HB 913 — Condominium and Cooperative Associations

prohibiting anyPage prior2 suspension of voting104 rightsCODING: from having any effect;

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 any prior suspension of voting rights from having any effect;

requiring that a rescission or revocation of a unit owner's recall agreement be in writing and delivered to the association before an Pageassociation 4is ofserved 126with CODING:the written recall agreement;

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 association is served with the written recall agreement;

providing that a director or an officer is delinquent ifPage payment3 is not made by a specified due date identified in the declarations, bylaws, or articles of incorporation;104 CODING:

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 if payment is not made by a specified due date identified in the declarations, bylaws, or articles of incorporation;

authorizing termination of a condominium if the estimated costs of Pagereplacement, 5in addition to certain construction or repair costs, exceed the estimated fair market value of 126the CODING:units;

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 replacement, in addition to certain construction or repair costs, exceed the estimated fair market value of the units;

providing that certain provisions relatingPage to4 a plan of termination104 applyCODING: to residential condominiums only;

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 relating to a plan of termination apply to residential condominiums only;

providing requirements for filing a notice of removal and Pagecomplaint 6and ofbringing 126an CODING:action to challenge the arbitration decision;

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 complaint and bringing an action to challenge the arbitration decision;

requiring a board toPage receive5 aof petition104 toCODING: adopt a resolution within a certain timeframe;

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 to receive a petition to adopt a resolution within a certain timeframe;

requiring that a Pagespecified 7report be provided to an association within a certain amount of 126time CODING:after the end of the fiscal year;

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 specified report be provided to an association within a certain amount of time after the end of the fiscal year;

authorizing the division to impose penalties under certain circumstances;

718.501, F.S.;

authorizing the division to review records and investigate certain complaints;

requiring each association to create and maintain an online account with the division with specified information;

requiring the division to adopt rules;

requiring associations to provide specified information in electronic format to the division by a specified date;

requiring such information be updated within a specified timeframe;

removing requirements for certain information to be provided to the division;

amending s.

revisingrequiring specifieda notices;developer or unit owner to provide one notice, instead of two, to a buyer before the sale of Page 6 of 104 CODING:

requiring a developer or unit owner to provide one notice, instead of two, to a buyer before the sale of a unit;

requiring a unit owner to provide the most recent annual financial statement and annual budget to a buyer before the sale of a unit;

amending ch.

2024-244, Laws of Florida;

providing that Page 8 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 certain amendments that were made to the Condominium Act do not revive, reinstate, or retroactively apply to a rightunit; or interest of a condominium unit owner or condominium association in a matter pending adjudication before a specified date;

amendingrequiring s.a unit owner to provide the most recent annual financial statement and annual budget to a buyer before the sale of a unit;

914.21,amending F.S.;ch.

revising2024- the244, definitionLaws of theFlorida; term "official investigation";

providing that certain amendments that were made to the Condominium Act do not revive, reinstate, or retroactively apply to a right or interest of a condominium unit owner or condominium association in a matter pending adjudication before a specified date;

SectionParagraph 163.212,(a) of subsection (6) of section 627.351, Florida Statutes, is createdamended to read:

163.212627.351 StructuralInsurance buildingrisk safety.—apportionment (1)plans.— DEFINITIONS.—As(6) usedCITIZENS inPROPERTY INSURANCE CORPORATION.— (a) The public purpose of this section,subsection theis term:to ensure that there is an orderly market for property insurance for residents and businesses of this state.

(a)1. "Division" means the Florida Division of Condominiums, Timeshares, and Mobile Homes.

(b)The "LocalLegislature government"finds meansthat aprivate countyinsurers are unwilling or municipalityunable ofto provide affordable property insurance coverage in this state.state to the extent sought and needed.

(c)The "Milestoneabsence inspection"of meansaffordable aproperty structuralinsurance inspectionthreatens ofthe condominiumpublic propertyhealth, assafety, requiredand underwelfare s.and likewise threatens the economic Page 7 of 104 CODING:

553.899, including an inspection of load-bearing elements and the primary structural members and primary structural systems, as those terms are defined in s.

627.706(2).

(d) "Structural integrity reserve study" means a study of a condominium association's reserve funds required for future Page 9 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 majorhealth repairs and replacement of condominiumthe propertystate. as required under s.

718.112(2)(g).The state therefore has a compelling public interest and a public purpose to assist in assuring that property in the state is insured and that it is insured at affordable rates so as to facilitate the remediation, reconstruction, and replacement of damaged or destroyed property in order to reduce or avoid the negative effects otherwise resulting to the public health, safety, and welfare, to the economy of the state, and to the revenues of the state and local governments which are needed to provide for the public welfare.

(2)It CONFIRMATION OF STATUTORY REQUIREMENTS.—On or before October 1, 2025, each local government that has authorized and permitted the construction of a building that is threenecessary, habitabletherefore, stories or more in height and subject to theprovide condominiumaffordable form of ownership as a residential condominium under chapter 718 must confirm with each condominium association that the structural integrity reserve study and milestone inspection have been completed for each building on the condominium property subjectinsurance to suchapplicants requirementwho andare thatin thegood studyfaith andentitled inspectionto reportprocure hasinsurance beenthrough filed with the division,voluntary ormarket thatbut theare condominiumunable association has failed to completedo andso. file the requisite structural integrity reserve study or milestone inspection report.

(3)The REPORTINGLegislature REQUIREMENTS.—Onintends, ortherefore, beforethat Decemberaffordable 31,property 2025,insurance eachbe localprovided governmentand shallthat reportit continue to thebe divisionprovided, itsas findingslong onas whethernecessary, eachthrough condominiumCitizens associationProperty withinInsurance theCorporation, locala government'sgovernment jurisdictionentity hasthat completedis oran hasintegral failedpart toof complete the structuralstate, integrityand reservethat studyis ornot milestonea inspection.private insurance company.

SectionTo 2.that end, the corporation shall strive to increase the availability of affordable property insurance in this state, while achieving efficiencies and economies, and while providing service to policyholders, applicants, and agents which is no less than the quality generally provided in the voluntary market, for the achievement of the foregoing public purposes.

SubsectionsBecause (12)it andis (13)essential offor sectionthis 553.899,government Floridaentity Statutes,to arehave renumberedthe asmaximum subsectionsfinancial (14)resources and (15), respectively, subsection (11) of that section is amended, and new subsections (12) and (13) are added to thatpay section,claims tofollowing a Page 108 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 read:catastrophic hurricane, it is the intent of the Legislature that the corporation continue to be an integral part of the state and that the income of the corporation be exempt from federal income taxation and that interest on the debt obligations issued by the corporation be exempt from federal income taxation.

553.8992. Mandatory structural inspections for condominium and cooperative buildings.— (11)(a) A board of county commissioners or municipal governing body may adopt an ordinance requiring that a condominium or cooperative association and any other owner that is subject to this section schedule or commence repairs for substantial structural deterioration within a specified timeframe after the local enforcement agency receives a phase two inspection report;

however,The suchResidential repairsProperty mustand beCasualty commencedJoint withinUnderwriting 365Association daysoriginally aftercreated receivingby suchthis report.statute shall be known as the Citizens Property Insurance Corporation.

IfThe ancorporation ownershall ofprovide theinsurance buildingfor failsresidential toand submitcommercial proofproperty, to the local enforcement agency that repairs have been scheduled or have commenced for substantialapplicants structuralwho deteriorationare identifiedentitled, but, in agood phasefaith, twoare inspectionunable reportto withinprocure theinsurance requiredthrough timeframe, the localvoluntary enforcementmarket. agency must review and determine if the building is unsafe for human occupancy.

(b)The Acorporation board of county commissioners or municipal governing body shall adoptoperate anpursuant ordinanceto requiring that a condominiumplan associationof scheduleoperation orapproved commenceby repairsorder forof substantial structural deterioration within a specified timeframe after the localFinancial enforcementServices agencyCommission. receives a phase two inspection report;

however,The suchplan repairsis mustsubject beto commencedcontinuous withinreview 365by daysthe aftercommission. receiving such report.

IfThe ancommission ownermay, by order, withdraw approval of theall buildingor failspart toof submita proofplan toif the localcommission enforcementdetermines agency that repairsconditions have Pagechanged 11since approval was granted and that the purposes of 126the CODING:plan require changes in the plan.

For the purposes of this subsection, residential coverage includes both personal lines residential coverage, which consists of the type of coverage provided by homeowner, mobile home owner, dwelling, tenant, condominium unit owner, and similar policies;

and commercial lines residential coverage, which consists of the type of coverage provided by condominium association, apartment building, and similar policies.

Page 9 of 104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 been3. scheduled or have commenced for substantial structural deterioration identified in a phase two inspection report within the required timeframe, the local enforcement agency must review and determine if the building is unsafe for human occupancy.

(12)With Onrespect orto beforecoverage October 1, 2025, and on or before December 31 each year thereafter, the local enforcement agency responsible for milestonepersonal inspectionslines conductedresidential onstructures: buildings three stories or more in height which are subject to the condominium form of ownership under chapter 718 must provide all of the following information to the Department of Business and Professional Regulation, in an electronic format determined by the department:

(a)a. The number of buildings required to have a milestone inspection within the local enforcement agency's jurisdiction.

(b)Effective TheJanuary number1, 2017, a structure that has a dwelling replacement cost of buildings$700,000 foror whichmore, or a phasesingle onecondominium milestoneunit inspectionthat has beena completed.combined dwelling and contents replacement cost of $700,000 or more, is not eligible for coverage by the corporation.

(c)b. The number of buildings granted an extension under paragraph (3)(c).

(d) The numberrequirements of buildingssub-subparagraph requireda. to have a phase two milestone inspection.

(e)do Thenot numberapply ofin buildingscounties forwhere whichthe aoffice phasedetermines twothere milestoneis inspectionnot hasa beenreasonable completed.degree of competition.

(f)In Thesuch number,counties type,a andpersonal valuelines residential structure that has a dwelling replacement cost of permitsless appliedthan for$1 tomillion, completeor repairsa basedsingle oncondominium unit that has a phasecombined twodwelling milestoneand inspection.contents replacement cost of less than $1 million, is eligible for coverage by the corporation.

(g)4. A list of buildings deemed to be unsafe or Page 12 of 126 CODING:

It is the intent of the Legislature that policyholders, applicants, and agents of the corporation receive service and treatment of the highest possible level but never less than that generally provided in the voluntary market.

It is also intended that the corporation be held to service standards no less than those applied to insurers in the voluntary market by the office with respect to responsiveness, timeliness, customer courtesy, and overall dealings with policyholders, applicants, or agents of the corporation.

5.a.

Effective January 1, 2009, a personal lines residential structure that is located in the "wind-borne debris Page 10 of 104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 uninhabitableregion," basedas ondefined ain milestones. inspection.

(h)1609.2, TheInternational licenseBuilding numberCode of(2006), and that has an insured value on the buildingstructure codeof administrator$750,000 responsibleor formore milestoneis inspectionsnot eligible for coverage by the localcorporation enforcementunless agency.the structure has opening protections as required under the Florida Building Code for a newly constructed residential structure in that area.

(13)A Theresidential Departmentstructure ofis Businessdeemed andto Professionalcomply Regulationwith shallthis providesub-subparagraph toif theit Officehas ofshutters Programor Policyopening Analysisprotections andon Government Accountability (OPPAGA) all informationopenings obtainedand fromif thesuch localopening enforcementprotections agenciescomplied underwith subsection (12) by the dateFlorida specified,Building andCode inat athe mannertime prescribedthey bywere OPPAGA.installed.

OPPAGAb. may request from a local enforcement agency any additional information necessary to complete the report.

SectionAny 3.major structure, as defined in s.

Subsection161.54(6)(a), (1)that is newly constructed, or rebuilt, repaired, restored, or remodeled to increase the total square footage of sectionfinished 718.103,area Floridaby Statutes,more than 25 percent, pursuant to a permit applied for after July 1, 2015, is amendednot eligible for coverage by the corporation if the structure is seaward of the coastal construction control line established pursuant to read:s.

718.103161.053 Definitions.—Asor usedis inwithin thisthe chapter,Coastal theBarrier term:Resources System as designated by 16 U.S.C.

(1)ss. "Alternative funding method" means a method approved by the division for funding the capital expenditures and deferred maintenance obligations for a multicondominium association operating at least 25 condominiums which may reasonably be expected to fully satisfy the association's reserve funding obligations by the allocation of funds in the annual operating budget.

Section3501- 4.3510.

Subsections6. (4) and (10) of section 718.110, Florida Statutes, are amended to read:

718.110With Amendmentrespect to wind-only coverage for commercial lines residential condominiums, effective July 1, 2014, a condominium shall be deemed ineligible for coverage if 50 percent or more of declaration;the units are rented more than eight times in a calendar year for a rental agreement period of less than 30 days.

correction7. of error or omission in declaration by circuit court.— Page 13 of 126 CODING:

The corporation may not issue or renew an insurance Page 11 of 104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 (4)(a)policy Subjectfor toa paragraphcondominium (b), unless otherwise provided in the declaration as originally recorded, an no amendment may not change the configuration or size of any unit inowner any material fashion, materially alter or modifya the appurtenances to the unit, or change the proportion or percentage by which the unit owner shares the common expenses of the condominium andassociation ownsunless the common surplus of the condominium unlessassociation thehas recordcomplied ownerwith of the unitinspection andrequirements all record owners of liens on the unit join in thess. execution of the amendment and unless all the record owners of all other units in the same condominium approve the amendment.

553.899 and 718.112(2)(g).

Section 2.

Subsections (4) and (10) of section 718.110, Florida Statutes, are amended to read:

718.110 Amendment of declaration;

correction of error or omission in declaration by circuit court.— (4)(a) Subject to paragraph (b), unless otherwise provided in the declaration as originally recorded, an no amendment may not 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.

Except as provided in paragraph (b), aPage declaration12 recorded after April 1, 1992, may not require the approval of less104 thanCODING: a majority of total voting interests of the condominium for amendments under this subsection, unless otherwise required by a governmental entity.

(b) Notwithstanding subsection (14), the declaration of a nonresidential condominium formed on or after July 1, 2025, may be amended to change the configuration or size of a unit in any Page 14 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 materiala fashion,declaration materiallyrecorded alterafter orApril modify1, the1992, appurtenancesmay tonot therequire unit, or change the proportionapproval orof percentageless bythan whicha themajority unitof ownertotal sharesvoting theinterests common expenses of the condominium andfor ownsamendments theunder commonthis surplussubsection, ofunless theotherwise condominium,required ifby thea recordgovernmental ownersentity. of all affected units and all record owners of liens on the affected units join in the execution of the amendment.

(b) Notwithstanding subsection (14), the declaration of a nonresidential condominium formed on or after July 1, 2025, may be amended to change the configuration or size of a 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, if the record owners of all affected units and all record owners of liens on the affected units join in the execution of the amendment.

All unit owners, the association, and the mortgagees of a first mortgagePage 13 of record104 mustCODING: be joined as parties to the action.

Service of process on unit owners may be by publication, but the plaintiff must furnish every unit owner not personally served with process with a copy of the petition and final decree of the court by certified mail, return receipt requested, at the unit owner's last known residence address as reflected in the association's official records.

If an action to determine Page 15 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 whethermortgage the declaration or another condominium document complies with the mandatory requirements for the formation of arecord condominiummust isbe notjoined broughtas withinparties 3to years of the recordingaction. of the certificate of a surveyor and mapper pursuant to s.

Service of process on unit owners may be by publication, but the plaintiff must furnish every unit owner not personally served with process with a copy of the petition and final decree of the court by certified mail, return receipt requested, at the unit owner's last known residence address as reflected in the association's official records.

If an action to determine whether the declaration or another condominium document complies with the mandatory requirements for the formation of a condominium is not brought within 3 years of the recording of the certificate of a surveyor and mapper pursuant to s.

Section 5.3.

Paragraph (a) of subsection (11), paragraphs (a) and (c) of subsection (12), and subsection (13) of section 718.111,Page Florida14 Statutes,of are104 amended,CODING: and subsection (16) is added to that section, to read:

718.111 The association.— (11) INSURANCE.—In order to protect the safety, health, and welfare of the people of the State of Florida and to ensure consistency in the provision of insurance coverage to condominiums and their unit owners, this subsection applies to Page 16 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 every718.111, residentialFlorida condominiumStatutes, inare theamended, state,and regardlesssubsection of(16) theis dateadded ofto itsthat declarationsection, ofto condominium.read:

718.111 The association.— (11) INSURANCE.—In order to protect the safety, health, and welfare of the people of the State of Florida and to ensure consistency in the provision of insurance coverage to condominiums and their unit owners, this subsection applies to every residential condominium in the state, regardless of the date of its declaration of condominium.

The amount of adequate insurance coverage for full insurable value, replacement cost, or similar coverage may be basedPage on15 the replacement cost of the104 propertyCODING: to be insured as determined by an independent insurance appraisal or update of a previous appraisal.

The replacement cost of property covered must be determined every 3 years, at a minimum.

3.2.

The association's obligation to obtain and association may also provide adequate property insurance coverage for a group of at least three communities created and Page 17 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 operatingbased underon thisthe chapter,replacement chaptercost 719,of chapterthe 720,property orto chapterbe 721insured mayas bedetermined satisfied by obtainingan andindependent maintaining for such communities insurance coverageappraisal sufficientor toupdate coverof an amount equal to the probable maximum loss for the communities for a 250-yearprevious windstormappraisal. event.

The replacement cost of property covered must be determined every 3 years, at a minimum.

3.2.

The association's obligation to obtain and association may also provide adequate property insurance coverage for a group of at least three communities created and operating under this chapter, chapter 719, chapter 720, or chapter 721 may be satisfied by obtaining and maintaining for such communities insurance coverage sufficient to cover an amount equal to the probable maximum loss for the communities for a 250-year windstorm event.

627.062, a determination that the loss model approved by the commission was accurately and appropriately applied to the insured structures to determine the 250-year probable maximum loss, and a determination that complete and accurate disclosure of all material provisions is providedPage to16 condominium unit owners before execution of the104 agreementCODING: by a condominium association.

4.3.

When determining the adequate amount of property insurance coverage, the association may consider deductibles as determined by this subsection.

(12) OFFICIAL RECORDS.— (a) From the inception of the association, the association Page 18 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 shallprovided maintainto eachcondominium ofunit theowners followingbefore items,execution ifof applicable, which constitutes the officialagreement recordsby ofa thecondominium association:association.

4.3.

When determining the adequate amount of property insurance coverage, the association may consider deductibles as determined by this subsection.

(12) OFFICIAL RECORDS.— (a) From the inception of the association, the association shall maintain each of the following items, if applicable, which constitutes the official records of the association:

A current roster of all unit owners and their mailing addresses, unit identifications, voting certifications, and, if known,Page telephone17 numbers.of 104 CODING:

The association shall also maintain the e-mail addresses and facsimile numbers of unit owners consenting to receive notice by electronic transmission.

In accordance with sub-subparagraph (c)4.e.

(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, or if the unit owner has expressly indicated that Page 19 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 suchknown, personaltelephone informationnumbers. can be shared with other unit owners and the unit owner has not provided the association with a request to opt out of such dissemination with other unit owners.

The association shall also maintain the e-mail addresses and facsimile numbers of unit owners consenting to receive notice by electronic transmission.

In accordance with sub-subparagraph (c)4.e.

(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, or if the unit owner has expressly indicated that such personal information can be shared with other unit owners and the unit owner has not provided the association with a request to opt out of such dissemination with other unit owners.

A current copy of any management agreement, lease, or other contract to which the association is a party or under whichPage the18 associationof or104 theCODING: unit owners have an obligation or responsibility.

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 which the association or the unit owners have an obligation or responsibility.

Any person who knowingly or intentionally defaces or Pagedestroys 20such records, or who knowingly or intentionally fails to create or maintain such records, with the intent of 126causing CODING:harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s.

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 destroys such records, or who knowingly or intentionally fails to create or maintain such records, with the intent of causing harm to the association or one or more of its members, is personally subject to a civil penalty pursuant to s.

Structural integrity reserve studies mustPage be19 maintainedof for104 atCODING: least 15 years after the study is completed.

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 must be maintained for at least 15 years after the study is completed.

Ballots, sign-in sheets, voting proxies, and all other Pagepapers 21and electronic records relating to voting by unit owners, which must be maintained for 1 year from the date of 126the CODING:election, vote, or meeting to which the document relates, notwithstanding paragraph (b).

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 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, notwithstanding paragraph (b).

A copy of all satisfactorily completed board member educationalPage certificates.20 of 104 CODING:

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 educational certificates.

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 22at ofall 126reasonable CODING:times.

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 member at all reasonable times.

Minimum damages are $50 per calendar day for up to 10 days, beginning on thePage 11th21 working day after receipt of the104 writtenCODING: request.

The failure to permit inspection entitles any person prevailing in an enforcement action to recover reasonable attorney fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records.

If the requested records are posted on an association's website, or are available for download through an application on a mobile Page 23 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 device, the association11th mayworking fulfillday itsafter obligationsreceipt underof this paragraph by directing to the websitewritten orrequest. the application all persons authorized to request access.

The failure to permit inspection entitles any person prevailing in an enforcement action to recover reasonable attorney fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records.

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 paragraph by directing to the website or the application all persons authorized to request access.

775.083, and must be removed from office and a vacancyPage declared.22 of 104 CODING:

For purposes of this subparagraph, the term "repeatedly" means two or more violations within a 12-month period.

3.

Any person who willfully and 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 willfully and Page 24 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 knowinglyvacancy ordeclared. 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, commits a misdemeanor of the first degree, punishable as provided in s.

For purposes of this subparagraph, the term "repeatedly" means two or more violations within a 12-month period.

3.

Any person who willfully and 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 willfully and 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, commits a misdemeanor of the first degree, punishable as provided in s.

The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, andPage rules,23 and all amendments to each of the104 foregoing,CODING: as well as the question and answer sheet as described in s.

718.504 and the most recent annual financial statement and annual budget year-end financial information required under this section, on the condominium property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those Page 25 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 requestingand rules, and all amendments to each of the documents.foregoing, as well as the question and answer sheet as described in s.

718.504 and the most recent annual financial statement and annual budget year-end financial information required under this section, on the condominium property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the documents.

90.502 and any record protected by the work- product privilege, including a record prepared by an association attorney or prepared at the attorney's express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipationPage of24 such litigation or proceedings until the conclusion of the104 litigationCODING: or proceedings.

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.

Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, Pagehealth, 26and ofinsurance 126records. CODING:

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 health, and insurance records.

However,Page an25 ownerof may104 excludeCODING: his or her telephone numbers from the directory by so requesting in writing to the association.

An owner may consent in writing to the disclosure of other contact information described in this sub-subparagraph.

The association is not liable for the inadvertent disclosure of information that is protected under this sub-subparagraph if the information is included in an official record of the association and is Page 27 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 voluntarilyHowever, provided by an owner andmay notexclude requestedhis or her telephone numbers from the directory by so requesting in writing to the association.

An owner may consent in writing to the disclosure of other contact information described in this sub-subparagraph.

The association is not liable for the inadvertent disclosure of information that is protected under this sub-subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association.

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 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, a copy of the most recent financial report, and 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 Page 2826 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 association shall deliver 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, a copy of the most recent financial report, and 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.

The financial statements must be based upon the association's total annualPage revenues,27 asof follows:104 CODING:

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words underlined are additions.

hb913-01-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/HB 913 2025 annual revenues, as follows:

Page3. 29 of 126 CODING:

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words underlined are additions.

hb913-02-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/HB 913 2025 3.

(c) An association may prepare, without a meeting of or approvalPage by28 theof unit104 owners:CODING:

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words underlined are additions.

hb913-01-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/HB 913 2025 approval by the unit owners:

or Page3. 30 of 126 CODING:

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words underlined are additions.

hb913-02-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/HB 913 2025 3.

IfPage the29 developer has not turned over control of the104 association,CODING: 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 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.

718.104(4)(e) or an instrument that transfers Page 31 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 titleIf tothe adeveloper has not turned over control of the association, all unit inowners, including the condominiumdeveloper, whichmay isvote noton accompaniedissues byrelated ato recordedthe assignmentpreparation of developerthe rightsassociation's infinancial favorreports, from the date of incorporation of the granteeassociation through the end of suchthe unitsecond fiscal year after the fiscal year in which the certificate of a surveyor and mapper is recorded,recorded whicheverpursuant occursto first.s.

718.104(4)(e) or an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit is recorded, whichever occurs first.

If the division determines that the association failed to mail or hand deliver a copy of the most recent financial report to the unit owner, the division shall provide written notice to the association that the association must mail or hand deliver a copy of the most recent financial report to the unit owner and the division withinPage 530 businessof days104 afterCODING: it receives such notice from the division.

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 which the unit owner's request was made and the following fiscal year.

A financial report received by the division pursuant to this paragraph shall be maintained, and the division shall Page 32 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 providewithin a5 copybusiness ofdays suchafter reportit toreceives ansuch associationnotice memberfrom uponthe hisdivision. or her request.

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 which the unit owner's request was made and the following fiscal year.

A financial report received by the division pursuant to this paragraph shall be maintained, and the division shall provide a copy of such report to an association member upon his or her request.

c.Page 31 of 104 CODING:

It is contrary to the public policy of this state to limit the ability of an association to obtain the funds needed to perform necessary maintenance, repair, or replacement of the condominium property as required by the milestone inspection report and structural integrity reserve study report in order to protect the health and safety of the unit owners and tenants of the property.

Page 33 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 d.c.

It is contrary to the public policy of this state to limit the ability of an association to obtain the funds needed to perform necessary maintenance, repair, or replacement of the condominium property as required by the milestone inspection report and structural integrity reserve study report in order to protect the health and safety of the unit owners and tenants of the property.

d.

and that there is a compelling state interest in enablingPage the32 board of administration104 ofCODING: an association to levy special assessments and obtain loans to perform necessary maintenance, repair, or replacement of the condominium property as required by the milestone inspection report and structural integrity reserve study report without the approval of the membership in order to protect the health and safety of the unit owners and tenants of the property.

Page 34 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 (b)enabling Notwithstanding any provision to the contrary contained in an association's declaration, articles of incorporation, or bylaws, the board of administration of an association mayto levy special assessments and obtain aloans loan to perform necessary maintenance, repair, or replacement of the condominium property as required by the milestone inspection report and structural integrity reserve study report without the approval of the membership in order to protect the health and safety of the unit owners and tenants of the property.

(b) Notwithstanding any provision to the contrary contained in an association's declaration, articles of incorporation, or bylaws, the board of administration of an association may levy special assessments and obtain a loan to perform necessary maintenance, repair, or replacement of the condominium property as required by the milestone inspection report and structural integrity reserve study report without the approval of the membership in order to protect the health and safety of the unit owners and tenants of the property.

Section 6.4.

718.111 The association.— (12) OFFICIAL RECORDS.— (g)1.Page 33 of 104 CODING:

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hb913-01-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/HB 913 2025 (g)1.

(I) An independent website, application, or web portal Pagewholly 35owned ofand 126operated CODING:by the association;

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words underlined are additions.

hb913-02-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/HB 913 2025 wholly owned and operated by the association;

2.Page 34 of 104 CODING:

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words underlined are additions.

hb913-01-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/HB 913 2025 2.

The recorded bylaws of the association and each Pageamendment 36to ofthe 126bylaws. CODING:

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 amendment to the bylaws.

The approvedadopted minutes of all meetings of the association, the board of administrationadministration, and the unit owners over the preceding 127 months.years.

In lieu of summaries, complete copies of thePage bids35 mayof be104 posted.CODING:

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 the bids may be posted.

Pagej.i. 37 of 126 CODING:

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words underlined are additions.

hb913-02-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/HB 913 2025 j.i.

The association must also post on its website or application any document to be considered and voted on by the owners during the meeting or any document listed on the agenda atPage least36 7of days104 beforeCODING: the meeting at which the document or the information within the document will be considered.

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 at least 7 days before the meeting at which the document or the information within the document will be considered.

553.899 and 718.301(4)(p) and any other inspection report relating to a Pagestructural 38or life safety inspection of 126condominium CODING:property.

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 structural or life safety inspection of condominium property.

p.p.o.

Copies of all assessments and special assessments for the previous 2 years and an itemized list indicating which assessments and special assessments are related to the milestone inspection report as provided under s.

553.899 and which assessments and special assessments are related to the association's most recent structural integrity reserve study, if applicable.

q.o.

Notwithstanding the foregoing, the association or its agent is not liable for disclosing information that is protected or restricted under this paragraph unless such disclosure was made with a knowing or intentional disregard of the protected or restrictedPage nature37 of such104 information.CODING:

Page 39 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 4.restricted nature of such information.

4.

Section 7.5.

Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matterPage via38 e-mail.of 104 CODING:

A unit owner may tape record or videotape the Page 40 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 meetings.matter via e-mail.

A unit owner may tape record or videotape the meetings.

Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted to the unit Page 4139 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting.

If broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entirePage content40 of the104 noticeCODING: and the agenda.

In addition to any Page 42 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 ofentire thecontent 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 agendaagenda. 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.

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 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 to take final action on behalf of the board or make recommendations to the board regarding the associationPage budget41 areof subject104 toCODING: this paragraph.

Meetings of a Page 43 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 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,paragraph. unless those meetings are exempted from this section by the bylaws of the association.

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, unless those meetings are exempted from this section by the bylaws of the association.

An election is not required if the number of vacanciesPage equals42 or exceeds the number of candidates.104 CODING:

For Page 44 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 purposesvacancies ofequals thisor paragraph,exceeds the termnumber "candidate" means an eligible person who has timely submitted the written notice, as described in sub-subparagraph 4.a., of hiscandidates. or her intention to become a candidate.

For purposes of this paragraph, the term "candidate" means an 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.

Unless the bylaws provide otherwise, any remaining vacancies shall be filled by the affirmative vote of the majority of the directors making up the newly constituted board even if the directors constitute less thanPage a43 quorumof or104 thereCODING: is only one director.

In a residential Page 45 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 condominium association of more than 10 units or in a residentialquorum condominium association that does not include timeshare units or timesharethere interests,is co-ownersonly of a unit may not serve as members of the board of directors at the same time unless they own more than one unitdirector. or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.

In a residential condominium association of more than 10 units or in a 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 Page 4644 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 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 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 Page 4745 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 owners, the board shall, by duly adopted rule, designate a specific location on the condominium property or association property at which 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 Page 4846 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 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 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 Page 4947 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter.

The association is not liable for the contents of thePage information48 sheetsof prepared104 byCODING: the candidates.

In order to Page 50 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 reduce costs, the association may print or duplicate the information sheets onprepared bothby sides of the paper.candidates.

In order to 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 documentsPage and49 policies to the best of his104 orCODING: her ability;

and Page 51 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 thatdocuments heand orpolicies sheto willthe faithfullybest dischargeof his or her fiduciaryability; responsibility to the association's members.

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

A director who is appointed by the developer may satisfy the educational certificate requirement in sub-sub-subparagraph (II) for any Page 5250 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 certificate requirement in sub-sub-subparagraph (II) 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.

Failure to have such written certification and educational certificate on file does not affect the validity of any board action.Page 51 of 104 CODING:

Page 53 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 c.action.

c.

Unit owners have the right to participate in meetings ofPage unit52 ownersof with104 referenceCODING: to all designated agenda items.

Page 54 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 However,of theunit associationowners maywith adoptreference reasonableto rulesall governingdesignated theagenda frequency,items. duration, and manner of unit owner participation.

However, the association may adopt reasonable rules governing the frequency, duration, and manner of unit owner participation.

This chapter does not limit the use of general or 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.Page 53 of 104 CODING:

Page 55 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 Notwithstandingassociation. subparagraph (b)2.

Notwithstanding subparagraph (b)2.

A multicondominium association must adopt a separate budget of common expenses for each condominium the association operates Page 5654 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 common expenses for each condominium the association operates and must adopt a separate budget of common expenses for the association.

These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $25,000 $10,000.

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 Page 5755 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 on the findings and recommendations of the association's most recent structural integrity reserve study.

If the total voting interests of the association vote to terminate the condominium in accordance with s.

718.117, the members may vote to waive the maintenance of reserves recommended by the association's most recent structural integrity reserve study.

The members of a unit-owner-unit-owner-controlled controlled association may determine, by a majority vote of the total voting interests of the association, to provide no reserves or less reserves than required by this subsection.

For a budget adopted on or after December 31, 2024, the members of a unit-owner-controlled association that must obtain a structural integrity reserve study may not determine to provide no reserves or less reserves than required by this subsection for items listed in paragraph (g), except that members of an association operating a multicondominium may determine to provide no Pagereserves 58or ofless 126reserves CODING:than required by this subsection if an alternative funding method has been approved by the division.

If the local building official, as defined in s.

468.603, determines that the Page 56 of 104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 reservesentire orcondominium lessbuilding reservesis thanuninhabitable requireddue byto thisa subsectionnatural ifemergency, anas alternativedefined fundingin methods. has been approved by the division.

If the local building official, as defined in s.

468.603, determines that the entire condominium building is uninhabitable due to a natural emergency, as defined in s.

TheFor an annual budget adopted on or before December 31, 2027, the members of a unit-owner-controlled association may approve, by a majority vote of the total voting interests of the association, the provision of a secured line of credit for up to Page 5957 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 approve,35 bypercent aof majoritythe voteamount of the totalreserves votingrequired intereststo ofmeet the association,reserve thefunding provisionschedule ofrecommended by a securedstructural lineintegrity ofreserve creditstudy with respect to meetitems thewith reservean fundingestimated scheduleremaining recommendeduseful bylife aof structuralgreater integritythan reserve10 study.years.

Before voting to secure a line of credit as authorized in this sub-subparagraph, the association must provide notice to each member of the association indicating that the association will charge the members an assessment in the future if the members decline to annually fund all reserves and instead secure a line of credit.

Such notice must provide the projected amount of such assessment in each future year.

The department shall adopt rules to implement this sub-subparagraph.

For a budget adopted on or after December 31, 2024, members of a unit-owner- controlled association that must obtain a structural integrity reserve study may not vote to use reserve funds, or any interest accruing thereon, for any other purpose other than the replacement or deferred maintenance costs of the components Pagelisted 60in ofparagraph 126(g). CODING:

Words stricken are deletions;

words underlined are additions.

hb913-02-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/HB 913 2025 listed in paragraph (g).

A vote of the members is not required to create the reserve account or accounts in accordance with the most recent structural integrity reserve study.

Proxy questions relating to waiving or reducingPage the58 funding of reserves104 orCODING: using existing reserve funds for purposes other than purposes for which the reserves were intended must contain the following statement in capitalized, bold letters in a font size larger than any other used on the face of the proxy ballot:

Words stricken are deletions;

words underlined are additions.

hb913-01-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/HB 913 2025 reducing the funding of reserves or using existing reserve funds for purposes other than purposes for which the reserves were intended must contain the following statement in capitalized, bold letters in a font size larger than any other used on the face of the proxy ballot:

Page(g) 61Structural ofintegrity 126reserve CODING:study.— 1.

WordsA strickenresidential arecondominium deletions;association must have a structural integrity reserve study completed at least every 10 years after the condominium's creation for each building on the condominium property that is three stories or higher in height, as determined by the Florida Building Code, which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

words underlined are additions.

hb913-02-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/HB 913 2025 (g) Structural integrity reserve study.— 1.

A residential condominium association must have a structural integrity reserve study completed at least every 10 years after the condominium's creation for each building on the condominium property that is three habitable stories or higher in height, as determined by the Florida Building Code, which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

b.Page 59 of 104 CODING:

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words underlined are additions.

hb913-01-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/HB 913 2025 b.

Any other item that has a deferred maintenance expense or replacement cost that exceeds $25,000 $10,000 and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-g., as determined by the visual inspection portion of the structural integrity reserve study.

The base amount of the expense or replacement cost referenced in this sub-subparagraph must be modified annually based on the Consumer Price Index for All Urban Consumers released in Page 62 of 126 CODING:

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words underlined are additions.

hb913-02-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/HB 913 2025 January.

By February 1 of each year, the department must conspicuously post on its website the revised expense or replacement cost for all items that must be included in the structural integrity reserve study pursuant to this sub- subparagraph.

553.899 to provide or contract to provide servicesPage for60 the repair or replacement of the104 condominiumCODING: property that was the subject of such structural integrity reserve study or milestone inspection, or to have a financial interest with the person or entity providing the repair or replacement services.

3.

At a minimum, a structural integrity reserve study must identify each item of the condominium property being visually inspected, state the estimated remaining useful life and the Page 63 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 estimatedservices replacementfor costthe repair or deferredreplacement maintenance expense of each item of the condominium property beingthat visuallywas inspected,the andsubject provideof asuch reservestructural fundingintegrity schedule with a recommended annual reserve amountstudy thator achievesmilestone theinspection, estimated replacement cost or deferredto maintenancehave expensea offinancial eachinterest itemwith ofthe condominiumperson propertyor beingentity visuallyproviding inspected by the endrepair ofor thereplacement estimatedservices. remaining useful life of the item.

3.

At a minimum, a structural integrity reserve study must 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.

This paragraph does not apply to buildings less than threePage stories61 inof height;104 CODING:

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words underlined are additions.

hb913-01-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/HB 913 2025 three stories in height;

Before a developer turns over control of an association to unit owners other than the developer, the developer must have Pagea 64turnover ofinspection 126report CODING:in compliance with s.

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words underlined are additions.

hb913-02-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/HB 913 2025 a turnover inspection report in compliance with s.

553.899, or an inspection completed for a similar local requirement, was performed within the past 5 years and meets the requirements of this paragraph, such inspection may be used in place of the visualPage inspection62 portion of the104 structuralCODING: integrity reserve study.

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words underlined are additions.

hb913-01-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/HB 913 2025 visual inspection portion of the structural integrity reserve study.

An officer or director of an association must sign an affidavit acknowledging receipt of Page 65 of 126 CODING:

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words underlined are additions.

hb913-02-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/HB 913 2025 the completed structural integrity reserve study.

ThePage statement63 mustof be104 providedCODING: to the division in the manner established by the division using a form posted on the division's website.

11.

By October 1, 2025, the Department of Business and Professional Regulation shall initiate rulemaking to:

a.

Adopt by rule, in coordination with the Florida Page 66 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 BuildingThe Commission,statement themust formbe provided to bethe useddivision forin the structuralmanner integrityestablished reserveby study.the division using a form posted on the division's website.

b.11.

AdoptBy byOctober rule1, 2025, the Department of Business and Professional Regulation shall initiate rulemaking to establish criteria for determining the estimated useful life of the building components identified in subparagraph 1.

The board shall duly notice and hold a board meeting within 5 full business days after the adjournment of the unit owner meeting to recall one or more Page 6764 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 hold a board meeting within 5 full business days after the adjournment of the unit owner meeting to recall one or more board members.

2.Page 65 of 104 CODING:

Rejection of a unit owner's recall agreement under this section applies when the recall agreement:

Page 68 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 a.2.

Rejection of a unit owner's recall agreement under this section applies when the recall agreement:

a.

5.3.Page 66 of 104 CODING:

If the board fails to duly notice and hold a board meeting within 5 full business days after service of an Page 69 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 agreement5.3. in writing or within 5 full business days after the adjournment of the unit owner recall meeting, the recall is deemed effective and the board members so recalled shall turn over to the board within 10 full business days after the vote any and all records and property of the association.

If the board fails to duly notice and hold a board meeting within 5 full business days after service of an agreement in writing or within 5 full business days after the adjournment of the unit owner recall meeting, the recall is deemed effective and the board members so recalled shall turn over to the board within 10 full business days after the vote any and all records and property of the association.

If vacancies occur on the board as a result of a recall and a majority or more of the board members are removed, the vacancies must shall be filled in accordance with procedural rules to be Page 7067 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 majority or more of the board members are removed, the vacancies must shall be filled in accordance with procedural rules to be adopted by the division, which rules need not be consistent with this subsection.

The division or a court of competent jurisdiction may not accept for filing a recall petition or court action, whether filed under subparagraph 1., subparagraph 2., subparagraph 4., or subparagraph 6., or subparagraph 8., when there are 45 60 or Page 7168 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 filed under subparagraph 1., subparagraph 2., subparagraph 4., or subparagraph 6., or subparagraph 8., when there are 45 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 45 60 or fewer days have elapsed since the election of the board member sought to be recalled.

Section 8.6.

display of religious decorations.— (5) To protect the health, safety, and welfare of the people of the state and to ensure uniformity and consistency in the hurricane protections installed by condominium associations Page 7269 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 people of the state and to ensure uniformity and consistency in the hurricane protections installed by condominium associations and unit owners, this subsection applies to all residential and mixed-use condominiums in the state, regardless of when the condominium is created pursuant to the declaration of condominium.

The board shall determine if the removal or reinstallation of hurricane protection must be completed by the unit owner or the association if the declaration as originally recorded, or as amended, does not specify who is responsible for Page 7370 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 unit owner or the association if the declaration as originally recorded, or as amended, does not specify who is responsible for such costs.

Section 9.7.

718.111(11), approved in accordance with the condominiumPage documents71 shall be set forth in a written notice of such104 assessmentCODING: sent or delivered to each unit owner.

The funds Page 74 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 collectedcondominium pursuantdocuments toshall abe specialset assessmentforth shallin bea usedwritten onlynotice forof thesuch specificassessment purposesent or purposesdelivered setto fortheach inunit suchowner. notice.

The funds collected pursuant to a special assessment shall be used only for the specific purpose or purposes set forth in such notice.

It is contrary to the public policy of this state to limit the ability of an association to obtain the funds needed to perform necessary maintenance, repair, or replacement of the condominium property as required by the milestone inspection report and structural integrity reserve study report in order to protectPage the72 unit owners and tenants of the104 property.CODING:

3.

Authorizing the board of administration of an Page 75 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 association to meet its fiduciary duty and levy special assessments to fund necessary maintenance, repair, or replacement of the condominium property as required by the milestone inspection report and structural integrity reserve study report in order to protect the health and safety of the unit owners and tenants of the propertyproperty. is in the public interest;

3.

Authorizing the board of administration of an association to meet its fiduciary duty and levy special assessments to fund necessary maintenance, repair, or replacement of the condominium property as required by the milestone inspection report and structural integrity reserve study report in order to protect the health and safety of the unit owners and tenants of the property is in the public interest;

(c) Notwithstanding any provision to the contrary contained in an association's declaration, articles of incorporation, or bylaws, the board of administration of an association may levy special assessments to perform necessary maintenance, repair, or replacement of the condominium property as required by the milestone inspection report and structural integrity reserve study report without the approval of the membership in order to protect the health and safety of the unit ownersPage and73 tenants of the104 property.CODING:

(d) Paragraph (c) applies to all condominiums in existence Page 76 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 onowners orand aftertenants July 1, 2025, which are not subject to control of the developerproperty. as defined in s.

(d) Paragraph (c) applies to all condominiums in existence on or after July 1, 2025, which are not subject to control of the developer as defined in s.

Section 10.8.

The total estimated cost of construction, replacement, or repairs necessary to construct or replace the intended improvements or restore the improvements to bring them into compliance with the most recent version of the Florida Building Code or to their former condition or bring them into compliance with applicable laws or regulations, plus the combined estimated fair market value of the units in the condominium before commencement of the construction, replacement, or repairs, exceeds the combined estimated fair market value of the units in the condominium after completion of the construction, Page 7774 of 126104 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 exceeds the combined estimated fair market value of the units in the condominium after completion of the construction, replacement, or repairs.

The total voting interests of the condominium must include all voting interests for the purpose of considering a planPage 75 of termination.104 CODING:

A voting interest of the condominium may not be suspended for any reason when voting on termination Page 78 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 pursuantplan toof thistermination. subsection.

A voting interest of the condominium may not be suspended for any reason when voting on termination pursuant to this subsection.

1.Page 76 of 104 CODING:

If the former condominium units are offered for lease to the public after the termination, each unit owner in Page 79 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 occupancy1. immediately before the date of recording of the plan of termination may lease his or her former unit and remain in possession of the unit for 12 months after the effective date of the termination on the same terms as similar unit types within the property are being offered to the public.

If the former condominium units are offered for lease to the public after the termination, each unit owner in occupancy immediately before the date of recording of the plan of termination may lease his or her former unit and remain in possession of the unit for 12 months after the effective date of the termination on the same terms as similar unit types within the property are being offered to the public.

Any relocation payment payable under this subparagraph shall be paid by the single entity or related entities owning at least 80 percentPage 77 of the104 totalCODING: voting interests.

Such relocation payment shall be in addition to the termination proceeds for such Page 80 of 126 CODING:

hb913-02-c2hb913-01-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/HBCS/HB 913 2025 owner'spercent formerof unit and shall be paid no later than 10 days after the formertotal unitvoting ownerinterests. vacates his or her former unit.

Such relocation payment shall be in addition to the termination proceeds for such owner's former unit and shall be paid no later than 10 days after the former unit owner vacates his or her former unit.