H 657

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1A bill to be entitled
2An act relating to community associations; creating s.
3712.13, F.S.; providing legislative findings and
4intent; providing definitions; providing that the
5recorded governing documents of a dissolved
6homeowners' association are deemed terminated and
7unenforceable; requiring the clerk of the circuit
8court to indicate in the county records that a
9dissolved association's governing documents are
10terminated and inactive; requiring certain exclusive
11easements to revert to the servient estate upon
12dissolution of a homeowners' association under certain
13circumstances; providing for the extinguishment of
14such easement; prohibiting an easement held by a
15dissolved association from becoming a public right-of-
16way, trail, or access route unless the easement is
17separately recorded for public use; providing
18construction; providing retroactive applicability;
19amending s. 718.103, F.S.; defining the term
20"habitable"; revising the definition of the term
21"video conference"; amending s. 718.104, F.S.;
22requiring condominium associations to include a
23specified statement in the governing documents or to
24hold a meeting by a date certain to vote to amend the
25governing documents to include such statement;
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26requiring a vote held at such meeting to be approved
27by a certain amount of the voting interests; amending
28s. 718.111, F.S.; requiring a condominium association
29to provide copies of certain records or otherwise make
30them available for inspection and copying within a
31specified timeframe if the association receives a
32subpoena or written request from a law enforcement
33agency or prosecuting agency; providing criminal
34penalties; amending s. 718.112, F.S.; requiring a
35developer to have a turnover inspection report
36completed for all buildings on the condominium
37property before turning control over to unit owners;
38amending s. 718.1255, F.S.; removing presuit mediation
39requirements; amending s. 718.128, F.S.; revising the
40manner in which certain associations must receive
41electronically transmitted ballots; revising the
42methods by which unit owners may electronically
43transmit ballots; amending s. 719.103, F.S.; defining
44the term "habitable"; amending s. 719.106, F.S.;
45requiring a developer to have a turnover inspection
46report completed for all buildings on the condominium
47property before turning control over to unit owners;
48amending s. 720.301, F.S.; defining the term
49"financial statements"; amending s. 720.302, F.S.;
50conforming a provision to changes made by the act;
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51amending s. 720.303, F.S.; requiring homeowners'
52associations to include a specified statement in the
53governing documents or to hold a meeting by a date
54certain to vote to amend the governing documents to
55include such statement; requiring a vote held at such
56meeting to be approved by a certain amount of the
57voting interests; removing the authority of an
58association to take certain actions relating to the
59roof of a building; requiring an association to
60provide copies of or otherwise make available certain
61records for inspection and copying within a specified
62timeframe if the association receives a written
63request from a prosecuting agency; providing criminal
64penalties; providing that directors, officers, and
65committee members of a homeowners' association owe a
66duty of loyalty to such association and its members;
67requiring a director, an officer, or a committee
68member who has a conflict of interest to disclose to
69the board such conflict in writing; prohibiting such
70director, officer, or member from participating in any
71discussion or vote on such matter; authorizing an
72association to void a transaction involving a conflict
73of interest; providing an exception; providing a
74rebuttable presumption; providing construction;
75amending s. 720.3035, F.S.; prohibiting an association
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76or specified committees of an association from
77enforcing or adopting a covenant, rule, or guideline
78that requires a specific type of material for building
79or rebuilding a roof under certain circumstances;
80amending s. 720.306, F.S.; conforming a cross-
81reference; amending s. 720.3075, F.S.; prohibiting an
82association's documents from precluding a property
83owner from using any type of building material to
84build or rebuild a roof under certain circumstances;
85amending s. 720.311, F.S.; removing presuit mediation
86requirements; requiring that specified arbitrators
87conduct arbitration proceedings; creating s. 720.319,
88F.S.; providing a short title; providing legislative
89findings; authorizing a homeowners' association to be
90terminated; providing requirements for the termination
91of a homeowners' association; providing conditions for
92a plan of termination; requiring an approved plan of
93termination be submitted to a community association
94court program and recorded in the public records of
95each county in which the association is located;
96providing duties and responsibilities of a termination
97trustee; authorizing a member to file a petition with
98a community association court program under certain
99circumstances; authorizing a community association
100court program to take certain actions; providing
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101responsibilities of the board after approval of a plan
102of termination; providing for the distribution of
103assets and paying of lawful debts after an association
104is terminated; specifying unlawful actions by an
105association or its officers or directors; providing
106penalties; creating s. 720.32, F.S.; providing
107legislative intent; authorizing circuit courts to
108create and administer a community association court
109program; providing duties of the chief judge;
110providing the jurisdiction of the community
111association court program; authorizing the community
112association court program to take certain actions;
113requiring the chief judge of certain judicial circuits
114to submit to the Legislature a specified report
115annually by a specified date; providing duties of the
116Office of the State Courts Administrator; requiring
117that certain costs associated with the community
118association court program be funded through specific
119appropriations in the General Appropriations Act;
120requiring certain funds that remain unencumbered or
121undisbursed by specified dates to revert to the
122Division of Florida Condominiums, Timeshares, and
123Mobile Homes Trust Fund; providing applicability;
124amending s. 26.031, F.S.; increasing the number of
125circuit judges in certain judicial circuits;
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126specifying that the additional circuit court judges
127are for the community association court program;
128amending s. 34.01, F.S.; conforming a provision to
129changes made by the act; amending ss. 336.125,
130558.002, 617.0601, 617.0701, 617.0721, 617.0725,
131617.0808, 617.1606, 718.116, 718.503, 719.503, and
132720.3085, F.S.; conforming cross-references;
133reenacting s. 617.0825(9), F.S., relating to board
134committees and advisory committees, to incorporate the
135amendment made to s. 720.3035, F.S., in a reference
136thereto; providing an effective date.
137
138    Be It Enacted by the Legislature of the State of Florida:
139
140Section 1.  Section 712.13, Florida Statutes, is created to
141    read:
142712.13       Governing documents associated with dissolved
143    homeowners' associations.—
144(1)     The Legislature finds that when a homeowners'
145    association has been dissolved, voluntarily or involuntarily,
146    the recorded governing documents created solely for the
147    association's benefit may remain in the county records
148    indefinitely, imposing an undue burden on private property
149    owners. It is the intent of the Legislature to restore and
150    protect private property rights by ensuring that such
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151    encumbrances are properly extinguished or removed from the
152    official records of the county when the association ceases to
153    exist.
154(2)     As used in this section, the term:
155(a)     "Dissolved association" means a homeowners'
156    association that has filed articles of dissolution with the
157    Department of State under chapter 617 or has otherwise ceased
158    its legal operation and existence.
159(b)     "Exclusive easement" means an easement recorded for
160    the sole benefit or use of a homeowners' association or its
161    members.
162(c)     "Governing documents" has the same meaning as in s.
163    720.301.
164(d)     "Servient estate" means the real property burdened by
165    an easement.
166(3)(a)       Upon the dissolution of a homeowners' association,
167    the governing documents of the association, which were recorded
168    in the official records of a county and created solely for the
169    operation or benefit of the dissolved association or its
170    members, are deemed terminated and are unenforceable.
171(b)     The recorded governing documents may not be construed
172    to create any rights for the general public or for any successor
173    entity unless expressly provided by law.
174(c)     The clerk of the circuit court shall, upon receipt of
175    a certified copy of the association's articles of dissolution,
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176    mark or otherwise indicate in the county's official records that
177    the governing documents for the dissolved association are
178    terminated and inactive.
179(4)(a)       An exclusive easement created for the benefit of a
180    homeowners' association or its members must revert to the
181    servient estate upon dissolution of the association if the owner
182    of the servient estate has continuously paid his or her ad
183    valorem taxes on the land encumbered by the easement.
184(b)     Upon reversion, the exclusive easement is extinguished
185    and the owner of the servient estate regains full rights of
186    ownership, possession, and control of the land encumbered by the
187    easement.
188(c)     An easement formerly held by a homeowners' association
189    may not become a public right-of-way, trail, or access route
190    unless a separate, valid written notice in accordance with s.
191    712.06 has been recorded to preserve the easement for the
192    benefit of the public.
193(5)     This section does not impair or extinguish easements,
194    covenants, or restrictions benefiting individual property owners
195    which were separately recorded or preserved under this chapter.
196(6)     This section applies both prospectively and
197    retroactively to homeowners' associations dissolved before, on,
198    or after July 1, 2026.
199Section 2.  Subsections (19) through (35) of section
200    718.103, Florida Statutes, are renumbered as subsections (20)
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201    through (36), respectively, present subsection (33) is amended,
202    and a new subsection (19) is added to that section, to read:
203718.103        Definitions.—As used in this chapter, the term:
204(19)        "Habitable" means a space in a building for living,
205    sleeping, eating, or cooking. Garages, carports, and storage or
206    utility spaces are not considered habitable.
207(34)(33)  "Video conference" means a real-time audio- and
208    video-based meeting between two or more people in different
209    locations using video-enabled and audio-enabled devices. The
210    notice for any meeting that is open to the unit owners and will
211    be conducted by video conference must have a hyperlink and call-
212    in conference telephone number for unit owners to attend the
213    meeting and must have a physical location where unit owners can
214    also attend the meeting in person. All meetings conducted by
215    video conference which are open to the unit owners must be
216    recorded, and such recording must be maintained as an official
217    record of the association.
218Section 3.  Subsection (8) is added to section 718.104,
219    Florida Statutes, to read:
220718.104        Creation of condominiums; contents of
221    declaration.—Every condominium created in this state shall be
222    created pursuant to this chapter.
223(8)(a)        Each association formed on or after July 1, 2026,
224    must include the following statement in the governing documents:
225
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226This association and the association's governing
227documents are governed by the Florida Condominium Act,
228as amended from time to time.
229
230(b)     By January 1, 2027, each association in existence
231    before July 1, 2026, must hold a meeting of the members in
232    accordance with s. 718.112 to vote whether to amend the
233    governing documents of the association to include the statement
234    in paragraph (a). The association must obtain the affirmative
235    approval of two-thirds of the units at a meeting of the
236    membership at which a quorum has been attained in order to amend
237    the governing documents under this paragraph.
238Section 4.  Paragraph (c) of subsection (12) of section
239    718.111, Florida Statutes, is amended to read:
240718.111       The association.—
241(12)        OFFICIAL RECORDS.—
242(c)1.a.       The official records of the association are open
243    to inspection by any association member and any person
244    authorized by an association member as a representative of such
245    member at all reasonable times. The right to inspect the records
246    includes the right to make or obtain copies, at the reasonable
247    expense, if any, of the member and of the person authorized by
248    the association member as a representative of such member. A
249    renter of a unit has a right to inspect and copy only the
250    declaration of condominium, the association's bylaws and rules,
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251    and the inspection reports described in ss. 553.899 and
252    718.301(4)(p). The association may adopt reasonable rules
253    regarding the frequency, time, location, notice, and manner of
254    record inspections and copying but may not require a member to
255    demonstrate any purpose or state any reason for the inspection.
256    The failure of an association to provide the records within 10
257    working days after receipt of a written request creates a
258    rebuttable presumption that the association willfully failed to
259    comply with this paragraph. A unit owner who is denied access to
260    official records is entitled to the actual damages or minimum
261    damages for the association's willful failure to comply. Minimum
262    damages are $50 per calendar day for up to 10 days, beginning on
263    the 11th working day after receipt of the written request. The
264    failure to permit inspection entitles any person prevailing in
265    an enforcement action to recover reasonable attorney fees from
266    the person in control of the records who, directly or
267    indirectly, knowingly denied access to the records. If the
268    requested records are posted on an association's website, or are
269    available for download through an application on a mobile
270    device, the association may fulfill its obligations under this
271    paragraph by directing to the website or the application all
272    persons authorized to request access.
273b.      In response to a written request to inspect records,
274    the association must simultaneously provide to the requestor a
275    checklist of all records made available for inspection and
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276    copying. The checklist must also identify any of the
277    association's official records that were not made available to
278    the requestor. An association must maintain a checklist provided
279    under this sub-subparagraph for 7 years. An association
280    delivering a checklist pursuant to this sub-subparagraph creates
281    a rebuttable presumption that the association has complied with
282    this paragraph.
2832.      A director or member of the board or association or a
284    community association manager who willfully and knowingly or
285    intentionally violates subparagraph 1. commits a misdemeanor of
286    the second degree, punishable as provided in s. 775.082 or s.
287    775.083, and must be removed from office and a vacancy declared.
2883.      A person who willfully and knowingly or intentionally
289    defaces or destroys accounting records that are required by this
290    chapter to be maintained during the period for which such
291    records are required to be maintained, or who willfully and
292    knowingly or intentionally fails to create or maintain
293    accounting records that are required to be created or
294    maintained, with the intent of causing harm to the association
295    or one or more of its members, commits a misdemeanor of the
296    first degree, punishable as provided in s. 775.082 or s.
297    775.083; is personally subject to a civil penalty pursuant to s.
298    718.501(1)(e); and must be removed from office and a vacancy
299    declared.
3004.      A person who willfully and knowingly or intentionally
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301    refuses to release or otherwise produce association records with
302    the intent to avoid or escape detection, arrest, trial, or
303    punishment for the commission of a crime, or to assist another
304    person with such avoidance or escape, commits a felony of the
305    third degree, punishable as provided in s. 775.082, s. 775.083,
306    or s. 775.084, and must be removed from office and a vacancy
307    declared.
3085.      The association shall maintain an adequate number of
309    copies of the declaration, articles of incorporation, bylaws,
310    and rules, and all amendments to each of the foregoing, as well
311    as the question and answer sheet as described in s. 718.504 and
312    the most recent annual financial statement and annual budget
313    required under this section, on the condominium property to
314    ensure their availability to unit owners and prospective
315    purchasers, and may charge its actual costs for preparing and
316    furnishing these documents to those requesting the documents. An
317    association shall allow a member or his or her authorized
318    representative to use a portable device, including a smartphone,
319    tablet, portable scanner, or any other technology capable of
320    scanning or taking photographs, to make an electronic copy of
321    the official records in lieu of the association's providing the
322    member or his or her authorized representative with a copy of
323    such records. The association may not charge a member or his or
324    her authorized representative for the use of a portable device.
325    Notwithstanding this paragraph, the following records are not
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326    accessible to unit owners:
327a.      Any record protected by the lawyer-client privilege as
328    described in s. 90.502 and any record protected by the work-
329    product privilege, including a record prepared by an association
330    attorney or prepared at the attorney's express direction, which
331    reflects a mental impression, conclusion, litigation strategy,
332    or legal theory of the attorney or the association, and which
333    was prepared exclusively for civil or criminal litigation or for
334    adversarial administrative proceedings, or which was prepared in
335    anticipation of such litigation or proceedings until the
336    conclusion of the litigation or proceedings.
337b.      Information obtained by an association in connection
338    with the approval of the lease, sale, or other transfer of a
339    unit.
340c.      Personnel records of association or management company
341    employees, including, but not limited to, disciplinary, payroll,
342    health, and insurance records. For purposes of this sub-
343    subparagraph, the term "personnel records" does not include
344    written employment agreements with an association employee or
345    management company, or budgetary or financial records that
346    indicate the compensation paid to an association employee.
347d.      Medical records of unit owners.
348e.      Social security numbers, driver license numbers, credit
349    card numbers, e-mail addresses, telephone numbers, facsimile
350    numbers, emergency contact information, addresses of a unit
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351    owner other than as provided to fulfill the association's notice
352    requirements, and other personal identifying information of any
353    person, excluding the person's name, unit designation, mailing
354    address, property address, and any address, e-mail address, or
355    facsimile number provided to the association to fulfill the
356    association's notice requirements. Notwithstanding the
357    restrictions in this sub-subparagraph, an association may print
358    and distribute to unit owners a directory containing the name,
359    unit address, and all telephone numbers of each unit owner.
360    However, an owner may exclude his or her telephone numbers from
361    the directory by so requesting in writing to the association. An
362    owner may consent in writing to the disclosure of other contact
363    information described in this sub-subparagraph. The association
364    is not liable for the inadvertent disclosure of information that
365    is protected under this sub-subparagraph if the information is
366    included in an official record of the association and is
367    voluntarily provided by an owner and not requested by the
368    association.
369f.      Electronic security measures that are used by the
370    association to safeguard data, including passwords.
371g.      The software and operating system used by the
372    association which allow the manipulation of data, even if the
373    owner owns a copy of the same software used by the association.
374    The data is part of the official records of the association.
375h.      All affirmative acknowledgments made pursuant to s.
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376    718.121(4)(c).
3776.a.        If an association receives a subpoena or written
378    request for records from a prosecuting agency as defined in s.
379    112.531 or a law enforcement agency, the association must
380    provide a copy of such records or otherwise make the records
381    available for inspection and copying to the prosecuting agency
382    or law enforcement agency within 5 business days after receipt
383    of the subpoena or written request, unless otherwise specified
384    by the law enforcement agency, prosecuting agency, subpoena, or
385    written request. An association must assist a law enforcement
386    agency and a prosecting agency in an investigation to the extent
387    permissible by law.
388b.      A director or member of the board or association or a
389    community association manager who willfully and knowingly fails
390    to provide a copy of records, or otherwise fails to make the
391    records available for inspection and copying, to a prosecuting
392    agency or a law enforcement agency as required under sub-
393    subparagraph a. commits a misdemeanor of the second degree,
394    punishable as provided in s. 775.082 or s. 775.083.
395Section 5.  Paragraph (g) of subsection (2) of section
396    718.112, Florida Statutes, is amended to read:
397718.112        Bylaws.—
398(2)      REQUIRED PROVISIONS.—The bylaws shall provide for the
399    following and, if they do not do so, shall be deemed to include
400    the following:
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401(g)      Structural integrity reserve study.—
4021.      A residential condominium association must have a
403    structural integrity reserve study completed at least every 10
404    years after the condominium's creation for each building on the
405    condominium property that is three habitable stories or higher
406    in height, as determined by the Florida Building Code, which
407    includes, at a minimum, a study of the following items as
408    related to the structural integrity and safety of the building:
409a.      Roof.
410b.      Structure, including load-bearing walls and other
411    primary structural members and primary structural systems as
412    those terms are defined in s. 627.706.
413c.      Fireproofing and fire protection systems.
414d.      Plumbing.
415e.      Electrical systems.
416f.      Waterproofing and exterior painting.
417g.      Windows and exterior doors.
418h.      Any other item that has a deferred maintenance expense
419    or replacement cost that exceeds $25,000 or the inflation-
420    adjusted amount determined by the division under subparagraph
421    (f)6., whichever is greater, and the failure to replace or
422    maintain such item negatively affects the items listed in sub-
423    subparagraphs a.-g., as determined by the visual inspection
424    portion of the structural integrity reserve study.
4252.      A structural integrity reserve study is based on a
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426    visual inspection of the condominium property.
4273.a.        A structural integrity reserve study, including the
428    visual inspection portion of the structural integrity reserve
429    study, must be performed or verified by an engineer licensed
430    under chapter 471, an architect licensed under chapter 481, or a
431    person certified as a reserve specialist or professional reserve
432    analyst by the Community Associations Institute or the
433    Association of Professional Reserve Analysts.
434b.      Any design professional as defined in s. 558.002 or any
435    contractor licensed under chapter 489 who bids to perform a
436    structural integrity reserve study must disclose in writing to
437    the association his or her intent to bid on any services related
438    to any maintenance, repair, or replacement that may be
439    recommended by the structural integrity reserve study. Any
440    design professional as defined in s. 558.002 or contractor
441    licensed under chapter 489 who submits a bid to the association
442    for performing any services recommended by the structural
443    integrity reserve study may not have an interest, directly or
444    indirectly, in the firm or entity providing the association's
445    structural integrity reserve study or be a relative of any
446    person having a direct or indirect interest in such firm, unless
447    such relationship is disclosed to the association in writing. As
448    used in this section, the term "relative" means a relative
449    within the third degree of consanguinity by blood or marriage. A
450    contract for services is voidable and terminates upon the
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451    association filing a written notice terminating the contract if
452    the design professional or licensed contractor failed to provide
453    the written disclosure of the interests or relationships
454    required under this paragraph. A design professional or licensed
455    contractor may be subject to discipline under the applicable
456    practice act for his or her profession for failure to provide
457    the written disclosure of the interests or relationships
458    required under this paragraph.
4594.a.        At a minimum, a structural integrity reserve study
460    must identify each item of the condominium property being
461    visually inspected, state the estimated remaining useful life
462    and the estimated replacement cost or deferred maintenance
463    expense of each item of the condominium property being visually
464    inspected, and provide a reserve funding plan or schedule with a
465    recommended annual reserve amount that achieves the estimated
466    replacement cost or deferred maintenance expense of each item of
467    condominium property being visually inspected by the end of the
468    estimated remaining useful life of the item. At a minimum, the
469    structural integrity reserve study must include a recommendation
470    for a reserve funding schedule based on a baseline funding plan
471    that provides a reserve funding goal in which the reserve
472    funding for each budget year is sufficient to maintain the
473    reserve cash balance above zero. The study may recommend other
474    types of reserve funding schedules, provided that each
475    recommended schedule is sufficient to meet the association's
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476    maintenance obligation.
477b.      The structural integrity reserve study may recommend
478    that reserves do not need to be maintained for any item for
479    which an estimate of useful life and an estimate of replacement
480    cost cannot be determined, or the study may recommend a deferred
481    maintenance expense amount for such item. The structural
482    integrity reserve study may recommend that reserves for
483    replacement costs do not need to be maintained for any item with
484    an estimated remaining useful life of greater than 25 years, but
485    the study may recommend a deferred maintenance expense amount
486    for such item. If the structural integrity reserve study
487    recommends reserves for any item for which reserves are not
488    required under this paragraph, the amount of the recommended
489    reserves for such item must be separately identified in the
490    structural integrity reserve study as an item for which reserves
491    are not required under this paragraph.
492c.      The structural integrity reserve study must take into
493    consideration the funding method or methods used by the
494    association to fund its maintenance and reserve funding
495    obligations through regular assessments, special assessments,
496    lines of credit, or loans. If the structural integrity reserve
497    study is performed before the association has approved a special
498    assessment or secured a line of credit or a loan, the structural
499    integrity reserve study must be updated to reflect the funding
500    method selected by the association and its effect on the reserve
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501    funding schedule, including any anticipated change in the amount
502    of regular assessments. The structural integrity reserve study
503    may be updated to reflect any changes to the useful life of the
504    reserve items after such items are repaired or replaced and the
505    effect such repair or replacement will have on the reserve
506    funding schedule. The association must obtain an updated
507    structural integrity reserve study before adopting any budget in
508    which the reserve funding from regular assessments, special
509    assessments, lines of credit, or loans does not align with the
510    funding plan from the most recent version of the structural
511    integrity reserve study.
5125.      This paragraph does not apply to buildings less than
513    three habitable stories in height; single-family, two-family,
514    three-family, or four-family dwellings with three or fewer
515    habitable stories above ground; any portion or component of a
516    building that has not been submitted to the condominium form of
517    ownership; or any portion or component of a building that is
518    maintained by a party other than the association.
5196.      Before a developer turns over control of an association
520    to unit owners other than the developer, the developer must have
521    a turnover inspection report in compliance with s. 718.301(4)(p)
522    and (q) for each building on the condominium property that is
523    three stories or higher in height.
5247.      Associations existing on or before July 1, 2022, which
525    are controlled by unit owners other than the developer, must
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526    have a structural integrity reserve study completed by December
527    31, 2025, for each building on the condominium property that is
528    three habitable stories or higher in height. An association that
529    is required to complete a milestone inspection in accordance
530    with s. 553.899 on or before December 31, 2026, may complete the
531    structural integrity reserve study simultaneously with the
532    milestone inspection. In no event may the structural integrity
533    reserve study be completed after December 31, 2026.
5348.      If the milestone inspection required by s. 553.899, or
535    an inspection completed for a similar local requirement, was
536    performed within the past 5 years and meets the requirements of
537    this paragraph, such inspection may be used in place of the
538    visual inspection portion of the structural integrity reserve
539    study.
5409.      If the association completes a milestone inspection
541    required by s. 553.899, or an inspection completed for a similar
542    local requirement, the association may delay performance of a
543    required structural integrity reserve study for no more than the
544    2 consecutive budget years immediately following the milestone
545    inspection in order to allow the association to focus its
546    financial resources on completing the repair and maintenance
547    recommendations of the milestone inspection.
54810.      If the officers or directors of an association
549    willfully and knowingly fail to complete a structural integrity
550    reserve study pursuant to this paragraph, such failure is a
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551    breach of an officer's or a director's fiduciary relationship to
552    the unit owners under s. 718.111(1). An officer or a director of
553    an association must sign an affidavit acknowledging receipt of
554    the completed structural integrity reserve study.
55511.     Within 45 days after receiving the structural
556    integrity reserve study, the association must distribute a copy
557    of the study to each unit owner or deliver to each unit owner a
558    notice that the completed study is available for inspection and
559    copying upon a written request. Distribution of a copy of the
560    study or notice must be made by United States mail or personal
561    delivery to the mailing address, property address, or any other
562    address of the owner provided to fulfill the association's
563    notice requirements under this chapter, or by electronic
564    transmission to the e-mail address or facsimile number provided
565    to fulfill the association's notice requirements to unit owners
566    who previously consented to receive notice by electronic
567    transmission.
56812.     Within 45 days after receiving the structural
569    integrity reserve study, the association must provide the
570    division with a statement indicating that the study was
571    completed and that the association provided or made available
572    such study to each unit owner in accordance with this section.
573    The statement must be provided to the division in the manner
574    established by the division using a form posted on the
575    division's website.
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57613.     The division shall adopt by rule the form for the
577    structural integrity reserve study in coordination with the
578    Florida Building Commission.
579Section 6.  Subsections (6) and (7) of section 718.1255,
580    Florida Statutes, are renumbered as subsections (5) and (6),
581    respectively, and paragraphs (a), (h), (k), and (m) of
582    subsection (4) and present subsection (5) of that section are
583    amended, to read:
584718.1255  Alternative dispute resolution; mediation;
585    nonbinding arbitration; applicability.—
586(4)     NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.—The
587    Division of Florida Condominiums, Timeshares, and Mobile Homes
588    of the Department of Business and Professional Regulation may
589    employ full-time attorneys to act as arbitrators to conduct the
590    arbitration hearings provided by this chapter. The division may
591    also certify attorneys who are not employed by the division to
592    act as arbitrators to conduct the arbitration hearings provided
593    by this chapter. A person may not be employed by the department
594    as a full-time arbitrator unless he or she is a member in good
595    standing of The Florida Bar. A person may only be certified by
596    the division to act as an arbitrator if he or she has been a
597    member in good standing of The Florida Bar for at least 5 years
598    and has mediated or arbitrated at least 10 disputes involving
599    condominiums in this state during the 3 years immediately
600    preceding the date of application, mediated or arbitrated at
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601    least 30 disputes in any subject area in this state during the 3
602    years immediately preceding the date of application, or attained
603    board certification in real estate law or condominium and
604    planned development law from The Florida Bar. Arbitrator
605    certification is valid for 1 year. An arbitrator who does not
606    maintain the minimum qualifications for initial certification
607    may not have his or her certification renewed. The department
608    may not enter into a legal services contract for an arbitration
609    hearing under this chapter with an attorney who is not a
610    certified arbitrator unless a certified arbitrator is not
611    available within 50 miles of the dispute. The department shall
612    adopt rules of procedure to govern such arbitration hearings
613    including mediation incident thereto. The decision of an
614    arbitrator is final; however, a decision is not deemed final
615    agency action. Nothing in this provision shall be construed to
616    foreclose parties from proceeding in a trial de novo unless the
617    parties have agreed that the arbitration is binding. If judicial
618    proceedings are initiated, the final decision of the arbitrator
619    is admissible in evidence in the trial de novo.
620(a)     Before the institution of court litigation, a party to
621    a dispute, other than an election or recall dispute, must shall
622    either petition the division for nonbinding arbitration or
623    request that the case be referred to mediation initiate presuit
624    mediation as provided in subsection (5). Arbitration is binding
625    on the parties if all parties in arbitration agree to be bound
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626    in a writing filed in arbitration. The petition must be
627    accompanied by a filing fee in the amount of $50. Filing fees
628    collected under this section must be used to defray the expenses
629    of the alternative dispute resolution program.
630(h)     Mediation proceedings must generally be conducted in
631    accordance with the Florida Rules of Civil Procedure, and these
632    proceedings are privileged and confidential to the same extent
633    as court-ordered mediation. Persons who are not parties to the
634    dispute are not allowed to attend the mediation conference
635    without the consent of all parties, with the exception of
636    counsel for the parties and corporate representatives designated
637    to appear for a party. If the mediator declares an impasse after
638    a mediation conference has been held, the arbitration proceeding
639    terminates, unless all parties agree in writing to continue the
640    arbitration proceeding, in which case the arbitrator's decision
641    shall be binding or nonbinding, as agreed upon by the parties;
642    in the arbitration proceeding, the arbitrator shall not consider
643    any evidence relating to the unsuccessful mediation except in a
644    proceeding to impose sanctions for failure to appear at the
645    mediation conference. If the parties do not agree to continue
646    arbitration, the arbitrator shall enter an order of dismissal,
647    and either party may institute a suit in a community association
648    court program under s. 720.32 or a court of competent
649    jurisdiction. The parties may seek to recover any costs and
650    attorney fees incurred in connection with arbitration and
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651    mediation proceedings under this section as part of the costs
652    and fees that may be recovered by the prevailing party in any
653    subsequent litigation.
654(k)     The arbitration decision shall be rendered within 30
655    days after the hearing and presented to the parties in writing.
656    An arbitration decision is final in those disputes in which the
657    parties have agreed to be bound. An arbitration decision is also
658    final if a complaint for a trial de novo is not filed in a
659    community association court program under s. 720.32 or a court
660    of competent jurisdiction in which the condominium is located
661    within 30 days. The right to file for a trial de novo entitles
662    the parties to file a complaint in the appropriate trial court
663    for a judicial resolution of the dispute. The prevailing party
664    in an arbitration proceeding shall be awarded the costs of the
665    arbitration and reasonable attorney fees in an amount determined
666    by the arbitrator. Such an award shall include the costs and
667    reasonable attorney fees incurred in the arbitration proceeding
668    as well as the costs and reasonable attorney fees incurred in
669    preparing for and attending any scheduled mediation. An
670    arbitrator's failure to render a written decision within 30 days
671    after the hearing may result in the cancellation of his or her
672    arbitration certification.
673(m)     Any party to an arbitration proceeding may enforce an
674    arbitration award by filing a petition in a community
675    association court program under s. 720.32 or a court of
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676    competent jurisdiction in which the condominium is located. A
677    petition may not be granted unless the time for appeal by the
678    filing of a complaint for trial de novo has expired. If a
679    complaint for a trial de novo has been filed, a petition may not
680    be granted with respect to an arbitration award that has been
681    stayed. If the petition for enforcement is granted, the
682    petitioner shall recover reasonable attorney fees and costs
683    incurred in enforcing the arbitration award. A mediation
684    settlement may also be enforced through the county or circuit
685    court or a community association court program, as applicable,
686    and any costs and fees incurred in the enforcement of a
687    settlement agreement reached at mediation must be awarded to the
688    prevailing party in any enforcement action.
689(5)     PRESUIT MEDIATION.—In lieu of the initiation of
690    nonbinding arbitration as provided in subsections (1)-(4), a
691    party may submit a dispute to presuit mediation in accordance
692    with s. 720.311; however, election and recall disputes are not
693    eligible for mediation and such disputes must be arbitrated by
694    the division or filed in a court of competent jurisdiction.
695Section 7.  Subsection (7) of section 718.128, Florida
696    Statutes, is amended to read:
697718.128       Electronic voting.—The association may conduct
698    elections and other unit owner votes through an Internet-based
699    online voting system if a unit owner consents, electronically or
700    in writing, to online voting and if the following requirements
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701    are met:
702(7)(a)       Unless the association has adopted electronic
703    voting in accordance with subsections (1)-(6), the association
704    must designate an e-mail address, independent website,
705    application, or Internet web portal for receipt of
706    electronically transmitted ballots. Electronically transmitted
707    ballots must meet all the requirements of this subsection.
708(b)      A unit owner may electronically transmit a ballot to
709    the e-mail address, independent website, application, or
710    Internet web portal designated by the association without
711    complying with s. 718.112(2)(d)3. s. 718.112(2)(d)4. or the
712    rules providing for the secrecy of ballots adopted by the
713    division. The association must count completed ballots that are
714    electronically transmitted to the designated e-mail address,
715    independent website, application, or Internet web portal,
716    provided the completed ballots comply with the requirements of
717    this subsection.
718(c)      A ballot that is electronically transmitted to the
719    association must include all of the following:
7201.      A space for the unit owner to type in his or her unit
721    number.
7222.      A space for the unit owner to type in his or her first
723    and last name, which also functions as the signature of the unit
724    owner for purposes of signing the ballot.
7253.      The following statement in capitalized letters and in a
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726    font size larger than any other font size used in the electronic
727    transmission e-mail from the association to the unit owner:
728
729WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU
730DO NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN
731ORDER TO VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT
732THROUGH ELECTRONIC MEANS E-MAIL TO THE ASSOCIATION,
733YOU WAIVE THE SECRECY OF YOUR COMPLETED BALLOT. IF YOU
734DO NOT WISH TO WAIVE YOUR SECRECY BUT WISH TO
735PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF THIS
736BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING
737WHICH THE MATTER WILL BE VOTED ON.
738
739(d)     A unit owner must transmit his or her completed ballot
740    to the e-mail address, independent website, application, or
741    Internet web portal designated by the association no later than
742    the scheduled date and time of the meeting during which the
743    matter is being voted on.
744(e)     There is a rebuttable presumption that an association
745    has reviewed all folders associated with the e-mail address,
746    independent website, application, or Internet web portal
747    designated by the association to receive ballots if a board
748    member, an officer, or an agent of the association, or a manager
749    licensed under part VIII of chapter 468, provides a sworn
750    affidavit attesting to such review.
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751Section 8.  Subsections (19) through (29) of section
752    719.103, Florida Statutes, are renumbered as subsections (20)
753    through (30), respectively, and a new subsection (19) is added
754    to that section to read:
755719.103  Definitions.—As used in this chapter:
756(19)        "Habitable" means a space in a building for living,
757    sleeping, eating, or cooking. Garages, carports, and storage or
758    utility spaces are not considered habitable.
759Section 9.  Paragraph (k) of subsection (1) of section
760    719.106, Florida Statutes, is amended to read:
761719.106  Bylaws; cooperative ownership.—
762(1)      MANDATORY PROVISIONS.—The bylaws or other cooperative
763    documents shall provide for the following, and if they do not,
764    they shall be deemed to include the following:
765(k)      Structural integrity reserve study.—
7661.      A residential cooperative association must have a
767    structural integrity reserve study completed at least every 10
768    years for each building on the cooperative property that is
769    three habitable stories or higher in height, as determined by
770    the Florida Building Code, that includes, at a minimum, a study
771    of the following items as related to the structural integrity
772    and safety of the building:
773a.      Roof.
774b.      Structure, including load-bearing walls and other
775    primary structural members and primary structural systems as
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776    those terms are defined in s. 627.706.
777c.      Fireproofing and fire protection systems.
778d.      Plumbing.
779e.      Electrical systems.
780f.      Waterproofing and exterior painting.
781g.      Windows and exterior doors.
782h.      Any other item that has a deferred maintenance expense
783    or replacement cost that exceeds $25,000 or the inflation-
784    adjusted amount determined by the division under subparagraph
785    (j)6., whichever is greater, and the failure to replace or
786    maintain such item negatively affects the items listed in sub-
787    subparagraphs a.-g., as determined by the visual inspection
788    portion of the structural integrity reserve study.
7892.      A structural integrity reserve study is based on a
790    visual inspection of the cooperative property.
7913.a.        A structural integrity reserve study, including the
792    visual inspection portion of the structural integrity reserve
793    study, must be performed or verified by an engineer licensed
794    under chapter 471, an architect licensed under chapter 481, or a
795    person certified as a reserve specialist or professional reserve
796    analyst by the Community Associations Institute or the
797    Association of Professional Reserve Analysts.
798b.      Any design professional as defined in s. 558.002(7) or
799    contractor licensed under chapter 489 who bids to perform a
800    structural integrity reserve study must disclose in writing to
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801    the association his or her intent to bid on any services related
802    to any maintenance, repair, or replacement that may be
803    recommended by the structural integrity reserve study. Any
804    design professional as defined in s. 558.002 or contractor
805    licensed under chapter 489 who submits a bid to the association
806    for performing any services recommended by the structural
807    integrity reserve study may not have an interest, directly or
808    indirectly, in the firm or entity providing the association's
809    structural integrity reserve study or be a relative of any
810    person having a direct or indirect interest in such firm, unless
811    such relationship is disclosed to the association in writing. As
812    used in this section, the term "relative" means a relative
813    within the third degree of consanguinity by blood or marriage. A
814    contract for services is voidable and terminates upon the
815    association filing a written notice terminating the contract if
816    the design professional or licensed contractor failed to provide
817    the written disclosure of the relationship required under this
818    paragraph. A design professional or licensed contractor may be
819    subject to discipline under the applicable practice act for his
820    or her profession for failure to provide the written disclosure
821    of the relationship required under this subparagraph.
8224.a.        At a minimum, a structural integrity reserve study
823    must identify each item of the cooperative property being
824    visually inspected, state the estimated remaining useful life
825    and the estimated replacement cost or deferred maintenance
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826    expense of each item of the cooperative property being visually
827    inspected, and provide a reserve funding schedule with a
828    recommended annual reserve amount that achieves the estimated
829    replacement cost or deferred maintenance expense of each item of
830    cooperative property being visually inspected by the end of the
831    estimated remaining useful life of the item. The structural
832    integrity reserve study may recommend that reserves do not need
833    to be maintained for any item for which an estimate of useful
834    life and an estimate of replacement cost cannot be determined,
835    or the study may recommend a deferred maintenance expense amount
836    for such item. At a minimum, the structural integrity reserve
837    study must include a recommendation for a reserve funding
838    schedule based on a baseline funding plan that provides a
839    reserve funding goal in which the reserve funding for each
840    budget year is sufficient to maintain the reserve cash balance
841    above zero. The study may recommend other types of reserve
842    funding schedules, provided that each recommended schedule is
843    sufficient to meet the association's maintenance obligation.
844b.      The structural integrity reserve study may recommend
845    that reserves for replacement costs do not need to be maintained
846    for any item with an estimated remaining useful life of greater
847    than 25 years, but the study may recommend a deferred
848    maintenance expense amount for such item. If the structural
849    integrity reserve study recommends reserves for any item for
850    which reserves are not required under this paragraph, the amount
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851    of the recommended reserves for such item must be separately
852    identified in the structural integrity reserve study as an item
853    for which reserves are not required under this paragraph.
854c.      The structural integrity reserve study must take into
855    consideration the funding method or methods used by the
856    association to fund its maintenance and reserve funding
857    obligations through regular assessments, special assessments,
858    lines of credit, or loans. If the structural integrity reserve
859    study is performed before the association has approved a special
860    assessment or secured a line of credit or a loan, the structural
861    integrity reserve study must be updated to reflect the funding
862    method selected by the association and its effect on the reserve
863    funding schedule, including any anticipated change in the amount
864    of regular assessments. The structural integrity reserve study
865    may be updated to reflect any changes to the useful life of the
866    reserve items after such items are repaired or replaced, and the
867    effect such repair or replacement will have on the reserve
868    funding schedule. The association must obtain an updated
869    structural integrity reserve study before adopting any budget in
870    which the reserve funding from regular assessments, special
871    assessments, lines of credit, or loans does not align with the
872    funding plan from the most recent version of the structural
873    integrity reserve study.
8745.      This paragraph does not apply to buildings less than
875    three habitable stories in height; single-family, two-family,
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876    three-family, or four-family dwellings with three or fewer
877    habitable stories above ground; any portion or component of a
878    building that has not been submitted to the cooperative form of
879    ownership; or any portion or component of a building that is
880    maintained by a party other than the association.
8816.      Before a developer turns over control of an association
882    to unit owners other than the developer, the developer must have
883    a turnover inspection report in compliance with s. 719.301(4)(p)
884    and (q) for each building on the cooperative property that is
885    three stories or higher in height.
8867.      Associations existing on or before July 1, 2022, which
887    are controlled by unit owners other than the developer, must
888    have a structural integrity reserve study completed by December
889    31, 2024, for each building on the cooperative property that is
890    three habitable stories or higher in height. An association that
891    is required to complete a milestone inspection on or before
892    December 31, 2026, in accordance with s. 553.899 may complete
893    the structural integrity reserve study simultaneously with the
894    milestone inspection. In no event may the structural integrity
895    reserve study be completed after December 31, 2026.
8968.      If the milestone inspection required by s. 553.899, or
897    an inspection completed for a similar local requirement, was
898    performed within the past 5 years and meets the requirements of
899    this paragraph, such inspection may be used in place of the
900    visual inspection portion of the structural integrity reserve
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901    study.
9029.      If the association completes a milestone inspection
903    required by s. 553.899, or an inspection completed for a similar
904    local requirement, the association may delay performance of a
905    required structural integrity reserve study for no more than the
906    2 consecutive budget years immediately following the milestone
907    inspection in order to allow the association to focus its
908    financial resources on completing the repair and maintenance
909    recommendations of the milestone inspection.
91010.     If the officers or directors of an association
911    willfully and knowingly fail to complete a structural integrity
912    reserve study pursuant to this paragraph, such failure is a
913    breach of an officer's and director's fiduciary relationship to
914    the unit owners under s. 719.104(9). An officer or a director of
915    the association must sign an affidavit acknowledging receipt of
916    the completed structural integrity reserve study.
91711.     Within 45 days after receiving the structural
918    integrity reserve study, the association must distribute a copy
919    of the study to each unit owner or deliver to each unit owner a
920    notice that the completed study is available for inspection and
921    copying upon a written request. Distribution of a copy of the
922    study or notice must be made by United States mail or personal
923    delivery at the mailing address, property address, or any other
924    address of the owner provided to fulfill the association's
925    notice requirements under this chapter, or by electronic
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926    transmission to the e-mail address or facsimile number provided
927    to fulfill the association's notice requirements to unit owners
928    who previously consented to receive notice by electronic
929    transmission.
93012.     Within 45 days after receiving the structural
931    integrity reserve study, the association must provide the
932    division with a statement indicating that the study was
933    completed and that the association provided or made available
934    such study to each unit owner in accordance with this section.
935    Such statement must be provided to the division in the manner
936    established by the division using a form posted on the
937    division's website.
93813.     The division shall adopt by rule the form for the
939    structural integrity reserve study in coordination with the
940    Florida Building Commission.
941Section 10.  Subsections (8) through (13) of section
942    720.301, Florida Statutes, are renumbered as subsections (9)
943    through (14), respectively, and a new subsection (8) is added to
944    that section, to read:
945720.301       Definitions.—As used in this chapter, the term:
946(8)     "Financial statements" means a comprehensive report
947    prepared in accordance with generally accepted accounting
948    principles which accurately reflects the financial condition and
949    operation of a homeowners' association for a specified reporting
950    period. This report must include, at a minimum, a balance sheet;
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951    an income and expense statement; a budget comparison; and a
952    complete set of bank statements, including copies of check
953    images for all disbursements the association made during the
954    reporting period, for each bank account belonging to the
955    association.
956Section 11.  Subsection (2) of section 720.302, Florida
957    Statutes, is amended to read:
958720.302       Purposes, scope, and application.—
959(2)     The Legislature recognizes that it is not in the best
960    interest of homeowners' associations or the individual
961    association members thereof to create or impose a bureau or
962    other agency of state government to regulate the affairs of
963    homeowners' associations. However, in accordance with s.
964    720.311, the Legislature finds that homeowners' associations and
965    their individual members will benefit from an expedited
966    alternative process for resolution of election and recall
967    disputes and presuit mediation of other disputes involving
968    covenant enforcement and authorizes the department to hear,
969    administer, and determine these disputes as more fully set forth
970    in this chapter. Further, the Legislature recognizes that
971    certain contract rights have been created for the benefit of
972    homeowners' associations and members thereof before the
973    effective date of this act and that ss. 720.301-720.407 are not
974    intended to impair such contract rights, including, but not
975    limited to, the rights of the developer to complete the
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976     community as initially contemplated.
977Section 12.  Subsections (11) through (15) of section
978     720.303, Florida Statutes, are renumbered as subsections (12)
979     through (16), respectively, subsection (1) and paragraph (i) of
980     subsection (5) are amended, and a new subsection (11) is added
981     to that section, to read:
982720.303       Association powers and duties; meetings of board;
983     official records; budgets; financial reporting; association
984     funds; recalls.—
985(1)     POWERS AND DUTIES.—
986(a)     An association that operates a community as defined in
987     s. 720.301 must be operated by an association that is a Florida
988     corporation. After October 1, 1995, the association must be
989     incorporated and the initial governing documents must be
990     recorded in the official records of the county in which the
991     community is located. An association may operate more than one
992     community.
993(b)     The officers and directors of an association are
994     subject to s. 617.0830 and have a fiduciary relationship to the
995     members who are served by the association.
996(c)     The powers and duties of an association include those
997     set forth in this chapter and, except as expressly limited or
998     restricted in this chapter, those set forth in the governing
999     documents.
1000  1.      Each association formed on or after July 1, 2026, must
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1001      include the following statement in the governing documents:
1002
1003  This association and the association's governing
1004  documents are governed by the Florida Homeowners'
1005  Association Act, as amended from time to time.
1006
1007  2.      By January 1, 2027, each association in existence
1008      before July 1, 2026, must hold a meeting of the members in
1009      accordance with s. 720.306 to vote whether to amend the
1010      governing documents of the association to include the statement
1011      in subparagraph 1. The association must obtain the affirmative
1012      approval of two-thirds of the voting interests of the
1013      association at a meeting of the membership at which a quorum has
1014      been attained in order to amend the governing documents under
1015      this subparagraph.
1016  (d)     After control of the association is obtained by
1017      members other than the developer, the association may institute,
1018      maintain, settle, or appeal actions or hearings in its name on
1019      behalf of all members concerning matters of common interest to
1020      the members, including, but not limited to, the common areas;
1021      roof or structural components of a building, or other
1022      improvements for which the association is responsible;
1023      mechanical, electrical, or plumbing elements serving an
1024      improvement or building for which the association is
1025      responsible; representations of the developer pertaining to any
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1026      existing or proposed commonly used facility; and protest of ad
1027      valorem taxes on commonly used facilities. The association may
1028      defend actions in eminent domain or bring inverse condemnation
1029      actions. Before commencing litigation against any party in the
1030      name of the association involving amounts in controversy in
1031      excess of $100,000, the association must obtain the affirmative
1032      approval of a majority of the voting interests at a meeting of
1033      the membership at which a quorum has been attained. This
1034      paragraph subsection does not limit any statutory or common-law
1035      right of any individual member or class of members to bring any
1036      action without participation by the association.
1037  (e)     A member does not have authority to act for the
1038      association by virtue of being a member. An association may have
1039      more than one class of members and may issue membership
1040      certificates.
1041  (f)     An association of 15 or fewer parcel owners may
1042      enforce only the requirements of those deed restrictions
1043      established prior to the purchase of each parcel upon an
1044      affected parcel owner or owners.
1045  (5)     INSPECTION AND COPYING OF RECORDS.—
1046  (i)1.       If an association receives a subpoena or written
1047      request for records from a prosecuting agency as defined in s.
1048      112.531 or a law enforcement agency, the association must
1049      provide a copy of such records or otherwise make the records
1050      available for inspection and copying to a law enforcement agency
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1051      or prosecuting agency within 5 business days after receipt of
1052      the subpoena or written request, unless otherwise specified by
1053      the law enforcement agency, prosecuting agency, or subpoena, or
1054      written request. An association must assist a law enforcement
1055      agency in its investigation to the extent permissible by law.
1056  2.      A director or member of the board or association or a
1057      community association manager who willfully and knowingly fails
1058      to provide a copy of records, or otherwise fails to make the
1059      records available for inspection and copying, to a law
1060      enforcement agency or prosecuting agency as required under
1061      subparagraph 1. commits a misdemeanor of the second degree,
1062      punishable as provided in s. 775.082 or s. 775.083.
1063  (11)        CONFLICTS OF INTEREST.—
1064  (a)     A director, an officer, or a committee member of an
1065      association owes a duty of loyalty to the association and its
1066      members.
1067  (b)     A conflict of interest exists when a director, an
1068      officer, or a committee member has a direct or an indirect
1069      financial interest in a transaction, contract, or decision under
1070      consideration by the association.
1071  (c)     The director, officer, or committee member with a
1072      conflict of interest must disclose the nature and extent of the
1073      conflict in writing to the board before any discussion or vote
1074      occurs on the matter.
1075  (d)     After disclosure of the conflict of interest, the
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1076      conflicted director, officer, or committee member may not
1077      participate in any discussion or vote on the matter.
1078  (e)      A transaction involving a conflict of interest is
1079      voidable by the association unless the transaction was approved
1080      by a majority of the voting interests of the association after
1081      full disclosure by the conflicted director, officer, or
1082      committee member has occurred.
1083  (f)      Compensating or contracting with a director, an
1084      officer, or a committee member of the association, or an
1085      immediate family member thereof, creates a rebuttable
1086      presumption that a conflict of interest exists.
1087  (g)      This subsection may not be waived or limited by the
1088      governing documents of the association.
1089  Section 13.  Paragraph (b) of subsection (1) of section
1090      720.3035, Florida Statutes, is amended to read:
1091  720.3035  Architectural control covenants; parcel owner
1092      improvements; rights and privileges.—
1093  (1)
1094  (b)      An association or any architectural, construction
1095      improvement, or other such similar committee of an association
1096      may not enforce or adopt a covenant, rule, or guideline that:
1097  1.      Limits or places requirements on the interior of a
1098      structure that is not visible from the parcel's frontage or an
1099      adjacent parcel, an adjacent common area, or a community golf
1100      course.
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1101  2.      Requires the review and approval of plans and
1102      specifications for a central air-conditioning, refrigeration,
1103      heating, or ventilating system by the association or any
1104      architectural, construction improvement, or other such similar
1105      committee of an association, if such system is not visible from
1106      the parcel's frontage, an adjacent parcel, an adjacent common
1107      area, or a community golf course and is substantially similar to
1108      a system that is approved or recommended by the association or a
1109      committee thereof.
1110  3.      Requires that a specific type of material be used on
1111      the building or rebuilding of a roof, provided the built or
1112      rebuilt roof appears to be substantially identical in shape and
1113      color to the roofing requirements created by the association or
1114      any architectural, construction improvement, or other similar
1115      committee of the association and that such roofing materials
1116      adhere to the roof systems recognized by the Florida Building
1117      Code which meet ASCE 7-22 standards pursuant to paragraph
1118      (6)(c).
1119  Section 14.  Paragraph (h) of subsection (1) of section
1120      720.306, Florida Statutes, is amended to read:
1121  720.306       Meetings of members; voting and election
1122      procedures; amendments.—
1123  (1)      QUORUM; AMENDMENTS.—
1124  (h)1.       Except as otherwise provided in this paragraph, any
1125      governing document, or amendment to a governing document, that
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1126      is enacted after July 1, 2021, and that prohibits or regulates
1127      rental agreements applies only to a parcel owner who acquires
1128      title to the parcel after the effective date of the governing
1129      document or amendment, or to a parcel owner who consents,
1130      individually or through a representative, to the governing
1131      document or amendment.
1132  2.      Notwithstanding subparagraph 1., an association may
1133      amend its governing documents to prohibit or regulate rental
1134      agreements for a term of less than 6 months and may prohibit the
1135      rental of a parcel for more than three times in a calendar year,
1136      and such amendments shall apply to all parcel owners.
1137  3.      This paragraph does not affect the amendment
1138      restrictions for associations of 15 or fewer parcel owners under
1139      s. 720.303(1)(f) s. 720.303(1).
1140  4.      For purposes of this paragraph, a change of ownership
1141      does not occur when a parcel owner conveys the parcel to an
1142      affiliated entity, when beneficial ownership of the parcel does
1143      not change, or when an heir becomes the parcel owner. For
1144      purposes of this subparagraph, the term "affiliated entity"
1145      means an entity that controls, is controlled by, or is under
1146      common control with the parcel owner or that becomes a parent or
1147      successor entity by reason of transfer, merger, consolidation,
1148      public offering, reorganization, dissolution or sale of stock,
1149      or transfer of membership partnership interests. For a
1150      conveyance to be recognized as one made to an affiliated entity,
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1151      the entity must furnish to the association a document certifying
1152      that this subparagraph applies and provide any organizational
1153      documents for the parcel owner and the affiliated entity which
1154      support the representations in the certificate, as requested by
1155      the association.
1156  5.      For purposes of this paragraph, a change of ownership
1157      does occur when, with respect to a parcel owner that is a
1158      business entity, every person that owned an interest in the real
1159      property at the time of the enactment of the amendment or rule
1160      conveys their interest in the real property to an unaffiliated
1161      entity.
1162  Section 15.  Paragraph (g) is added to subsection (3) of
1163      section 720.3075, Florida Statutes, to read:
1164  720.3075  Prohibited clauses in association documents.—
1165  (3)     Homeowners' association documents, including
1166      declarations of covenants, articles of incorporation, or bylaws,
1167      may not preclude:
1168  (g)     A property owner from using any type of building
1169      material to build or rebuild his or her roof, provided the built
1170      or rebuilt roof appears to be substantially identical in shape
1171      and color to the roofing requirements created by the association
1172      or any architectural, construction improvement, or other similar
1173      committee of the association and that such roofing materials
1174      adhere to the roof systems recognized by the Florida Building
1175      Code which meet ASCE 7-22 standards pursuant to paragraph
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1176      (6)(c).
1177  Section 16.  Section 720.311, Florida Statutes, is amended
1178      to read:
1179  720.311       Dispute resolution.—
1180  (1)     The Legislature finds that alternative dispute
1181      resolution has made progress in reducing court dockets and
1182      trials and in offering a more efficient, cost-effective option
1183      to litigation. The filing of any petition for arbitration tolls
1184      or the serving of a demand for presuit mediation as provided for
1185      in this section shall toll the applicable statute of
1186      limitations. Any recall dispute filed with the department under
1187      s. 720.303(10) must shall be conducted by the department in
1188      accordance with the provisions of ss. 718.112(2)(l) and 718.1255
1189      and the rules adopted by the division. In addition, the
1190      department shall conduct binding arbitration of election
1191      disputes between a member and an association in accordance with
1192      s. 718.1255 and rules adopted by the division. Election disputes
1193      and recall disputes are not eligible for presuit mediation;
1194      these disputes must be arbitrated by the department or filed in
1195      a court of competent jurisdiction. The arbitration proceeding
1196      must be conducted by a department arbitrator or by a private
1197      arbitrator certified by the department. At the conclusion of an
1198      arbitration proceeding, the department shall charge the parties
1199      a fee in an amount adequate to cover all costs and expenses
1200      incurred by the department in conducting the proceeding.
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1201      Initially, the petitioner shall remit a filing fee of at least
1202      $200 to the department. The fees paid to the department shall
1203      become a recoverable cost in the arbitration proceeding, and the
1204      prevailing party in an arbitration proceeding shall recover its
1205      reasonable costs and attorney fees in an amount found reasonable
1206      by the arbitrator. The department shall adopt rules to
1207      effectuate the purposes of this section.
1208  (2)(a)       Disputes between an association and a parcel owner
1209      regarding use of or changes to the parcel or the common areas
1210      and other covenant enforcement disputes, disputes regarding
1211      amendments to the association documents, disputes regarding
1212      meetings of the board and committees appointed by the board,
1213      membership meetings not including election meetings, and access
1214      to the official records of the association shall be the subject
1215      of a demand for presuit mediation served by an aggrieved party
1216      before the dispute is filed in court. Presuit mediation
1217      proceedings must be conducted in accordance with the applicable
1218      Florida Rules of Civil Procedure, and these proceedings are
1219      privileged and confidential to the same extent as court-ordered
1220      mediation. Disputes subject to presuit mediation under this
1221      section shall not include the collection of any assessment,
1222      fine, or other financial obligation, including attorney's fees
1223      and costs, claimed to be due or any action to enforce a prior
1224      mediation settlement agreement between the parties. Also, in any
1225      dispute subject to presuit mediation under this section where
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1226      emergency relief is required, a motion for temporary injunctive
1227      relief may be filed with the court without first complying with
1228      the presuit mediation requirements of this section. After any
1229      issues regarding emergency or temporary relief are resolved, the
1230      court may either refer the parties to a mediation program
1231      administered by the courts or require mediation under this
1232      section. An arbitrator or judge may not consider any information
1233      or evidence arising from the presuit mediation proceeding except
1234      in a proceeding to impose sanctions for failure to attend a
1235      presuit mediation session or to enforce a mediated settlement
1236      agreement. Persons who are not parties to the dispute may not
1237      attend the presuit mediation conference without the consent of
1238      all parties, except for counsel for the parties and a corporate
1239      representative designated by the association. When mediation is
1240      attended by a quorum of the board, such mediation is not a board
1241      meeting for purposes of notice and participation set forth in s.
1242      720.303. An aggrieved party shall serve on the responding party
1243      a written demand to participate in presuit mediation in
1244      substantially the following form:
1245  STATUTORY OFFER TO PARTICIPATE
1246  IN PRESUIT MEDIATION
1247  The alleged aggrieved party, ................, hereby
1248  demands that ................, as the responding
1249  party, engage in mandatory presuit mediation in
1250  connection with the following disputes, which by
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1251  statute are of a type that are subject to presuit
1252  mediation:
1253  (List specific nature of the dispute or disputes to be
1254  mediated and the authority supporting a finding of a
1255  violation as to each dispute.)
1256  Pursuant to section 720.311, Florida Statutes, this
1257  demand to resolve the dispute through presuit
1258  mediation is required before a lawsuit can be filed
1259  concerning the dispute. Pursuant to the statute, the
1260  parties are required to engage in presuit mediation
1261  with a neutral third-party mediator in order to
1262  attempt to resolve this dispute without court action,
1263  and the aggrieved party demands that you likewise
1264  agree to this process. If you fail to participate in
1265  the mediation process, suit may be brought against you
1266  without further warning.
1267  The process of mediation involves a supervised
1268  negotiation process in which a trained, neutral third-
1269  party mediator meets with both parties and assists
1270  them in exploring possible opportunities for resolving
1271  part or all of the dispute. By agreeing to participate
1272  in presuit mediation, you are not bound in any way to
1273  change your position. Furthermore, the mediator has no
1274  authority to make any decisions in this matter or to
1275  determine who is right or wrong and merely acts as a
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1276  facilitator to ensure that each party understands the
1277  position of the other party and that all options for
1278  reasonable settlement are fully explored.
1279  If an agreement is reached, it shall be reduced to
1280  writing and becomes a binding and enforceable
1281  commitment of the parties. A resolution of one or more
1282  disputes in this fashion avoids the need to litigate
1283  these issues in court. The failure to reach an
1284  agreement, or the failure of a party to participate in
1285  the process, results in the mediator declaring an
1286  impasse in the mediation, after which the aggrieved
1287  party may proceed to court on all outstanding,
1288  unsettled disputes. If you have failed or refused to
1289  participate in the entire mediation process, you will
1290  not be entitled to recover attorney's fees, even if
1291  you prevail.
1292  The aggrieved party has selected and hereby lists five
1293  certified mediators who we believe to be neutral and
1294  qualified to mediate the dispute. You have the right
1295  to select any one of these mediators. The fact that
1296  one party may be familiar with one or more of the
1297  listed mediators does not mean that the mediator
1298  cannot act as a neutral and impartial facilitator. Any
1299  mediator who cannot act in this capacity is required
1300  ethically to decline to accept engagement. The
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1301  mediators that we suggest, and their current hourly
1302  rates, are as follows:
1303  (List the names, addresses, telephone numbers, and
1304  hourly rates of the mediators. Other pertinent
1305  information about the background of the mediators may
1306  be included as an attachment.)
1307  You may contact the offices of these mediators to
1308  confirm that the listed mediators will be neutral and
1309  will not show any favoritism toward either party. The
1310  Florida Supreme Court can provide you a list of
1311  certified mediators.
1312  Unless otherwise agreed by the parties, section
1313  720.311(2)(b), Florida Statutes, requires that the
1314  parties share the costs of presuit mediation equally,
1315  including the fee charged by the mediator. An average
1316  mediation may require three to four hours of the
1317  mediator's time, including some preparation time, and
1318  the parties would need to share equally the mediator's
1319  fees as well as their own attorney's fees if they
1320  choose to employ an attorney in connection with the
1321  mediation. However, use of an attorney is not required
1322  and is at the option of each party. The mediators may
1323  require the advance payment of some or all of the
1324  anticipated fees. The aggrieved party hereby agrees to
1325  pay or prepay one-half of the mediator's estimated
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1326  fees and to forward this amount or such other
1327  reasonable advance deposits as the mediator requires
1328  for this purpose. Any funds deposited will be returned
1329  to you if these are in excess of your share of the
1330  fees incurred.
1331  To begin your participation in presuit mediation to
1332  try to resolve the dispute and avoid further legal
1333  action, please sign below and clearly indicate which
1334  mediator is acceptable to you. We will then ask the
1335  mediator to schedule a mutually convenient time and
1336  place for the mediation conference to be held. The
1337  mediation conference must be held within ninety (90)
1338  days of this date, unless extended by mutual written
1339  agreement. In the event that you fail to respond
1340  within 20 days from the date of this letter, or if you
1341  fail to agree to at least one of the mediators that we
1342  have suggested or to pay or prepay to the mediator
1343  one-half of the costs involved, the aggrieved party
1344  will be authorized to proceed with the filing of a
1345  lawsuit against you without further notice and may
1346  seek an award of attorney's fees or costs incurred in
1347  attempting to obtain mediation.
1348  Therefore, please give this matter your immediate
1349  attention. By law, your response must be mailed by
1350  certified mail, return receipt requested, and by
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1351  first-class mail to the address shown on this demand.
1352  ........................
1353  ........................
1354  RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR
1355  AGREEMENT TO THAT CHOICE.
1356  AGREEMENT TO MEDIATE
1357  The undersigned hereby agrees to participate in
1358  presuit mediation and agrees to attend a mediation
1359  conducted by the following mediator or mediators who
1360  are listed above as someone who would be acceptable to
1361  mediate this dispute:
1362  (List acceptable mediator or mediators.)
1363  I/we further agree to pay or prepay one-half of the
1364  mediator's fees and to forward such advance deposits
1365  as the mediator may require for this purpose.
1366  ........................
1367  Signature of responding party #1
1368  ........................
1369  Telephone contact information
1370  ........................
1371  Signature and telephone contact information of
1372  responding party #2 (if applicable)(if property is
1373  owned by more than one person, all owners must sign)
1374  (b)     Service of the statutory demand to participate in
1375      presuit mediation shall be effected by sending a letter in
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1376      substantial conformity with the above form by certified mail,
1377      return receipt requested, with an additional copy being sent by
1378      regular first-class mail, to the address of the responding party
1379      as it last appears on the books and records of the association.
1380      The responding party has 20 days from the date of the mailing of
1381      the statutory demand to serve a response to the aggrieved party
1382      in writing. The response shall be served by certified mail,
1383      return receipt requested, with an additional copy being sent by
1384      regular first-class mail, to the address shown on the statutory
1385      demand. Notwithstanding the foregoing, once the parties have
1386      agreed on a mediator, the mediator may reschedule the mediation
1387      for a date and time mutually convenient to the parties. The
1388      parties shall share the costs of presuit mediation equally,
1389      including the fee charged by the mediator, if any, unless the
1390      parties agree otherwise, and the mediator may require advance
1391      payment of its reasonable fees and costs. The failure of any
1392      party to respond to a demand or response, to agree upon a
1393      mediator, to make payment of fees and costs within the time
1394      established by the mediator, or to appear for a scheduled
1395      mediation session without the approval of the mediator, shall
1396      constitute the failure or refusal to participate in the
1397      mediation process and shall operate as an impasse in the presuit
1398      mediation by such party, entitling the other party to proceed in
1399      court and to seek an award of the costs and fees associated with
1400      the mediation. Additionally, notwithstanding the provisions of
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1401      any other law or document, persons who fail or refuse to
1402      participate in the entire mediation process may not recover
1403      attorney's fees and costs in subsequent litigation relating to
1404      the dispute. If any presuit mediation session cannot be
1405      scheduled and conducted within 90 days after the offer to
1406      participate in mediation was filed, an impasse shall be deemed
1407      to have occurred unless both parties agree to extend this
1408      deadline.
1409  (2)(c)       In If presuit mediation as described in paragraph
1410      (a) is not successful in resolving all issues between the
1411      parties, the parties may file the unresolved dispute in a court
1412      of competent jurisdiction or elect to enter into binding or
1413      nonbinding arbitration pursuant to the procedures set forth in
1414      s. 718.1255 and rules adopted by the division, with the
1415      arbitration proceeding to be conducted by a department
1416      arbitrator or by a private arbitrator certified by the
1417      department. If all parties do not agree to arbitration
1418      proceedings following an unsuccessful presuit mediation, any
1419      party may file the dispute in court. A final order resulting
1420      from nonbinding arbitration is final and enforceable in the
1421      courts if a complaint for trial de novo is not filed in a court
1422      of competent jurisdiction within 30 days after entry of the
1423      order. As to any issue or dispute that is not resolved at
1424      arbitration presuit mediation, and as to any issue that is
1425      settled at arbitration presuit mediation but is thereafter
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1426      subject to an action seeking enforcement of the mediation
1427      settlement, the prevailing party in any subsequent arbitration
1428      or litigation proceeding may shall be entitled to seek recovery
1429      of all costs and attorney attorney's fees incurred in the
1430      arbitration presuit mediation process.
1431  (3)(d)       An A mediator or arbitrator is shall be authorized
1432      to conduct mediation or arbitration under this section only if
1433      he or she has been certified as a circuit court civil mediator
1434      or arbitrator, respectively, pursuant to the requirements
1435      established by the Florida Supreme Court. Settlement agreements
1436      resulting from mediation shall not have precedential value in
1437      proceedings involving parties other than those participating in
1438      the mediation to support either a claim or defense in other
1439      disputes.
1440  (e)     The presuit mediation procedures provided by this
1441      subsection may be used by a Florida corporation responsible for
1442      the operation of a community in which the voting members are
1443      parcel owners or their representatives, in which membership in
1444      the corporation is not a mandatory condition of parcel
1445      ownership, or which is not authorized to impose an assessment
1446      that may become a lien on the parcel.
1447  Section 17.  Section 720.319, Florida Statutes, is created
1448      to read:
1449  720.319       Dissolution of homeowners' association.—
1450  (1)     This section may be cited as the "Homeowners'
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1451      Association Dissolution and Accountability Act."
1452  (2)      The Legislature finds that:
1453  (a)      Homeowners' associations are created as authorized by
1454      general law and are subject to covenants that encumber the land
1455      and restrict the use of real property.
1456  (b)      In some circumstances, the continued enforcement of
1457      those covenants may no longer serve the homeowners' or
1458      community's interest and it is the public policy of this state
1459      to provide by general law a method to preserve the value of the
1460      property interests and the rights of alienation thereof that
1461      homeowners have in their parcels before and after termination.
1462  (c)      It is contrary to the public policy of this state to
1463      require the continued operation of a homeowners' association
1464      when such continuation is made impossible by law or regulation.
1465  (d)      It is in the best interest of this state to provide
1466      for termination of the declaration of covenants in certain
1467      circumstances in order to:
1468  1.      Prevent covenants from impairing the continued
1469      productive use of the property.
1470  2.      Provide fair treatment and just compensation for parcel
1471      owners and preserve property values and the local property tax
1472      base.
1473  3.      Preserve the state's long history of protecting
1474      homestead property rights by ensuring that such protection is
1475      extended to parcel owners whose parcel is their homestead in the
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1476      context of a termination of a declaration of covenants for an
1477      association.
1478  (3)     A homeowners' association may be terminated by a plan
1479      of termination that meets the requirements of this section and
1480      is approved by a community association court program under s.
1481      720.32.
1482  (4)     A plan of termination is subject to the following
1483      conditions:
1484  (a)     The total voting interests of the association must
1485      include all voting interests for the purpose of considering a
1486      plan of termination. A voting interest of the association may
1487      not be suspended for any reason when voting on termination under
1488      this section.
1489  (b)     If the members reject a plan of termination, a
1490      subsequent plan of termination under this section may not be
1491      considered for at least 18 months after the date of the
1492      rejection.
1493  (c)     A plan of termination must be approved by at least
1494      two-thirds of the total voting interests of the association.
1495  (d)     A parcel owner desiring to reject a plan of
1496      termination must do so by either voting in person or by proxy to
1497      reject the plan or by delivering a written objection to the
1498      association before or at the meeting called under subsection
1499      (5).
1500  (5)(a)       A parcel owner who wishes to terminate a
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1501      homeowners' association in which he or she is a member must
1502      provide to the board of administration a petition for a plan of
1503      termination that is signed by at least 50 percent of the voting
1504      members of the association. The board must notify the city in
1505      which the homeowners' association is located in writing,
1506      including, but not limited to, through e-mail, that a plan of
1507      termination has begun and hold a meeting of the members within
1508      60 days after receipt of the signed petition. A voting interest
1509      of the association may not be suspended for any reason for
1510      purposes of signing the petition or determining whether the 50
1511      percent threshold for such petition has been met under this
1512      paragraph.
1513  (b)      Notice of such meeting must be made in accordance with
1514      s. 720.303(2) and include the following information:
1515  1.      A copy of the proposed plan of dissolution.
1516  2.      An explanation of how the common areas and the assets
1517      of the association will be managed or transferred.
1518  3.      The manner in which voting will take place.
1519  (c)      If the board fails to call a meeting within the 60-day
1520      time period, any member may petition a community association
1521      court program under s. 720.32 or, if a community association
1522      court program does not exist in the judicial circuit in which
1523      the association is located, another court of competent
1524      jurisdiction for an order compelling compliance with this
1525      section.
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1526  (6)     If a plan of termination is approved, the board must
1527      submit such plan to the community association court program in
1528      the judicial circuit in which the association is located or, if
1529      a community association court program does not exist, another
1530      court of competent jurisdiction. The court shall examine the
1531      plan of termination and determine its procedural sufficiency
1532      and, within 45 days after receipt of the plan, notify the
1533      association by mail of any procedural deficiencies or that the
1534      plan is accepted. If notice is not provided within the 45-day
1535      time period, the plan of termination is deemed accepted. If the
1536      court determines that the conditions required by this section
1537      have been met and that the plan of termination complies with the
1538      procedural requirements of this section, the court must
1539      authorize the termination and the termination may proceed as
1540      authorized in this section.
1541  (7)(a)       A plan of termination and the consents or joinders
1542      of parcel owners must be recorded in the public records of each
1543      county in which any portion of the association is located. The
1544      plan is effective only upon recordation or at a later date
1545      specified in the plan.
1546  (b)     Upon recordation or at a later date specified in the
1547      plan of termination, title to the association property vests in
1548      a termination trustee. The board serves as such trustee unless
1549      another person is appointed in the plan of termination. If the
1550      board is not the termination trustee, the board must transfer
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1551      any association property to such trustee. The termination
1552      trustee is vested with the powers given by the declaration and
1553      bylaws of the association and subsection (9). If the board is
1554      unable, unwilling, or fails to act as termination trustee, a
1555      parcel owner may petition the community association court
1556      program to appoint a termination trustee.
1557  (8)     If the board fails to hold the meeting under
1558      subsection (5), obstructs the termination process, or refuses to
1559      record the decision of the members to terminate, a member may
1560      file a petition with the community association court program in
1561      the judicial circuit in which the association is located or, if
1562      a community association court program does not exist, another
1563      court of competent jurisdiction. A community association court
1564      program may do all of the following:
1565  (a)     Verify compliance with the procedural requirements of
1566      this section and all statutory voting requirements.
1567  (b)     Order the Department of State to dissolve the
1568      homeowners' association.
1569  (c)     Appoint a termination trustee to manage the
1570      distribution of assets and resolution of liabilities.
1571  (9)     The approval of the plan of termination does not
1572      terminate the board of administration, which shall continue in
1573      existence following approval of the plan of termination with all
1574      powers and duties such board had before approval of the plan.
1575      Notwithstanding any provision to the contrary in the declaration
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1576      or bylaws, after approval of the plan of termination the board
1577      must:
1578  (a)     Employ directors, agents, attorneys, and other
1579      professionals to liquidate or conclude the board's affairs.
1580  (b)     Conduct the affairs of the association as necessary
1581      for the liquidation or termination.
1582  (c)     Carry out contracts and collect, pay, and settle debts
1583      and claims for and against the association.
1584  (d)     Defend suits brought against the association.
1585  (e)     Sue in the name of the association for all sums due or
1586      owed to the association or to recover any association property.
1587  (f)     Perform any act necessary to maintain, repair, or
1588      demolish unsafe or uninhabitable improvements or other
1589      association property in compliance with applicable codes.
1590  (g)     Sell at public or private sale or exchange, convey, or
1591      otherwise dispose of assets of the association for an amount
1592      deemed to be in the best interests of the association, and
1593      execute bills of sale and deeds of conveyance in the name of the
1594      association.
1595  (h)     Collect and receive rents, profits, accounts
1596      receivable, income, maintenance fees, special assessments, or
1597      insurance proceeds for the association.
1598  (i)     Contract and do anything in the name of the
1599      association which is proper or convenient to terminate the
1600      affairs of the association.
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1601  (10)(a)       All remaining association assets after the payment
1602      of any lawful debts must be distributed equally among members or
1603      as otherwise provided in the plan of termination.
1604  (b)      A member may not be subject to personal liability for
1605      unpaid obligations beyond the member's regular assessments or
1606      special assessments that existed before the vote for
1607      termination.
1608  (11)(a)       The following actions by an association or the
1609      officers or directors thereof are unlawful:
1610  1.      Failing to call or notice a meeting after receipt of a
1611      valid petition for a plan of termination.
1612  2.      Spending association funds to campaign for or against
1613      the plan of termination.
1614  3.      Concealing any financial or property records relevant
1615      to the plan of termination.
1616  (b)      An officer or a director who violates paragraph (a) is
1617      subject to any of the following:
1618  1.      A civil penalty of up to $5,000 per violation.
1619  2.      Removal from office by court order.
1620  3.      Personal liability for legal fees incurred by the
1621      petitioners.
1622  Section 18.  Section 720.32, Florida Statutes, is created
1623      to read:
1624  720.32       Community association court program.—
1625  (1)      It is the intent of the Legislature to encourage and
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1626      support the judicial circuits of the state to create and
1627      maintain a community association court program in each judicial
1628      circuit. The purpose of a community association court program is
1629      to provide an optional, voluntary process for community
1630      associations and the members thereof to address disputes as an
1631      alternative to entering into mediation or arbitration. It is the
1632      intent of the Legislature that this section provide a detailed
1633      statewide standard for the creation, operation, and procedures
1634      for community association court programs.
1635  (2)     A circuit court may create and administer a community
1636      association court program. The chief judge shall designate at
1637      least one judge to preside over the community association court
1638      program. The chief judge may issue administrative orders
1639      concerning the community association court program.
1640  (3)     The community association court program has
1641      jurisdiction over disputes, including any related termination or
1642      enforcement proceedings, arising under any of the following:
1643  (a)     Chapter 718, the Condominium Act.
1644  (b)     Chapter 719, the Cooperative Act.
1645  (c)     Chapter 720, the Homeowners' Association Act.
1646  (4)     The community association court program may do all of
1647      the following:
1648  (a)     Enforce all statutory rights of unit owners and parcel
1649      owners.
1650  (b)     Verify and compel compliance with all statutory
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1651      requirements by community associations, boards of
1652      administration, and officers or directors of such boards.
1653  (c)     Order the Department of State to dissolve a community
1654      association.
1655  (d)     Appoint a termination trustee to manage the
1656      distribution of association assets and resolution of
1657      liabilities.
1658  (e)     Impose civil penalties for violations of statutory
1659      rights.
1660  (f)     Issue injunctive relief as appropriate.
1661  (g)     Award reasonable attorney fees and costs as
1662      appropriate.
1663  (5)     By January 1 of each year, the chief judge in each
1664      judicial circuit in which a community association court program
1665      is created shall submit to the President of the Senate and the
1666      Speaker of the House of Representatives a report that summarizes
1667      the caseload of each community association court program and the
1668      outcomes of such caseload.
1669  (6)     The Office of the State Courts Administrator shall
1670      establish procedure, staffing, and reporting requirements for
1671      the operation of the community association court program.
1672  (7)     The costs associated with the creation, operation, and
1673      compliance and enforcement duties of the community association
1674      court program shall be funded as authorized by and consistent
1675      with funding appropriated in the General Appropriations Act.
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1676  (8)     Funds specifically appropriated by an operating
1677      appropriation or a nonoperating transfer from the Division of
1678      Florida Condominiums, Timeshares, and Mobile Homes Trust Fund to
1679      the state court system to support judicial functions relating to
1680      community associations which remain unencumbered as of June 30
1681      or undisbursed as of September 30 each year shall revert to the
1682      Division of Florida Condominiums, Timeshares, and Mobile Homes
1683      Trust Fund.
1684  (9)     This section does not apply to timeshare condominium
1685      associations or timeshare cooperative associations unless the
1686      facilities of such associations include homestead condominium
1687      units or homestead cooperative units.
1688  Section 19.  Subsections (11), (13), and (17) of section
1689      26.031, Florida Statutes, are amended to read:
1690  26.031       Judicial circuits; number of judges.—The number of
1691      circuit judges in each circuit shall be as follows:
1692      JUDICIAL CIRCUIT  TOTAL
1693  (11)        Eleventh..........................................8583
1694  (13)        Thirteenth........................................4645
1695  (17)        Seventeenth.......................................5958
1696  Section 20.  The amendments made by this act to s. 26.031,
1697      Florida Statutes, are for the purpose of authorizing additional
1698      judgeships specifically for the community association court
1699      program created in s. 720.32, Florida Statutes, by this act.
1700  Section 21.  Paragraph (d) of subsection (1) of section
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1701      34.01, Florida Statutes, is amended to read:
1702  34.01       Jurisdiction of county court.—
1703  (1)      County courts shall have original jurisdiction:
1704  (d)      Of disputes occurring in the homeowners' associations
1705      as described in s. 720.311(2)(a), which shall be concurrent with
1706      jurisdiction of the circuit courts.
1707  Section 22.  Paragraph (a) of subsection (1) of section
1708      336.125, Florida Statutes, is amended to read:
1709  336.125       Closing and abandonment of roads; optional
1710      conveyance to homeowners' association; traffic control
1711      jurisdiction.—
1712  (1)(a)       In addition to the authority provided in s. 336.12,
1713      the governing body of the county may abandon the roads and
1714      rights-of-way dedicated in a recorded residential subdivision
1715      plat and simultaneously convey the county's interest in such
1716      roads, rights-of-way, and appurtenant drainage facilities to a
1717      homeowners' association for the subdivision, if the following
1718      conditions have been met:
1719  1.      The homeowners' association has requested the
1720      abandonment and conveyance in writing for the purpose of
1721      converting the subdivision to a gated neighborhood with
1722      restricted public access.
1723  2.      No fewer than four-fifths of the owners of record of
1724      property located in the subdivision have consented in writing to
1725      the abandonment and simultaneous conveyance to the homeowners'
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1726      association.
1727  3.      The homeowners' association is both a corporation not
1728      for profit organized and in good standing under chapter 617, and
1729      a "homeowners' association" as defined in s. 720.301 s.
1730      720.301(9) with the power to levy and collect assessments for
1731      routine and periodic major maintenance and operation of street
1732      lighting, drainage, sidewalks, and pavement in the subdivision.
1733  4.      The homeowners' association has entered into and
1734      executed such agreements, covenants, warranties, and other
1735      instruments; has provided, or has provided assurance of, such
1736      funds, reserve funds, and funding sources; and has satisfied
1737      such other requirements and conditions as may be established or
1738      imposed by the county with respect to the ongoing operation,
1739      maintenance, and repair and the periodic reconstruction or
1740      replacement of the roads, drainage, street lighting, and
1741      sidewalks in the subdivision after the abandonment by the
1742      county.
1743  Section 23.  Subsection (2) of section 558.002, Florida
1744      Statutes, is amended to read:
1745  558.002       Definitions.—As used in this chapter, the term:
1746  (2)      "Association" has the same meaning as in s. 718.103,
1747      s. 719.103(2), s. 720.301(10) s. 720.301(9), or s. 723.075.
1748  Section 24.  Subsection (6) of section 617.0601, Florida
1749      Statutes, is amended to read:
1750  617.0601  Members, generally.—
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1751  (6)     Subsections (1), (2), (3), and (4) do not apply to a
1752      corporation that is an association as defined in s. 720.301(10)
1753      s. 720.301.
1754  Section 25.  Subsection (6) of section 617.0701, Florida
1755      Statutes, is amended to read:
1756  617.0701  Meetings of members, generally; failure to hold
1757      annual meeting; special meeting; consent to corporate actions
1758      without meetings; waiver of notice of meetings.—
1759  (6)     Subsections (1) and (3) do not apply to any
1760      corporation that is an association as defined in s. 720.301(10)
1761      s. 720.301; a corporation regulated by chapter 718, chapter 719,
1762      chapter 720, chapter 721, or chapter 723; or a corporation where
1763      membership in such corporation is required pursuant to a
1764      document recorded in the county property records.
1765  Section 26.  Subsection (7) of section 617.0721, Florida
1766      Statutes, is amended to read:
1767  617.0721  Voting by members.—
1768  (7)     Subsections (1), (5), and (6) do not apply to a
1769      corporation that is an association, as defined in s. 720.301(10)
1770      s. 720.301, or a corporation regulated by chapter 718 or chapter
1771      719.
1772  Section 27.  Section 617.0725, Florida Statutes, is amended
1773      to read:
1774  617.0725  Quorum.—An amendment to the articles of
1775      incorporation or the bylaws which adds, changes, or deletes a
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1776      greater or lesser quorum or voting requirement must meet the
1777      same quorum or voting requirement and be adopted by the same
1778      vote and voting groups required to take action under the quorum
1779      and voting requirements then in effect or proposed to be
1780      adopted, whichever is greater. This section does not apply to
1781      any corporation that is an association, as defined in s.
1782      720.301(10) s. 720.301(9), or any corporation regulated under
1783      chapter 718 or chapter 719.
1784  Section 28.  Subsection (3) of section 617.0808, Florida
1785      Statutes, is amended to read:
1786  617.0808  Removal of directors.—
1787  (3)     This section does not apply to any corporation that is
1788      an association, as defined in s. 720.301(10) s. 720.301, or a
1789      corporation regulated under chapter 718 or chapter 719.
1790  Section 29.  Section 617.1606, Florida Statutes, is amended
1791      to read:
1792  617.1606  Access to records.—Sections 617.1601-617.1605 do
1793      not apply to a corporation that is an association, as defined in
1794      s. 720.301(10) s. 720.301, or a corporation regulated under
1795      chapter 718 or chapter 719.
1796  Section 30.  Paragraph (b) of subsection (1) of section
1797      718.116, Florida Statutes, is amended to read:
1798  718.116       Assessments; liability; lien and priority;
1799      interest; collection.—
1800  (1)
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1801  (b)1.       The liability of a first mortgagee or its successor
1802      or assignees who acquire title to a unit by foreclosure or by
1803      deed in lieu of foreclosure for the unpaid assessments that
1804      became due before the mortgagee's acquisition of title is
1805      limited to the lesser of:
1806  a.      The unit's unpaid common expenses and regular periodic
1807      assessments which accrued or came due during the 12 months
1808      immediately preceding the acquisition of title and for which
1809      payment in full has not been received by the association; or
1810  b.      One percent of the original mortgage debt. The
1811      provisions of this paragraph apply only if the first mortgagee
1812      joined the association as a defendant in the foreclosure action.
1813      Joinder of the association is not required if, on the date the
1814      complaint is filed, the association was dissolved or did not
1815      maintain an office or agent for service of process at a location
1816      which was known to or reasonably discoverable by the mortgagee.
1817  2.      An association, or its successor or assignee, that
1818      acquires title to a unit through the foreclosure of its lien for
1819      assessments is not liable for any unpaid assessments, late fees,
1820      interest, or reasonable attorney's fees and costs that came due
1821      before the association's acquisition of title in favor of any
1822      other association, as defined in s. 718.103 or s. 720.301(10) s.
1823      720.301(9), which holds a superior lien interest on the unit.
1824      This subparagraph is intended to clarify existing law.
1825  Section 31.  Paragraph (d) of subsection (1) and paragraph
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1826      (e) of subsection (2) of section 718.503, Florida Statutes, are
1827      amended to read:
1828  718.503       Developer disclosure prior to sale; nondeveloper
1829      unit owner disclosure prior to sale; voidability.—
1830  (1)     DEVELOPER DISCLOSURE.—
1831  (d)     Milestone inspection, turnover inspection report, or
1832      structural integrity reserve study.—If the association is
1833      required to have completed a milestone inspection as described
1834      in s. 553.899, a turnover inspection report for a turnover
1835      inspection performed on or after July 1, 2023, or a structural
1836      integrity reserve study, and the association has not completed
1837      the milestone inspection, the turnover inspection report, or the
1838      structural integrity reserve study, each contract entered into
1839      after December 31, 2024, for the sale of a residential unit
1840      shall contain in conspicuous type a statement indicating that
1841      the association is required to have a milestone inspection, a
1842      turnover inspection report, or a structural integrity reserve
1843      study and has not completed such inspection, report, or study,
1844      as appropriate. If the association is not required to have a
1845      milestone inspection as described in s. 553.899 or a structural
1846      integrity reserve study, each contract entered into after
1847      December 31, 2024, for the sale of a residential unit shall
1848      contain in conspicuous type a statement indicating that the
1849      association is not required to have a milestone inspection or a
1850      structural integrity reserve study, as appropriate. If the
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1851      association has completed a milestone inspection as described in
1852      s. 553.899, a turnover inspection report for a turnover
1853      inspection performed on or after July 1, 2023, or a structural
1854      integrity reserve study, each contract entered into after
1855      December 31, 2024, for the sale of a residential unit shall
1856      contain in conspicuous type:
1857  1.      A clause which states: THE BUYER HEREBY ACKNOWLEDGES
1858      THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
1859      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1860      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1861      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1862      718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1863      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1864      RESERVE STUDY DESCRIBED IN SECTIONS 718.103(29) 718.103(26) AND
1865      718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
1866      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
1867      EXECUTION OF THIS CONTRACT; and
1868  2.      A clause which states: THIS AGREEMENT IS VOIDABLE BY
1869      BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
1870      CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
1871      HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
1872      BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
1873      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1874      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1875      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
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1876      718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1877      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1878      RESERVE STUDY DESCRIBED IN SECTIONS 718.103(29) 718.103(26) AND
1879      718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
1880      WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
1881      MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
1882      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
1883      THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
1884      SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
1885      SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
1886      INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
1887      FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
1888      STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
1889      718.103(29) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF
1890      REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
1891      TERMINATE AT CLOSING.
1892
1893      A contract that does not conform to the requirements of this
1894      paragraph is voidable at the option of the purchaser before
1895      closing.
1896  (2)     NONDEVELOPER DISCLOSURE.—
1897  (e)     If the association is required to have completed a
1898      milestone inspection as described in s. 553.899, a turnover
1899      inspection report for a turnover inspection performed on or
1900      after July 1, 2023, or a structural integrity reserve study, and
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1901      the association has not completed the milestone inspection, the
1902      turnover inspection report, or the structural integrity reserve
1903      study, each contract entered into after December 31, 2024, for
1904      the sale of a residential unit shall contain in conspicuous type
1905      a statement indicating that the association is required to have
1906      a milestone inspection, a turnover inspection report, or a
1907      structural integrity reserve study and has not completed such
1908      inspection, report, or study, as appropriate. If the association
1909      is not required to have a milestone inspection as described in
1910      s. 553.899 or a structural integrity reserve study, each
1911      contract entered into after December 31, 2024, for the sale of a
1912      residential unit shall contain in conspicuous type a statement
1913      indicating that the association is not required to have a
1914      milestone inspection or a structural integrity reserve study, as
1915      appropriate. If the association has completed a milestone
1916      inspection as described in s. 553.899, a turnover inspection
1917      report for a turnover inspection performed on or after July 1,
1918      2023, or a structural integrity reserve study, each contract
1919      entered into after December 31, 2024, for the resale of a
1920      residential unit shall contain in conspicuous type:
1921  1.      A clause which states: THE BUYER HEREBY ACKNOWLEDGES
1922      THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
1923      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1924      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1925      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
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1926      718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1927      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1928      RESERVE STUDY DESCRIBED IN SECTIONS 718.103(29) 718.103(26) AND
1929      718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7
1930      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
1931      EXECUTION OF THIS CONTRACT; and
1932  2.      A clause which states: THIS AGREEMENT IS VOIDABLE BY
1933      BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
1934      CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
1935      HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
1936      BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
1937      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1938      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1939      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1940      718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1941      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1942      RESERVE STUDY DESCRIBED IN SECTIONS 718.103(29) 718.103(26) AND
1943      718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
1944      WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
1945      MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
1946      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
1947      THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
1948      SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
1949      SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
1950      INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
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1951      FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
1952      STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
1953      718.103(29) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF
1954      REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
1955      TERMINATE AT CLOSING.
1956
1957      A contract that does not conform to the requirements of this
1958      paragraph is voidable at the option of the purchaser before
1959      closing.
1960  Section 32.  Paragraph (d) of subsection (1) and paragraph
1961      (d) of subsection (2) of section 719.503, Florida Statutes, are
1962      amended to read:
1963  719.503       Disclosure prior to sale.—
1964  (1)     DEVELOPER DISCLOSURE.—
1965  (d)     Milestone inspection, turnover inspection report, or
1966      structural integrity reserve study.—If the association is
1967      required to have completed a milestone inspection as described
1968      in s. 553.899, a turnover inspection report for a turnover
1969      inspection performed on or after July 1, 2023, or a structural
1970      integrity reserve study, and the association has not completed
1971      the milestone inspection, the turnover inspection report, or the
1972      structural integrity reserve study, each contract entered into
1973      after December 31, 2024, for the sale of a residential unit
1974      shall contain in conspicuous type a statement indicating that
1975      the association is required to have a milestone inspection, a
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1976      turnover inspection report, or a structural integrity reserve
1977      study and has not completed such inspection, report, or study,
1978      as appropriate. If the association is not required to have a
1979      milestone inspection as described in s. 553.899 or a structural
1980      integrity reserve study, each contract entered into after
1981      December 31, 2024, for the sale of a residential unit shall
1982      contain in conspicuous type a statement indicating that the
1983      association is not required to have a milestone inspection or a
1984      structural integrity reserve study, as appropriate. If the
1985      association has completed a milestone inspection as described in
1986      s. 553.899, a turnover inspection report for a turnover
1987      inspection performed on or after July 1, 2023, or a structural
1988      integrity reserve study, each contract entered into after
1989      December 31, 2024, for the sale of a residential unit shall
1990      contain in conspicuous type:
1991  1.      A clause which states: THE BUYER HEREBY ACKNOWLEDGES
1992      THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
1993      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1994      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1995      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1996      719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1997      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1998      RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
1999      719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
2000      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
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2001      EXECUTION OF THIS CONTRACT; and
2002  2.      A clause which states: THIS AGREEMENT IS VOIDABLE BY
2003      BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2004      CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2005      HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2006      BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
2007      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2008      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2009      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2010      719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2011      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2012      RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
2013      719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2014      WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2015      MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
2016      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2017      THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2018      SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2019      SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2020      INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
2021      FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
2022      STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
2023      719.103(25) 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF
2024      REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
2025      TERMINATE AT CLOSING.
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2026
2027      A contract that does not conform to the requirements of this
2028      paragraph is voidable at the option of the purchaser before
2029      closing.
2030  (2)     NONDEVELOPER DISCLOSURE.—
2031  (d)     If the association is required to have completed a
2032      milestone inspection as described in s. 553.899, a turnover
2033      inspection report for a turnover inspection performed on or
2034      after July 1, 2023, or a structural integrity reserve study, and
2035      the association has not completed the milestone inspection, the
2036      turnover inspection report, or the structural integrity reserve
2037      study, each contract entered into after December 31, 2024, for
2038      the sale of a residential unit shall contain in conspicuous type
2039      a statement indicating that the association is required to have
2040      a milestone inspection, a turnover inspection report, or a
2041      structural integrity reserve study and has not completed such
2042      inspection, report, or study, as appropriate. If the association
2043      is not required to have a milestone inspection as described in
2044      s. 553.899 or a structural integrity reserve study, each
2045      contract entered into after December 31, 2024, for the sale of a
2046      residential unit shall contain in conspicuous type a statement
2047      indicating that the association is not required to have a
2048      milestone inspection or a structural integrity reserve study, as
2049      appropriate. If the association has completed a milestone
2050      inspection as described in s. 553.899, a turnover inspection
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2051      report for a turnover inspection performed on or after July 1,
2052      2023, or a structural integrity reserve study, each contract
2053      entered into after December 31, 2024, for the resale of a
2054      residential unit shall contain in conspicuous type:
2055  1.      A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2056      THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
2057      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2058      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2059      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2060      719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2061      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2062      RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
2063      719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7
2064      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
2065      EXECUTION OF THIS CONTRACT; and
2066  2.      A clause which states: THIS AGREEMENT IS VOIDABLE BY
2067      BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2068      CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2069      HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2070      BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
2071      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2072      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2073      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2074      719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2075      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
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2076      RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
2077      719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2078      WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2079      MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
2080      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2081      THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2082      SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2083      SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2084      INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
2085      FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
2086      STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
2087      719.103(25) 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF
2088      REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
2089      TERMINATE AT CLOSING.
2090
2091      A contract that does not conform to the requirements of this
2092      paragraph is voidable at the option of the purchaser before
2093      closing.
2094  Section 33.  Paragraph (d) of subsection (2) of section
2095      720.3085, Florida Statutes, is amended to read:
2096  720.3085  Payment for assessments; lien claims.—
2097  (2)
2098  (d)     An association, or its successor or assignee, that
2099      acquires title to a parcel through the foreclosure of its lien
2100      for assessments is not liable for any unpaid assessments, late
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2101      fees, interest, or reasonable attorney's fees and costs that
2102      came due before the association's acquisition of title in favor
2103      of any other association, as defined in s. 718.103 or s.
2104      720.301(10) s. 720.301(9), which holds a superior lien interest
2105      on the parcel. This paragraph is intended to clarify existing
2106      law.
2107  Section 34.  For the purpose of incorporating the amendment
2108      made by this act to section 720.3035, Florida Statutes, in a
2109      reference thereto, subsection (9) of section 617.0825, Florida
2110      Statutes, is reenacted to read:
2111  617.0825  Board committees and advisory committees.—
2112  (9)     This section does not apply to a committee established
2113      under chapter 718, chapter 719, or chapter 720 to perform the
2114      functions set forth in s. 718.303(3), s. 719.303(3), s.
2115      720.3035(1), s. 720.305(2), or s. 720.405, respectively.
2116  Section 35.  This act shall take effect July 1, 2026.
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