Bill > S1178

Introduced Session

An act relating to community associations; amending s. 468.4334, F.S.; requiring community associations to return official records of an association within a specified period following termination of a contract; specifying the manner of delivery for the notice of termination; authorizing the manager or management firm to retain records for a specified purpose within a specified timeframe; relieving a manager or management firm from responsibility if the association fails to provide access to the records necessary to complete an ending financial statement or report; providing a rebuttable presumption regarding noncompliance; providing penalties for the failure to timely return official records; providing applicability; creating s. 468.4335, F.S.; requiring community association managers and management firms to provide a written disclosure of certain conflicts of interest to the association’s board; providing a rebuttable presumption as to the existence of a conflict; requiring an association to solicit multiple bids for goods or services under certain circumstances; providing requirements for an association to approve any contract or transaction deemed a conflict of interest; authorizing the cancellation of a management contract, subject to certain requirements; specifying liability and nonliability of the association upon cancellation of such a contract; authorizing an association to void certain contracts if certain conflicts were not disclosed in accordance with the act; defining the term “relative”; amending s. 468.436, F.S.; revising the list of grounds for which the Department of Business and Professional Regulation may take disciplinary actions against community association managers or firms, to conform to changes made by the act; amending s. 553.899, F.S.; revising applicability; amending s. 718.103, F.S.; revising and defining terms; amending s. 718.104, F.S.; revising what must be included in a declaration; requiring that declarations specify the entity responsible for the installation, maintenance, repair, or replacement of hurricane protection; amending s. 718.111, F.S.; defining the term “kickback”; providing criminal penalties for any officer, director, or manager of an association who knowingly solicits, offers to accept, or accepts a kickback; requiring the Division of Florida Condominiums, Timeshares, and Mobile Homes to monitor compliance and issue fines and penalties for failure of an association to maintain the required insurance policy or fidelity bonding; revising the list of records that constitute the official records of an association; revising maintenance requirements for official records; revising requirements regarding requests to inspect or copy association records; requiring an association to provide a checklist in response to certain records requests; providing a rebuttable presumption regarding compliance; providing criminal penalties for certain violations regarding noncompliance with records requirements; defining the term “repeatedly”; requiring that copies of certain building permits be posted on an association’s website or application; modifying the method of delivery of certain letters regarding association financial reports to unit owners; conforming a provision to changes made by the act; revising circumstances under which an association may prepare certain reports; revising applicable law for criminal penalties for persons who unlawfully use a debit card issued in the name of an association; defining the term “lawful obligation of the association”; revising the threshold for associations that must post certain documents on their websites or through an application; amending s. 718.112, F.S.; requiring the boards of administration of associations consisting of more than a specified number of units to meet a minimum number of times each quarter; revising requirements regarding notice of such meetings; requiring a director of a board of an association to provide a written certification and complete an educational requirement upon election or appointment to the board; specifying requirements for the education curriculum; requiring the association to bear the costs of the required educational curriculum and certificate; providing transitional provisions; requiring that an association’s budget include reserve amounts for planned maintenance, rather than for deferred maintenance; providing that, upon a determination by a specified local building official that an entire condominium building is uninhabitable due to a natural emergency, the board, upon the approval of a majority of its members, may pause contribution to reserves or reduce reserve funding for a specified period of time; authorizing an association to expend any reserve accounts held by the association to make the building and its structures habitable; requiring the association to immediately resume contributing funds to its reserve once the local building official determines the building and its structures are habitable; providing that a condominium’s structural integrity reserve study may recommend a temporary pause in reserve funding under certain circumstances; revising applicability; requiring an association to distribute copies of a structural integrity reserve study to unit owners or deliver a certain notice to them within a specified timeframe; specifying the manner of distribution or delivery; requiring the association to provide the division with a statement indicating specific information within a specified timeframe after receiving the structural integrity reserve study; revising the circumstances under which a director or an officer must be removed from office after being charged by information or indictment; prohibiting such officers and directors with pending criminal charges from accessing the official records of any association; providing an exception; providing criminal penalties for certain fraudulent voting activities relating to association elections; requiring any person charged to be removed from office and a vacancy be declared; amending s. 718.113, F.S.; providing applicability; authorizing, rather than requiring, certain hurricane protection specifications; specifying that certain actions are not material alterations or substantial additions; authorizing the boards of residential and mixed-use condominiums to install or require the unit owners to install hurricane protection; requiring a vote of the unit owners for the installation of hurricane protection; requiring that such vote be attested to in a certificate and recorded in certain public records; providing requirements for such certificate; providing that the validity or enforceability of a vote of the unit owners is not affected if the board fails to record a certificate or send a copy of the recorded certificate to the unit owners; providing that a vote of the unit owners is not required under certain circumstances; prohibiting installation of the same type of hurricane protection previously installed; providing exceptions; prohibiting the boards of residential and mixed-use condominiums from refusing to approve certain hurricane protections; authorizing the board to require owners to adhere to certain guidelines regarding the external appearance of a condominium; revising responsibility for the cost of removal or reinstallation of hurricane protection and certain exterior windows, doors, or apertures in certain circumstances; requiring the board to make a certain determination; providing that costs incurred by the association in connection with such removal or reinstallation completed by the association may not be charged to the unit owner; requiring reimbursement of the unit owner, or application of a credit toward future assessments, in certain circumstances; authorizing the association to collect charges if the association removes or installs hurricane protection and making such charges enforceable as an assessment; amending s. 718.115, F.S.; specifying when the cost of installation of hurricane protection is not a common expense; authorizing certain expenses to be enforceable as assessments; requiring that certain unit owners be excused from certain assessments or receive a credit for hurricane protection that has been installed; providing credit applicability under certain circumstances; providing for the amount of credit that a unit owner must receive; specifying that certain expenses are common expenses; amending s. 718.121, F.S.; conforming a cross-reference; amending s. 718.1224, F.S.; revising legislative findings and intent to conform to changes made by the act; revising the definition of the term “governmental entity”; prohibiting a condominium association from filing strategic lawsuits against public participation; prohibiting an association from taking certain action against a unit owner in response to specified conduct; prohibiting associations from expending association funds in support of certain actions against a unit owner; conforming provisions to changes made by the act; amending s. 718.128, F.S.; authorizing a condominium association to conduct elections and other unit owner votes through an online voting system if a unit owner consents, either electronically or in writing, to online voting; revising applicability; amending s. 718.202, F.S.; authorizing the director of the Division of Florida Condominiums, Timeshares, and Mobile Homes to accept certain assurances in lieu of a specified percentage of the sale price; authorizing a developer to deliver a surety bond or an irrevocable letter of credit in an amount equivalent to a certain percentage of the sale price; conforming provisions to changes made by the act; making technical changes; amending s. 718.301, F.S.; revising items that developers are required to deliver to an association upon relinquishing control of the association; amending s. 718.3027, F.S.; revising requirements regarding attendance at a board meeting in the event of a conflict of interest; modifying circumstances under which a contract may be voided; amending s. 718.303, F.S.; requiring that a notice of nonpayment be provided to a unit owner by a specified time before an election; creating s. 718.407, F.S.; providing that a condominium may be created within a portion of a building or within a multiple parcel building; providing for the common elements of such condominium; providing requirements for the declaration of condominium and other recorded instruments; authorizing an association to inspect and copy certain books and records and to receive an annual budget; requiring that a specified statement be included in a contract for the sale of a unit of the condominium; providing that a multiple parcel building is not a subdivision of land if the land is not subdivided; amending s. 718.501, F.S.; revising circumstances under which the Division of Florida Condominiums, Timeshares, and Mobile Homes has jurisdiction to investigate and enforce certain matters; requiring the division to provide official records, without charge, to a unit owner denied access to such records; authorizing the division to issue citations and adopt rules for such issuance; requiring the division to provide division-approved providers with the template certificate for issuance directly to the association; requiring the division to adopt rules related to the approval of educational curriculum providers; requiring the division to refer suspected criminal acts to the appropriate law enforcement authority; authorizing certain division officials to attend association meetings; authorizing the division to access the association’s website to investigate complaints made regarding access to official records on the association’s website and to develop rules for such access; specifying requirements for the annual certification; requiring an association to explain on the certification the reasons any certification requirements have not been met; requiring an association to complete the certifications within a specified timeframe; requiring the association to notify the division when the certification is completed; providing applicability; conforming a provision to changes made by the act; amending s. 718.5011, F.S.; specifying that the secretary of the Department of Business and Professional Regulation, rather than the Governor, shall appoint the condominium ombudsman; amending ss. 718.503 and 718.504, F.S.; requiring certain persons to provide specified disclosures to purchasers under certain circumstances; making technical changes; providing for retroactive applicability; amending s. 718.618, F.S.; conforming a provision to changes made by the act; amending s. 719.106, F.S.; requiring that a cooperative association’s budget include reserve amounts for planned maintenance, rather than for deferred maintenance; providing an exception for certain associations to complete a structural integrity reserve study by a certain date; requiring an association to distribute copies of a structural integrity reserve study to unit owners or deliver a certain notice to them within a specified timeframe; specifying the manner of distribution or delivery; conforming provisions to changes made by the act; amending s. 719.129, F.S.; authorizing cooperative associations to conduct elections and other unit owner votes through an online voting system if a unit owner consents, either electronically or in writing, to online voting; revising applicability; amending s. 719.301, F.S.; revising items that developers are required to deliver to a cooperative association upon relinquishing control of association property; amending s. 719.618, F.S.; conforming a provision to changes made by the act; requiring the division to conduct a review of statutory requirements regarding posting of official records on a condominium association’s website or application; requiring the division to submit its findings, including any recommendations, to the Governor and the Legislature by a specified date; providing for retroactive applicability; requiring the division to create a database on its website of the associations that have reported the completion of their structural integrity reserve study by a specified date; providing an appropriation; providing construction; requiring the Florida Building Commission to perform a study on standards to prevent water intrusion through the tracks of sliding glass doors; requiring the commission to provide a written report of such a study to the Governor and Legislature by a specified date; providing effective dates.

AI Summary

Committee Categories

Jennifer Bradley (R)*,  Ileana Garcia (R),  Shev Jones (D),  Rosalind Osgood (D),  Jason Pizzo (I),  Ana Maria Rodriguez (R), 

Other Sponsors (3)

Laid on Table, refer to CS/CS/CS/HB 1021 (on 03/06/2024)

Official Document