evidence, and require the production of any matter which is
2233 relevant to the investigation, including the existence,
2234 description, nature, custody, condition, and location of any
2235 books, documents, or other tangible things and the identity and
2236 location of persons having knowledge of relevant facts or any
2237 other matter reasonably calculated to lead to the discovery of
2238 material evidence. Upon the failure by a person to obey a
2239 subpoena or to answer questions propounded by the investigating
2240 officer and upon reasonable notice to all affected persons, the
2241 division may apply to the circuit court for an order compelling
2242 compliance.
2243 (d) Notwithstanding any remedies available to unit owners
2244 and associations, if the division has reasonable cause to
2245 believe that a violation of any provision of this chapter or
2246 related rule has occurred, the division may institute
2247 enforcement proceedings in its own name against any developer,
2248 bulk assignee, bulk buyer, association, officer, or member of
2249 the board of administration, or its assignees or agents, as
2250 follows:

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2251 1. The division may permit a person whose conduct or
2252 actions may be under investigation to waive formal proceedings
2253 and enter into a consent proceeding whereby orders, rules, or
2254 letters of censure or warning, whether formal or informal, may
2255 be entered against the person.
2256 2. The division may issue an order requiring the
2257 developer, bulk assignee, bulk buyer, association, developer-
2258 designated officer, or developer-designated member of the board
2259 of administration, developer-designated assignees or agents,
2260 bulk assignee-designated assignees or agents, bulk buyer-
2261 designated assignees or agents, community association manager,
2262 or community association management firm to cease and desist
2263 from the unlawful practice and take such affirmative action as
2264 in the judgment of the division carry out the purposes of this
2265 chapter. If the division finds that a developer, bulk assignee,
2266 bulk buyer, association, officer, or member of the board of
2267 administration, or its assignees or agents, is violating or is
2268 about to violate any provision of this chapter, any rule adopted
2269 or order issued by the division, or any written agreement
2270 entered into with the division, and presents an immediate danger
2271 to the public requiring an immediate final order, it may issue
2272 an emergency cease and desist order reciting with particularity
2273 the facts underlying such findings. The emergency cease and
2274 desist order is effective for 90 days. If the division begins
2275 nonemergency cease and desist proceedings, the emergency cease

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2276 and desist order remains effective until the conclusion of the
2277 proceedings under ss. 120.569 and 120.57.
2278 3. If a developer, bulk assignee, or bulk buyer fails to
2279 pay any restitution determined by the division to be owed, plus
2280 any accrued interest at the highest rate permitted by law,
2281 within 30 days after expiration of any appellate time period of
2282 a final order requiring payment of restitution or the co nclusion
2283 of any appeal thereof, whichever is later, the division must
2284 bring an action in circuit or county court on behalf of any
2285 association, class of unit owners, lessees, or purchasers for
2286 restitution, declaratory relief, injunctive relief, or any other
2287 available remedy. The division may also temporarily revoke its
2288 acceptance of the filing for the developer to which the
2289 restitution relates until payment of restitution is made.
2290 4. The division may petition the court for appointment of
2291 a receiver or conservator. If appointed, the receiver or
2292 conservator may take action to implement the court order to
2293 ensure the performance of the order and to remedy any breach
2294 thereof. In addition to all other means provided by law for the
2295 enforcement of an injunction or temporary restraining order, the
2296 circuit court may impound or sequester the property of a party
2297 defendant, including books, papers, documents, and related
2298 records, and allow the examination and use of the property by
2299 the division and a court-appointed receiver or conservator.
2300 5. The division may apply to the circuit court for an

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2301 order of restitution whereby the defendant in an action brought
2302 under subparagraph 4. is ordered to make restitution of those
2303 sums shown by the division to have been obtained by t he
2304 defendant in violation of this chapter. At the option of the
2305 court, such restitution is payable to the conservator or
2306 receiver appointed under subparagraph 4. or directly to the
2307 persons whose funds or assets were obtained in violation of this
2308 chapter.
2309 6. The division may impose a civil penalty against a
2310 developer, bulk assignee, or bulk buyer, or association, or its
2311 assignee or agent, for any violation of this chapter or related
2312 rule. The division may impose a civil penalty individually
2313 against an officer or board member who willfully and knowingly
2314 violates this chapter, an adopted rule, or a final order of the
2315 division; may order the removal of such individual as an officer
2316 or from the board of administration or as an officer of the
2317 association; and may prohibit such individual from serving as an
2318 officer or on the board of a community association for a period
2319 of time. The term "willfully and knowingly" means that the
2320 division informed the officer or board member that his or her
2321 action or intended action violates this chapter, a rule adopted
2322 under this chapter, or a final order of the division and that
2323 the officer or board member refused to comply with the
2324 requirements of this chapter, a rule adopted under this chapter,
2325 or a final order of the division. The division, before

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2326 initiating formal agency action under chapter 120, must afford
2327 the officer or board member an opportunity to voluntarily
2328 comply, and an officer or board member who complies within 10
2329 days is not subject to a civil penalty. A penalty may be imposed
2330 on the basis of each day of continuing violation, but the
2331 penalty for any offense may not exceed $5,000. The division
2332 shall adopt, by rule, penalty guidelines applicable to possible
2333 violations or to categories of violations of this chapter or
2334 rules adopted by the division. The guidelines must specify a
2335 meaningful range of civil penalties for each such violation of
2336 the statute and rules and must be based upon the harm caused by
2337 the violation, upon the repetition of the violation, and upon
2338 such other factors deemed relevant by the division. For example,
2339 the division may consider whether the violations were committed
2340 by a developer, bulk assignee, or bulk buyer, or owner-
2341 controlled association, the size of the association, and other
2342 factors. The guidelines must designate the possible mitigating
2343 or aggravating circumstances that justify a departure from the
2344 range of penalties provided by the rules. It is the legislative
2345 intent that minor violations be distinguished from those which
2346 endanger the health, safety, or welfare of the condominium
2347 residents or other persons and that such guidelines provide
2348 reasonable and meaningful notice to the public of likely
2349 penalties that may be imposed for proscribed conduct. This
2350 subsection does not limit the ability of the division to

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2351 informally dispose of administrative actions or complaints by
2352 stipulation, agreed settlement, or consent order. All amounts
2353 collected shall be deposited with the Chief Financial Officer to
2354 the credit of the Division of Florida Condominiums, Timeshares,
2355 and Mobile Homes Trust Fund. If a developer, bulk assignee, or
2356 bulk buyer fails to pay the civil penalty and the amount deemed
2357 to be owed to the association, the division shall issue an order
2358 directing that such developer, bulk assignee, or bulk buyer
2359 cease and desist from further operation until such time as the
2360 civil penalty is paid or may pursue enforcement of the penalty
2361 in a court of competent jurisdiction. If an association fails to
2362 pay the civil penalty, the division shall pursue enforc ement in
2363 a court of competent jurisdiction, and the order imposing the
2364 civil penalty or the cease and desist order is not effective
2365 until 20 days after the date of such order. Any action commenced
2366 by the division shall be brought in the county in which the
2367 division has its executive offices or in the county in which
2368 where the violation occurred.
2369 7. If a unit owner presents the division with proof that
2370 the unit owner has requested access to official records in
2371 writing by certified mail, and that after 10 days the unit owner
2372 again made the same request for access to official records in
2373 writing by certified mail, and that more than 10 days has
2374 elapsed since the second request and the association has still
2375 failed or refused to provide access to official records as

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2376 required by this chapter, the division shall issue a subpoena
2377 requiring production of the requested records at the location in
2378 which where the records are kept pursuant to s. 718.112. Upon
2379 receipt of the records, the division must provide to the unit
2380 owner who was denied access to such records the produced
2381 official records without charge.
2382 8. In addition to subparagraph 6., the division may seek
2383 the imposition of a civil penalty through the circuit court for
2384 any violation for which the division may issue a notice to show
2385 cause under paragraph (r). The civil penalty shall be at least
2386 $500 but no more than $5,000 for each violation. The court may
2387 also award to the prevailing party court costs and reasonable
2388 attorney fees and, if the division prevails, may also award
2389 reasonable costs of investigation.
2390 (e) The division may prepare and disseminate a prospectus
2391 and other information to assist prospective owners, purchasers,
2392 lessees, and developers of residential condominiums in assessing
2393 the rights, privileges, and duties pertaining thereto.
2394 (f) The division may adopt rules to administer and enforce
2395 this chapter.
2396 (g) The division shall establish procedures for providing
2397 notice to an association and the developer, bulk assignee, or
2398 bulk buyer during the period in which the developer, bulk
2399 assignee, or bulk buyer controls the association if the division
2400 is considering the issuance of a declaratory statement with

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2401 respect to the declaration of condominium or any related
2402 document governing such condominium community.
2403 (h) The division shall furnish each association that pays
2404 the fees required by paragraph (2)(a) a copy of this chapter, as
2405 amended, and the rules adopted thereto on an annual basis.
2406 (i) The division shall annually provide each association
2407 with a summary of declaratory statements and formal legal
2408 opinions relating to the operations of condominiums which were
2409 rendered by the division during the previous year.
2410 (j) The division shall provide training and educational
2411 programs for condominium association board members and unit
2412 owners. The training may, in the division's discretion, include
2413 web-based electronic media and live training and seminars in
2414 various locations throughout the state. The division may review
2415 and approve education and training programs for board members
2416 and unit owners offered by providers and shall maintain a
2417 current list of approved programs and providers and make such
2418 list available to board members and unit owners in a reasonable
2419 and cost-effective manner. The division shall provide to
2420 directors of the board of administration at no charge the
2421 educational curriculum required under s. 718.112(2)(d) and issue
2422 a certificate of satisfactory completion, including when the
2423 required educational curriculum is provided by a division-
2424 approved condominium education provider.
2425 (k) The division shall maintain a toll-free telephone

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2426 number accessible to condominium unit owners.
2427 (l) The division shall develop a program to certify both
2428 volunteer and paid mediators to provide mediation of condominium
2429 disputes. The division shall provide, upon request, a list of
2430 such mediators to any association, unit owner, or other
2431 participant in alternative dispute resolution proceedings under
2432 s. 718.1255 requesting a copy of the list. The division shall
2433 include on the list of volunteer mediators only the names of
2434 persons who have received at least 20 hours of training in
2435 mediation techniques or who have mediated at least 20 disputes.
2436 In order to become initially certified by the division, paid
2437 mediators must be certified by the Supreme Court to mediate
2438 court cases in county or circuit courts. However, the division
2439 may adopt, by rule, additional factors for the certification of
2440 paid mediators, which must be related to experience, education,
2441 or background. Any person initially certified as a paid mediator
2442 by the division must, in order to continue to be certified,
2443 comply with the factors or requirements adopted by rule.
2444 (m) If a complaint is made, the division must conduct its
2445 inquiry with due regard for the interests of the affected
2446 parties. Within 30 days after receipt of a complaint, the
2447 division shall acknowledge the complaint in writing and notify
2448 the complainant whether the complaint is within the jurisdiction
2449 of the division and whether additional information is needed by
2450 the division from the complainant. The division shall conduct

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2451 its investigation and, within 90 days after receipt of the
2452 original complaint or of timely requested additional
2453 information, take action upon the complaint. However, the
2454 failure to complete the investigation within 90 days does not
2455 prevent the division from continuing the investigation,
2456 accepting or considering evidence obtained or received after 90
2457 days, or taking administrative action if reasonable cause exists
2458 to believe that a violation of this chapter or a rule has
2459 occurred. If an investigation is not completed within the time
2460 limits established in this paragraph, the division shall, on a
2461 monthly basis, notify the complainant in writing of the status
2462 of the investigation. When reporting its action to the
2463 complainant, the division shall inform the complainant of any
2464 right to a hearing under ss. 120.569 and 120.57. The division
2465 may adopt rules regarding the submission of a complaint against
2466 an association.
2467 (n) Condominium association directors, officers, and
2468 employees; condominium developers; bulk assignees, bulk buyers,
2469 and community association managers; and community association
2470 management firms have an ongoing duty to reasonably cooperate
2471 with the division in any investigation under this section. The
2472 division shall refer to local law enforcement authorities any
2473 person whom the division believes has altered, destroyed,
2474 concealed, or removed any record, document, or thing required to
2475 be kept or maintained by this chapter with the purpose to impair

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2476 its verity or availability in the department's investigation.
2477 The division shall refer to local law enforcement authorities
2478 any person whom the division believes has engaged in fraud,
2479 theft, embezzlement, or other criminal activity or when the
2480 division has cause to believe that fraud, theft, embezzlement,
2481 or other criminal activity has occurred.
2482 (o) The division director or any officer or employee of
2483 the division and the condominium ombudsman or any employee of
2484 the Office of the Condominium Ombudsman may attend and observe
2485 any meeting of the board of administration or unit owner
2486 meeting, including any meeting of a subcommittee or special
2487 committee, which is open to members of the association for the
2488 purpose of performing the duties of the division or the Office
2489 of the Condominium Ombudsman under this chapter.
2490 (p)(o) The division may:
2491 1. Contract with agencies in this state or other
2492 jurisdictions to perform investigative functions; or
2493 2. Accept grants-in-aid from any source.
2494 (q)(p) The division shall cooperate with similar agencies
2495 in other jurisdictions to establish uniform filing procedures
2496 and forms, public offering statements, advertising standards,
2497 and rules and common administrative practices.
2498 (r)(q) The division shall consider notice to a developer,
2499 bulk assignee, or bulk buyer to be complete when it is delivered
2500 to the address of the developer, bulk assignee, or bulk buyer

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2501 currently on file with the division.
2502 (s)(r) In addition to its enforcement authority, the
2503 division may issue a notice to show cause, which must provide
2504 for a hearing, upon written request, in accordance with chapter
2505 120.
2506 (t) The division shall routinely conduct random audits of
2507 condominium associations to determine compliance with the
2508 website or application requirements for official records under
2509 s. 718.111(12)(g).
2510 (u)(s) The division shall submit to the Governor, the
2511 President of the Senate, the Speaker of the House of
2512 Representatives, and the chairs of the legislative
2513 appropriations committees an annual report that includes, but
2514 need not be limited to, the number of training programs provided
2515 for condominium association board members and unit owners, the
2516 number of complaints received by type, the number and percent of
2517 complaints acknowledged in writing within 30 days and the number
2518 and percent of investigations acted upon within 90 days in
2519 accordance with paragraph (m), and the number of investigations
2520 exceeding the 90-day requirement. The annual report must also
2521 include an evaluation of the division's core business processes
2522 and make recommendations for improvements, including statutory
2523 changes. The report shall be submitted by September 30 following
2524 the end of the fiscal year.
2525 (2)(a) Each condominium association that which operates

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2526 more than two units shall pay to the division an annual fee in
2527 the amount of $4 for each residential unit in condominiums
2528 operated by the association. The annual fee shall be filed
2529 together with the annual certification described in paragraph
2530 (c). If the fee is not paid by March 1, the association shall be
2531 assessed a penalty of 10 percent of the amount due, and the
2532 association will not have standing to maintain or defend any
2533 action in the courts of this state until the amount due, plus
2534 any penalty, is paid.
2535 (b) All fees shall be deposited in the Division of Florida
2536 Condominiums, Timeshares, and Mobile Homes Trust Fund as
2537 provided by law.
2538 (c) On the certification form provided by the division,
2539 the directors of the association shall certify that each
2540 director of the association has completed the written
2541 certification and educational certificate requirements in s.
2542 718.112(2)(d)4.b.
2543 Section 18. Subsection (1) of section 718.618, Florida
2544 Statutes, is amended to read:
2545 718.618 Converter reserve accounts; warranties.—
2546 (1) When existing improvements are converted to ownership
2547 as a residential condominium, the developer shall establish
2548 converter reserve accounts for capital expenditures and planned
2549 deferred maintenance, or give warranties as provided by
2550 subsection (6), or post a surety bond as provided by subsection

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2551 (7). The developer shall fund the converter reserve accounts in
2552 amounts calculated as follows:
2553 (a)1. When the existing improvements include an air-
2554 conditioning system serving more than one unit or property which
2555 the association is responsible to repair, maintain, or replace,
2556 the developer shall fund an air-conditioning reserve account.
2557 The amount of the reserve account shall be the product of the
2558 estimated current replacement cost of the system, as disclosed
2559 and substantiated pursuant to s. 718.616(3)(b), multiplied by a
2560 fraction, the numerator of which shall be the lesser of the age
2561 of the system in years or 9, and the denominator of which shall
2562 be 10. When such air-conditioning system is within 1,000 yards
2563 of the seacoast, the numerator shall be the lesser of the age of
2564 the system in years or 3, and the denominator shall be 4.
2565 2. The developer shall fund a plumbing reserve account.
2566 The amount of the funding shall be the product of the estimated
2567 current replacement cost of the plumbing component, as disclosed
2568 and substantiated pursuant to s. 718.616(3)(b), multiplied by a
2569 fraction, the numerator of which shall be the lesser of the age
2570 of the plumbing in years or 36, and the denominator of which
2571 shall be 40.
2572 3. The developer shall fund a roof reserve account. The
2573 amount of the funding shall be the product of the estimated
2574 current replacement cost of the roofing component, as disclosed
2575 and substantiated pursuant to s. 718.616(3)(b), multiplied by a

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2576 fraction, the numerator of which shall be the lesser of the age
2577 of the roof in years or the numerator listed in the following
2578 table. The denominator of the fraction shall be determined based
2579 on the roof type, as follows:
2580
Roof Type Numerator Denominator
2581
a. Built-up roof without insulation 4 5
2582
b. Built-up roof with insulation 4 5
2583
c. Cement tile roof 45 50
2584
d. Asphalt shingle roof 14 15
2585
e. Copper roof
2586
f. Wood shingle roof 9 10
2587
g. All other types 18 20
2588
2589 (b) The age of any component or structure for which the
2590 developer is required to fund a reserve account shall be
2591 measured in years, rounded to the nearest whole year. The amount
2592 of converter reserves to be funded by the developer for each

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2593 structure or component shall be based on the age of the
2594 structure or component as disclosed in the inspection report.
2595 The architect or engineer shall determine the age of the
2596 component from the later of:
2597 1. The date when the component or structure was replaced
2598 or substantially renewed, if the replacement or renewal of the
2599 component at least met the requirements of the then -applicable
2600 building code; or
2601 2. The date when the installation or construction of the
2602 existing component or structure was completed.
2603 (c) When the age of a component or structure is to be
2604 measured from the date of replacement or renewal, the developer
2605 shall provide the division with a certificate, under the seal of
2606 an architect or engineer authorized to practice in this state,
2607 verifying:
2608 1. The date of the replacement or renewal; and
2609 2. That the replacement or renewal at least met the
2610 requirements of the then-applicable building code.
2611 (d) In addition to establishing the reserve accounts
2612 specified above, the developer shall establish those other
2613 reserve accounts required by s. 718.112(2)(f), and shall fund
2614 those accounts in accordance with the formula provided therein.
2615 The vote to waive or reduce the funding or reserves required by
2616 s. 718.112(2)(f) does not affect or negate the obligations
2617 arising under this section.

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2618 Section 19. Paragraphs (j) and (k) of subsection (1) of
2619 section 719.106, Florida Statutes, are amended to read:
2620 719.106 Bylaws; cooperative ownership.—
2621 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
2622 documents shall provide for the following, and if they do not,
2623 they shall be deemed to include the following:
2624 (j) Annual budget.—
2625 1. The proposed annual budget of common expenses must be
2626 detailed and must show the amounts budgeted by accounts and
2627 expense classifications, including, if applicable, but not
2628 limited to, those expenses listed in s. 719.504(20). The board
2629 of administration shall adopt the annual budget at least 14 days
2630 before the start of the association's fiscal year. In the event
2631 that the board fails to timely adopt the annual budget a second
2632 time, it is deemed a minor violation and the prior year's budget
2633 shall continue in effect until a new budget is adopted.
2634 2. In addition to annual operating expenses, the budget
2635 must include reserve accounts for capital expenditures and
2636 planned deferred maintenance. These accounts must include, but
2637 not be limited to, roof replacement, building painting, and
2638 pavement resurfacing, regardless of the amount of planned
2639 deferred maintenance expense or replacement cost, and for any
2640 other items for which the planned deferred maintenance expense
2641 or replacement cost exceeds $10,000. The amount to be reserved
2642 must be computed by means of a formula which is based upon

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2643 estimated remaining useful life and estimated replacement cost
2644 or planned deferred maintenance expense of the reserve item. In
2645 a budget adopted by an association that is required to obtain a
2646 structural integrity reserve study, reserves must be maintained
2647 for the items identified in paragraph (k) for which the
2648 association is responsible pursuant to the declaration, and the
2649 reserve amount for such items must be based on the findings and
2650 recommendations of the association's most recent structural
2651 integrity reserve study. With respect to items for which an
2652 estimate of useful life is not readily ascertainable or with an
2653 estimated remaining useful life of greater than 25 years, an
2654 association is not required to reserve replacement costs for
2655 such items, but an association must reserve the amount of
2656 planned deferred maintenance expense, if any, which is
2657 recommended by the structural integrity reserve study for such
2658 items. The association may adjust replacement reserve
2659 assessments annually to take into account an inflation
2660 adjustment and any changes in estimates or extension of the
2661 useful life of a reserve item caused by planned deferred
2662 maintenance. The members of a unit-owner-controlled association
2663 may determine, by a majority vote of the total voting interests
2664 of the association, for a fiscal year to provide no reserves or
2665 reserves less adequate than required by this subsection. Before
2666 turnover of control of an association by a developer to unit
2667 owners other than a developer under s. 719.301, the developer -

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2668 controlled association may not vote to waive the reserves or
2669 reduce funding of the reserves. For a budget adopted on or after
2670 December 31, 2024, a unit-owner-controlled association that must
2671 obtain a structural integrity reserve study may not determine to
2672 provide no reserves or reserves less adequate than required by
2673 this paragraph for items listed in paragraph (k). If a meeting
2674 of the unit owners has been called to determine to provide no
2675 reserves, or reserves less adequate than required, and such
2676 result is not attained or a quorum is not attained, the reserves
2677 as included in the budget shall go into effect.
2678 3. Reserve funds and any interest accruing thereon shall
2679 remain in the reserve account or accounts, and shall be used
2680 only for authorized reserve expenditures unless their use for
2681 other purposes is approved in advance by a vote of the majority
2682 of the total voting interests of the association. Before
2683 turnover of control of an association by a developer to unit
2684 owners other than the developer under s. 719.301, the developer
2685 may not vote to use reserves for purposes other than that for
2686 which they were intended. For a budget adopted on or after
2687 December 31, 2024, members of a unit-owner-controlled
2688 association that must obtain a structural integrity reserve
2689 study may not vote to use reserve funds, or any interest
2690 accruing thereon, for purposes other than the replacement or
2691 planned deferred maintenance costs of the components listed in
2692 paragraph (k).

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2693 (k) Structural integrity reserve study.—
2694 1. A residential cooperative association must have a
2695 structural integrity reserve study completed at least every 10
2696 years for each building on the cooperative property that is
2697 three stories or higher in height, as determined by the Florida
2698 Building Code, that includes, at a minimum, a study of the
2699 following items as related to the structural integrity and
2700 safety of the building:
2701 a. Roof.
2702 b. Structure, including load-bearing walls and other
2703 primary structural members and primary structural systems as
2704 those terms are defined in s. 627.706.
2705 c. Fireproofing and fire protection systems.
2706 d. Plumbing.
2707 e. Electrical systems.
2708 f. Waterproofing and exterior painting.
2709 g. Windows and exterior doors.
2710 h. Any other item that has a planned deferred maintenance
2711 expense or replacement cost that exceeds $10,000 and the failure
2712 to replace or maintain such item negatively affects the items
2713 listed in sub-subparagraphs a.-g., as determined by the visual
2714 inspection portion of the structural integrity reserve study.
2715 2. A structural integrity reserve study is based on a
2716 visual inspection of the cooperative property. A structural
2717 integrity reserve study may be performed by any person qualified

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2718 to perform such study. However, the visual inspection portion of
2719 the structural integrity reserve study must be performed or
2720 verified by an engineer licensed under chapter 471, an architect
2721 licensed under chapter 481, or a person certified as a reserve
2722 specialist or professional reserve analyst by the Community
2723 Associations Institute or the Association of Professional
2724 Reserve Analysts.
2725 3. At a minimum, a structural integrity reserve study must
2726 identify each item of the cooperative property being visually
2727 inspected, state the estimated remaining useful life and the
2728 estimated replacement cost or planned deferred maintenance
2729 expense of each item of the cooperative property being visually
2730 inspected, and provide a reserve funding schedule with a
2731 recommended annual reserve amount that achieves the estimated
2732 replacement cost or planned deferred maintenance expense of each
2733 item of cooperative property being visually inspected by the end
2734 of the estimated remaining useful life of the item. The
2735 structural integrity reserve study may recommend that reserves
2736 do not need to be maintained for any item for which an estimate
2737 of useful life and an estimate of replacement cost cannot be
2738 determined, or the study may recommend a planned deferred
2739 maintenance expense amount for such item. The structural
2740 integrity reserve study may recommend that reserves for
2741 replacement costs do not need to be maintained for any item with
2742 an estimated remaining useful life of greater than 25 years, but

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2743 the study may recommend a planned deferred maintenance expense
2744 amount for such item.
2745 4. This paragraph does not apply to buildings less than
2746 three stories in height; single-family, two-family, or three-
2747 family dwellings with three or fewer habitable stories above
2748 ground; any portion or component of a building that has not been
2749 submitted to the cooperative form of ownership; or any portion
2750 or component of a building that is maintained by a party other
2751 than the association.
2752 5. Before a developer turns over control of an association
2753 to unit owners other than the developer, the developer must have
2754 a turnover inspection report in compliance with s. 719.301(4)(p)
2755 and (q) for each building on the cooperative property that is
2756 three stories or higher in height.
2757 6. Associations existing on or before July 1, 2022, which
2758 are controlled by unit owners other than the developer, must
2759 have a structural integrity reserve study completed by December
2760 31, 2024, for each building on the cooperative property th at is
2761 three stories or higher in height. An association that is
2762 required to complete a milestone inspection on or before
2763 December 31, 2026, in accordance with s. 553.899 may complete
2764 the structural integrity reserve study simultaneously with the
2765 milestone inspection. In no event may the structural integrity
2766 reserve study be completed after December 31, 2026.
2767 7. If the milestone inspection required by s. 553.899, or

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2768 an inspection completed for a similar local requirement, was
2769 performed within the past 5 years and meets the requirements of
2770 this paragraph, such inspection may be used in place of the
2771 visual inspection portion of the structural integrity reserve
2772 study.
2773 8. If the officers or directors of an association
2774 willfully and knowingly fail to complete a structural integrity
2775 reserve study pursuant to this paragraph, such failure is a
2776 breach of an officer's and director's fiduciary relationship to
2777 the unit owners under s. 719.104(9).
2778 9. Within 45 days after receiving the structural integrity
2779 reserve study, the association must distribute a copy of the
2780 study to each unit owner or deliver to each unit owner a notice
2781 that the completed study is available for inspection and copying
2782 upon a written request. Distribution of a copy of the study or
2783 notice must be made by United States mail or personal delivery
2784 at the mailing address, property address, or any other address
2785 of the owner provided to fulfill the association's notice
2786 requirements under this chapter, or by electronic transmission
2787 to the e-mail address or facsimile number provided to fulfill
2788 the association's notice requirements to unit owners who
2789 previously consented to receive notice by electronic
2790 transmission.
2791 Section 20. Paragraph (p) of subsection (4) of section
2792 719.301, Florida Statutes, is amended to read:

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2793 719.301 Transfer of association control.—
2794 (4) When unit owners other than the developer elect a
2795 majority of the members of the board of administration of an
2796 association, the developer shall relinquish control of the
2797 association, and the unit owners shall accept control.
2798 Simultaneously, or for the purpose of paragraph (c) not more
2799 than 90 days thereafter, the developer shall deliver to the
2800 association, at the developer's expense, all property of the
2801 unit owners and of the association held or controlled by the
2802 developer, including, but not limited to, the following items,
2803 if applicable, as to each cooperative operated by the
2804 association:
2805 (p) Notwithstanding when the certificate of occupancy was
2806 issued or the height of the building, a turnover inspection
2807 report included in the official records, under seal of an
2808 architect or engineer authorized to practice in this state or a
2809 person certified as a reserve specialist or professional reserve
2810 analyst by the Community Associations Institute or the
2811 Association of Professional Reserve Analysts, consisting of a
2812 structural integrity reserve study attesting to required
2813 maintenance, condition, useful life, and replacement costs of
2814 the following applicable cooperative property:
2815 1. Roof.
2816 2. Structure, including load-bearing walls and primary
2817 structural members and primary structural systems as those terms

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2818 are defined in s. 627.706.
2819 3. Fireproofing and fire protection systems.
2820 4. Plumbing.
2821 5. Electrical systems.
2822 6. Waterproofing and exterior painting.
2823 7. Windows and exterior doors.
2824 Section 21. Subsection (1) of section 719.618, Florida
2825 Statutes, is amended to read:
2826 719.618 Converter reserve accounts; warranties.—
2827 (1) When existing improvements are converted to ownership
2828 as a residential cooperative, the developer shall establish
2829 reserve accounts for capital expenditures and planned deferred
2830 maintenance, or give warranties as provided by subsection (6),
2831 or post a surety bond as provided by subsection (7). The
2832 developer shall fund the reserve accounts in amounts calculated
2833 as follows:
2834 (a)1. When the existing improvements include an air-
2835 conditioning system serving more than one unit or property which
2836 the association is responsible to repair, maintain, or replace,
2837 the developer shall fund an air-conditioning reserve account.
2838 The amount of the reserve account shall be the product of the
2839 estimated current replacement cost of the system, as disclosed
2840 and substantiated pursuant to s. 719.616(3)(b), multiplied by a
2841 fraction, the numerator of which shall be the lesser of the age
2842 of the system in years or 9, and the denominator of which shall

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2843 be 10. When such air-conditioning system is within 1,000 yards
2844 of the seacoast, the numerator shall be the lesser of the age of
2845 the system in years or 3, and the denominator shall be 4.
2846 2. The developer shall fund a plumbing reserve account.
2847 The amount of the funding shall be the product of the estimated
2848 current replacement cost of the plumbing component, as disclosed
2849 and substantiated pursuant to s. 719.616(3)(b), multiplied by a
2850 fraction, the numerator of which shall be the lesser of the age
2851 of the plumbing in years or 36, and the denominator of which
2852 shall be 40.
2853 3. The developer shall fund a roof reserve account. The
2854 amount of the funding shall be the product of the estimated
2855 current replacement cost of the roofing component, as disclosed
2856 and substantiated pursuant to s. 719.616(3)(b), multiplied by a
2857 fraction, the numerator of which shall be the lesser of the age
2858 of the roof in years or the numerator listed in the following
2859 table. The denominator of the fraction shall be determined based
2860 on the roof type, as follows:
2861
Roof Type Numerator Denominator
2862
a. Built-up roof without insulation 4 5
2863
b. Built-up roof with insulation 4 5
2864

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c. Cement tile roof 45 50
2865
d. Asphalt shingle roof 14 15
2866
e. Copper roof
2867
f. Wood shingle roof 9 10
2868
g. All other types 18 20
2869
2870 (b) The age of any component or structure for which the
2871 developer is required to fund a reserve account shall be
2872 measured in years from the later of:
2873 1. The date when the component or structure was replaced
2874 or substantially renewed, if the replacement or renewal of the
2875 component at least met the requirements of the then -applicable
2876 building code; or
2877 2. The date when the installation or construction of the
2878 existing component or structure was completed.
2879 (c) When the age of a component or structure is to be
2880 measured from the date of replacement or renewal, the developer
2881 shall provide the division with a certificate, under the seal of
2882 an architect or engineer authorized to practice in this state,
2883 verifying:
2884 1. The date of the replacement or renewal; and

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2885 2. That the replacement or renewal at least met the
2886 requirements of the then-applicable building code.
2887 Section 22. The Division of Florida Condominiums,
2888 Timeshares, and Mobile Homes of the Department of Business and
2889 Professional Regulation shall complete a review of the website
2890 or application requirements for official records under s.
2891 718.111(12)(g), Florida Statutes, and make recommendations
2892 regarding any additional official records of a condominium
2893 association that should be included in the record maintenance
2894 requirement in the statute. The division shall submit to the
2895 Governor, the President of the Senate, the Speaker of the House
2896 of Representatives, and the chairs of the legislative
2897 appropriations committees and appropriate substantive committees
2898 with jurisdiction over chapter 718, Florida Statutes, the
2899 findings of its review by February 1, 2025.
2900 Section 23. Except as otherwise expressly provided in this
2901 act, this act shall take effect July 1, 2024.

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HB 1021 by Rep. Lopez, V. and others
Community Associations

AMENDMENT SUMMARY
February 1, 2024

Amendment 1 by Rep. Lopez, V. (strike-all):
• Clarifies that community association managers and firms may retain records for up to 20 days after
their contract is terminated in order to complete an ending financial statements or reports.
• Provides that a community association manager or a community association management firm is
required to disclose if they hold an interest or receive compensation or anything of value from a
business entity that does business with the association or proposes to enter into a contract with the
association.
• Provides that maintenance of official records includes a good faith obligation to recover records if
reasonably possible in the event records are lost, destroyed, or otherwise unavailable.
• Provides that a condominium association may satisfy a request for access to records by making the
records available for download on the association website or through an application on a mobile
device.
• Removes the requirement that the checklist made in response to a records request be accompanied
by a sworn affidavit.
• Provides a first-degree misdemeanor for knowingly or intentionally defacing or destroying required
accounting records or knowingly and intentionally failing to create or maintain such records, with the
intent of causing harm to the association or its members.
• Provides that officers and directors charged with a specified criminal violation are deemed removed
from office and a vacancy declared.
• Requires that meetings of the board must be at least once each quarter instead of four times a year.
• Removes the requirement that a special assessment must be recorded in the public record.
• Changes the retention period for an officer or director’s educational certificate to 7 years, instead of 5
years.
• Revises educational curriculum to:
o Require 4 hours of instruction for the initial education and renewal of the education certificate.
o Require such instruction to include milestone inspections, structural integrity reserve studies,
recordkeeping, financial literacy and transparency, levying fines, and notice and meeting
requirements.
o Require a director to annually complete one hour of continuing education regarding the recent
changes in the past year.
• Clarifies that a board may temporarily stop contributing to the reserves if there is a determination that
the building is uninhabitable due to a natural emergency and requires reserve contributions to
immediately resume when the building is determined to be habitable.
• Removes provisions related to allowing the association to use a line of credit for reserves.
• Clarifies jurisdiction of the Division after turnover occurs to include investigation of complaints alleging
violations of the Condominium Act and other relevant rules or orders.
• Provides that the Secretary, instead of the Governor, must appoint the ombudsman and that the
ombudsman does not have to be an attorney.
• Removes the usage of “planned” maintenance throughout the bill, and changes it back to current law:
“deferred” maintenance.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1021 (2024)
Amendment No. 1

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

1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (3) is added to section 468.4334,
8 Florida Statutes, to read:
9 468.4334 Professional practice standards; liability.—
10 (3) A community association manager or a community
11 association management firm shall return all community
12 association official records within its possession to the
13 community association within 20 business days after termination
14 of a contractual agreement to provide community association
15 management services to the community association or receipt of a
16 written request for return of the official records, whichever
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1021 (2024)
Amendment No. 1

17 occurs first. The notice of termination must be sent by
18 certified mail, return receipt requested, or in the manner
19 required under the management contract. Such community
20 association manager or community association management firm may
21 retain, for up to 20 business days, those records necessary to
22 complete an ending financial statement or report. Failure of
23 association to provide access or retention of accounting records
24 to prepare the statement or report shall relieve such community
25 association manager or community association management firm of
26 any further responsibility or liability for preparation of the
27 statement or report. Failure of a community association manager
28 or a community association management firm to timely return all
29 of the official records within its possession to the community
30 association creates a rebuttable presumption that the community
31 association manager or community association management firm
32 willfully failed to comply with this subsection. A community
33 association manager or a community association management firm
34 that fails to timely return community association records is
35 subject to suspension of its license under s. 468.436, and a
36 civil penalty of $1,000 per day for up to business 10 days,
37 assessed beginning on the 21st business day after termination of
38 a contractual agreement to provide community association
39 management services to the community association or receipt of a
40 written request from the association for return of the records,
41 whichever occurs first.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1021 (2024)
Amendment No. 1

42 Section 2. Section 468.4335, Florida Statutes, is created
43 to read:
44 468.4335 Conflicts of interest.—
45 (1) A community association manager or a community
46 association management firm, including directors, officers,
47 persons with a financial interest in a community association
48 management firm, or a relative of such persons, must disclose to
49 the board of a community association any activity that may
50 reasonably be construed to be a conflict of interest. A
51 rebuttable presumption of a conflict of interest exists if any
52 of the following occurs without prior notice:
53 (a) A community association manager or a community
54 association management firm, including directors, officers,
55 persons with a financial interest in a community association
56 management firm, or a relative of such persons, enters into a
57 contract for goods or services with the association.
58 (b) A community association manager or a community
59 association management firm, including directors, officers,
60 persons with a financial interest in a community association
61 management firm, or the relative of such persons, holds an
62 interest in or receives compensation or anything of value from a
63 corporation, limited liability corporation, partnership, limited
64 liability partnership, or other business entity that conducts
65 business with the association or proposes to enter into a
66 contract or other transaction with the association.
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Amendment No. 1

67 (2) If the association receives and considers a bid to
68 provide a good or service, other than community association
69 management services, from a community association manager or a
70 community association management firm, including directors,
71 officers, persons with a financial interest in a community
72 association management firm, or a relative of such persons, the
73 association must also solicit and consider at least three bids
74 from other third-party providers of such good or service.
75 (3) If a community association manager or a community
76 association management firm, including directors, officers,
77 persons with a financial interest in a community association
78 management firm, or a relative of such persons, proposes to
79 engage in an activity that is a conflict of interest as
80 described in subsection (1), the proposed activity must be
81 listed on, and all contracts and transactional documents related
82 to the proposed activity must be attached to, the meeting agenda
83 of the next board of administration meeting. The disclosures of
84 a possible conflict of interest must be entered into the written
85 minutes of the meeting. Approval of the contract or other
86 transaction requires an affirmative vote of two-thirds of all
87 other directors present. At the next regular or special meeting
88 of the members, the existence of the contract or other
89 transaction must be disclosed to the members.
90 (4) If the board finds that a community association
91 manager or a community association management firm, including
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92 directors, officers, persons with a financial interest in a
93 community association management firm, and the relatives of such
94 persons, has violated this section, the association may cancel
95 its community association management contract with the community
96 association manager or the community association management
97 firm. If the contract is canceled, the association is liable
98 only for the reasonable value of the management services
99 provided up to the time of cancellation and is not liable for
100 any termination fees, liquidated damages, or other form of
101 penalty for such cancellation.
102 (5) If an association enters into a contract with a
103 community association manager or a community association
104 management firm, including directors, officers, persons with a
105 financial interest in a community association management firm,
106 or a relative of such persons, which is a party to or has an
107 interest in an activity that is a possible conflict of interest
108 as described in subsection (1) and such activity has not been
109 properly disclosed as a conflict of interest or potential
110 conflict of interest as required by this section, the contract
111 is voidable and terminates upon the association filing a written
112 notice terminating the contract with its board of directors
113 which contains the consent of at least 20 percent of the voting
114 interests of the association.

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115 (6) As used in this section, the term "relative" means a
116 relative within the third degree of consanguinity by blood or
117 marriage.
118 Section 3. Paragraph (b) of subsection (2) of section
119 468.436, Florida Statutes, is amended, and subsection (4) of
120 that section is reenacted, to read:
121 468.436 Disciplinary proceedings.—
122 (2) The following acts constitute grounds for which the
123 disciplinary actions in subsection (4) may be taken:
124 (b)1. Violation of any provision of this part.
125 2. Violation of any lawful order or rule rendered or
126 adopted by the department or the council.
127 3. Being convicted of or pleading nolo contendere to a
128 felony in any court in the United States.
129 4. Obtaining a license or certification or any other
130 order, ruling, or authorization by means of fraud,
131 misrepresentation, or concealment of material facts.
132 5. Committing acts of gross misconduct or gross negligence
133 in connection with the profession.
134 6. Contracting, on behalf of an association, with any
135 entity in which the licensee has a financial interest that is
136 not disclosed.
137 7. Failing to disclose any conflict of interest as
138 required by s. 468.4335.

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139 8.7. Violating any provision of chapter 718, chapter 719,
140 or chapter 720 during the course of performing community
141 association management services pursuant to a contract with a
142 community association as defined in s. 468.431(1).
143 (4) When the department finds any community association
144 manager or firm guilty of any of the grounds set forth in
145 subsection (2), it may enter an order imposing one or more of
146 the following penalties:
147 (a) Denial of an application for licensure.
148 (b) Revocation or suspension of a license.
149 (c) Imposition of an administrative fine not to exceed
150 $5,000 for each count or separate offense.
151 (d) Issuance of a reprimand.
152 (e) Placement of the community association manager on
153 probation for a period of time and subject to such conditions as
154 the department specifies.
155 (f) Restriction of the authorized scope of practice by the
156 community association manager.
157 Section 4. Subsections (19) through (32) of section
158 718.103, Florida Statutes, are renumbered as subsections (20)
159 through (33), respectively, subsection (1) is amended, and a new
160 subsection (19) is added to that section, to read:
161 718.103 Definitions.—As used in this chapter, the term:
162 (1) "Alternative funding method" means a method approved
163 by the division for funding the capital expenditures and
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164 deferred maintenance obligations for a multicondominium
165 association operating at least 25 condominiums which may
166 reasonably be expected to fully satisfy the association's
167 reserve funding obligations by the allocation of funds in the
168 annual operating budget.
169 (19) "Hurricane protection" means hurricane shutters,
170 impact glass, code-compliant windows or doors, and other code-
171 compliant hurricane protection products used to preserve and
172 protect the condominium property or association property.
173 Section 5. Paragraph (p) is added to subsection (4) of
174 section 718.104, Florida Statutes, to read:
175 718.104 Creation of condominiums; contents of
176 declaration.—Every condominium created in this state shall be
177 created pursuant to this chapter.
178 (4) The declaration must contain or provide for the
179 following matters:
180 (p) For both residential condominiums and mixed-use
181 condominiums, a statement that specifies whether the unit owner
182 or the association is responsible for the installation,
183 maintenance, repair, or replacement of hurricane protection that
184 is for the preservation and protection of the condominium
185 property and association property.
186 Section 6. Paragraph (a) of subsection (1) and subsections
187 (12), (13), and (15) of section 718.111, Florida Statutes, are
188 amended to read:
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189 718.111 The association.—
190 (1) CORPORATE ENTITY.—
191 (a) The operation of the condominium shall be by the
192 association, which must be a Florida corporation for profit or a
193 Florida corporation not for profit. However, any association
194 which was in existence on January 1, 1977, need not be
195 incorporated. The owners of units shall be shareholders or
196 members of the association. The officers and directors of the
197 association have a fiduciary relationship to the unit owners. It
198 is the intent of the Legislature that nothing in this paragraph
199 shall be construed as providing for or removing a requirement of
200 a fiduciary relationship between any manager employed by the
201 association and the unit owners. An officer, director, or
202 manager may not solicit, offer to accept, or accept any thing or
203 service of value or kickback for which consideration has not
204 been provided for his or her own benefit or that of his or her
205 immediate family, from any person providing or proposing to
206 provide goods or services to the association. Any such officer,
207 director, or manager who knowingly so solicits, offers to
208 accept, or accepts any thing or service of value or kickback
209 commits a felony of the third degree, punishable as provided in
210 s. 775.082, s. 775.083, or s. 775.084, and shall be deemed
211 removed from office and a vacancy declared, and is subject to a
212 civil penalty pursuant to s. 718.501(1)(d) and, if applicable, a
213 criminal penalty as provided in paragraph (d). However, this
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214 paragraph does not prohibit an officer, director, or manager
215 from accepting services or items received in connection with
216 trade fairs or education programs. An association may operate
217 more than one condominium.
218 (12) OFFICIAL RECORDS.—
219 (a) From the inception of the association, the association
220 shall maintain each of the following items, if applicable, which
221 constitutes the official records of the association:
222 1. A copy of the plans, permits, warranties, and other
223 items provided by the developer under s. 718.301(4).
224 2. A photocopy of the recorded declaration of condominium
225 of each condominium operated by the association and each
226 amendment to each declaration.
227 3. A photocopy of the recorded bylaws of the association
228 and each amendment to the bylaws.
229 4. A certified copy of the articles of incorporation of
230 the association, or other documents creating the association,
231 and each amendment thereto.
232 5. A copy of the current rules of the association.
233 6. A book or books that contain the minutes of all
234 meetings of the association, the board of administration, and
235 the unit owners.
236 7. A current roster of all unit owners and their mailing
237 addresses, unit identifications, voting certifications, and, if
238 known, telephone numbers. The association shall also maintain
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239 the e-mail addresses and facsimile numbers of unit owners
240 consenting to receive notice by electronic transmission. The e-
241 mail addresses and facsimile numbers are not accessible to unit
242 owners if consent to receive notice by electronic transmission
243 is not provided In accordance with sub-subparagraph (c)5.e., the
244 e-mail addresses and facsimile numbers are only accessible to
245 unit owners if consent to receive notice by electronic
246 transmission is provided (c)3.e. However, the association is not
247 liable for an inadvertent disclosure of the e-mail address or
248 facsimile number for receiving electronic transmission of
249 notices.
250 8. All current insurance policies of the association and
251 condominiums operated by the association.
252 9. A current copy of any management agreement, lease, or
253 other contract to which the association is a party or under
254 which the association or the unit owners have an obligation or
255 responsibility.
256 10. Bills of sale or transfer for all property owned by
257 the association.
258 11. Accounting records for the association and separate
259 accounting records for each condominium that the association
260 operates. Any person who knowingly or intentionally defaces or
261 destroys such records, or who knowingly or intentionally fails
262 to create or maintain such records, with the intent of causing
263 harm to the association or one or more of its members, is
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264 personally subject to a civil penalty pursuant to s.
265 718.501(1)(d). The accounting records must include, but are not
266 limited to:
267 a. Accurate, itemized, and detailed records of all
268 receipts and expenditures.
269 b. All invoices, transaction receipts, or deposit slips,
270 that substantiate any receipt or expenditure of funds by the
271 association.
272 c.b. A current account and a monthly, bimonthly, or
273 quarterly statement of the account for each unit designating the
274 name of the unit owner, the due date and amount of each
275 assessment, the amount paid on the account, and the balance due.
276 d.c. All audits, reviews, accounting statements,
277 structural integrity reserve studies, and financial reports of
278 the association or condominium. Structural integrity reserve
279 studies must be maintained for at least 15 years after the study
280 is completed.
281 e.d. All contracts for work to be performed. Bids for work
282 to be performed are also considered official records and must be
283 maintained by the association for at least 1 year after receipt
284 of the bid.
285 12. Ballots, sign-in sheets, voting proxies, and all other
286 papers and electronic records relating to voting by unit owners,
287 which must be maintained for 1 year from the date of the

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288 election, vote, or meeting to which the document relates,
289 notwithstanding paragraph (b).
290 13. All rental records if the association is acting as
291 agent for the rental of condominium units.
292 14. A copy of the current question and answer sheet as
293 described in s. 718.504.
294 15. A copy of the inspection reports described in ss.
295 553.899 and 718.301(4)(p) and any other inspection report
296 relating to a structural or life safety inspection of
297 condominium property. Such record must be maintained by the
298 association for 15 years after receipt of the report.
299 16. Bids for materials, equipment, or services.
300 17. All affirmative acknowledgments made pursuant to s.
301 718.121(4)(c).
302 18. A copy of all building permits issued for ongoing or
303 planned construction.
304 19.18. All other written records of the association not
305 specifically included in the foregoing which are related to the
306 operation of the association.
307 (b) The official records specified in subparagraphs (a)1.-
308 6. must be permanently maintained from the inception of the
309 association. Bids for work to be performed or for materials,
310 equipment, or services must be maintained for at least 1 year
311 after receipt of the bid. All other official records must be
312 maintained within the state for at least 7 years, unless
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313 otherwise provided by general law. The official records must be
314 maintained in an organized manner that facilitates inspection of
315 the records by a unit owner. In the event that the records are
316 lost, destroyed, or otherwise unavailable, the obligation to
317 maintain official records includes a good faith obligation to
318 obtain and recreate those records to the fullest extent
319 possible. The records of the association shall be made available
320 to a unit owner within 45 miles of the condominium property or
321 within the county in which the condominium property is located
322 within 10 working days after receipt of a written request by the
323 board or its designee. However, such distance requirement does
324 not apply to an association governing a timeshare condominium.
325 This paragraph and paragraph (c) may be complied with by having
326 a copy of the official records of the association available for
327 inspection or copying on the condominium property or association
328 property, or the association may offer the option of making the
329 records available to a unit owner electronically via the
330 Internet as provided under paragraph (g) or by allowing the
331 records to be viewed in electronic format on a computer screen
332 and printed upon request. The association is not responsible for
333 the use or misuse of the information provided to an association
334 member or his or her authorized representative in compliance
335 with this chapter unless the association has an affirmative duty
336 not to disclose such information under this chapter.

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Amendment No. 1

337 (c)1.a.(c)1. The official records of the association are
338 open to inspection by any association member and any person
339 authorized by an association member as a representative of such
340 member at all reasonable times. The right to inspect the records
341 includes the right to make or obtain copies, at the reasonable
342 expense, if any, of the member and of the person authorized by
343 the association member as a representative of such member. A
344 renter of a unit has a right to inspect and copy only the
345 declaration of condominium, the association's bylaws and rules,
346 and the inspection reports described in ss. 553.899 and
347 718.301(4)(p). The association may adopt reasonable rules
348 regarding the frequency, time, location, notice, and manner of
349 record inspections and copying but may not require a member to
350 demonstrate any purpose or state any reason for the inspection.
351 The failure of an association to provide the records within 10
352 working days after receipt of a written request creates a
353 rebuttable presumption that the association willfully failed to
354 comply with this paragraph. A unit owner who is denied access to
355 official records is entitled to the actual damages or minimum
356 damages for the association's willful failure to comply. Minimum
357 damages are $50 per calendar day for up to 10 days, beginning on
358 the 11th working day after receipt of the written request. The
359 failure to permit inspection entitles any person prevailing in
360 an enforcement action to recover reasonable attorney fees from
361 the person in control of the records who, directly or
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362 indirectly, knowingly denied access to the records. If the
363 requested records are posted on an association's website, or are
364 available for download through an application on a mobile
365 device, the association may fulfill its obligations by directing
366 all persons authorized to request access to the website or the
367 application.
368 b. In response to a written request to inspect records,
369 the association must simultaneously provide to the requestor a
370 checklist of all records made available for inspection and
371 copying. The checklist must also identify any of the
372 association's official records that were not made available to
373 the requestor. An association must maintain a checklist provided
374 under this sub-subparagraph for 7 years. An association
375 delivering a checklist pursuant to this sub-subparagraph creates
376 a rebuttable presumption that the association has complied with
377 this paragraph.
378 2. A director or member of the board or association or a
379 community association manager who knowingly, willfully, and
380 repeatedly violates subparagraph 1. commits a misdemeanor of the
381 second degree, punishable as provided in s. 775.082 or s.
382 775.083, and shall be deemed removed from office and a
383 vacancy declared. For purposes of this subparagraph, the term
384 "repeatedly" means two or more violations within a 12-month
385 period.

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386 3.2. Any person who knowingly or intentionally defaces or
387 destroys accounting records that are required by this chapter to
388 be maintained during the period for which such records are
389 required to be maintained, or who knowingly or intentionally
390 fails to create or maintain accounting records that are required
391 to be created or maintained, with the intent of causing harm to
392 the association or one or more of its members, commits a
393 misdemeanor of the first degree, punishable as provided in s.
394 775.082 or 775.083, is personally subject to a civil penalty
395 pursuant to s. 718.501(1)(d), and shall be deemed removed from
396 office and a vacancy declared.
397 4. A person who willfully and knowingly refuses to release
398 or otherwise produce association records with the intent to
399 avoid or escape detection, arrest, trial, or punishment for the
400 commission of a crime, or to assist another person with such
401 avoidance or escape, commits a felony of the third degree,
402 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
403 and shall be deemed removed from office and a vacancy declared.
404 5.3. The association shall maintain an adequate number of
405 copies of the declaration, articles of incorporation, bylaws,
406 and rules, and all amendments to each of the foregoing, as well
407 as the question and answer sheet as described in s. 718.504 and
408 year-end financial information required under this section, on
409 the condominium property to ensure their availability to unit
410 owners and prospective purchasers, and may charge its actual
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411 costs for preparing and furnishing these documents to those
412 requesting the documents. An association shall allow a member or
413 his or her authorized representative to use a portable device,
414 including a smartphone, tablet, portable scanner, or any other
415 technology capable of scanning or taking photographs, to make an
416 electronic copy of the official records in lieu of the
417 association's providing the member or his or her authorized
418 representative with a copy of such records. The association may
419 not charge a member or his or her authorized representative for
420 the use of a portable device. Notwithstanding this paragraph,
421 the following records are not accessible to unit owners:
422 a. Any record protected by the lawyer-client privilege as
423 described in s. 90.502 and any record protected by the work-
424 product privilege, including a record prepared by an association
425 attorney or prepared at the attorney's express direction, which
426 reflects a mental impression, conclusion, litigation strategy,
427 or legal theory of the attorney or the association, and which
428 was prepared exclusively for civil or criminal litigation or for
429 adversarial administrative proceedings, or which was prepared in
430 anticipation of such litigation or proceedings until the
431 conclusion of the litigation or proceedings.
432 b. Information obtained by an association in connection
433 with the approval of the lease, sale, or other transfer of a
434 unit.

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435 c. Personnel records of association or management company
436 employees, including, but not limited to, disciplinary, payroll,
437 health, and insurance records. For purposes of this sub-
438 subparagraph, the term "personnel records" does not include
439 written employment agreements with an association employee or
440 management company, or budgetary or financial records that
441 indicate the compensation paid to an association employee.
442 d. Medical records of unit owners.
443 e. Social security numbers, driver license numbers, credit
444 card numbers, e-mail addresses, telephone numbers, facsimile
445 numbers, emergency contact information, addresses of a unit
446 owner other than as provided to fulfill the association's notice
447 requirements, and other personal identifying information of any
448 person, excluding the person's name, unit designation, mailing
449 address, property address, and any address, e-mail address, or
450 facsimile number provided to the association to fulfill the
451 association's notice requirements. Notwithstanding the
452 restrictions in this sub-subparagraph, an association may print
453 and distribute to unit owners a directory containing the name,
454 unit address, and all telephone numbers of each unit owner.
455 However, an owner may exclude his or her telephone numbers from
456 the directory by so requesting in writing to the association. An
457 owner may consent in writing to the disclosure of other contact
458 information described in this sub-subparagraph. The association
459 is not liable for the inadvertent disclosure of information that
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460 is protected under this sub-subparagraph if the information is
461 included in an official record of the association and is
462 voluntarily provided by an owner and not requested by the
463 association.
464 f. Electronic security measures that are used by the
465 association to safeguard data, including passwords.
466 g. The software and operating system used by the
467 association which allow the manipulation of data, even if the
468 owner owns a copy of the same software used by the association.
469 The data is part of the official records of the association.
470 h. All affirmative acknowledgments made pursuant to s.
471 718.121(4)(c).
472 (d) The association shall prepare a question and answer
473 sheet as described in s. 718.504, and shall update it annually.
474 (e)1. The association or its authorized agent is not
475 required to provide a prospective purchaser or lienholder with
476 information about the condominium or the association other than
477 information or documents required by this chapter to be made
478 available or disclosed. The association or its authorized agent
479 may charge a reasonable fee to the prospective purchaser,
480 lienholder, or the current unit owner for providing good faith
481 responses to requests for information by or on behalf of a
482 prospective purchaser or lienholder, other than that required by
483 law, if the fee does not exceed $150 plus the reasonable cost of

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484 photocopying and any attorney's fees incurred by the association
485 in connection with the response.
486 2. An association and its authorized agent are not liable
487 for providing such information in good faith pursuant to a
488 written request if the person providing the information includes
489 a written statement in substantially the following form: "The
490 responses herein are made in good faith and to the best of my
491 ability as to their accuracy."
492 (f) An outgoing board or committee member must relinquish
493 all official records and property of the association in his or
494 her possession or under his or her control to the incoming board
495 within 5 days after the election. The division shall impose a
496 civil penalty as set forth in s. 718.501(1)(d)6. against an
497 outgoing board or committee member who willfully and knowingly
498 fails to relinquish such records and property.
499 (g)1. By January 1, 2019, an association managing a
500 condominium with 150 or more units which does not contain
501 timeshare units shall post digital copies of the documents
502 specified in subparagraph 2. on its website or make such
503 documents available through an application that can be
504 downloaded on a mobile device.
505 a. The association's website or application must be:
506 (I) An independent website, application, or web portal
507 wholly owned and operated by the association; or

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508 (II) A website, application, or web portal operated by a
509 third-party provider with whom the association owns, leases,
510 rents, or otherwise obtains the right to operate a web page,
511 subpage, web portal, collection of subpages or web portals, or
512 an application which is dedicated to the association's
513 activities and on which required notices, records, and documents
514 may be posted or made available by the association.
515 b. The association's website or application must be
516 accessible through the Internet and must contain a subpage, web
517 portal, or other protected electronic location that is
518 inaccessible to the general public and accessible only to unit
519 owners and employees of the association.
520 c. Upon a unit owner's written request, the association
521 must provide the unit owner with a username and password and
522 access to the protected sections of the association's website or
523 application which contain any notices, records, or documents
524 that must be electronically provided.
525 2. A current copy of the following documents must be
526 posted in digital format on the association's website or
527 application:
528 a. The recorded declaration of condominium of each
529 condominium operated by the association and each amendment to
530 each declaration.
531 b. The recorded bylaws of the association and each
532 amendment to the bylaws.
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533 c. The articles of incorporation of the association, or
534 other documents creating the association, and each amendment to
535 the articles of incorporation or other documents. The copy
536 posted pursuant to this sub-subparagraph must be a copy of the
537 articles of incorporation filed with the Department of State.
538 d. The rules of the association.
539 e. A list of all executory contracts or documents to which
540 the association is a party or under which the association or the
541 unit owners have an obligation or responsibility and, after
542 bidding for the related materials, equipment, or services has
543 closed, a list of bids received by the association within the
544 past year. Summaries of bids for materials, equipment, or
545 services which exceed $500 must be maintained on the website or
546 application for 1 year. In lieu of summaries, complete copies of
547 the bids may be posted.
548 f. The annual budget required by s. 718.112(2)(f) and any
549 proposed budget to be considered at the annual meeting.
550 g. The financial report required by subsection (13) and
551 any monthly income or expense statement to be considered at a
552 meeting.
553 h. The certification of each director required by s.
554 718.112(2)(d)4.b.
555 i. All contracts or transactions between the association
556 and any director, officer, corporation, firm, or association
557 that is not an affiliated condominium association or any other
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558 entity in which an association director is also a director or
559 officer and financially interested.
560 j. Any contract or document regarding a conflict of
561 interest or possible conflict of interest as provided in ss.
562 468.4335, 468.436(2)(b)6., and 718.3027(3).
563 k. The notice of any unit owner meeting and the agenda for
564 the meeting, as required by s. 718.112(2)(d)3., no later than 14
565 days before the meeting. The notice must be posted in plain view
566 on the front page of the website or application, or on a
567 separate subpage of the website or application labeled "Notices"
568 which is conspicuously visible and linked from the front page.
569 The association must also post on its website or application any
570 document to be considered and voted on by the owners during the
571 meeting or any document listed on the agenda at least 7 days
572 before the meeting at which the document or the information
573 within the document will be considered.
574 l. Notice of any board meeting, the agenda, and any other
575 document required for the meeting as required by s.
576 718.112(2)(c), which must be posted no later than the date
577 required for notice under s. 718.112(2)(c).
578 m. The inspection reports described in ss. 553.899 and
579 718.301(4)(p) and any other inspection report relating to a
580 structural or life safety inspection of condominium property.
581 n. The association's most recent structural integrity
582 reserve study, if applicable.
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583 o. Copies of all building permits issued for ongoing or
584 planned construction.
585 3. The association shall ensure that the information and
586 records described in paragraph (c), which are not allowed to be
587 accessible to unit owners, are not posted on the association's
588 website or application. If protected information or information
589 restricted from being accessible to unit owners is included in
590 documents that are required to be posted on the association's
591 website or application, the association shall ensure the
592 information is redacted before posting the documents.
593 Notwithstanding the foregoing, the association or its agent is
594 not liable for disclosing information that is protected or
595 restricted under this paragraph unless such disclosure was made
596 with a knowing or intentional disregard of the protected or
597 restricted nature of such information.
598 4. The failure of the association to post information
599 required under subparagraph 2. is not in and of itself
600 sufficient to invalidate any action or decision of the
601 association's board or its committees.
602 (13) FINANCIAL REPORTING.—Within 90 days after the end of
603 the fiscal year, or annually on a date provided in the bylaws,
604 the association shall prepare and complete, or contract for the
605 preparation and completion of, a financial report for the
606 preceding fiscal year. Within 21 days after the final financial
607 report is completed by the association or received from the
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608 third party, but not later than 120 days after the end of the
609 fiscal year or other date as provided in the bylaws, the
610 association shall deliver mail to each unit owner by United
611 States mail or personal delivery at the mailing address,
612 property address, e-mail address, or facsimile number provided
613 to fulfill the association's notice requirements at the address
614 last furnished to the association by the unit owner, or hand
615 deliver to each unit owner, a copy of the most recent financial
616 report, and or a notice that a copy of the most recent financial
617 report will be mailed or hand delivered to the unit owner,
618 without charge, within 5 business days after receipt of a
619 written request from the unit owner. The division shall adopt
620 rules setting forth uniform accounting principles and standards
621 to be used by all associations and addressing the financial
622 reporting requirements for multicondominium associations. The
623 rules must include, but not be limited to, standards for
624 presenting a summary of association reserves, including a good
625 faith estimate disclosing the annual amount of reserve funds
626 that would be necessary for the association to fully fund
627 reserves for each reserve item based on the straight-line
628 accounting method. This disclosure is not applicable to reserves
629 funded via the pooling method. In adopting such rules, the
630 division shall consider the number of members and annual
631 revenues of an association. Financial reports shall be prepared
632 as follows:
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633 (a) An association that meets the criteria of this
634 paragraph shall prepare a complete set of financial statements
635 in accordance with generally accepted accounting principles. The
636 financial statements must be based upon the association's total
637 annual revenues, as follows:
638 1. An association with total annual revenues of $150,000
639 or more, but less than $300,000, shall prepare compiled
640 financial statements.
641 2. An association with total annual revenues of at least
642 $300,000, but less than $500,000, shall prepare reviewed
643 financial statements.
644 3. An association with total annual revenues of $500,000
645 or more shall prepare audited financial statements.
646 (b)1. An association with total annual revenues of less
647 than $150,000 shall prepare a report of cash receipts and
648 expenditures.
649 2. A report of cash receipts and disbursements must
650 disclose the amount of receipts by accounts and receipt
651 classifications and the amount of expenses by accounts and
652 expense classifications, including, but not limited to, the
653 following, as applicable: costs for security, professional and
654 management fees and expenses, taxes, costs for recreation
655 facilities, expenses for refuse collection and utility services,
656 expenses for lawn care, costs for building maintenance and
657 repair, insurance costs, administration and salary expenses, and
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Amendment No. 1

658 reserves accumulated and expended for capital expenditures,
659 deferred maintenance, and any other category for which the
660 association maintains reserves.
661 (c) An association may prepare, without a meeting of or
662 approval by the unit owners:
663 1. Compiled, reviewed, or audited financial statements, if
664 the association is required to prepare a report of cash receipts
665 and expenditures;
666 2. Reviewed or audited financial statements, if the
667 association is required to prepare compiled financial
668 statements; or
669 3. Audited financial statements if the association is
670 required to prepare reviewed financial statements.
671 (d) If approved by a majority of the voting interests
672 present at a properly called meeting of the association, an
673 association may prepare:
674 1. A report of cash receipts and expenditures in lieu of a
675 compiled, reviewed, or audited financial statement;
676 2. A report of cash receipts and expenditures or a
677 compiled financial statement in lieu of a reviewed or audited
678 financial statement; or
679 3. A report of cash receipts and expenditures, a compiled
680 financial statement, or a reviewed financial statement in lieu
681 of an audited financial statement.
682
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683 Such meeting and approval must occur before the end of the
684 fiscal year and is effective only for the fiscal year in which
685 the vote is taken. An association may not prepare a financial
686 report pursuant to this paragraph for consecutive fiscal years,
687 except that the approval may also be effective for the following
688 fiscal year. If the developer has not turned over control of the
689 association, all unit owners, including the developer, may vote
690 on issues related to the preparation of the association's
691 financial reports, from the date of incorporation of the
692 association through the end of the second fiscal year after the
693 fiscal year in which the certificate of a surveyor and mapper is
694 recorded pursuant to s. 718.104(4)(e) or an instrument that
695 transfers title to a unit in the condominium which is not
696 accompanied by a recorded assignment of developer rights in
697 favor of the grantee of such unit is recorded, whichever occurs
698 first. Thereafter, all unit owners except the developer may vote
699 on such issues until control is turned over to the association
700 by the developer. Any audit or review prepared under this
701 section shall be paid for by the developer if done before
702 turnover of control of the association.
703 (e) A unit owner may provide written notice to the
704 division of the association's failure to mail or hand deliver
705 him or her a copy of the most recent financial report within 5
706 business days after he or she submitted a written request to the
707 association for a copy of such report. If the division
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708 determines that the association failed to mail or hand deliver a
709 copy of the most recent financial report to the unit owner, the
710 division shall provide written notice to the association that
711 the association must mail or hand deliver a copy of the most
712 recent financial report to the unit owner and the division
713 within 5 business days after it receives such notice from the
714 division. An association that fails to comply with the
715 division's request may not waive the financial reporting
716 requirement provided in paragraph (d) for the fiscal year in
717 which the unit owner's request was made and the following fiscal
718 year. A financial report received by the division pursuant to
719 this paragraph shall be maintained, and the division shall
720 provide a copy of such report to an association member upon his
721 or her request.
722 (15) DEBIT CARDS.—
723 (a) An association and its officers, directors, employees,
724 and agents may not use a debit card issued in the name of the
725 association, or billed directly to the association, for the
726 payment of any association expense.
727 (b) A person who uses Use of a debit card issued in the
728 name of the association, or billed directly to the association,
729 for any expense that is not a lawful obligation of the
730 association commits theft under s. 812.014, and shall be
731 deemed removed from office and a vacancy declared. For the
732 purposes of this paragraph, the term "lawful obligation of the
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733 association" means an obligation that has been properly
734 preapproved by the board and is reflected in the meeting minutes
735 or the written budget may be prosecuted as credit card fraud
736 pursuant to s. 817.61.
737 Section 7. Effective January 1, 2026, paragraph (g) of
738 subsection (12) of section 718.111, Florida Statutes, as amended
739 by this act, is amended to read:
740 718.111 The association.—
741 (12) OFFICIAL RECORDS.—
742 (g)1. By January 1, 2019, An association managing a
743 condominium with 25 150 or more units which does not contain
744 timeshare units shall post digital copies of the documents
745 specified in subparagraph 2. on its website or make such
746 documents available through an application that can be
747 downloaded on a mobile device.
748 a. The association's website or application must be:
749 (I) An independent website, application, or web portal
750 wholly owned and operated by the association; or
751 (II) A website, application, or web portal operated by a
752 third-party provider with whom the association owns, leases,
753 rents, or otherwise obtains the right to operate a web page,
754 subpage, web portal, collection of subpages or web portals, or
755 an application which is dedicated to the association's
756 activities and on which required notices, records, and documents
757 may be posted or made available by the association.
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758 b. The association's website or application must be
759 accessible through the Internet and must contain a subpage, web
760 portal, or other protected electronic location that is
761 inaccessible to the general public and accessible only to unit
762 owners and employees of the association.
763 c. Upon a unit owner's written request, the association
764 must provide the unit owner with a username and password and
765 access to the protected sections of the association's website or
766 application which contain any notices, records, or documents
767 that must be electronically provided.
768 2. A current copy of the following documents must be
769 posted in digital format on the association's website or
770 application:
771 a. The recorded declaration of condominium of each
772 condominium operated by the association and each amendment to
773 each declaration.
774 b. The recorded bylaws of the association and each
775 amendment to the bylaws.
776 c. The articles of incorporation of the association, or
777 other documents creating the association, and each amendment to
778 the articles of incorporation or other documents. The copy
779 posted pursuant to this sub-subparagraph must be a copy of the
780 articles of incorporation filed with the Department of State.
781 d. The rules of the association.

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782 e. A list of all executory contracts or documents to which
783 the association is a party or under which the association or the
784 unit owners have an obligation or responsibility and, after
785 bidding for the related materials, equipment, or services has
786 closed, a list of bids received by the association within the
787 past year. Summaries of bids for materials, equipment, or
788 services which exceed $500 must be maintained on the website or
789 application for 1 year. In lieu of summaries, complete copies of
790 the bids may be posted.
791 f. The annual budget required by s. 718.112(2)(f) and any
792 proposed budget to be considered at the annual meeting.
793 g. The financial report required by subsection (13) and
794 any monthly income or expense statement to be considered at a
795 meeting.
796 h. The certification of each director required by s.
797 718.112(2)(d)4.b.
798 i. All contracts or transactions between the association
799 and any director, officer, corporation, firm, or association
800 that is not an affiliated condominium association or any other
801 entity in which an association director is also a director or
802 officer and financially interested.
803 j. Any contract or document regarding a conflict of
804 interest or possible conflict of interest as provided in ss.
805 468.4335, 468.436(2)(b)6., and 718.3027(3).

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Amendment No. 1

806 k. The notice of any unit owner meeting and the agenda for
807 the meeting, as required by s. 718.112(2)(d)3., no later than 14
808 days before the meeting. The notice must be posted in plain view
809 on the front page of the website or application, or on a
810 separate subpage of the website or application labeled "Notices"
811 which is conspicuously visible and linked from the front page.
812 The association must also post on its website or application any
813 document to be considered and voted on by the owners during the
814 meeting or any document listed on the agenda at least 7 days
815 before the meeting at which the document or the information
816 within the document will be considered.
817 l. Notice of any board meeting, the agenda, and any other
818 document required for the meeting as required by s.
819 718.112(2)(c), which must be posted no later than the date
820 required for notice under s. 718.112(2)(c).
821 m. The inspection reports described in ss. 553.899 and
822 718.301(4)(p) and any other inspection report relating to a
823 structural or life safety inspection of condominium property.
824 n. The association's most recent structural integrity
825 reserve study, if applicable.
826 o. Copies of all building permits issued for ongoing or
827 planned construction.
828 3. The association shall ensure that the information and
829 records described in paragraph (c), which are not allowed to be
830 accessible to unit owners, are not posted on the association's
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831 website or application. If protected information or information
832 restricted from being accessible to unit owners is included in
833 documents that are required to be posted on the association's
834 website or application, the association shall ensure the
835 information is redacted before posting the documents.
836 Notwithstanding the foregoing, the association or its agent is
837 not liable for disclosing information that is protected or
838 restricted under this paragraph unless such disclosure was made
839 with a knowing or intentional disregard of the protected or
840 restricted nature of such information.
841 4. The failure of the association to post information
842 required under subparagraph 2. is not in and of itself
843 sufficient to invalidate any action or decision of the
844 association's board or its committees.
845 Section 8. Paragraphs (c), (d), (f), (g), (i), and (q) of
846 subsection (2) of section 718.112, Florida Statutes, are
847 amended, and paragraph (r) is added to that subsection, to read:
848 718.112 Bylaws.—
849 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
850 following and, if they do not do so, shall be deemed to include
851 the following:
852 (c) Board of administration meetings.—In a residential
853 condominium association of more than 10 units, the board of
854 administration shall meet once each quarter for the purpose of
855 responding to inquiries from members and informing members on
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856 the state of the condominium, including the status of any
857 construction or repair projects, the status of the association's
858 revenue and expenditures during the fiscal year, or other issues
859 affecting the association. Meetings of the board of
860 administration at which a quorum of the members is present are
861 open to all unit owners. Members of the board of administration
862 may use e-mail as a means of communication but may not cast a
863 vote on an association matter via e-mail. A unit owner may tape
864 record or videotape the meetings. The right to attend such
865 meetings includes the right to speak at such meetings with
866 reference to all designated agenda items. The division shall
867 adopt reasonable rules governing the tape recording and
868 videotaping of the meeting. The association may adopt written
869 reasonable rules governing the frequency, duration, and manner
870 of unit owner statements.
871 1. Adequate notice of all board meetings, which must
872 specifically identify all agenda items, must be posted
873 conspicuously on the condominium property at least 48 continuous
874 hours before the meeting except in an emergency. If 20 percent
875 of the voting interests petition the board to address an item of
876 business, the board, within 60 days after receipt of the
877 petition, shall place the item on the agenda at its next regular
878 board meeting or at a special meeting called for that purpose.
879 An item not included on the notice may be taken up on an
880 emergency basis by a vote of at least a majority plus one of the
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Amendment No. 1

881 board members. Such emergency action must be noticed and
882 ratified at the next regular board meeting. Written notice of a
883 meeting at which a nonemergency special assessment or an
884 amendment to rules regarding unit use will be considered must be
885 mailed, delivered, or electronically transmitted to the unit
886 owners and posted conspicuously on the condominium property at
887 least 14 days before the meeting. Evidence of compliance with
888 this 14-day notice requirement must be made by an affidavit
889 executed by the person providing the notice and filed with the
890 official records of the association. Notice of any meeting in
891 which regular or special assessments against unit owners are to
892 be considered must specifically state that assessments will be
893 considered and provide the estimated cost and description of the
894 purposes for such assessments.
895 2. Upon notice to the unit owners, the board shall, by
896 duly adopted rule, designate a specific location on the
897 condominium property at which where all notices of board
898 meetings must be posted. If there is no condominium property at
899 which where notices can be posted, notices shall be mailed,
900 delivered, or electronically transmitted to each unit owner at
901 least 14 days before the meeting. In lieu of or in addition to
902 the physical posting of the notice on the condominium property,
903 the association may, by reasonable rule, adopt a procedure for
904 conspicuously posting and repeatedly broadcasting the notice and
905 the agenda on a closed-circuit cable television system serving
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Amendment No. 1

906 the condominium association. However, if broadcast notice is
907 used in lieu of a notice physically posted on condominium
908 property, the notice and agenda must be broadcast at least four
909 times every broadcast hour of each day that a posted notice is
910 otherwise required under this section. If broadcast notice is
911 provided, the notice and agenda must be broadcast in a manner
912 and for a sufficient continuous length of time so as to allow an
913 average reader to observe the notice and read and comprehend the
914 entire content of the notice and the agenda. In addition to any
915 of the authorized means of providing notice of a meeting of the
916 board, the association may, by rule, adopt a procedure for
917 conspicuously posting the meeting notice and the agenda on a
918 website serving the condominium association for at least the
919 minimum period of time for which a notice of a meeting is also
920 required to be physically posted on the condominium property.
921 Any rule adopted shall, in addition to other matters, include a
922 requirement that the association send an electronic notice in
923 the same manner as a notice for a meeting of the members, which
924 must include a hyperlink to the website at which where the
925 notice is posted, to unit owners whose e-mail addresses are
926 included in the association's official records.
927 3. Notice of any meeting in which regular or special
928 assessments against unit owners are to be considered must
929 specifically state that assessments will be considered and
930 provide the estimated cost and description of the purposes for
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931 such assessments. If an agenda item relates to the approval of a
932 contract for goods or services, a copy of the contract must be
933 provided with the notice, made available for inspection and
934 copying upon a written request from a unit owner, or made
935 available on the association's website or through an application
936 that can be downloaded on a mobile device.
937 4.2. Meetings of a committee to take final action on
938 behalf of the board or make recommendations to the board
939 regarding the association budget are subject to this paragraph.
940 Meetings of a committee that does not take final action on
941 behalf of the board or make recommendations to the board
942 regarding the association budget are subject to this section,
943 unless those meetings are exempted from this section by the
944 bylaws of the association.
945 5.3. Notwithstanding any other law, the requirement that
946 board meetings and committee meetings be open to the unit owners
947 does not apply to:
948 a. Meetings between the board or a committee and the
949 association's attorney, with respect to proposed or pending
950 litigation, if the meeting is held for the purpose of seeking or
951 rendering legal advice; or
952 b. Board meetings held for the purpose of discussing
953 personnel matters.
954 (d) Unit owner meetings.—

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955 1. An annual meeting of the unit owners must be held at
956 the location provided in the association bylaws and, if the
957 bylaws are silent as to the location, the meeting must be held
958 within 45 miles of the condominium property. However, such
959 distance requirement does not apply to an association governing
960 a timeshare condominium.
961 2. Unless the bylaws provide otherwise, a vacancy on the
962 board caused by the expiration of a director's term must be
963 filled by electing a new board member, and the election must be
964 by secret ballot. An election is not required if the number of
965 vacancies equals or exceeds the number of candidates. For
966 purposes of this paragraph, the term "candidate" means an
967 eligible person who has timely submitted the written notice, as
968 described in sub-subparagraph 4.a., of his or her intention to
969 become a candidate. Except in a timeshare or nonresidential
970 condominium, or if the staggered term of a board member does not
971 expire until a later annual meeting, or if all members' terms
972 would otherwise expire but there are no candidates, the terms of
973 all board members expire at the annual meeting, and such members
974 may stand for reelection unless prohibited by the bylaws. Board
975 members may serve terms longer than 1 year if permitted by the
976 bylaws or articles of incorporation. A board member may not
977 serve more than 8 consecutive years unless approved by an
978 affirmative vote of unit owners representing two-thirds of all
979 votes cast in the election or unless there are not enough
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980 eligible candidates to fill the vacancies on the board at the
981 time of the vacancy. Only board service that occurs on or after
982 July 1, 2018, may be used when calculating a board member's term
983 limit. If the number of board members whose terms expire at the
984 annual meeting equals or exceeds the number of candidates, the
985 candidates become members of the board effective upon the
986 adjournment of the annual meeting. Unless the bylaws provide
987 otherwise, any remaining vacancies shall be filled by the
988 affirmative vote of the majority of the directors making up the
989 newly constituted board even if the directors constitute less
990 than a quorum or there is only one director. In a residential
991 condominium association of more than 10 units or in a
992 residential condominium association that does not include
993 timeshare units or timeshare interests, co-owners of a unit may
994 not serve as members of the board of directors at the same time
995 unless they own more than one unit or unless there are not
996 enough eligible candidates to fill the vacancies on the board at
997 the time of the vacancy. A unit owner in a residential
998 condominium desiring to be a candidate for board membership must
999 comply with sub-subparagraph 4.a. and must be eligible to be a
1000 candidate to serve on the board of directors at the time of the
1001 deadline for submitting a notice of intent to run in order to
1002 have his or her name listed as a proper candidate on the ballot
1003 or to serve on the board. A person who has been suspended or
1004 removed by the division under this chapter, or who is delinquent
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1005 in the payment of any assessment due to the association, is not
1006 eligible to be a candidate for board membership and may not be
1007 listed on the ballot. For purposes of this paragraph, a person
1008 is delinquent if a payment is not made by the due date as
1009 specifically identified in the declaration of condominium,
1010 bylaws, or articles of incorporation. If a due date is not
1011 specifically identified in the declaration of condominium,
1012 bylaws, or articles of incorporation, the due date is the first
1013 day of the assessment period. A person who has been convicted of
1014 any felony in this state or in a United States District or
1015 Territorial Court, or who has been convicted of any offense in
1016 another jurisdiction which would be considered a felony if
1017 committed in this state, is not eligible for board membership
1018 unless such felon's civil rights have been restored for at least
1019 5 years as of the date such person seeks election to the board.
1020 The validity of an action by the board is not affected if it is
1021 later determined that a board member is ineligible for board
1022 membership due to having been convicted of a felony. This
1023 subparagraph does not limit the term of a member of the board of
1024 a nonresidential or timeshare condominium.
1025 3. The bylaws must provide the method of calling meetings
1026 of unit owners, including annual meetings. Written notice of an
1027 annual meeting must include an agenda; be mailed, hand
1028 delivered, or electronically transmitted to each unit owner at
1029 least 14 days before the annual meeting; and be posted in a
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1030 conspicuous place on the condominium property or association
1031 property at least 14 continuous days before the annual meeting.
1032 Written notice of a meeting other than an annual meeting must
1033 include an agenda; be mailed, hand delivered, or electronically
1034 transmitted to each unit owner; and be posted in a conspicuous
1035 place on the condominium property or association property within
1036 the timeframe specified in the bylaws. If the bylaws do not
1037 specify a timeframe for written notice of a meeting other than
1038 an annual meeting, notice must be provided at least 14
1039 continuous days before the meeting. Upon notice to the unit
1040 owners, the board shall, by duly adopted rule, designate a
1041 specific location on the condominium property or association
1042 property at which where all notices of unit owner meetings must
1043 be posted. This requirement does not apply if there is no
1044 condominium property for posting notices. In lieu of, or in
1045 addition to, the physical posting of meeting notices, the
1046 association may, by reasonable rule, adopt a procedure for
1047 conspicuously posting and repeatedly broadcasting the notice and
1048 the agenda on a closed-circuit cable television system serving
1049 the condominium association. However, if broadcast notice is
1050 used in lieu of a notice posted physically on the condominium
1051 property, the notice and agenda must be broadcast at least four
1052 times every broadcast hour of each day that a posted notice is
1053 otherwise required under this section. If broadcast notice is
1054 provided, the notice and agenda must be broadcast in a manner
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1055 and for a sufficient continuous length of time so as to allow an
1056 average reader to observe the notice and read and comprehend the
1057 entire content of the notice and the agenda. In addition to any
1058 of the authorized means of providing notice of a meeting of the
1059 board, the association may, by rule, adopt a procedure for
1060 conspicuously posting the meeting notice and the agenda on a
1061 website serving the condominium association for at least the
1062 minimum period of time for which a notice of a meeting is also
1063 required to be physically posted on the condominium property.
1064 Any rule adopted shall, in addition to other matters, include a
1065 requirement that the association send an electronic notice in
1066 the same manner as a notice for a meeting of the members, which
1067 must include a hyperlink to the website at which where the
1068 notice is posted, to unit owners whose e-mail addresses are
1069 included in the association's official records. Unless a unit
1070 owner waives in writing the right to receive notice of the
1071 annual meeting, such notice must be hand delivered, mailed, or
1072 electronically transmitted to each unit owner. Notice for
1073 meetings and notice for all other purposes must be mailed to
1074 each unit owner at the address last furnished to the association
1075 by the unit owner, or hand delivered to each unit owner.
1076 However, if a unit is owned by more than one person, the
1077 association must provide notice to the address that the
1078 developer identifies for that purpose and thereafter as one or
1079 more of the owners of the unit advise the association in
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1080 writing, or if no address is given or the owners of the unit do
1081 not agree, to the address provided on the deed of record. An
1082 officer of the association, or the manager or other person
1083 providing notice of the association meeting, must provide an
1084 affidavit or United States Postal Service certificate of
1085 mailing, to be included in the official records of the
1086 association affirming that the notice was mailed or hand
1087 delivered in accordance with this provision.
1088 4. The members of the board of a residential condominium
1089 shall be elected by written ballot or voting machine. Proxies
1090 may not be used in electing the board in general elections or
1091 elections to fill vacancies caused by recall, resignation, or
1092 otherwise, unless otherwise provided in this chapter. This
1093 subparagraph does not apply to an association governing a
1094 timeshare condominium.
1095 a. At least 60 days before a scheduled election, the
1096 association shall mail, deliver, or electronically transmit, by
1097 separate association mailing or included in another association
1098 mailing, delivery, or transmission, including regularly
1099 published newsletters, to each unit owner entitled to a vote, a
1100 first notice of the date of the election. A unit owner or other
1101 eligible person desiring to be a candidate for the board must
1102 give written notice of his or her intent to be a candidate to
1103 the association at least 40 days before a scheduled election.
1104 Together with the written notice and agenda as set forth in
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1105 subparagraph 3., the association shall mail, deliver, or
1106 electronically transmit a second notice of the election to all
1107 unit owners entitled to vote, together with a ballot that lists
1108 all candidates not less than 14 days or more than 34 days before
1109 the date of the election. Upon request of a candidate, an
1110 information sheet, no larger than 8 1/2 inches by 11 inches,
1111 which must be furnished by the candidate at least 35 days before
1112 the election, must be included with the mailing, delivery, or
1113 transmission of the ballot, with the costs of mailing, delivery,
1114 or electronic transmission and copying to be borne by the
1115 association. The association is not liable for the contents of
1116 the information sheets prepared by the candidates. In order to
1117 reduce costs, the association may print or duplicate the
1118 information sheets on both sides of the paper. The division
1119 shall by rule establish voting procedures consistent with this
1120 sub-subparagraph, including rules establishing procedures for
1121 giving notice by electronic transmission and rules providing for
1122 the secrecy of ballots. Elections shall be decided by a
1123 plurality of ballots cast. There is no quorum requirement;
1124 however, at least 20 percent of the eligible voters must cast a
1125 ballot in order to have a valid election. A unit owner may not
1126 authorize any other person to vote his or her ballot, and any
1127 ballots improperly cast are invalid. A unit owner who violates
1128 this provision may be fined by the association in accordance
1129 with s. 718.303. A unit owner who needs assistance in casting
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Amendment No. 1

1130 the ballot for the reasons stated in s. 101.051 may obtain such
1131 assistance. The regular election must occur on the date of the
1132 annual meeting. Notwithstanding this sub-subparagraph, an
1133 election is not required unless more candidates file notices of
1134 intent to run or are nominated than board vacancies exist.
1135 b. A director of a Within 90 days after being elected or
1136 appointed to the board of an association of a residential
1137 condominium, each newly elected or appointed director shall:
1138 (I) Certify in writing to the secretary of the association
1139 that he or she has read the association's declaration of
1140 condominium, articles of incorporation, bylaws, and current
1141 written policies; that he or she will work to uphold such
1142 documents and policies to the best of his or her ability; and
1143 that he or she will faithfully discharge his or her fiduciary
1144 responsibility to the association's members.
1145 (II) Submit to the secretary of the association In lieu of
1146 this written certification, within 90 days after being elected
1147 or appointed to the board, the newly elected or appointed
1148 director may submit a certificate of having satisfactorily
1149 completed the educational curriculum administered by the
1150 division or a division-approved condominium education provider.
1151 The educational curriculum must be 4 hours long and include
1152 instruction on milestone inspections, structural integrity
1153 reserve studies, recordkeeping, financial literacy and
1154 transparency, levying of fines, and notice and meeting
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Amendment No. 1

1155 requirements within 1 year before or 90 days after the date of
1156 election or appointment.
1157
1158 Each newly elected or appointed director must submit to the
1159 secretary of the association the written certification and
1160 educational certificate within 1 year before being elected or
1161 appointed or 90 days after the date of election or appointment.
1162 A director of an association of a residential condominium who
1163 was elected or appointed before July 1, 2024, must comply with
1164 the written certification and educational certificate
1165 requirements in this sub-subparagraph by June 30, 2025. The
1166 written certification and or educational certificate is valid
1167 for 7 years after the date of issuance and does not have to be
1168 resubmitted as long as the director serves on the board without
1169 interruption during the 7-year period. A director who is
1170 appointed by the developer may satisfy the educational
1171 certificate requirement in sub-sub-subparagraph (II) for any
1172 subsequent appointment to a board by a developer within 7 years
1173 after the date of issuance of the most recent educational
1174 certificate, including any interruption of service on a board or
1175 appointment to a board in another association within that 7-year
1176 period. One year after submission of the most recent written
1177 certification and educational certificate, and annually
1178 thereafter, a director of an association of a residential
1179 condominium must submit to the secretary of the association a
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1180 certificate of having satisfactorily completed one hour of
1181 continuing education administered by the division, or a
1182 division-approved condominium education provider, relating to
1183 any recent changes to this chapter and the related
1184 administrative rules during the past year. A director of an
1185 association of a residential condominium who fails to timely
1186 file the written certification and or educational certificate is
1187 suspended from service on the board until he or she complies
1188 with this sub-subparagraph. The board may temporarily fill the
1189 vacancy during the period of suspension. The secretary shall
1190 cause the association to retain a director's written
1191 certification and or educational certificate for inspection by
1192 the members for 7 5 years after a director's election or the
1193 duration of the director's uninterrupted tenure, whichever is
1194 longer. Failure to have such written certification and or
1195 educational certificate on file does not affect the validity of
1196 any board action.
1197 c. Any challenge to the election process must be commenced
1198 within 60 days after the election results are announced.
1199 5. Any approval by unit owners called for by this chapter
1200 or the applicable declaration or bylaws, including, but not
1201 limited to, the approval requirement in s. 718.111(8), must be
1202 made at a duly noticed meeting of unit owners and is subject to
1203 all requirements of this chapter or the applicable condominium
1204 documents relating to unit owner decisionmaking, except that
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Amendment No. 1

1205 unit owners may take action by written agreement, without
1206 meetings, on matters for which action by written agreement
1207 without meetings is expressly allowed by the applicable bylaws
1208 or declaration or any law that provides for such action.
1209 6. Unit owners may waive notice of specific meetings if
1210 allowed by the applicable bylaws or declaration or any law.
1211 Notice of meetings of the board of administration; unit owner
1212 meetings, except unit owner meetings called to recall board
1213 members under paragraph (l); and committee meetings may be given
1214 by electronic transmission to unit owners who consent to receive
1215 notice by electronic transmission. A unit owner who consents to
1216 receiving notices by electronic transmission is solely
1217 responsible for removing or bypassing filters that block receipt
1218 of mass e-mails sent to members on behalf of the association in
1219 the course of giving electronic notices.
1220 7. Unit owners have the right to participate in meetings
1221 of unit owners with reference to all designated agenda items.
1222 However, the association may adopt reasonable rules governing
1223 the frequency, duration, and manner of unit owner participation.
1224 8. A unit owner may tape record or videotape a meeting of
1225 the unit owners subject to reasonable rules adopted by the
1226 division.
1227 9. Unless otherwise provided in the bylaws, any vacancy
1228 occurring on the board before the expiration of a term may be
1229 filled by the affirmative vote of the majority of the remaining
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Amendment No. 1

1230 directors, even if the remaining directors constitute less than
1231 a quorum, or by the sole remaining director. In the alternative,
1232 a board may hold an election to fill the vacancy, in which case
1233 the election procedures must conform to sub-subparagraph 4.a.
1234 unless the association governs 10 units or fewer and has opted
1235 out of the statutory election process, in which case the bylaws
1236 of the association control. Unless otherwise provided in the
1237 bylaws, a board member appointed or elected under this section
1238 shall fill the vacancy for the unexpired term of the seat being
1239 filled. Filling vacancies created by recall is governed by
1240 paragraph (l) and rules adopted by the division.
1241 10. This chapter does not limit the use of general or
1242 limited proxies, require the use of general or limited proxies,
1243 or require the use of a written ballot or voting machine for any
1244 agenda item or election at any meeting of a timeshare
1245 condominium association or nonresidential condominium
1246 association.
1247
1248 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
1249 association of 10 or fewer units may, by affirmative vote of a
1250 majority of the total voting interests, provide for different
1251 voting and election procedures in its bylaws, which may be by a
1252 proxy specifically delineating the different voting and election
1253 procedures. The different voting and election procedures may

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Amendment No. 1

1254 provide for elections to be conducted by limited or general
1255 proxy.
1256 (f) Annual budget.—
1257 1. The proposed annual budget of estimated revenues and
1258 expenses must be detailed and must show the amounts budgeted by
1259 accounts and expense classifications, including, at a minimum,
1260 any applicable expenses listed in s. 718.504(21). The board
1261 shall adopt the annual budget at least 14 days before the start
1262 of the association's fiscal year. In the event that the board
1263 fails to timely adopt the annual budget a second time, it is
1264 deemed a minor violation and the prior year's budget shall
1265 continue in effect until a new budget is adopted. A
1266 multicondominium association must adopt a separate budget of
1267 common expenses for each condominium the association operates
1268 and must adopt a separate budget of common expenses for the
1269 association. In addition, if the association maintains limited
1270 common elements with the cost to be shared only by those
1271 entitled to use the limited common elements as provided for in
1272 s. 718.113(1), the budget or a schedule attached to it must show
1273 the amount budgeted for this maintenance. If, after turnover of
1274 control of the association to the unit owners, any of the
1275 expenses listed in s. 718.504(21) are not applicable, they do
1276 not need to be listed.
1277 2.a. In addition to annual operating expenses, the budget
1278 must include reserve accounts for capital expenditures and
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1279 deferred maintenance. These accounts must include, but are not
1280 limited to, roof replacement, building painting, and pavement
1281 resurfacing, regardless of the amount of deferred maintenance
1282 expense or replacement cost, and any other item that has a
1283 deferred maintenance expense or replacement cost that exceeds
1284 $10,000. The amount to be reserved must be computed using a
1285 formula based upon estimated remaining useful life and estimated
1286 replacement cost or deferred maintenance expense of the reserve
1287 item. In a budget adopted by an association that is required to
1288 obtain a structural integrity reserve study, reserves must be
1289 maintained for the items identified in paragraph (g) for which
1290 the association is responsible pursuant to the declaration of
1291 condominium, and the reserve amount for such items must be based
1292 on the findings and recommendations of the association's most
1293 recent structural integrity reserve study. With respect to items
1294 for which an estimate of useful life is not readily
1295 ascertainable or with an estimated remaining useful life of
1296 greater than 25 years, an association is not required to reserve
1297 replacement costs for such items, but an association must
1298 reserve the amount of deferred maintenance expense, if any,
1299 which is recommended by the structural integrity reserve study
1300 for such items. The association may adjust replacement reserve
1301 assessments annually to take into account an inflation
1302 adjustment and any changes in estimates or extension of the
1303 useful life of a reserve item caused by deferred maintenance.
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Amendment No. 1

1304 The members of a unit-owner-controlled association may
1305 determine, by a majority vote of the total voting interests of
1306 the association, to provide no reserves or less reserves than
1307 required by this subsection. For a budget adopted on or after
1308 December 31, 2024, the members of a unit-owner-controlled
1309 association that must obtain a structural integrity reserve
1310 study may not determine to provide no reserves or less reserves
1311 than required by this subsection for items listed in paragraph
1312 (g), except that members of an association operating a
1313 multicondominium may determine to provide no reserves or less
1314 reserves than required by this subsection if an alternative
1315 funding method has been approved by the division. If the local
1316 building official, as defined in s. 468.603(2), determines that
1317 the entire condominium building is uninhabitable due to a
1318 natural emergency, defined as s.252.34(8), the board, upon the
1319 approval of a majority of its members, may pause its
1320 contribution to its reserves or reduce reserve funding until the
1321 local building official determines the condominium building is
1322 habitable. Any reserve account funds held by the association may
1323 be expended to make the condominium building and structures
1324 habitable, pursuant to the board determination. Immediately,
1325 upon the determination that the building is habitable, the
1326 association must resume contributing funds to its reserves.
1327 b. Before turnover of control of an association by a
1328 developer to unit owners other than a developer under s.
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Amendment No. 1

1329 718.301, the developer-controlled association may not vote to
1330 waive the reserves or reduce funding of the reserves. If a
1331 meeting of the unit owners has been called to determine whether
1332 to waive or reduce the funding of reserves and no such result is
1333 achieved or a quorum is not attained, the reserves included in
1334 the budget shall go into effect. After the turnover, the
1335 developer may vote its voting interest to waive or reduce the
1336 funding of reserves.
1337 3. Reserve funds and any interest accruing thereon shall
1338 remain in the reserve account or accounts, and may be used only
1339 for authorized reserve expenditures unless their use for other
1340 purposes is approved in advance by a majority vote of all the
1341 total voting interests of the association. Before turnover of
1342 control of an association by a developer to unit owners other
1343 than the developer pursuant to s. 718.301, the developer-
1344 controlled association may not vote to use reserves for purposes
1345 other than those for which they were intended. For a budget
1346 adopted on or after December 31, 2024, members of a unit-owner-
1347 controlled association that must obtain a structural integrity
1348 reserve study may not vote to use reserve funds, or any interest
1349 accruing thereon, for any other purpose other than the
1350 replacement or deferred maintenance costs of the components
1351 listed in paragraph (g).
1352 4. The only voting interests that are eligible to vote on
1353 questions that involve waiving or reducing the funding of
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Amendment No. 1

1354 reserves, or using existing reserve funds for purposes other
1355 than purposes for which the reserves were intended, are the
1356 voting interests of the units subject to assessment to fund the
1357 reserves in question. Proxy questions relating to waiving or
1358 reducing the funding of reserves or using existing reserve funds
1359 for purposes other than purposes for which the reserves were
1360 intended must contain the following statement in capitalized,
1361 bold letters in a font size larger than any other used on the
1362 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
1363 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
1364 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
1365 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
1366 (g) Structural integrity reserve study.—
1367 1. A residential condominium association must have a
1368 structural integrity reserve study completed at least every 10
1369 years after the condominium's creation for each building on the
1370 condominium property that is three stories or higher in height,
1371 as determined by the Florida Building Code, which includes, at a
1372 minimum, a study of the following items as related to the
1373 structural integrity and safety of the building:
1374 a. Roof.
1375 b. Structure, including load-bearing walls and other
1376 primary structural members and primary structural systems as
1377 those terms are defined in s. 627.706.
1378 c. Fireproofing and fire protection systems.
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Amendment No. 1

1379 d. Plumbing.
1380 e. Electrical systems.
1381 f. Waterproofing and exterior painting.
1382 g. Windows and exterior doors.
1383 h. Any other item that has a deferred maintenance expense
1384 or replacement cost that exceeds $10,000 and the failure to
1385 replace or maintain such item negatively affects the items
1386 listed in sub-subparagraphs a.-g., as determined by the visual
1387 inspection portion of the structural integrity reserve study.
1388 2. A structural integrity reserve study is based on a
1389 visual inspection of the condominium property. A structural
1390 integrity reserve study may be performed by any person qualified
1391 to perform such study. However, the visual inspection portion of
1392 the structural integrity reserve study must be performed or
1393 verified by an engineer licensed under chapter 471, an architect
1394 licensed under chapter 481, or a person certified as a reserve
1395 specialist or professional reserve analyst by the Community
1396 Associations Institute or the Association of Professional
1397 Reserve Analysts.
1398 3. At a minimum, a structural integrity reserve study must
1399 identify each item of the condominium property being visually
1400 inspected, state the estimated remaining useful life and the
1401 estimated replacement cost or deferred maintenance expense of
1402 each item of the condominium property being visually inspected,
1403 and provide a reserve funding schedule with a recommended annual
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Amendment No. 1

1404 reserve amount that achieves the estimated replacement cost or
1405 deferred maintenance expense of each item of condominium
1406 property being visually inspected by the end of the estimated
1407 remaining useful life of the item. The structural integrity
1408 reserve study may recommend that reserves do not need to be
1409 maintained for any item for which an estimate of useful life and
1410 an estimate of replacement cost cannot be determined, or the
1411 study may recommend a deferred maintenance expense amount for
1412 such item. The structural integrity reserve study may recommend
1413 that reserves for replacement costs do not need to be maintained
1414 for any item with an estimated remaining useful life of greater
1415 than 25 years, but the study may recommend a deferred
1416 maintenance expense amount for such item.
1417 4. This paragraph does not apply to buildings less than
1418 three stories in height; single-family, two-family, or three-
1419 family dwellings with three or fewer habitable stories above
1420 ground; any portion or component of a building that has not been
1421 submitted to the condominium form of ownership; or any portion
1422 or component of a building that is maintained by a party other
1423 than the association.
1424 5. Before a developer turns over control of an association
1425 to unit owners other than the developer, the developer must have
1426 a turnover inspection report in compliance with s. 718.301(4)(p)
1427 and (q) for each building on the condominium property that is
1428 three stories or higher in height.
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Amendment No. 1

1429 6. Associations existing on or before July 1, 2022, which
1430 are controlled by unit owners other than the developer, must
1431 have a structural integrity reserve study completed by December
1432 31, 2024, for each building on the condominium property that is
1433 three stories or higher in height. An association that is
1434 required to complete a milestone inspection in accordance with
1435 s. 553.899 on or before December 31, 2026, may complete the
1436 structural integrity reserve study simultaneously with the
1437 milestone inspection. In no event may the structural integrity
1438 reserve study be completed after December 31, 2026.
1439 7. If the milestone inspection required by s. 553.899, or
1440 an inspection completed for a similar local requirement, was
1441 performed within the past 5 years and meets the requirements of
1442 this paragraph, such inspection may be used in place of the
1443 visual inspection portion of the structural integrity reserve
1444 study.
1445 8. If the officers or directors of an association
1446 willfully and knowingly fail to complete a structural integrity
1447 reserve study pursuant to this paragraph, such failure is a
1448 breach of an officer's and director's fiduciary relationship to
1449 the unit owners under s. 718.111(1).
1450 9. Within 45 days after receiving the structural integrity
1451 reserve study, the association must distribute a copy of the
1452 study to each unit owner or deliver to each unit owner a notice
1453 that the completed study is available for inspection and copying
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Amendment No. 1

1454 upon a written request. Distribution of a copy of the study or
1455 notice must be made by United States mail or personal delivery
1456 to the mailing address, property address, or any other address
1457 of the owner provided to fulfill the association's notice
1458 requirements under this chapter, or by electronic transmission
1459 to the e-mail address or facsimile number provided to fulfill
1460 the association's notice requirements to unit owners who
1461 previously consented to receive notice by electronic
1462 transmission.
1463 (i) Assessments.—
1464 1. The manner of collecting from the unit owners their
1465 shares of the common expenses shall be stated in the bylaws.
1466 Assessments shall be made against units not less frequently than
1467 quarterly in an amount which is not less than that required to
1468 provide funds in advance for payment of all of the anticipated
1469 current operating expenses and for all of the unpaid operating
1470 expenses previously incurred. Nothing in this paragraph shall
1471 preclude the right of an association to accelerate assessments
1472 of an owner delinquent in payment of common expenses.
1473 Accelerated assessments shall be due and payable on the date the
1474 claim of lien is filed. Such accelerated assessments shall
1475 include the amounts due for the remainder of the budget year in
1476 which the claim of lien was filed.
1477
1478
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Amendment No. 1

1479
1480
1481 (q) Director or officer offenses.—
1482 1. A director or an officer charged by information or
1483 indictment with any of the following crimes must be removed from
1484 office:
1485 a. Forgery, as provided in s. 831.01, of a ballot envelope
1486 or voting certificate used in a condominium association
1487 election.
1488 b. Theft, as provided in s. 812.014, or embezzlement
1489 involving the association's funds or property.
1490 c. Destruction of, or the refusal to allow inspection or
1491 copying of, an official record of a condominium association
1492 which is accessible to unit owners within the time periods
1493 required by general law, in furtherance of any crime. Such act
1494 constitutes tampering with physical evidence as provided in s.
1495 918.13.
1496 d. Obstruction of justice under chapter 843.
1497 2. The board shall fill the vacancy in accordance with
1498 paragraph (2)(d) a felony theft or embezzlement offense
1499 involving the association's funds or property must be removed
1500 from office, creating a vacancy in the office to be filled
1501 according to law until the end of the period of the suspension
1502 or the end of the director's term of office, whichever occurs
1503 first. While such director or officer has such criminal charge
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1504 pending, he or she may not be appointed or elected to a position
1505 as a director or officer of any association and may not have
1506 access to the official records of any association, except
1507 pursuant to a court order. However, if the charges are resolved
1508 without a finding of guilt, the director or officer shall be
1509 reinstated for the remainder of his or her term of office, if
1510 any.
1511 (r) Fraudulent voting activities relating to association
1512 elections; penalties.—
1513 1. A person who engages in the following acts of
1514 fraudulent voting activity relating to association elections
1515 commits a misdemeanor of the first degree, punishable as
1516 provided in s. 775.082 or s. 775.083:
1517 a. Willfully and falsely swearing to or affirming an oath
1518 or affirmation, or willfully procuring another person to falsely
1519 swear to or affirm an oath or affirmation, in connection with or
1520 arising out of voting activities.
1521 b. Perpetrating or attempting to perpetrate, or aiding in
1522 the perpetration of, fraud in connection with a vote cast, to be
1523 cast, or attempted to be cast.
1524 c. Preventing a member from voting or preventing a member
1525 from voting as he or she intended by fraudulently changing or
1526 attempting to change a ballot, ballot envelope, vote, or voting
1527 certificate of the member.

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Amendment No. 1

1528 d. Menacing, threatening, or using bribery or any other
1529 corruption to attempt, directly or indirectly, to influence,
1530 deceive, or deter a member when the member is voting.
1531 e. Giving or promising, directly or indirectly, anything
1532 of value to another member with the intent to buy the vote of
1533 that member or another member or to corruptly influence that
1534 member or another member in casting his or her vote. This sub-
1535 subparagraph does not apply to any food served which is to be
1536 consumed at an election rally or a meeting or to any item of
1537 nominal value which is used as an election advertisement,
1538 including a campaign message designed to be worn by a member.
1539 f. Using or threatening to use, directly or indirectly,
1540 force, violence, or intimidation or any tactic of coercion or
1541 intimidation to induce or compel a member to vote or refrain
1542 from voting in an election or on a particular ballot measure.
1543 2. Each of the following acts constitutes a misdemeanor of
1544 the first degree, punishable as provided in s. 775.082 or s.
1545 775.083:
1546 a. Knowingly aiding, abetting, or advising a person in the
1547 commission of a fraudulent voting activity related to
1548 association elections.
1549 b. Agreeing, conspiring, combining, or confederating with
1550 at least one other person to commit a fraudulent voting activity
1551 related to association elections.

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Amendment No. 1

1552 c. Having knowledge of a fraudulent voting activity
1553 related to association elections and giving any aid to the
1554 offender with intent that the offender avoid or escape
1555 detection, arrest, trial, or punishment. This sub-subparagraph
1556 does not apply to a licensed attorney giving legal advice to a
1557 client.
1558 Section 9. Subsection (5) of section 718.113, Florida
1559 Statutes, is amended to read:
1560 718.113 Maintenance; limitation upon improvement; display
1561 of flag; hurricane shutters and protection; display of religious
1562 decorations.—
1563 (5) To protect the health, safety, and welfare of the
1564 people of the state and to ensure uniformity and consistency in
1565 the hurricane protections installed by condominium associations
1566 and unit owners, this subsection applies to all residential and
1567 mixed-use condominiums in the state, regardless of when the
1568 condominium is created pursuant to the declaration of
1569 condominium. Each board of administration of a residential
1570 condominium or mixed-use condominium must shall adopt hurricane
1571 protection shutter specifications for each building within each
1572 condominium operated by the association which may shall include
1573 color, style, and other factors deemed relevant by the board.
1574 All specifications adopted by the board must comply with the
1575 applicable building code. The installation, maintenance, repair,
1576 replacement, and operation of hurricane protection in accordance
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Amendment No. 1

1577 with this subsection is not considered a material alteration or
1578 substantial addition to the common elements or association
1579 property within the meaning of this section.
1580 (a) The board may, subject to s. 718.3026 and the approval
1581 of a majority of voting interests of the residential condominium
1582 or mixed-use condominium, install or require that unit owners
1583 install hurricane shutters, impact glass, code-compliant windows
1584 or doors, or other types of code-compliant hurricane protection
1585 that complies comply with or exceeds exceed the applicable
1586 building code. A vote of the unit owners to require the
1587 installation of hurricane protection must be set forth in a
1588 certificate attesting to such vote and include the date that the
1589 hurricane protection must be installed. The board must record
1590 the certificate in the public records of the county in which the
1591 condominium is located. Once the certificate is recorded, the
1592 board must mail or hand deliver a copy of the recorded
1593 certificate to the unit owners at the owners' addresses, as
1594 reflected in the records of the association. The board may
1595 provide to unit owners who previously consented to receive
1596 notice by electronic transmission a copy of the recorded
1597 certificate by electronic transmission. The failure to record
1598 the certificate or send a copy of the recorded certificate to
1599 the unit owners does not affect the validity or enforceability
1600 of the vote of the unit owners. However, A vote of the unit
1601 owners under this paragraph is not required if the installation,
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1602 maintenance, repair, and replacement of the hurricane shutters,
1603 impact glass, code-compliant windows or doors, or other types of
1604 code-compliant hurricane protection, or any exterior windows,
1605 doors, or other apertures protected by the hurricane protection,
1606 is are the responsibility of the association pursuant to the
1607 declaration of condominium as originally recorded or as amended,
1608 or if the unit owners are required to install hurricane
1609 protection pursuant to the declaration of condominium as
1610 originally recorded or as amended. If hurricane protection or
1611 laminated glass or window film architecturally designed to
1612 function as hurricane protection that complies with or exceeds
1613 the current applicable building code has been previously
1614 installed, the board may not install the same type of hurricane
1615 shutters, impact glass, code-compliant windows or doors, or
1616 other types of code-compliant hurricane protection or require
1617 that unit owners install the same type of hurricane protection
1618 unless the installed hurricane protection has reached the end of
1619 its useful life or unless it is necessary to prevent damage to
1620 the common elements or to a unit except upon approval by a
1621 majority vote of the voting interests.
1622 (b) The association is responsible for the maintenance,
1623 repair, and replacement of the hurricane shutters, impact glass,
1624 code-compliant windows or doors, or other types of code-
1625 compliant hurricane protection authorized by this subsection if
1626 such property is the responsibility of the association pursuant
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1627 to the declaration of condominium. If the hurricane shutters,
1628 impact glass, code-compliant windows or doors, or other types of
1629 code-compliant hurricane protection are the responsibility of
1630 the unit owners pursuant to the declaration of condominium, the
1631 maintenance, repair, and replacement of such items are the
1632 responsibility of the unit owner.
1633 (b)(c) The board may operate shutters, impact glass, code-
1634 compliant windows or doors, or other types of code-compliant
1635 hurricane protection installed pursuant to this subsection
1636 without permission of the unit owners only if such operation is
1637 necessary to preserve and protect the condominium property or
1638 and association property. The installation, replacement,
1639 operation, repair, and maintenance of such shutters, impact
1640 glass, code-compliant windows or doors, or other types of code-
1641 compliant hurricane protection in accordance with the procedures
1642 set forth in this paragraph are not a material alteration to the
1643 common elements or association property within the meaning of
1644 this section.
1645 (c)(d) Notwithstanding any other provision in the
1646 residential condominium or mixed-use condominium documents, if
1647 approval is required by the documents, a board may not refuse to
1648 approve the installation or replacement of hurricane shutters,
1649 impact glass, code-compliant windows or doors, or other types of
1650 code-compliant hurricane protection by a unit owner which
1651 conforms conforming to the specifications adopted by the board.
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1652 However, a board may require the unit owner to adhere to an
1653 existing unified building scheme regarding the external
1654 appearance of the condominium.
1655 (d) A unit owner is not responsible for the cost of any
1656 removal or reinstallation of hurricane protection, including
1657 exterior windows, doors, or other apertures, if its removal is
1658 necessary for the maintenance, repair, or replacement of other
1659 condominium property or association property for which the
1660 association is responsible. The board shall determine if the
1661 removal or reinstallation of hurricane protection must be
1662 completed by the unit owner or the association. If such removal
1663 or reinstallation is completed by the association, the costs
1664 incurred by the association may not be charged to the unit
1665 owner. If such removal or reinstallation is completed by the
1666 unit owner, the association must reimburse the unit owner for
1667 the cost of the removal or reinstallation or the association
1668 must apply a credit toward future assessments in the amount of
1669 the unit owner's cost to remove or reinstall the hurricane
1670 protection.
1671 (e) If the removal or reinstallation of hurricane
1672 protection, including exterior windows, doors, or other
1673 apertures, is the responsibility of the unit owner and the
1674 association completes such removal or reinstallation and then
1675 charges the unit owner for such removal or reinstallation, such

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Amendment No. 1

1676 charges are enforceable as an assessment and may be collected in
1677 the manner provided under s. 718.116.
1678 Section 10. Paragraph (e) of subsection (1) of section
1679 718.115, Florida Statutes, is amended to read:
1680 718.115 Common expenses and common surplus.—
1681 (1)
1682 (e)1. Except as provided in s. 718.113(5)(d), The expense
1683 of installation, replacement, operation, repair, and maintenance
1684 of hurricane shutters, impact glass, code-compliant windows or
1685 doors, or other types of code-compliant hurricane protection by
1686 the board pursuant to s. 718.113(5) constitutes a common expense
1687 and shall be collected as provided in this section if the
1688 association is responsible for the maintenance, repair, and
1689 replacement of the hurricane shutters, impact glass, code-
1690 compliant windows or doors, or other types of code-compliant
1691 hurricane protection pursuant to the declaration of condominium.
1692 However, if the installation of maintenance, repair, and
1693 replacement of the hurricane shutters, impact glass, code-
1694 compliant windows or doors, or other types of code-compliant
1695 hurricane protection is are the responsibility of the unit
1696 owners pursuant to the declaration of condominium or a vote of
1697 the unit owners under s. 718.113(5), the cost of the
1698 installation of the hurricane shutters, impact glass, code-
1699 compliant windows or doors, or other types of code-compliant
1700 hurricane protection by the association is not a common expense
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