HB 1021 — Community Associations

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 mail addresses and facsimile numbers are not accessible to unit owners if consent to receive notice by electronic transmission is not provided In accordance with sub-subparagraph (c)5.e., the e-mail addresses and facsimile numbers are only accessible to unit owners if consent to receive notice by electronic transmission is provided (c)3.e.

The accounting records must include, but are not Pagelimited 18to: of108 CODING:

Page 18 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 limiteda. to:

a.

All rental records if the association is acting as Pageagent 19for of108the CODING:rental of condominium units.

Page 19 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 agent14. for the rental of condominium units.

14.

In the event that the official records are lost, destroyed, or otherwise unavailable, the Page 20 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 records are lost, destroyed, or otherwise unavailable, the obligation to maintain the official records includes a good faith obligation to obtain and re-create those records to the fullest extent possible.

The official records of the association are open to inspection by any association member and any person authorized by an association member as a representative of such Pagemember 21at of108all CODING:reasonable times.

The right to inspect the records Page 21 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 memberincludes the right to make or obtain copies, at allthe reasonable times.expense, if any, of the member and of the person authorized by the association member as a representative of such member.

The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the member and of the person authorized by the association member as a representative of such member.

If the requested records are posted on an association's website, or are available for download through an application on a mobile device, the association may fulfill its obligations under this Page 22 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 device, the association may fulfill its obligations under this paragraph by directing to the website or the application all persons authorized to request access.

Any person who knowingly or intentionally defaces or destroys accounting records that are required by this chapter 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 Page 23 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 to be created or maintained, with the intent of causing harm to the association or one or more of its members, commits a misdemeanor of the first degree, punishable as provided in s.

An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the Page 24 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 electronic copy of the official records in lieu of the association's providing the member or his or her authorized representative with a copy of such records.

For purposes of this sub- subparagraph, the term "personnel records" does not include written employment agreements with an association employee or management company, or budgetary or financial records that Pageindicate 25the of108compensation CODING:paid to an association employee.

Page 25 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 indicated. the compensation paid to an association employee.

d.

Pageg. 26 of108 CODING:

The software and operating system used by the Page 26 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 g.association which allow the manipulation of data, even if the owner owns a copy of the same software used by the association.

The software and operating system used by the association which allow the manipulation of data, even if the owner owns a copy of the same software used by the association.

"The responses herein are made in good faith and to the best of my ability as to their accuracy." Page 27 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 ability as to their accuracy." (f) An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election.

The association's website or application must be accessible through the Internet and must contain a subpage, web Page 28 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 accessible through the Internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the association.

A list of all executory contracts or documents to which the association is a party or under which the association or the unit owners have an obligation or responsibility and, after Page 29 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 unit owners have an obligation or responsibility and, after bidding for the related materials, equipment, or services has closed, a list of bids received by the association within the past year.

The notice must be posted in plain view on the front page of the website or application, or on a Page 30 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 on the front page of the website or application, or on a separate subpage of the website or application labeled "Notices" which is conspicuously visible and linked from the front page.

If protected information or information restricted from being accessible to unit owners is included in documents that are required to be posted on the association's website or application, the association shall ensure the Page 31 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 website or application, the association shall ensure the information is redacted before posting the documents.

Within 21 days after the final financial report is completed by the association or received from the third party, but not later than 120 days after the end of the fiscal year or other date as provided in the bylaws, the association shall deliver mail to each unit owner by United States mail or personal delivery at the mailing address, property address, e-mail address, or facsimile number provided to fulfill the association's notice requirements at the address last furnished to the association by the unit owner, or hand deliver to each unit owner, a copy of the most recent financial report, and or a notice that a copy of the most recent financial Page 32 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 report, and or a notice that a copy of the most recent financial report will be mailed or hand delivered to the unit owner, without charge, within 5 business days after receipt of a written request from the unit owner.

Page2. 33 of108 CODING:

An association with total annual revenues of at least Page 33 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 2.$300,000, but less than $500,000, shall prepare reviewed financial statements.

An association with total annual revenues of at least $300,000, but less than $500,000, shall prepare reviewed financial statements.

Page2. 34 of108 CODING:

Reviewed or audited financial statements, if the Page 34 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 2.association is required to prepare compiled financial statements;

Reviewed or audited financial statements, if the association is required to prepare compiled financial statements;

If the developer has not turned over control of the association, all unit owners, including the developer, may vote on issues related to the preparation of the association's financial reports, from the date of incorporation of the Page 35 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 financial reports, from the date of incorporation of the association through the end of the second fiscal year after the fiscal year in which the certificate of a surveyor and mapper is recorded pursuant to s.

An association that fails to comply with the division's request may not waive the financial reporting requirement provided in paragraph (d) for the fiscal year in Page 36 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 requirement provided in paragraph (d) for the fiscal year in which the unit owner's request was made and the following fiscal year.

718.111 The association.— (12) OFFICIAL RECORDS.— Page(g)1. 37 of108 CODING:

By January 1, 2019, An association managing a Page 37 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 (g)1.condominium with 25 150 or more units which does not contain timeshare units shall post digital copies of the documents specified in subparagraph 2.

By January 1, 2019, An association managing a condominium with 25 150 or more units which does not contain timeshare units shall post digital copies of the documents specified in subparagraph 2.

Upon a unit owner's written request, the association must provide the unit owner with a username and password and access to the protected sections of the association's website or application which contain any notices, records, or documents Pagethat 38must of108be CODING:electronically provided.

Page 38 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 that2. must be electronically provided.

2.

718.112(2)(f) and any Pageproposed 39budget of108to CODING:be considered at the annual meeting.

Page 39 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 proposedg. budget to be considered at the annual meeting.

g.

Pagel. 40 of108 CODING:

Notice of any board meeting, the agenda, and any other Page 40 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 l.document required for the meeting as required by s.

Notice of any board meeting, the agenda, and any other document required for the meeting as required by s.

The failure of the association to post information Pagerequired 41under of108subparagraph CODING:2.

is not in and of itself Page 41 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 requiredsufficient underto subparagraphinvalidate 2.any action or decision of the association's board or its committees.

is not in and of itself sufficient to invalidate any action or decision of the association's board or its committees.

The division shall adopt reasonable rules governing the tape recording and Page 42 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 adopt reasonable rules governing the tape recording and videotaping of the meeting.

Notice of any meeting in which regular or special assessments against unit owners are to be considered must specifically state that assessments will be Page 43 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 be considered must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments.

In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a Page 44 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property.

Meetings of a committee that does not take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this section, Page 45 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 regarding the association budget are subject to this section, unless those meetings are exempted from this section by the bylaws of the association.

For purposes of this paragraph, the term "candidate" means an eligible person who has timely submitted the written notice, as Page 46 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 eligible person who has timely submitted the written notice, as described in sub-subparagraph 4.a., of his or her intention to become a candidate.

In a residential condominium association of more than 10 units or in a residential condominium association that does not include Page 47 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 residential condominium association that does not include timeshare units or timeshare interests, co-owners of a unit may not serve as members of the board of directors at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.

A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, is not eligible for board membership Page 48 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 committed in this state, is not eligible for board membership unless such felon's civil rights have been restored for at least 5 years as of the date such person seeks election to the board.

Upon notice to the unit owners, the board shall, by duly adopted rule, designate a specific location on the condominium property or association property at which where all notices of unit owner meetings must Page 49 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 property at which where all notices of unit owner meetings must be posted.

Any rule adopted shall, in addition to other matters, include a requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members, which must include a hyperlink to the website at which where the Page 50 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 must include a hyperlink to the website at which where the notice is posted, to unit owners whose e-mail addresses are included in the association's official records.

Proxies may not be used in electing the board in general elections or elections to fill vacancies caused by recall, resignation, or Pageotherwise, 51unless of108otherwise CODING:provided in this chapter.

This Page 51 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 otherwise,subparagraph unlessdoes otherwisenot providedapply into thisan chapter.association governing a timeshare condominium.

This subparagraph does not apply to an association governing a timeshare condominium.

In order to reduce costs, the association may print or duplicate the Page 52 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 reduce costs, the association may print or duplicate the information sheets on both sides of the paper.

that he or she will work to uphold such Pagedocuments 53and of108policies CODING:to the best of his or her ability;

and Page 53 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 documentsthat andhe policiesor toshe thewill bestfaithfully ofdischarge his or her ability;fiduciary responsibility to the association's members.

and that he or she will faithfully discharge his or her fiduciary responsibility to the association's members.

The written certification and or educational certificate is valid for 7 years after the date of issuance and does not have to be Page 54 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 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 the 7-year period.

The secretary shall cause the association to retain a director's written certification and or educational certificate for inspection by the members for 7 5 years after a director's election or the Page 55 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 the members for 7 5 years after a director's election or the duration of the director's uninterrupted tenure, whichever is longer.

A unit owner who consents to receiving notices by electronic transmission is solely responsible for removing or bypassing filters that block receipt Page 56 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 responsible for removing or bypassing filters that block receipt of mass e-mails sent to members on behalf of the association in the course of giving electronic notices.

This chapter does not limit the use of general or limited proxies, require the use of general or limited proxies, Page 57 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 limited proxies, require the use of general or limited proxies, or require the use of a written ballot or voting machine for any agenda item or election at any meeting of a timeshare condominium association or nonresidential condominium association.

A multicondominium association must adopt a separate budget of common expenses for each condominium the association operates Page 58 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 common expenses for each condominium the association operates and must adopt a separate budget of common expenses for the association.

In a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for the items identified in paragraph (g) for which the association is responsible pursuant to the declaration of condominium, and the reserve amount for such items must be based on the findings and recommendations of the association's most Page 59 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 on the findings and recommendations of the association's most recent structural integrity reserve study.

468.603, determines that the entire condominium building is uninhabitable due to a natural Page 60 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 entire condominium building is uninhabitable due to a natural emergency, as defined in s.

Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts, and may be used only for authorized reserve expenditures unless their use for other purposes is approved in advance by a majority vote of all the Pagetotal 61voting of108interests CODING:of the association.

Before turnover of Page 61 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 totalcontrol votingof interestsan ofassociation by a developer to unit owners other than the association.developer pursuant to s.

Before turnover of control of an association by a developer to unit owners other than the developer pursuant to s.

(g) Structural integrity reserve study.— Page 62 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 (g) Structural integrity reserve study.— 1.

A structural integrity reserve study may be performed by any person qualified Pageto 63perform of108such CODING:study.

However, the visual inspection portion of Page 63 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 tothe performstructural suchintegrity study.reserve study must be performed or verified by an engineer licensed under chapter 471, an architect licensed under chapter 481, or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts.

However, the visual inspection portion of the structural integrity reserve study must be performed or verified by an engineer licensed under chapter 471, an architect licensed under chapter 481, or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts.

The structural integrity reserve study may recommend that reserves for replacement costs do not need to be maintained for any item with an estimated remaining useful life of greater than 25 years, but the study may recommend a deferred Pagemaintenance 64expense of108amount CODING:for such item.

Page 64 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 maintenance4. expense amount for such item.

4.

553.899, or an inspection completed for a similar local requirement, was performed within the past 5 years and meets the requirements of Page 65 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 performed within the past 5 years and meets the requirements of this paragraph, such inspection may be used in place of the visual inspection portion of the structural integrity reserve study.

A director or an officer charged by information or indictment with any of the following crimes must be removed from Pageoffice: 66 of108 CODING:

Page 66 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 office:a.

a.

However, if the charges are resolved without a finding of guilt, the director or officer shall be reinstated for the remainder of his or her term of office, if Page 67 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 reinstated for the remainder of his or her term of office, if any.

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 Pagemember 68or of108another CODING:member in casting his or her vote.

This sub- Page 68 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 membersubparagraph ordoes anothernot memberapply into castingany hisfood served which is to be consumed at an election rally or hera vote.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.

This sub- subparagraph 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.

Subsection (5) of section 718.113, Florida PageStatutes, 69is of108amended CODING:to read:

Page 69 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 Statutes,718.113 isMaintenance; amended to read:

718.113 Maintenance;

718.3026 and the approval of a majority of voting interests of the residential condominium or mixed-use condominium, install or require that unit owners install hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection Page 70 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 or doors, or other types of code-compliant hurricane protection that complies comply with or exceeds exceed the applicable building code.

However, A vote of the unit owners under this paragraph is not required if the installation, maintenance, repair, and replacement of the hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection, or any exterior windows, doors, or other apertures protected by the hurricane protection, is are the responsibility of the association pursuant to the declaration of condominium as originally recorded or as amended, or if the unit owners are required to install hurricane protection pursuant to the declaration of condominium as Page 71 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 protection pursuant to the declaration of condominium as originally recorded or as amended.

(b)(c) The board may operate shutters, impact glass, code- compliant windows or doors, or other types of code-compliant Page 72 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 compliant windows or doors, or other types of code-compliant hurricane protection installed pursuant to this subsection without permission of the unit owners only if such operation is necessary to preserve and protect the condominium property or and association property.

(d) A unit owner is not responsible for the cost of any removal or reinstallation of hurricane protection, including exterior windows, doors, or other apertures, if its removal is necessary for the maintenance, repair, or replacement of other condominium property or association property for which the Page 73 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 condominium property or association property for which the association is responsible.

718.113(5)(d), The expense of installation, replacement, operation, repair, and maintenance of hurricane shutters, impact glass, code-compliant windows or Page 74 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 of hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by the board pursuant to s.

718.116(9), and regardless of whether or not the declaration requires the association or unit Page 75 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 whether or not the declaration requires the association or unit owners to install, maintain, repair, or replace hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection, the a unit owner of a unit in which who has previously installed hurricane shutters in accordance with s.

However, such unit owner remains responsible for the pro rata share of expenses for hurricane Page 76 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 responsible for the pro rata share of expenses for hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection installed on common elements and association property by the board pursuant to s.

other prohibited actions.— (1) It is the intent of the Legislature to protect the Page 77 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 (1) It is the intent of the Legislature to protect the right of condominium unit owners to exercise their rights to instruct their representatives and petition for redress of grievances before their condominium association and the various governmental entities of this state as protected by the First Amendment to the United States Constitution and s.

Therefore, the Legislature finds and declares that prohibiting such lawsuits by condominium associations, governmental entities, business entities, and individuals against condominium unit owners who address matters concerning their condominium association will preserve this fundamental state policy, preserve the constitutional rights of condominium unit owners, Page 78 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 preserve the constitutional rights of condominium unit owners, and ensure the continuation of representative government in this state, and ensure unit owner participation in condominium associations.

(3) It is unlawful for a condominium association to fine, discriminatorily increase a unit owner's assessments, discriminatorily decrease services to a unit owner, or bring or threaten to bring an action for possession or other civil Page 79 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 threaten to bring an action for possession or other civil action, including a defamation, libel, slander, or tortious interference action, based on conduct described in this subsection.

(e) The unit owner has complained to the association or Page 80 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 (e) The unit owner has complained to the association or any of the association's representatives for the failure to comply with this chapter or chapter 617;

As soon as practicable, the court shall set a hearing on the petitioner's motion, which shall be held at the earliest possible time after the filing of the condominium association's, governmental Pageentity's, 81business of108organization's, CODING:or individual's response.

The Page 81 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 entity's,court may award the condominium unit owner sued by the condominium association, governmental entity, business organization's,organization, or individual'sindividual response.actual damages arising from the condominium association's, governmental entity's, individual's, or business organization's violation of this section.

The court may award the condominium unit owner sued by the condominium association, governmental entity, business organization, or individual actual damages arising from the condominium association's, governmental entity's, individual's, or business organization's violation of this section.

claims of defect by association.— (4) At the time that unit owners other than the developer elect a majority of the members of the board of administration of an association, the developer shall relinquish control of the Page 82 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 of an association, the developer shall relinquish control of the association, and the unit owners shall accept control.

Page5. 83 of108 CODING:

Electrical systems.

Page 83 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 5.6.

Electrical systems.

6.

(5) A contract entered into between a director or an officer, or a relative of a director or an officer, and the association, which is not a timeshare condominium association, that has not been properly disclosed as a conflict of interest or potential conflict of interest as required by this section or Page 84 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 or potential conflict of interest as required by this section or s.

A voting interest or consent right allocated to a unit owner or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the Page 85 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the declaration, articles of incorporation, or bylaws.

However, after turnover has occurred, the division has jurisdiction to investigate Page 86 of108of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 occurred,complaints thealleging divisionviolations hasof jurisdictionthis tochapter investigateor complaintsany rule or order hereunder related only to financial issuesissues, relatingelections, and the maintenance of and unit owner access to orassociation concerningrecords ss.under s.

718.111(4),718.111(12), (13), (14), and (15)the andprocedural 718.112(2)(e),completion (f),of andstructural (i);,integrity electionsreserve relatingstudies tounder ors. concerning ss.

718.112(2)(b),718.112(2)(g). (d), (l), and (r), 718.128, and 718.1265(1)(a);, and the maintenance of and unit owner access to association records relating to or concerning under s.

718.111(12);

the procedural aspects of meetings relating to or concerning s.

718.112(2)(b), (c), and (d);

disclosure of conflicts of interest relating to or concerning ss.

718.111(1)(a) and (3)(f), 718.112(2)(p) and (q), and 718.3027;

the procedural completion of structural integrity reserve studies relating to or concerning under s.

718.112(2)(g);

and any written inquiries by unit owners to the association relating to such matters.

The division may submit any official written report, worksheet, or other related paper, or a duly certified copy thereof, compiled, prepared, drafted, or otherwise made by and duly authenticated by a financial examiner or analyst to be admitted as competent evidence in any hearing in which the Pagefinancial 87examiner of108or CODING:analyst is available for cross-examination and attests under oath that such documents were prepared as a result of an examination or inspection conducted pursuant to this chapter.

(b) The division may require or permit any person to file a statement in writing, under oath or otherwise, as the division determines, as to the facts and circumstances concerning a matter to be investigated.

(c) For the purpose of any investigation under this chapter, the division director or any officer or employee Page 87 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 financialdesignated examinerby the division director may administer oaths or analystaffirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is availablerelevant forto cross-examinationthe investigation, including the existence, description, nature, custody, condition, and attestslocation underof oathany thatbooks, suchdocuments, documentsor wereother preparedtangible asthings aand resultthe identity and location of anpersons examinationhaving knowledge of relevant facts or inspectionany conductedother pursuantmatter reasonably calculated to thislead chapter.to the discovery of material evidence.

(b) The division may require or permit any person to file a statement in writing, under oath or otherwise, as the division determines, as to the facts and circumstances concerning a matter to be investigated.

(c) For the purpose of any investigation under this chapter, the division director or any officer or employee designated by the division director may 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.

(d) Notwithstanding any remedies available to unit owners and associations, if the division has reasonable cause to Pagebelieve 88that of108a CODING:violation of any provision of this chapter or related rule has occurred, the division may institute enforcement proceedings in its own name against any developer, bulk assignee, bulk buyer, association, officer, or member of the board of administration, or its assignees or agents, as follows:

1.

The division may permit a person whose conduct or actions may be under investigation to waive formal proceedings and enter into a consent proceeding whereby orders, rules, or letters of censure or warning, whether formal or informal, may Page 88 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 believebe thatentered a violation of any provision of this chapter or related rule has occurred, the division may institute enforcement proceedings in its own name against any developer, bulk assignee, bulk buyer, association, officer, or member of the boardperson. of administration, or its assignees or agents, as follows:

1.

The division may permit a person whose conduct or actions may be under investigation to waive formal proceedings and enter into a consent proceeding whereby orders, rules, or letters of censure or warning, whether formal or informal, may be entered against the person.

If the division finds that a developer, bulk assignee, bulk buyer, association, officer, or member of the board of administration, or its assignees or agents, is violating or is about to violate any provision of this chapter, any rule adopted or order issued by the division, or any written agreement Pageentered 89into of108with CODING:the division, and presents an immediate danger to the public requiring an immediate final order, it may issue an emergency cease and desist order reciting with particularity the facts underlying such findings.

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hb1021-02-c2 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 CS/CS/HB1021 2024 entered into with the division, and presents an immediate danger to the public requiring an immediate final order, it may issue an emergency cease and desist order reciting with particularity the facts underlying such findings.

If a developer, bulk assignee, or bulk buyer fails to pay any restitution determined by the division to be owed, plus anyPage accrued89 interestof107 atCODING: the highest rate permitted by law, within 30 days after expiration of any appellate time period of a final order requiring payment of restitution or the conclusion of any appeal thereof, whichever is later, the division must bring an action in circuit or county court on behalf of any association, class of unit owners, lessees, or purchasers for restitution, declaratory relief, injunctive relief, or any other available remedy.

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hb1021-01-c1 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 CS/HB1021 2024 any accrued interest at the highest rate permitted by law, within 30 days after expiration of any appellate time period of a final order requiring payment of restitution or the conclusion of any appeal thereof, whichever is later, the division must bring an action in circuit or county court on behalf of any association, class of unit owners, lessees, or purchasers for restitution, declaratory relief, injunctive relief, or any other available remedy.

In addition to all other means provided by law for the Pageenforcement 90of of108an CODING:injunction or temporary restraining order, the circuit court may impound or sequester the property of a party defendant, including books, papers, documents, and related records, and allow the examination and use of the property by the division and a court-appointed receiver or conservator.

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hb1021-02-c2 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 CS/CS/HB1021 2024 enforcement of an injunction or temporary restraining order, the circuit court may impound or sequester the property of a party defendant, including books, papers, documents, and related records, and allow the examination and use of the property by the division and a court-appointed receiver or conservator.

At the option of the court,Page such90 restitutionof107 isCODING: payable to the conservator or receiver appointed under subparagraph 4.

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hb1021-01-c1 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 CS/HB1021 2024 court, such restitution is payable to the conservator or receiver appointed under subparagraph 4.

The term "willfully and knowingly" means that the Pagedivision 91informed of108the CODING:officer or board member that his or her action or intended action violates this chapter, a rule adopted under this chapter, or a final order of the division and that the officer or board member refused to comply with the requirements of this chapter, a rule adopted under this chapter, or a final order of the division.

The division, before initiating formal agency action under chapter 120, must afford the officer or board member an opportunity to voluntarily comply, and an officer or board member who complies within 10 days is not subject to a civil penalty.

A penalty may be imposed Page 91 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 divisionon informed the officerbasis orof boardeach memberday that his or her action or intended action violates this chapter, a rule adopted under this chapter, or a final order of thecontinuing divisionviolation, andbut that the officerpenalty orfor boardany memberoffense refusedmay tonot complyexceed with$5,000. the requirements of this chapter, a rule adopted under this chapter, or a final order of the division.

The division, before initiating formal agency action under chapter 120, must afford the officer or board member an opportunity to voluntarily comply, and an officer or board member who complies within 10 days is not subject to a civil penalty.

A penalty may be imposed on the basis of each day of continuing violation, but the penalty for any offense may not exceed $5,000.

It is the legislative Pageintent 92that of108minor CODING:violations be distinguished from those which endanger the health, safety, or welfare of the condominium residents or other persons and that such guidelines provide reasonable and meaningful notice to the public of likely penalties that may be imposed for proscribed conduct.

This subsection does not limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, agreed settlement, or consent order.

All amounts collected shall be deposited with the Chief Financial Officer to the credit of the Division of Florida Condominiums, Timeshares, Page 92 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 intent that minor violations be distinguished from those which endanger the health, safety, or welfare of the condominium residents or other persons and thatMobile suchHomes guidelinesTrust provideFund. reasonable and meaningful notice to the public of likely penalties that may be imposed for proscribed conduct.

This subsection does not limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, agreed settlement, or consent order.

All amounts collected shall be deposited with the Chief Financial Officer to the credit of the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.

If a unit owner presents the division with proof that Pagethe 93unit of108owner CODING:has requested access to official records in writing by certified mail, and that after 10 days the unit owner again made the same request for access to official records in writing by certified mail, and that more than 10 days has elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter, the division shall issue a subpoena requiring production of the requested records at the location in which where the records are kept pursuant to s.

718.112.

Upon receipt of the records, the division must provide to the unit Page 93 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 the unit owner haswho requestedwas accessdenied to official records in writing by certified mail, and that after 10 days the unit owner again made the same request for access to officialsuch records in writing by certified mail, and that more than 10 days has elapsed since the secondproduced request and the association has still failed or refused to provide access to official records aswithout requiredcharge. by this chapter, the division shall issue a subpoena requiring production of the requested records at the location in which where the records are kept pursuant to s.

718.112.

Upon receipt of the records, the division must provide to the unit owner who was denied access to such records the produced official records without charge.

(f) The division may adopt rules to administer and enforce Pagethis 94chapter. of108 CODING:

(g) The division shall establish procedures for providing notice to an association and the developer, bulk assignee, or bulk buyer during the period in which the developer, bulk assignee, or bulk buyer controls the association if the division is considering the issuance of a declaratory statement with respect to the declaration of condominium or any related document governing such condominium community.

(h) The division shall furnish each association that pays the fees required by paragraph (2)(a) a copy of this chapter, as Page 94 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 thisamended, chapter.and the rules adopted thereto on an annual basis.

(g) The division shall establish procedures for providing notice to an association and the developer, bulk assignee, or bulk buyer during the period in which the developer, bulk assignee, or bulk buyer controls the association if the division is considering the issuance of a declaratory statement with respect to the declaration of condominium or any related document governing such condominium community.

(h) The division shall furnish each association that pays the fees required by paragraph (2)(a) a copy of this chapter, as amended, and the rules adopted thereto on an annual basis.

The division shall provide to Pagedirectors 95of of108the CODING:board of administration at no charge the educational curriculum required under s.

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hb1021-02-c2 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 CS/CS/HB1021 2024 directors of the board of administration at no charge the educational curriculum required under s.

The division shall provide, upon request, a list of suchPage mediators95 toof107 anyCODING: association, unit owner, or other participant in alternative dispute resolution proceedings under s.

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hb1021-01-c1 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 CS/HB1021 2024 such mediators to any association, unit owner, or other participant in alternative dispute resolution proceedings under s.

(m) If a complaint is made, the division must conduct its Pageinquiry 96with of108due CODING:regard for the interests of the affected parties.

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hb1021-02-c2 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 CS/CS/HB1021 2024 inquiry with due regard for the interests of the affected parties.

However, the failure to complete the investigation within 90 days does not preventPage the96 divisionof107 fromCODING: continuing the investigation, accepting or considering evidence obtained or received after 90 days, or taking administrative action if reasonable cause exists to believe that a violation of this chapter or a rule has occurred.

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hb1021-01-c1 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 CS/HB1021 2024 prevent the division from continuing the investigation, accepting or considering evidence obtained or received after 90 days, or taking administrative action if reasonable cause exists to believe that a violation of this chapter or a rule has occurred.

and community association Pagemanagement 97firms of108have CODING:an ongoing duty to reasonably cooperate with the division in any investigation under this section.

The division shall refer to local law enforcement authorities any person whom the division believes has altered, destroyed, concealed, or removed any record, document, or thing required to be kept or maintained by this chapter with the purpose to impair its verity or availability in the department's investigation.

The division shall refer to local law enforcement authorities any person whom the division believes has engaged in fraud, theft, embezzlement, or other criminal activity or when the Page 97 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 managementdivision firmshas havecause an ongoing duty to reasonablybelieve cooperatethat withfraud, thetheft, divisionembezzlement, inor anyother investigationcriminal underactivity thishas section.occurred.

The division shall refer to local law enforcement authorities any person whom the division believes has altered, destroyed, concealed, or removed any record, document, or thing required to be kept or maintained by this chapter with the purpose to impair its verity or availability in the department's investigation.

The division shall refer to local law enforcement authorities any person whom the division believes has engaged in fraud, theft, embezzlement, or other criminal activity or when the division has cause to believe that fraud, theft, embezzlement, or other criminal activity has occurred.

(q)(p) The division shall cooperate with similar agencies Pagein 98other of108jurisdictions CODING:to establish uniform filing procedures and forms, public offering statements, advertising standards, and rules and common administrative practices.

(r)(q) The division shall consider notice to a developer, bulk assignee, or bulk buyer to be complete when it is delivered to the address of the developer, bulk assignee, or bulk buyer currently on file with the division.

(s)(r) In addition to its enforcement authority, the division may issue a notice to show cause, which must provide for a hearing, upon written request, in accordance with chapter Page 98 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 in120. other jurisdictions to establish uniform filing procedures and forms, public offering statements, advertising standards, and rules and common administrative practices.

(r)(q) The division shall consider notice to a developer, bulk assignee, or bulk buyer to be complete when it is delivered to the address of the developer, bulk assignee, or bulk buyer currently on file with the division.

(s)(r) In addition to its enforcement authority, the division may issue a notice to show cause, which must provide for a hearing, upon written request, in accordance with chapter 120.

(u)(s) The division shall 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 that includes, but need not be limited to, 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 and the number and percent of investigations acted upon within 90 days in accordance with paragraph (m), and the number of investigations Pageexceeding 99the of10890-day CODING:requirement.

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hb1021-02-c2 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 CS/CS/HB1021 2024 exceeding the 90-day requirement.

The annual fee shall be filed together with the annual certification described in paragraph (c).Page 99 of107 CODING:

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hb1021-01-c1 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 CS/HB1021 2024 (c).

Page718.5011 100Ombudsman; of108 CODING:

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hb1021-02-c2 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 CS/CS/HB1021 2024 718.5011 Ombudsman;

An officer or full-time employee of the ombudsman's office may not actively engage in any other business or profession that directly or indirectly relates to or conflicts with his or her work in the ombudsman's office;Page 100 of107 CODING:

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hb1021-01-c1 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 CS/HB1021 2024 office;

Page(k) 101Structural of108integrity CODING:reserve study.— 1.

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hb1021-02-c2 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 CS/CS/HB1021 2024 (k) Structural integrity reserve study.— 1.

Structure, including load-bearing walls and other primaryPage structural101 membersof107 andCODING: primary structural systems as those terms are defined in s.

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hb1021-01-c1 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 CS/HB1021 2024 primary structural members and primary structural systems as those terms are defined in s.

A structural integrity reserve study may be performed by any person qualified Pageto 102perform of108such CODING:study.

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hb1021-02-c2 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 CS/CS/HB1021 2024 to perform such study.

At a minimum, a structural integrity reserve study must identify each item of the cooperative property being visually inspected, state the estimated remaining useful life and the estimatedPage replacement102 costof107 orCODING: deferred maintenance expense of each item of the cooperative 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 cooperative property being visually inspected by the end of the estimated remaining useful life of the item.

The structural integrity reserve study may recommend that reserves do not need to be maintained for any item for which an estimate of useful life and an estimate of replacement cost cannot be determined, or the study may recommend a deferred maintenance expense amount for such item.

The structural integrity reserve study may recommend that reserves for replacement costs do not need to be maintained for any item with an estimated remaining useful life of greater than 25 years, but the study may recommend a deferred Page 103 of108 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 estimated replacement cost or deferred maintenance expense of each item of the cooperative property being visually inspected, and provide a reserve funding schedule with a recommended annual reserve amount forthat suchachieves the estimated replacement cost or deferred maintenance expense of each item of cooperative property being visually inspected by the end of the estimated remaining useful life of the item.

The structural integrity reserve study may recommend that reserves do not need to be maintained for any item for which an estimate of useful life and an estimate of replacement cost cannot be determined, or the study may recommend a deferred maintenance expense amount for such item.

The structural integrity reserve study may recommend that reserves for replacement costs do not need to be maintained for any item with an estimated remaining useful life of greater than 25 years, but the study may recommend a deferred maintenance expense amount for such item.

Before a developer turns over control of an association to unit owners other than the developer, the developer must have aPage turnover103 inspectionof107 reportCODING: in compliance with s.

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hb1021-01-c1 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 CS/HB1021 2024 a turnover inspection report in compliance with s.

553.899, or an inspection completed for a similar local requirement, was Pageperformed 104within of108the CODING:past 5 years and meets the requirements of this paragraph, such inspection may be used in place of the visual inspection portion of the structural integrity reserve study.

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hb1021-02-c2 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 CS/CS/HB1021 2024 performed within the past 5 years and meets the requirements of this paragraph, such inspection may be used in place of the visual inspection portion of the structural integrity reserve study.

Within 45 days after receiving the structural integrity reservePage study,104 theof107 associationCODING: must distribute a copy of the study 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.

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hb1021-01-c1 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 CS/HB1021 2024 reserve study, the association must distribute a copy of the study 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.

719.301 Transfer of association control.— Page(4) 105When of108unit CODING:owners other than the developer elect a majority of the members of the board of administration of an association, the developer shall relinquish control of the association, and the unit owners shall accept control.

Simultaneously, or for the purpose of paragraph (c) not more than 90 days thereafter, the developer shall deliver to the association, at the developer's expense, all property of the unit owners and of the association held or controlled by the developer, including, but not limited to, the following items, if applicable, as to each cooperative operated by the Page 105 of107 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021CS/HB1021 2024 (4)association: When unit owners other than the developer elect a majority of the members of the board of administration of an association, the developer shall relinquish control of the association, and the unit owners shall accept control.

Simultaneously, or for the purpose of paragraph (c) not more than 90 days thereafter, the developer shall deliver to the association, at the developer's expense, all property of the unit owners and of the association held or controlled by the developer, including, but not limited to, the following items, if applicable, as to each cooperative operated by the association:

Page3. 106 of108 CODING:

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hb1021-02-c2 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 CS/CS/HB1021 2024 3.

718.111(12)(g), Florida Statutes, and make recommendations regardingPage any106 additionalof107 officialCODING: records of a condominium association that should be included in the record maintenance requirement in the statute.

Words strickenare deletions;

words underlined are additions.

hb1021-01-c1 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 CS/HB1021 2024 regarding any additional official records of a condominium association that should be included in the record maintenance requirement in the statute.

ForExcept theas 2024-2025otherwise fiscalexpressly year,provided the sums of $6,122,390 in recurringthis andact, $1,293,879this inact nonrecurringshall fundstake fromeffect theJuly General1, Revenue2024. Fund are appropriated to the Department of Business and Professional Regulation, and 65 full-time equivalent positions with associated salary rate of 3,180,319 are authorized, for the purpose of implementing this act.

SectionPage 22.107 of107 CODING:

Except as otherwise expressly provided in this Page 107 of108 CODING:

hb1021-02-c2hb1021-01-c1 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 CS/CS/HB1021 2024 act, this act shall take effect July 1, 2024.

Page 108 of108 CODING:

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hb1021-02-c2