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Agenda 11/12/2024 Item #17H (Ordinance - Amending Ordinance 2022-42, as amended which establishes Minestone Inspections, establishing a mandatory inspection of aging condominium and cooperative buildings in unincorporated Collier County )11/12/2024 Item # 17.H ID# 2024-1065 Executive Summary Recommendation to adopt an ordinance amending Ordinance 2022-42, as amended, which established Milestone Inspections, establishing a mandatory inspection of aging condominium and cooperative buildings in unincorporated Collier County to reflect changes in state law. OBJECTIVE: To amend Ordinance 2022-42, as amended, which established Milestone Inspections in unincorporated Collier County to reflect the changes adopted by state law. CONSIDERATIONS: On October 25, 2022, the Board of County Commissioners (Board) adopted Ordinance No. 2022-42, which established the Collier County Mandatory Inspection of Aging Condominium and Cooperatives Buildings Ordinance in accordance with Section 553.899, Florida Statutes. On September 26, 2023, the board adopted Ordinance No. 2023-41, revised the deadlines for milestone inspections of certain buildings, allowed extensions of deadlines under certain circumstances, and clarified language when a report is required. On July 1, 2024, legislative changes to Section 553.899 Florida Statutes went into effect, adding exemptions from Milestone inspections for three-story, four-dwelling buildings.The purpose is to ensure that such buildings are safe for continued use and appropriate management and to protect the general health, safety, and welfare of the residents and visitors to Collier County. The proposed Ordinance revisions reflect changes in state law. FISCAL IMPACT: The notice was posted on the Collier County Clerk's legal notices' website; no advertising fees are associated with this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for adoption. (HFAC) RECOMMENDATIONS: To adopt an Ordinance amending Ordinance 2022-42, as amended, which established Milestone Inspections in unincorporated areas of Collier County to reflect changes in state law. PREPARED BY: Rich Long, Director – Building Plan Review & Inspections, Growth Management Community Development Department ATTACHMENTS: 1. CHAPTER 2024-244 HB 1021 2. Ordinance_10_24_24 3. legal ad - agenda ID 24-1065 - Milestone Inspections condos Page 5339 of 5419 CHAPTER 2024-244 Committee Substitute for Committee Substitute for Committee Substitute for House Bill No.1021 An act relating to community associations;amending s.468.4334,F.S.; requiring community association managers and community association management firms to return official records of an association within a specified time after termination of a contract;requiring notices of termination of certain contractual agreements to be sent in a specified manner;authorizing community association managers and community association management firms to retain,for a specified timeframe,records necessary to complete an ending financial statement or report;relieving community association managers and community association manage- ment firms from certain responsibilities and liability under certain circumstances;providing a rebuttable presumption regarding noncom- pliance;providing penalties for the failure to timely return official records; providing an exception for certain time periods for timeshare plans; creating s.468.4335,F.S.;requiring community association managers and community association management firms to disclose certain conflicts of interest to the association’s board;providing a rebuttable presumption as to the existence of a conflict;requiring an association to solicit multiple bids for goods or services under certain circumstances;providing requirements for an association to approve any activity and contracts that are a conflict of interest;providing that a conflict of interest in a contract which has been previously disclosed must to be noticed and voted on upon its renewal,but not during the term of the contract;authorizing certain contracts to be canceled,subject to certain requirements;speci- fying liability and nonliability of the association upon cancellation of such a contract;authorizing an association to cancel a contract if certain conflicts were not disclosed;specifying liability and nonliability of the association upon cancellation of a contract;defining the term “relative”; reenacting and amending s.468.436,F.S.;revising the list of grounds for which the Department of Business and Professional Regulation may take disciplinary actions against community association managers or commu- nity association firms;amending s.553.899,F.S.;exempting certain four- family dwellings from requiring a milestone inspection and milestone inspection report;amending s.718.103,F.S.;revising and providing definitions;amending s.718.104,F.S.;providing requirements for the declaration of specified condominiums;requiring declarations to specify the entity responsible for the installation,maintenance,repair,or replacement of hurricane protection;amending s.718.111,F.S.;providing criminal penalties for any officer,director,or manager of an association who unlawfully solicits,offers to accept,or accepts a kickback;requiring such officers,directors,or managers to be removed from office and a vacancy declared;requiring the Division of Florida Condominiums, Timeshares,and Mobile Homes to monitor an association’s compliance with certain provisions,and issue fines and penalties if necessary,upon 1 CODING:Words stricken are deletions;words underlined are additions. Page 5340 of 5419 receipt of a complaint;revising the list of records that constitute the official records of an association;providing requirements relating to e-mail addresses and facsimile numbers of unit owners;requiring an association to redact certain personal information in certain documents;providing an exception to liability for the release of certain information;revising maintenance requirements for official records;revising requirements regarding requests to inspect or copy association records;requiring an association to provide a checklist in response to certain records requests; providing a rebuttable presumption and criminal penalties;requiring certain persons to be removed from office and a vacancy declared under certain circumstances;defining the term “repeatedly”;requiring copies of certain building permits be posted on an association’s website or application;modifying the method of delivery of certain financial reports to unit owners;revising circumstances under which an association may prepare certain reports;revising criminal penalties for persons who unlawfully use a debit card issued in the name of an association;requiring certain persons to be removed from office and a vacancy declared under certain circumstances;defining the term “lawful obligation of the association”;revising the threshold for associations that must post certain documents on its website or through an application;amending s.718.112, F.S.;requiring the boards of certain associations to meet at least once every quarter;requiring the meeting agenda to include an opportunity for members to ask questions of the board a certain number of times a year; providing that the right to attend meetings includes the right to ask questions relating to certain topics;revising requirements regarding notice of such meetings;requiring a director to complete an educational requirement within a specified time period before or after election or appointment to the board;providing requirements for the educational curriculum;providing transitional provisions;requiring a director to complete a certain amount of continuing education each year relating to changes in the law;requiring the secretary of the association to maintain certain information for inspection for a specified number of years; authorizing members of an association to pause the contribution to reserves or reduce reserves under certain circumstances and for a limited time;authorizing the board to expend reserve account funds to make the condominium building and structures habitable;requiring an association to distribute or deliver copies of a structural integrity reserve study to unit owners within a specified timeframe;specifying the manner of distribu- tion or delivery;requiring an association to provide a specified statement to the division within a specified timeframe;revising the circumstances under which a director or an officer must be removed from office after being charged by information or indictment of certain crimes;prohibiting such officers and directors with pending criminal charges from accessing the official records of any association;providing an exception;providing criminal penalties for certain fraudulent voting activities relating to association elections;amending s.718.113,F.S.;providing applicability; specifying that certain actions are not material alterations or substantial additions;authorizing the boards of residential and mixed-use condomin- iums to install or require unit owners to install hurricane protection; Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 2 CODING:Words stricken are deletions;words underlined are additions. Page 5341 of 5419 requiring a vote of the unit owners for the installation of hurricane protection;requiring that such vote be attested to in a certificate and recorded in certain public records;requiring the board to provide,in various manners,to the unit owners a copy of the recorded certificate; providing that the validity or enforceability of a vote is not affected if the board fails to take certain actions;providing that a vote of the unit owners is not required under certain circumstances;prohibiting installation of the same type of hurricane protection previously installed;providing excep- tions;prohibiting the boards of residential and mixed-use condominiums from refusing to approve certain hurricane protections;authorizing the board to require owners to adhere to certain guidelines regarding the external appearance of a condominium;revising responsibility for the cost of the removal or reinstallation of hurricane protection,including exterior windows,doors,or apertures;prohibiting the association from charging certain expenses to unit owners;requiring reimbursement or a credit toward future assessments to the unit owner in certain circumstances; authorizing the association to collect certain charges and specifying that such charges are enforceable as assessments under certain circumstances; amending s.718.115,F.S.;specifying when the cost of installation of hurricane protection is not a common expense;authorizing certain expenses to be enforceable as assessments;requiring certain unit owners to be excused from certain assessments or to receive a credit for hurricane protection that has been installed;providing credit applicability under certain circumstances;providing for the amount of credit that a unit owner must receive;specifying that certain expenses are common expenses;amending s.718.121,F.S.;conforming a cross-reference; amending s.718.124,F.S.;providing the statute of limitations and repose for certain actions;amending s.718.1224,F.S.;revising legislative findings and intent;revising the definition of the term “governmental entity”;prohibiting an association from filing strategic lawsuits,taking certain actions against unit owners,and expending funds to support certain actions;amending s.718.128,F.S.;providing that a unit owner may consent to electronic voting electronically;providing that a board must honor a unit owner’s request to vote electronically until the owner opts out;amending s.718.202,F.S.;providing sales and reservation deposit requirements for nonresidential condominiums;amending s. 718.301,F.S.;requiring developers to deliver a structural integrity reserve report to an association upon relinquishing control of the association; amending s.718.3027,F.S.;revising requirements regarding attendance at a board meeting in the event of a conflict of interest;modifying circumstances under which a contract may be voided;revising a cross- reference;amending s.718.303,F.S.;requiring an association to provide certain notice to a unit owner by a specified time before an election; creating s.718.407,F.S.;authorizing a condominium to be created within a portion of a building or within a multiple parcel building;specifying that the common elements are only those portions of the building submitted to the condominium form of ownership;providing requirements for the declaration of such condominiums and other certain recorded instru- ments;providing for the apportionment of expenses for such Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 3 CODING:Words stricken are deletions;words underlined are additions. Page 5342 of 5419 condominiums;authorizing the association to inspect and copy certain books and records;requiring a specified disclosure summary for contracts of sale for a unit in certain condominiums;providing that the creation of a multiple parcel building is not a subdivision of the land;amending s. 718.501,F.S.;revising circumstances under which the division has jurisdiction to investigate and enforce complaints relating to certain matters;requiring that the division provide official records,without charge,to a unit owner denied access;authorizing the division to issue certain citations;requiring the division to provide a division-approved training provider with the template for the certificate issued to certain directors of a board of administration;requiring that the division refer suspected criminal acts to the appropriate law enforcement authority; authorizing certain division officials to attend association meetings; authorizing the division to request access to an association’s website or application to investigate complaints under certain circumstances;re- quiring the division to include certain information in its annual report to the Governor and Legislature after a specified date;specifying require- ments for the annual certification;authorizing the division to adopt rules; providing applicability;amending s.718.5011,F.S.;providing that the secretary of the Department of Business and Professional Regulation, rather than the Governor,appoints the condominium ombudsman; amending s.718.503,F.S.;requiring nondeveloper unit owners to include an annual financial statement and annual budget in information provided to a prospective purchaser;revising information that must be included in contracts for the resale of a residential unit;requiring certain disclosures be made if a unit is located in a specified type of condominium;amending s. 718.504,F.S.;requiring certain information provided to prospective purchasers to state whether the condominium is created within a portion of a building or within a multiple parcel building;amending s.719.106, F.S.;requiring an association to distribute or deliver copies of a structural integrity reserve study to unit owners within a specified timeframe; specifying the manner of distribution or delivery;requiring an association to provide a specified statement to the division within a specified timeframe;amending s.719.129,F.S.;providing that a unit owner may consent electronically to electronic voting;amending s.719.301,F.S.; requiring developers to deliver a structural integrity reserve study to a cooperative association upon relinquishing control of association property; requiring the division to conduct a review of statutory requirements regarding posting of official records on a condominium association’s website or application;requiring the division to submit its findings, including any recommendations,to the Governor and the Legislature by a specified date;requiring the division to create a database on its website with certain information by a date certain;providing appropriations; providing construction and retroactive application;requiring the Florida Building Commission to perform a study for specified purposes;requiring the commission to submit a report of its recommendations to the Governor and Legislature by a date certain;providing effective dates. Be It Enacted by the Legislature of the State of Florida: Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 4 CODING:Words stricken are deletions;words underlined are additions. Page 5343 of 5419 Section 1.Subsection (3)is added to section 468.4334,Florida Statutes, to read: 468.4334 Professional practice standards;liability.— (3)A community association manager or a community association management firm shall return all community association official records within its possession to the community association within 20 business days after termination of a contractual agreement to provide community association management services to the community association or receipt of a written request for return of the official records,whichever occurs first. A notice of termination of a contractual agreement to provide community association management services must be sent by certified mail,return receipt requested,or in the manner required under such contractual agreement.The community association manager or community association management firm may retain,for up to 20 business days,those records necessary to complete an ending financial statement or report.If an association fails to provide access to or retention of the accounting records to prepare an ending financial statement or report,the community association manager or community association management firm is relieved from any further responsibility or liability relating to the preparation of such ending financial statement or report.Failure of a community association manager or a community association management firm to timely return all of the official records within its possession to the community association creates a rebuttable presumption that the community association manager or community association management firm willfully failed to comply with this subsection.A community association manager or a community association management firm that fails to timely return community association records is subject to suspension of its license under s.468.436, and a civil penalty of $1,000 per day for up to 10 business days,assessed beginning on the 21st business day after termination of a contractual agreement to provide community association management services to the community association or receipt of a written request from the association for return of the records,whichever occurs first.However,for a timeshare plan created under chapter 721,the time periods provided in s.721.14(4)(b) apply. Section 2.Section 468.4335,Florida Statutes,is created to read: 468.4335 Conflicts of interest.— (1)A community association manager or a community association management firm,including directors,officers,and persons with a financial interest in a community association management firm,or a relative of such persons,must disclose to the board of a community association any activity that may reasonably be construed to be a conflict of interest.A rebuttable presumption of a conflict of interest exists if any of the following occurs without prior notice: Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 5 CODING:Words stricken are deletions;words underlined are additions. Page 5344 of 5419 (a)A community association manager or a community association management firm,including directors,officers,and persons with a financial interest in a community association management firm,or a relative of such persons,enters into a contract for goods or services with the association. (b)A community association manager or a community association management firm,including directors,officers,and persons with a financial interest in a community association management firm,or a relative of such persons,holds an interest in or receives compensation or any thing of value from a corporation,limited liability corporation,partnership,limited liability partnership,or other business entity that conducts business with the association or proposes to enter into a contract or other transaction with the association. (2)If the association receives and considers a bid that exceeds $2,500 to provide a good or service,other than community association management services,from a community association manager or a community association management firm,including directors,officers,and persons with a financial interest in a community association management firm,or a relative of such persons,the association must solicit multiple bids from other third-party providers of such goods or services. (3)If a community association manager or a community association management firm,including directors,officers,and persons with a financial interest in a community association management firm,or a relative of such persons,proposes to engage in an activity that is a conflict of interest as described in subsection (1),the proposed activity must be listed on,and all contracts and transactional documents related to the proposed activity must be attached to,the meeting agenda of the next board of administration meeting.The disclosures of a possible conflict of interest must be entered into the written minutes of the meeting.Approval of the contract,including a management contract between the community association and the commu- nity association manager or community association management firm,or other transaction requires an affirmative vote of two-thirds of all directors present.At the next regular or special meeting of the members,the existence of the conflict of interest and the contract or other transaction must be disclosed to the members.If a community association manager or commu- nity association management firm has previously disclosed a conflict of interest in an existing management contract entered into between the board of directors and the community association manager or community associa- tion management firm,the conflict of interest does not need to be additionally noticed and voted on during the term of such management contract,but,upon renewal,must be noticed and voted on in accordance with this subsection. (4)If the board finds that a community association manager or a community association management firm,including directors,officers, and persons with a financial interest in a community association manage- ment firm,or a relative of such persons,has violated this section,the association may cancel its community association management contract Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 6 CODING:Words stricken are deletions;words underlined are additions. Page 5345 of 5419 with the community association manager or the community association management firm.If the contract is canceled,the association is liable only for the reasonable value of the management services provided up to the time of cancellation and is not liable for any termination fees,liquidated damages, or other form of penalty for such cancellation. (5)If an association enters into a contract with a community association manager or a community association management firm,including directors, officers,and persons with a financial interest in a community association management firm,or a relative of such persons,which is a party to or has an interest in an activity that is a possible conflict of interest as described in subsection (1)and such activity has not been properly disclosed as a conflict of interest or potential conflict of interest as required by this section,the contract is voidable and terminates upon the association filing a written notice terminating the contract with its board of directors which contains the consent of at least 20 percent of the voting interests of the association. (6)As used in this section,the term “relative”means a relative within the third degree of consanguinity by blood or marriage. Section 3.Paragraph (b)of subsection (2)of section 468.436,Florida Statutes,is amended,and subsection (4)of that section is reenacted,to read: 468.436 Disciplinary proceedings.— (2)The following acts constitute grounds for which the disciplinary actions in subsection (4)may be taken: (b)1.Violation of any provision of this part. 2.Violation of any lawful order or rule rendered or adopted by the department or the council. 3.Being convicted of or pleading nolo contendere to a felony in any court in the United States. 4.Obtaining a license or certification or any other order,ruling,or authorization by means of fraud,misrepresentation,or concealment of material facts. 5.Committing acts of gross misconduct or gross negligence in connection with the profession. 6.Contracting,on behalf of an association,with any entity in which the licensee has a financial interest that is not disclosed. 7.Failing to disclose any conflict of interest as required by s.468.4335. 8.7.Violating any provision of chapter 718,chapter 719,or chapter 720 during the course of performing community association management Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 7 CODING:Words stricken are deletions;words underlined are additions. Page 5346 of 5419 services pursuant to a contract with a community association as defined in s. 468.431(1). (4)When the department finds any community association manager or firm guilty of any of the grounds set forth in subsection (2),it may enter an order imposing one or more of the following penalties: (a)Denial of an application for licensure. (b)Revocation or suspension of a license. (c)Imposition of an administrative fine not to exceed $5,000 for each count or separate offense. (d)Issuance of a reprimand. (e)Placement of the community association manager on probation for a period of time and subject to such conditions as the department specifies. (f)Restriction of the authorized scope of practice by the community association manager. Section 4.Subsection (4)of section 553.899,Florida Statutes,is amended to read: 553.899 Mandatory structural inspections for condominium and coop- erative buildings.— (4)The milestone inspection report must be arranged by a condominium or cooperative association and any owner of any portion of the building which is not subject to the condominium or cooperative form of ownership.The condominium association or cooperative association and any owner of any portion of the building which is not subject to the condominium or cooperative form of ownership are each responsible for ensuring compliance with the requirements of this section.The condominium association or cooperative association is responsible for all costs associated with the milestone inspection attributable to the portions of a building which the association is responsible to maintain under the governing documents of the association.This section does not apply to a single-family,two-family,or three-family,or four-family dwelling with three or fewer habitable stories above ground. Section 5.Subsections (19)through (32)of section 718.103,Florida Statutes,are renumbered as subsections (21)through (34),respectively, subsection (14)is amended,and new subsections (19)and (20)are added to that section,to read: 718.103 Definitions.—As used in this chapter,the term: (14)“Condominium property”means the lands,leaseholds,and improve- ments,any and personal property,and all easements and rights Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 8 CODING:Words stricken are deletions;words underlined are additions. Page 5347 of 5419 appurtenant thereto,regardless of whether contiguous,which that are subjected to condominium ownership,whether or not contiguous,and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium. (19)“Hurricane protection”means hurricane shutters,impact glass, code-compliant windows or doors,and other code-compliant hurricane protection products used to preserve and protect the condominium property or association property. (20)“Kickback”means any thing or service of value,for which con- sideration has not been provided,for an officer’s,a director’s,or a manager’s own benefit or that of his or her immediate family,from any person providing or proposing to provide goods or services to the association. Section 6.Paragraph (b)of subsection (4)of section 718.104,Florida Statutes,is amended,and paragraph (p)is added to that subsection,to read: 718.104 Creation of condominiums;contents of declaration.—Every condominium created in this state shall be created pursuant to this chapter. (4)The declaration must contain or provide for the following matters: (b)The name by which the condominium property is to be identified, which shall include the word “condominium”or be followed by the words “a condominium.”Condominiums created within a portion of a building or within a multiple parcel building must include the name by which the condominium is to be identified and be followed by “a condominium within a portion of a building or within a multiple parcel building.” (p)For both residential condominiums and mixed-use condominiums,a statement that specifies whether the unit owner or the association is responsible for the installation,maintenance,repair,or replacement of hurricane protection that is for the preservation and protection of the condominium property and association property. Section 7.Paragraph (a)of subsection (1),paragraph (h)of subsection (11),and subsections (12),(13),and (15)of section 718.111,Florida Statutes, are amended to read: 718.111 The association.— (1)CORPORATE ENTITY.— (a)The operation of the condominium shall be by the association,which must be a Florida corporation for profit or a Florida corporation not for profit.However,any association which was in existence on January 1,1977, need not be incorporated.The owners of units shall be shareholders or members of the association.The officers and directors of the association have a fiduciary relationship to the unit owners.It is the intent of the Legislature that nothing in this paragraph shall be construed as providing for or Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 9 CODING:Words stricken are deletions;words underlined are additions. Page 5348 of 5419 removing a requirement of a fiduciary relationship between any manager employed by the association and the unit owners.An officer,a director,or a manager may not solicit,offer to accept,or accept a any thing or service of value or kickback for which consideration has not been provided for his or her own benefit or that of his or her immediate family,from any person providing or proposing to provide goods or services to the association.Any such officer,director,or manager who knowingly so solicits,offers to accept, or accepts a any thing or service of value or kickback commits a felony of the third degree,punishable as provided in s.775.082,s.775.083,or s.775.084, is subject to a civil penalty pursuant to s.718.501(1)(e),and must be removed from office and a vacancy declared s.718.501(1)(d)and,if applicable,a criminal penalty as provided in paragraph (d).However,this paragraph does not prohibit an officer,a director,or a manager from accepting services or items received in connection with trade fairs or education programs.An association may operate more than one condominium. (11)INSURANCE.—In order to protect the safety,health,and welfare of the people of the State of Florida and to ensure consistency in the provision of insurance coverage to condominiums and their unit owners,this subsection applies to every residential condominium in the state,regardless of the date of its declaration of condominium.It is the intent of the Legislature to encourage lower or stable insurance premiums for associa- tions described in this subsection. (h)The association shall maintain insurance or fidelity bonding of all persons who control or disburse funds of the association.The insurance policy or fidelity bond must cover the maximum funds that will be in the custody of the association or its management agent at any one time.Upon receipt of a complaint,the division shall monitor an association for compliance with this paragraph and may issue fines and penalties established by the division for failure of an association to maintain the required insurance policy or fidelity bond.As used in this paragraph,the term “persons who control or disburse funds of the association”includes,but is not limited to,those individuals authorized to sign checks on behalf of the association,and the president,secretary,and treasurer of the association. The association shall bear the cost of any such bonding. (12)OFFICIAL RECORDS.— (a)From the inception of the association,the association shall maintain each of the following items,if applicable,which constitutes the official records of the association: 1.A copy of the plans,permits,warranties,and other items provided by the developer under s.718.301(4). 2.A photocopy of the recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 10 CODING:Words stricken are deletions;words underlined are additions. Page 5349 of 5419 3.A photocopy of the recorded bylaws of the association and each amendment to the bylaws. 4.A certified copy of the articles of incorporation of the association,or other documents creating the association,and each amendment thereto. 5.A copy of the current rules of the association. 6.A book or books that contain the minutes of all meetings of the association,the board of administration,and the unit owners. 7.A current roster of all unit owners and their mailing addresses,unit identifications,voting certifications,and,if known,telephone numbers.The association shall also maintain the e-mail addresses and facsimile numbers of unit owners consenting to receive notice by electronic transmission.The e- mail addresses and facsimile numbers are not accessible to unit owners if consent to receive notice by electronic transmission is not provided In accordance with sub-subparagraph (c)5.e.,the e-mail addresses and facsi- mile numbers are only accessible to unit owners if consent to receive notice by electronic transmission is provided,or if the unit owner has expressly indicated that such personal information can be shared with other unit owners and the unit owner has not provided the association with a request to opt out of such dissemination with other unit owners.An association must ensure that the e-mail addresses and facsimile numbers are only used for the business operation of the association and may not be sold or shared with outside third parties.If such personal information is included in documents that are released to third parties,other than unit owners,the association must redact such personal information before the document is disseminated (c)3.e.However,the association is not liable for an inadvertent disclosure of the e-mail address or facsimile number for receiving electronic transmission of notices unless such disclosure was made with a knowing or intentional disregard of the protected nature of such information. 8.All current insurance policies of the association and condominiums operated by the association. 9.A current copy of any management agreement,lease,or other contract to which the association is a party or under which the association or the unit owners have an obligation or responsibility. 10.Bills of sale or transfer for all property owned by the association. 11.Accounting records for the association and separate accounting records for each condominium that the association operates.Any person who knowingly or intentionally defaces or destroys such records,or who knowingly or intentionally fails to create or maintain such records,with the intent of causing harm to the association or one or more of its members,is personally subject to a civil penalty pursuant to s.718.501(1)(e)s. 718.501(1)(d).The accounting records must include,but are not limited to: Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 11 CODING:Words stricken are deletions;words underlined are additions. Page 5350 of 5419 a.Accurate,itemized,and detailed records of all receipts and expendi- tures. b.All invoices,transaction receipts,or deposit slips that substantiate any receipt or expenditure of funds by the association. c.b.A current account and a monthly,bimonthly,or quarterly statement of the account for each unit designating the name of the unit owner,the due date and amount of each assessment,the amount paid on the account,and the balance due. d.c.All audits,reviews,accounting statements,structural integrity reserve studies,and financial reports of the association or condominium. Structural integrity reserve studies must be maintained for at least 15 years after the study is completed. e.d.All contracts for work to be performed.Bids for work to be performed are also considered official records and must be maintained by the association for at least 1 year after receipt of the bid. 12.Ballots,sign-in sheets,voting proxies,and all other papers and electronic records relating to voting by unit owners,which must be maintained for 1 year from the date of the election,vote,or meeting to which the document relates,notwithstanding paragraph (b). 13.All rental records if the association is acting as agent for the rental of condominium units. 14.A copy of the current question and answer sheet as described in s. 718.504. 15.A copy of the inspection reports described in ss.553.899 and 718.301(4)(p)and any other inspection report relating to a structural or life safety inspection of condominium property.Such record must be maintained by the association for 15 years after receipt of the report. 16.Bids for materials,equipment,or services. 17.All affirmative acknowledgments made pursuant to s.718.121(4)(c). 18.A copy of all building permits. 19.A copy of all satisfactorily completed board member educational certificates. 20.18.All other written records of the association not specifically included in the foregoing which are related to the operation of the association. (b)The official records specified in subparagraphs (a)1.-6.must be permanently maintained from the inception of the association.Bids for work to be performed or for materials,equipment,or services must be maintained Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 12 CODING:Words stricken are deletions;words underlined are additions. Page 5351 of 5419 for at least 1 year after receipt of the bid.All other official records must be maintained within the state for at least 7 years,unless otherwise provided by general law.The official records must be maintained in an organized manner that facilitates inspection of the records by a unit owner.In the event that the official records are lost,destroyed,or otherwise unavailable, the obligation to maintain the official records includes a good faith obligation to obtain and recover those records as is reasonably possible.The records of the association shall be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located within 10 working days after receipt of a written request by the board or its designee.However,such distance requirement does not apply to an association governing a timeshare condominium.This paragraph and paragraph (c)may be complied with by having a copy of the official records of the association available for inspection or copying on the condominium property or association property,or the association may offer the option of making the records available to a unit owner electronically via the Internet as provided under paragraph (g)or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.The association is not responsible for the use or misuse of the information provided to an association member or his or her authorized representative in compliance with this chapter unless the association has an affirmative duty not to disclose such information under this chapter. (c)1.a.(c)1.The official records of the association are open to inspection by any association member and any person authorized by an association member as a representative of such member at all reasonable times.The right to inspect the records includes the right to make or obtain copies,at the reasonable expense,if any,of the member and of the person authorized by the association member as a representative of such member.A renter of a unit has a right to inspect and copy only the declaration of condominium,the association’s bylaws and rules,and the inspection reports described in ss. 553.899 and 718.301(4)(p).The association may adopt reasonable rules regarding the frequency,time,location,notice,and manner of record inspections and copying but may not require a member to demonstrate any purpose or state any reason for the inspection.The failure of an association to provide the records within 10 working days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this paragraph.A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply.Minimum damages are $50 per calendar day for up to 10 days,beginning on the 11th working day after receipt of the written request.The failure to permit inspection entitles any person prevailing in an enforcement action to recover reason- able attorney fees from the person in control of the records who,directly or indirectly,knowingly denied access to the records.If the requested records are posted on an association’s website,or are available for download through an application on a mobile device,the association may fulfill its obligations under this paragraph by directing to the website or the application all persons authorized to request access. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 13 CODING:Words stricken are deletions;words underlined are additions. Page 5352 of 5419 b.In response to a written request to inspect records,the association must simultaneously provide to the requestor a checklist of all records made available for inspection and copying.The checklist must also identify any of the association’s official records that were not made available to the requestor.An association must maintain a checklist provided under this sub-subparagraph for 7 years.An association delivering a checklist pursuant to this sub-subparagraph creates a rebuttable presumption that the association has complied with this paragraph. 2.A director or member of the board or association or a community association manager who knowingly,willfully,and repeatedly violates subparagraph 1.commits a misdemeanor of the second degree,punishable as provided in s.775.082 or s.775.083,and must be removed from office and a vacancy declared.For purposes of this subparagraph,the term “repeat- edly”means two or more violations within a 12-month period. 3.2.Any person who knowingly or intentionally defaces or destroys accounting records that are required by this chapter to be maintained during the period for which such records are required to be maintained,or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained,with the intent of causing harm to the association or one or more of its members,commits a misdemeanor of the first degree,punishable as provided in s.775.082 or s.775.083,is personally subject to a civil penalty pursuant to s. 718.501(1)(d),and must be removed from office and a vacancy declared. 4.A person who willfully and knowingly refuses to release or otherwise produce association records with the intent to avoid or escape detection, arrest,trial,or punishment for the commission of a crime,or to assist another person with such avoidance or escape,commits a felony of the third degree,punishable as provided in s.775.082,s.775.083,or s.775.084,and must be removed from office and a vacancy declared. 5.3.The association shall maintain an adequate number of copies of the declaration,articles of incorporation,bylaws,and rules,and all amendments to each of the foregoing,as well as the question and answer sheet as described in s.718.504 and year-end financial information required under this section,on the condominium property to ensure their availability to unit owners and prospective purchasers,and may charge its actual costs for preparing and furnishing these documents to those requesting the docu- ments.An association shall allow a member or his or her authorized representative to use a portable device,including a smartphone,tablet, portable scanner,or any other technology capable of scanning or taking photographs,to make an electronic copy of the official records in lieu of the association’s providing the member or his or her authorized representative with a copy of such records.The association may not charge a member or his or her authorized representative for the use of a portable device.Notwith- standing this paragraph,the following records are not accessible to unit owners: Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 14 CODING:Words stricken are deletions;words underlined are additions. Page 5353 of 5419 a.Any record protected by the lawyer-client privilege as described in s. 90.502 and any record protected by the work-product privilege,including a record prepared by an association attorney or prepared at the attorney’s express direction,which reflects a mental impression,conclusion,litigation strategy,or legal theory of the attorney or the association,and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings,or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings. b.Information obtained by an association in connection with the approval of the lease,sale,or other transfer of a unit. c.Personnel records of association or management company employees, including,but not limited to,disciplinary,payroll,health,and insurance records.For purposes of this sub-subparagraph,the term “personnel records”does not include written employment agreements with an associa- tion employee or management company,or budgetary or financial records that indicate the compensation paid to an association employee. d.Medical records of unit owners. e.Social security numbers,driver license numbers,credit card numbers, e-mail addresses,telephone numbers,facsimile numbers,emergency contact information,addresses of a unit owner other than as provided to fulfill the association’s notice requirements,and other personal identifying informa- tion of any person,excluding the person’s name,unit designation,mailing address,property address,and any address,e-mail address,or facsimile number provided to the association to fulfill the association’s notice requirements.Notwithstanding the restrictions in this sub-subparagraph, an association may print and distribute to unit owners a directory containing the name,unit address,and all telephone numbers of each unit owner. However,an owner may exclude his or her telephone numbers from the directory by so requesting in writing to the association.An owner may consent in writing to the disclosure of other contact information described in this sub-subparagraph.The association is not liable for the inadvertent disclosure of information that is protected under this sub-subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association. f.Electronic security measures that are used by the association to safeguard data,including passwords. g.The software and operating system used by the association which allow the manipulation of data,even if the owner owns a copy of the same software used by the association.The data is part of the official records of the association. h.All affirmative acknowledgments made pursuant to s.718.121(4)(c). Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 15 CODING:Words stricken are deletions;words underlined are additions. Page 5354 of 5419 (d)The association shall prepare a question and answer sheet as described in s.718.504,and shall update it annually. (e)1.The association or its authorized agent is not required to provide a prospective purchaser or lienholder with information about the condomin- ium or the association other than information or documents required by this chapter to be made available or disclosed.The association or its authorized agent may charge a reasonable fee to the prospective purchaser,lienholder, or the current unit owner for providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder,other than that required by law,if the fee does not exceed $150 plus the reasonable cost of photocopying and any attorney’s fees incurred by the association in connection with the response. 2.An association and its authorized agent are not liable for providing such information in good faith pursuant to a written request if the person providing the information includes a written statement in substantially the following form:“The responses herein are made in good faith and to the best of my ability as to their accuracy.” (f)An outgoing board or committee member must relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election.The division shall impose a civil penalty as set forth in s.718.501(1)(d)6.against an outgoing board or committee member who willfully and knowingly fails to relinquish such records and property. (g)1.By January 1,2019,an association managing a condominium with 150 or more units which does not contain timeshare units shall post digital copies of the documents specified in subparagraph 2.on its website or make such documents available through an application that can be downloaded on a mobile device. a.The association’s website or application must be: (I)An independent website,application,or web portal wholly owned and operated by the association;or (II)A website,application,or web portal operated by a third-party provider with whom the association owns,leases,rents,or otherwise obtains the right to operate a web page,subpage,web portal,collection of subpages or web portals,or an application which is dedicated to the association’s activities and on which required notices,records,and documents may be posted or made available by the association. b.The association’s website or application must be accessible through the Internet and must contain a subpage,web portal,or other protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the association. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 16 CODING:Words stricken are deletions;words underlined are additions. Page 5355 of 5419 c.Upon a unit owner’s written request,the association must provide the unit owner with a username and password and access to the protected sections of the association’s website or application which contain any notices, records,or documents that must be electronically provided. 2.A current copy of the following documents must be posted in digital format on the association’s website or application: a.The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration. b.The recorded bylaws of the association and each amendment to the bylaws. c.The articles of incorporation of the association,or other documents creating the association,and each amendment to the articles of incorpora- tion or other documents.The copy posted pursuant to this sub-subparagraph must be a copy of the articles of incorporation filed with the Department of State. d.The rules of the association. e.A list of all executory contracts or documents to which the association is a party or under which the association or the unit owners have an obligation or responsibility and,after bidding for the related materials, equipment,or services has closed,a list of bids received by the association within the past year.Summaries of bids for materials,equipment,or services which exceed $500 must be maintained on the website or application for 1 year.In lieu of summaries,complete copies of the bids may be posted. f.The annual budget required by s.718.112(2)(f)and any proposed budget to be considered at the annual meeting. g.The financial report required by subsection (13)and any monthly income or expense statement to be considered at a meeting. h.The certification of each director required by s.718.112(2)(d)4.b. i.All contracts or transactions between the association and any director, officer,corporation,firm,or association that is not an affiliated condomin- ium association or any other entity in which an association director is also a director or officer and financially interested. j.Any contract or document regarding a conflict of interest or possible conflict of interest as provided in ss.468.4335,468.436(2)(b)6.,and 718.3027(3). k.The notice of any unit owner meeting and the agenda for the meeting, as required by s.718.112(2)(d)3.,no later than 14 days before the meeting. The notice must be posted in plain view on the front page of the website or Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 17 CODING:Words stricken are deletions;words underlined are additions. Page 5356 of 5419 application,or on a separate subpage of the website or application labeled “Notices”which is conspicuously visible and linked from the front page.The association must also post on its website or application any document to be considered and voted on by the owners during the meeting or any document listed on the agenda at least 7 days before the meeting at which the document or the information within the document will be considered. l.Notice of any board meeting,the agenda,and any other document required for the meeting as required by s.718.112(2)(c),which must be posted no later than the date required for notice under s.718.112(2)(c). m.The inspection reports described in ss.553.899 and 718.301(4)(p)and any other inspection report relating to a structural or life safety inspection of condominium property. n.The association’s most recent structural integrity reserve study,if applicable. o.Copies of all building permits issued for ongoing or planned construc- tion. 3.The association shall ensure that the information and records described in paragraph (c),which are not allowed to be accessible to unit owners,are not posted on the association’s website or application.If protected information or information restricted from being accessible to unit owners is included in documents that are required to be posted on the association’s website or application,the association shall ensure the information is redacted before posting the documents.Notwithstanding the foregoing,the association or its agent is not liable for disclosing information that is protected or restricted under this paragraph unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information. 4.The failure of the association to post information required under subparagraph 2.is not in and of itself sufficient to invalidate any action or decision of the association’s board or its committees. (13)FINANCIAL REPORTING.—Within 90 days after the end of the fiscal year,or annually on a date provided in the bylaws,the association shall prepare and complete,or contract for the preparation and completion of,a financial report for the preceding fiscal year.Within 21 days after the final financial report is completed by the association or received from the third party,but not later than 120 days after the end of the fiscal year or other date as provided in the bylaws,the association shall deliver mail to each unit owner by United States mail or personal delivery at the mailing address,property address,e-mail address,or facsimile number provided to fulfill the association’s notice requirements at the address last furnished to the association by the unit owner,or hand deliver to each unit owner,a copy of the most recent financial report,and or a notice that a copy of the most recent financial report will be mailed or hand delivered to the unit owner, Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 18 CODING:Words stricken are deletions;words underlined are additions. Page 5357 of 5419 without charge,within 5 business days after receipt of a written request from the unit owner.The division shall adopt rules setting forth uniform accounting principles and standards to be used by all associations and addressing the financial reporting requirements for multicondominium associations.The rules must include,but not be limited to,standards for presenting a summary of association reserves,including a good faith estimate disclosing the annual amount of reserve funds that would be necessary for the association to fully fund reserves for each reserve item based on the straight-line accounting method.This disclosure is not applicable to reserves funded via the pooling method.In adopting such rules,the division shall consider the number of members and annual revenues of an association.Financial reports shall be prepared as follows: (a)An association that meets the criteria of this paragraph shall prepare a complete set of financial statements in accordance with generally accepted accounting principles.The financial statements must be based upon the association’s total annual revenues,as follows: 1.An association with total annual revenues of $150,000 or more,but less than $300,000,shall prepare compiled financial statements. 2.An association with total annual revenues of at least $300,000,but less than $500,000,shall prepare reviewed financial statements. 3.An association with total annual revenues of $500,000 or more shall prepare audited financial statements. (b)1.An association with total annual revenues of less than $150,000 shall prepare a report of cash receipts and expenditures. 2.A report of cash receipts and disbursements must disclose the amount of receipts by accounts and receipt classifications and the amount of expenses by accounts and expense classifications,including,but not limited to,the following,as applicable:costs for security,professional and manage- ment fees and expenses,taxes,costs for recreation facilities,expenses for refuse collection and utility services,expenses for lawn care,costs for building maintenance and repair,insurance costs,administration and salary expenses,and reserves accumulated and expended for capital expenditures,deferred maintenance,and any other category for which the association maintains reserves. (c)An association may prepare,without a meeting of or approval by the unit owners: 1.Compiled,reviewed,or audited financial statements,if the association is required to prepare a report of cash receipts and expenditures; 2.Reviewed or audited financial statements,if the association is required to prepare compiled financial statements;or Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 19 CODING:Words stricken are deletions;words underlined are additions. Page 5358 of 5419 3.Audited financial statements if the association is required to prepare reviewed financial statements. (d)If approved by a majority of the voting interests present at a properly called meeting of the association,an association may prepare: 1.A report of cash receipts and expenditures in lieu of a compiled, reviewed,or audited financial statement; 2.A report of cash receipts and expenditures or a compiled financial statement in lieu of a reviewed or audited financial statement;or 3.A report of cash receipts and expenditures,a compiled financial statement,or a reviewed financial statement in lieu of an audited financial statement. Such meeting and approval must occur before the end of the fiscal year and is effective only for the fiscal year in which the vote is taken.An association may not prepare a financial report pursuant to this paragraph for consecutive fiscal years,except that the approval may also be effective for the following fiscal year.If the developer has not turned over control of the association,all unit owners,including the developer,may vote on issues related to the preparation of the association’s financial reports,from the date of incorporation of the association through the end of the second fiscal year after the fiscal year in which the certificate of a surveyor and mapper is recorded pursuant to s.718.104(4)(e)or an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit is recorded,whichever occurs first.Thereafter,all unit owners except the developer may vote on such issues until control is turned over to the association by the developer.Any audit or review prepared under this section shall be paid for by the developer if done before turnover of control of the association. (e)A unit owner may provide written notice to the division of the association’s failure to mail or hand deliver him or her a copy of the most recent financial report within 5 business days after he or she submitted a written request to the association for a copy of such report.If the division determines that the association failed to mail or hand deliver a copy of the most recent financial report to the unit owner,the division shall provide written notice to the association that the association must mail or hand deliver a copy of the most recent financial report to the unit owner and the division within 5 business days after it receives such notice from the division.An association that fails to comply with the division’s request may not waive the financial reporting requirement provided in paragraph (d)for the fiscal year in which the unit owner’s request was made and the following fiscal year.A financial report received by the division pursuant to this paragraph shall be maintained,and the division shall provide a copy of such report to an association member upon his or her request. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 20 CODING:Words stricken are deletions;words underlined are additions. Page 5359 of 5419 (15)DEBIT CARDS.— (a)An association and its officers,directors,employees,and agents may not use a debit card issued in the name of the association,or billed directly to the association,for the payment of any association expense. (b)A person who uses Use of a debit card issued in the name of the association,or billed directly to the association,for any expense that is not a lawful obligation of the association commits theft under s.812.014 and must be removed from office and a vacancy declared.For the purposes of this paragraph,the term “lawful obligation of the association”means an obligation that has been properly preapproved by the board and is reflected in the meeting minutes or the written budget may be prosecuted as credit card fraud pursuant to s.817.61. Section 8.Effective January 1,2026,paragraph (g)of subsection (12)of section 718.111,Florida Statutes,as amended by this act,is amended to read: 718.111 The association.— (12)OFFICIAL RECORDS.— (g)1.By January 1,2019,An association managing a condominium with 25 150 or more units which does not contain timeshare units shall post digital copies of the documents specified in subparagraph 2.on its website or make such documents available through an application that can be down- loaded on a mobile device. a.The association’s website or application must be: (I)An independent website,application,or web portal wholly owned and operated by the association;or (II)A website,application,or web portal operated by a third-party provider with whom the association owns,leases,rents,or otherwise obtains the right to operate a web page,subpage,web portal,collection of subpages or web portals,or an application which is dedicated to the association’s activities and on which required notices,records,and documents may be posted or made available by the association. b.The association’s website or application must be accessible through the Internet and must contain a subpage,web portal,or other protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the association. c.Upon a unit owner’s written request,the association must provide the unit owner with a username and password and access to the protected sections of the association’s website or application which contain any notices, records,or documents that must be electronically provided. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 21 CODING:Words stricken are deletions;words underlined are additions. Page 5360 of 5419 2.A current copy of the following documents must be posted in digital format on the association’s website or application: a.The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration. b.The recorded bylaws of the association and each amendment to the bylaws. c.The articles of incorporation of the association,or other documents creating the association,and each amendment to the articles of incorpora- tion or other documents.The copy posted pursuant to this sub-subparagraph must be a copy of the articles of incorporation filed with the Department of State. d.The rules of the association. e.A list of all executory contracts or documents to which the association is a party or under which the association or the unit owners have an obligation or responsibility and,after bidding for the related materials, equipment,or services has closed,a list of bids received by the association within the past year.Summaries of bids for materials,equipment,or services which exceed $500 must be maintained on the website or application for 1 year.In lieu of summaries,complete copies of the bids may be posted. f.The annual budget required by s.718.112(2)(f)and any proposed budget to be considered at the annual meeting. g.The financial report required by subsection (13)and any monthly income or expense statement to be considered at a meeting. h.The certification of each director required by s.718.112(2)(d)4.b. i.All contracts or transactions between the association and any director, officer,corporation,firm,or association that is not an affiliated condomin- ium association or any other entity in which an association director is also a director or officer and financially interested. j.Any contract or document regarding a conflict of interest or possible conflict of interest as provided in ss.468.4335,468.436(2)(b)6.,and 718.3027(3). k.The notice of any unit owner meeting and the agenda for the meeting, as required by s.718.112(2)(d)3.,no later than 14 days before the meeting. The notice must be posted in plain view on the front page of the website or application,or on a separate subpage of the website or application labeled “Notices”which is conspicuously visible and linked from the front page.The association must also post on its website or application any document to be considered and voted on by the owners during the meeting or any document Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 22 CODING:Words stricken are deletions;words underlined are additions. Page 5361 of 5419 listed on the agenda at least 7 days before the meeting at which the document or the information within the document will be considered. l.Notice of any board meeting,the agenda,and any other document required for the meeting as required by s.718.112(2)(c),which must be posted no later than the date required for notice under s.718.112(2)(c). m.The inspection reports described in ss.553.899 and 718.301(4)(p)and any other inspection report relating to a structural or life safety inspection of condominium property. n.The association’s most recent structural integrity reserve study,if applicable. o.Copies of all building permits issued for ongoing or planned construc- tion. 3.The association shall ensure that the information and records described in paragraph (c),which are not allowed to be accessible to unit owners,are not posted on the association’s website or application.If protected information or information restricted from being accessible to unit owners is included in documents that are required to be posted on the association’s website or application,the association shall ensure the information is redacted before posting the documents.Notwithstanding the foregoing,the association or its agent is not liable for disclosing information that is protected or restricted under this paragraph unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information. 4.The failure of the association to post information required under subparagraph 2.is not in and of itself sufficient to invalidate any action or decision of the association’s board or its committees. Section 9.Paragraphs (c),(d),(f),(g),and (q)of subsection (2)of section 718.112,Florida Statutes,are amended,and paragraph (r)is added to that subsection,to read: 718.112 Bylaws.— (2)REQUIRED PROVISIONS.—The bylaws shall provide for the following and,if they do not do so,shall be deemed to include the following: (c)Board of administration meetings.—In a residential condominium association of more than 10 units,the board of administration shall meet at least once each quarter.At least four times each year,the meeting agenda must include an opportunity for members to ask questions of the board. Meetings of the board of administration at which a quorum of the members is present are open to all unit owners.Members of the board of adminis- tration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail.A unit owner may tape record or videotape the meetings.The right to attend such meetings includes the right Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 23 CODING:Words stricken are deletions;words underlined are additions. Page 5362 of 5419 to speak at such meetings with reference to all designated agenda items and the right to ask questions relating to reports on the status of construction or repair projects,the status of revenues and expenditures during the current fiscal year,and other issues affecting the condominium.The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting.The association may adopt written reasonable rules governing the frequency,duration,and manner of unit owner statements. 1.Adequate notice of all board meetings,which must specifically identify all agenda items,must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting except in an emergency.If 20 percent of the voting interests petition the board to address an item of business,the board,within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose.An item not included on the notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members.Such emergency action must be noticed and ratified at the next regular board meeting.Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding unit use will be considered must be mailed,delivered,or electronically transmitted to the unit owners and posted conspicuously on the condominium property at least 14 days before the meeting.Evidence of compliance with this 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association.Notice of any meeting in which regular or special assessments against unit owners are to be considered must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments. 2.Upon notice to the unit owners,the board shall,by duly adopted rule, designate a specific location on the condominium property at which where all notices of board meetings must be posted.If there is no condominium property at which where notices can be posted,notices shall be mailed, delivered,or electronically transmitted to each unit owner at least 14 days before the meeting.In lieu of or in addition to the physical posting of the notice on the condominium property,the association may,by reasonable rule,adopt a procedure for conspicuously posting and repeatedly broad- casting the notice and the agenda on a closed-circuit cable television system serving the condominium association.However,if broadcast notice is used in lieu of a notice physically posted on condominium property,the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section.If broadcast notice is provided,the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda.In addition to any of the authorized means of providing notice of a meeting of the board,the association may,by rule,adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 24 CODING:Words stricken are deletions;words underlined are additions. Page 5363 of 5419 period of time for which a notice of a meeting is also required to be physically posted on the condominium property.Any rule adopted shall,in addition to other matters,include a requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members,which must include a hyperlink to the website at which where the notice is posted, to unit owners whose e-mail addresses are included in the association’s official records. 3.Notice of any meeting in which regular or special assessments against unit owners are to be considered must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments.If an agenda item relates to the approval of a contract for goods or services,a copy of the contract must be provided with the notice and be made available for inspection and copying upon a written request from a unit owner or made available on the association’s website or through an application that can be downloaded on a mobile device. 4.2.Meetings of a committee to take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this paragraph.Meetings of a committee that does not take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to this section,unless those meetings are exempted from this section by the bylaws of the association. 5.3.Notwithstanding any other law,the requirement that board meet- ings and committee meetings be open to the unit owners does not apply to: a.Meetings between the board or a committee and the association’s attorney,with respect to proposed or pending litigation,if the meeting is held for the purpose of seeking or rendering legal advice;or b.Board meetings held for the purpose of discussing personnel matters. (d)Unit owner meetings.— 1.An annual meeting of the unit owners must be held at the location provided in the association bylaws and,if the bylaws are silent as to the location,the meeting must be held within 45 miles of the condominium property.However,such distance requirement does not apply to an association governing a timeshare condominium. 2.Unless the bylaws provide otherwise,a vacancy on the board caused by the expiration of a director’s term must be filled by electing a new board member,and the election must be by secret ballot.An election is not required if the number of vacancies equals or exceeds the number of candidates.For purposes of this paragraph,the term “candidate”means an eligible person who has timely submitted the written notice,as described in sub-subpar- agraph 4.a.,of his or her intention to become a candidate.Except in a timeshare or nonresidential condominium,or if the staggered term of a board member does not expire until a later annual meeting,or if all Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 25 CODING:Words stricken are deletions;words underlined are additions. Page 5364 of 5419 members’terms would otherwise expire but there are no candidates,the terms of all board members expire at the annual meeting,and such members may stand for reelection unless prohibited by the bylaws.Board members may serve terms longer than 1 year if permitted by the bylaws or articles of incorporation.A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two- thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.Only board service that occurs on or after July 1,2018,may be used when calculating a board member’s term limit.If the number of board members whose terms expire at the annual meeting equals or exceeds the number of candidates,the candidates become members of the board effective upon the adjournment of the annual meeting.Unless the bylaws provide otherwise, any remaining vacancies shall be filled by the affirmative vote of the majority of the directors making up the newly constituted board even if the directors constitute less than a quorum or there is only one director.In a residential condominium association of more than 10 units or in a residential condominium association that does not include timeshare units or timeshare interests,co-owners of a unit may not serve as members of the board of directors at the same time unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.A unit owner in a residential condominium desiring to be a candidate for board membership must comply with sub-subpara- graph 4.a.and must be eligible to be a candidate to serve on the board of directors at the time of the deadline for submitting a notice of intent to run in order to have his or her name listed as a proper candidate on the ballot or to serve on the board.A person who has been suspended or removed by the division under this chapter,or who is delinquent in the payment of any assessment due to the association,is not eligible to be a candidate for board membership and may not be listed on the ballot.For purposes of this paragraph,a person is delinquent if a payment is not made by the due date as specifically identified in the declaration of condominium,bylaws,or articles of incorporation.If a due date is not specifically identified in the declaration of condominium,bylaws,or articles of incorporation,the due date is the first day of the assessment period.A person who has been convicted of any felony in this state or in a United States District or Territorial Court,or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state,is not eligible for board membership unless such felon’s civil rights have been restored for at least 5 years as of the date such person seeks election to the board.The validity of an action by the board is not affected if it is later determined that a board member is ineligible for board membership due to having been convicted of a felony.This subparagraph does not limit the term of a member of the board of a nonresidential or timeshare condominium. 3.The bylaws must provide the method of calling meetings of unit owners,including annual meetings.Written notice of an annual meeting must include an agenda;be mailed,hand delivered,or electronically transmitted to each unit owner at least 14 days before the annual meeting; Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 26 CODING:Words stricken are deletions;words underlined are additions. Page 5365 of 5419 and be posted in a conspicuous place on the condominium property or association property at least 14 continuous days before the annual meeting. Written notice of a meeting other than an annual meeting must include an agenda;be mailed,hand delivered,or electronically transmitted to each unit owner;and be posted in a conspicuous place on the condominium property or association property within the timeframe specified in the bylaws.If the bylaws do not specify a timeframe for written notice of a meeting other than an annual meeting,notice must be provided at least 14 continuous days before the meeting.Upon notice to the unit owners,the board shall,by duly adopted rule,designate a specific location on the condominium property or association property at which where all notices of unit owner meetings must be posted.This requirement does not apply if there is no condominium property for posting notices.In lieu of,or in addition to,the physical posting of meeting notices,the association may,by reasonable rule,adopt a procedure for conspicuously posting and repeatedly broadcasting the notice and the agenda on a closed-circuit cable television system serving the condominium association.However,if broadcast notice is used in lieu of a notice posted physically on the condominium property,the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section.If broadcast notice is provided,the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda.In addition to any of the authorized means of providing notice of a meeting of the board,the association may,by rule,adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property.Any rule adopted shall,in addition to other matters,include a requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members,which must include a hyperlink to the website at which where the notice is posted, to unit owners whose e-mail addresses are included in the association’s official records.Unless a unit owner waives in writing the right to receive notice of the annual meeting,such notice must be hand delivered,mailed,or electronically transmitted to each unit owner.Notice for meetings and notice for all other purposes must be mailed to each unit owner at the address last furnished to the association by the unit owner,or hand delivered to each unit owner.However,if a unit is owned by more than one person,the association must provide notice to the address that the developer identifies for that purpose and thereafter as one or more of the owners of the unit advise the association in writing,or if no address is given or the owners of the unit do not agree,to the address provided on the deed of record.An officer of the association,or the manager or other person providing notice of the association meeting,must provide an affidavit or United States Postal Service certificate of mailing,to be included in the official records of the association affirming that the notice was mailed or hand delivered in accordance with this provision. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 27 CODING:Words stricken are deletions;words underlined are additions. Page 5366 of 5419 4.The members of the board of a residential condominium shall be elected by written ballot or voting machine.Proxies may not be used in electing the board in general elections or elections to fill vacancies caused by recall,resignation,or otherwise,unless otherwise provided in this chapter. This subparagraph does not apply to an association governing a timeshare condominium. a.At least 60 days before a scheduled election,the association shall mail, deliver,or electronically transmit,by separate association mailing or included in another association mailing,delivery,or transmission,including regularly published newsletters,to each unit owner entitled to a vote,a first notice of the date of the election.A unit owner or other eligible person desiring to be a candidate for the board must give written notice of his or her intent to be a candidate to the association at least 40 days before a scheduled election.Together with the written notice and agenda as set forth in subparagraph 3.,the association shall mail,deliver,or electronically transmit a second notice of the election to all unit owners entitled to vote, together with a ballot that lists all candidates not less than 14 days or more than 34 days before the date of the election.Upon request of a candidate,an information sheet,no larger than 8 1/2 inches by 11 inches,which must be furnished by the candidate at least 35 days before the election,must be included with the mailing,delivery,or transmission of the ballot,with the costs of mailing,delivery,or electronic transmission and copying to be borne by the association.The association is not liable for the contents of the information sheets prepared by the candidates.In order to reduce costs,the association may print or duplicate the information sheets on both sides of the paper.The division shall by rule establish voting procedures consistent with this sub-subparagraph,including rules establishing procedures for giving notice by electronic transmission and rules providing for the secrecy of ballots.Elections shall be decided by a plurality of ballots cast.There is no quorum requirement;however,at least 20 percent of the eligible voters must cast a ballot in order to have a valid election.A unit owner may not authorize any other person to vote his or her ballot,and any ballots improperly cast are invalid.A unit owner who violates this provision may be fined by the association in accordance with s.718.303.A unit owner who needs assistance in casting the ballot for the reasons stated in s.101.051 may obtain such assistance.The regular election must occur on the date of the annual meeting.Notwithstanding this sub-subparagraph,an election is not required unless more candidates file notices of intent to run or are nominated than board vacancies exist. b.A director of a Within 90 days after being elected or appointed to the board of an association of a residential condominium,each newly elected or appointed director shall: (I)Certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium,articles of incorporation, bylaws,and current written policies;that he or she will work to uphold such documents and policies to the best of his or her ability;and that he or she will Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 28 CODING:Words stricken are deletions;words underlined are additions. Page 5367 of 5419 faithfully discharge his or her fiduciary responsibility to the association’s members. (II)Submit to the secretary of the association In lieu of this written certification,within 90 days after being elected or appointed to the board,the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum administered by the division or a division-approved condominium education provider.The educational curriculum must be at least 4 hours long and include instruction on milestone inspections,structural integrity reserve studies,elections, recordkeeping,financial literacy and transparency,levying of fines,and notice and meeting requirements within 1 year before or 90 days after the date of election or appointment. Each newly elected or appointed director must submit to the secretary of the association the written certification and educational certificate within 1 year before being elected or appointed or 90 days after the date of election or appointment.A director of an association of a residential condominium who was elected or appointed before July 1,2024,must comply with the written certification and educational certificate requirements in this sub-subpara- graph by June 30,2025.The written certification and or educational certificate is valid for 7 years after the date of issuance and does not have to be resubmitted as long as the director serves on the board without interruption during the 7-year period.A director who is appointed by the developer may satisfy the educational certificate requirement in sub-sub- subparagraph (II)for any subsequent appointment to a board by a developer within 7 years after the date of issuance of the most recent educational certificate,including any interruption of service on a board or appointment to a board in another association within that 7-year period.One year after submission of the most recent written certification and educational certificate,and annually thereafter,a director of an association of a residential condominium must submit to the secretary of the association a certificate of having satisfactorily completed at least 1 hour of continuing education administered by the division,or a division-approved condominium education provider,relating to any recent changes to this chapter and the related administrative rules during the past year.A director of an association of a residential condominium who fails to timely file the written certification and or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph.The board may temporarily fill the vacancy during the period of suspension.The secretary shall cause the association to retain a director’s written certification and or educational certificate for inspection by the members for 7 5 years after a director’s election or the duration of the director’s uninterrupted tenure, whichever is longer.Failure to have such written certification and or educational certificate on file does not affect the validity of any board action. c.Any challenge to the election process must be commenced within 60 days after the election results are announced. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 29 CODING:Words stricken are deletions;words underlined are additions. Page 5368 of 5419 5.Any approval by unit owners called for by this chapter or the applicable declaration or bylaws,including,but not limited to,the approval requirement in s.718.111(8),must be made at a duly noticed meeting of unit owners and is subject to all requirements of this chapter or the applicable condominium documents relating to unit owner decisionmaking,except that unit owners may take action by written agreement,without meetings,on matters for which action by written agreement without meetings is expressly allowed by the applicable bylaws or declaration or any law that provides for such action. 6.Unit owners may waive notice of specific meetings if allowed by the applicable bylaws or declaration or any law.Notice of meetings of the board of administration;unit owner meetings,except unit owner meetings called to recall board members under paragraph (l);and committee meetings may be given by electronic transmission to unit owners who consent to receive notice by electronic transmission.A unit owner who consents to receiving notices by electronic transmission is solely responsible for removing or bypassing filters that block receipt of mass e-mails sent to members on behalf of the association in the course of giving electronic notices. 7.Unit owners have the right to participate in meetings of unit owners with reference to all designated agenda items.However,the association may adopt reasonable rules governing the frequency,duration,and manner of unit owner participation. 8.A unit owner may tape record or videotape a meeting of the unit owners subject to reasonable rules adopted by the division. 9.Unless otherwise provided in the bylaws,any vacancy occurring on the board before the expiration of a term may be filled by the affirmative vote of the majority of the remaining directors,even if the remaining directors constitute less than a quorum,or by the sole remaining director.In the alternative,a board may hold an election to fill the vacancy,in which case the election procedures must conform to sub-subparagraph 4.a.unless the association governs 10 units or fewer and has opted out of the statutory election process,in which case the bylaws of the association control.Unless otherwise provided in the bylaws,a board member appointed or elected under this section shall fill the vacancy for the unexpired term of the seat being filled.Filling vacancies created by recall is governed by paragraph (l) and rules adopted by the division. 10.This chapter does not limit the use of general or limited proxies, require the use of general or limited proxies,or require the use of a written ballot or voting machine for any agenda item or election at any meeting of a timeshare condominium association or nonresidential condominium asso- ciation. Notwithstanding subparagraph (b)2.and sub-subparagraph 4.a.,an asso- ciation of 10 or fewer units may,by affirmative vote of a majority of the total voting interests,provide for different voting and election procedures in its Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 30 CODING:Words stricken are deletions;words underlined are additions. Page 5369 of 5419 bylaws,which may be by a proxy specifically delineating the different voting and election procedures.The different voting and election procedures may provide for elections to be conducted by limited or general proxy. (f)Annual budget.— 1.The proposed annual budget of estimated revenues and expenses must be detailed and must show the amounts budgeted by accounts and expense classifications,including,at a minimum,any applicable expenses listed in s. 718.504(21).The board shall adopt the annual budget at least 14 days before the start of the association’s fiscal year.In the event that the board fails to timely adopt the annual budget a second time,it is deemed a minor violation and the prior year’s budget shall continue in effect until a new budget is adopted.A multicondominium association must adopt a separate budget of common expenses for each condominium the association operates and must adopt a separate budget of common expenses for the association.In addition, if the association maintains limited common elements with the cost to be shared only by those entitled to use the limited common elements as provided for in s.718.113(1),the budget or a schedule attached to it must show the amount budgeted for this maintenance.If,after turnover of control of the association to the unit owners,any of the expenses listed in s. 718.504(21)are not applicable,they do not need to be listed. 2.a.In addition to annual operating expenses,the budget must include reserve accounts for capital expenditures and deferred maintenance.These accounts must include,but are not limited to,roof replacement,building painting,and pavement resurfacing,regardless of the amount of deferred maintenance expense or replacement cost,and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000. The amount to be reserved must be computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of the reserve item.In a budget adopted by an association that is required to obtain a structural integrity reserve study, reserves must be maintained for the items identified in paragraph (g)for which the association is responsible pursuant to the declaration of condominium,and the reserve amount for such items must be based on the findings and recommendations of the association’s most recent structur- al integrity reserve study.With respect to items for which an estimate of useful life is not readily ascertainable or with an estimated remaining useful life of greater than 25 years,an association is not required to reserve replacement costs for such items,but an association must reserve the amount of deferred maintenance expense,if any,which is recommended by the structural integrity reserve study for such items.The association may adjust replacement reserve assessments annually to take into account an inflation adjustment and any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance.The members of a unit-owner-controlled association may determine,by a majority vote of the total voting interests of the association,to provide no reserves or less reserves than required by this subsection.For a budget adopted on or after December 31,2024,the members of a unit-owner-controlled association that Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 31 CODING:Words stricken are deletions;words underlined are additions. Page 5370 of 5419 must obtain a structural integrity reserve study may not determine to provide no reserves or less reserves than required by this subsection for items listed in paragraph (g),except that members of an association operating a multicondominium may determine to provide no reserves or less reserves than required by this subsection if an alternative funding method has been approved by the division.If the local building official,as defined in s.468.603,determines that the entire condominium building is uninhabitable due to a natural emergency,as defined in s.252.34,the board, upon the approval of a majority of its members,may pause the contribution to its reserves or reduce reserve funding until the local building official determines that the condominium building is habitable.Any reserve account funds held by the association may be expended,pursuant to the board’s determination,to make the condominium building and its structures habitable.Upon the determination by the local building official that the condominium building is habitable,the association must immediately resume contributing funds to its reserves. b.Before turnover of control of an association by a developer to unit owners other than a developer under s.718.301,the developer-controlled association may not vote to waive the reserves or reduce funding of the reserves.If a meeting of the unit owners has been called to determine whether to waive or reduce the funding of reserves and no such result is achieved or a quorum is not attained,the reserves included in the budget shall go into effect.After the turnover,the developer may vote its voting interest to waive or reduce the funding of reserves. 3.Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts,and may be used only for authorized reserve expenditures unless their use for other purposes is approved in advance by a majority vote of all the total voting interests of the association.Before turnover of control of an association by a developer to unit owners other than the developer pursuant to s.718.301,the developer-controlled association may not vote to use reserves for purposes other than those for which they were intended.For a budget adopted on or after December 31,2024, members of a unit-owner-controlled association that must obtain a struc- tural integrity reserve study may not vote to use reserve funds,or any interest accruing thereon,for any other purpose other than the replacement or deferred maintenance costs of the components listed in paragraph (g). 4.The only voting interests that are eligible to vote on questions that involve waiving or reducing the funding of reserves,or using existing reserve funds for purposes other than purposes for which the reserves were intended,are the voting interests of the units subject to assessment to fund the reserves in question.Proxy questions relating to waiving or reducing the funding of reserves or using existing reserve funds for purposes other than purposes for which the reserves were intended must contain the following statement in capitalized,bold letters in a font size larger than any other used on the face of the proxy ballot:WAIVING OF RESERVES,IN WHOLE OR IN PART,OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 32 CODING:Words stricken are deletions;words underlined are additions. Page 5371 of 5419 FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS RE- GARDING THOSE ITEMS. (g)Structural integrity reserve study.— 1.A residential condominium association must have a structural integrity reserve study completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height,as determined by the Florida Building Code,which includes,at a minimum,a study of the following items as related to the structural integrity and safety of the building: a.Roof. b.Structure,including load-bearing walls and other primary structural members and primary structural systems as those terms are defined in s. 627.706. c.Fireproofing and fire protection systems. d.Plumbing. e.Electrical systems. f.Waterproofing and exterior painting. g.Windows and exterior doors. h.Any other item that has a deferred maintenance expense or replace- ment cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-g.,as determined by the visual inspection portion of the structural integrity reserve study. 2.A structural integrity reserve study is based on a visual inspection of the condominium property.A structural integrity reserve study may be performed by any person qualified to perform such study.However,the visual inspection portion of the structural integrity reserve study must be performed or verified by an engineer licensed under chapter 471,an architect licensed under chapter 481,or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts. 3.At a minimum,a structural integrity reserve study must identify each item of the condominium property being visually inspected,state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of each item of the condominium property being visually inspected,and provide a reserve funding schedule with a recommended annual reserve amount that achieves the estimated replace- ment cost or deferred maintenance expense of each item of condominium property being visually inspected by the end of the estimated remaining Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 33 CODING:Words stricken are deletions;words underlined are additions. Page 5372 of 5419 useful life of the item.The structural integrity reserve study may recommend that reserves do not need to be maintained for any item for which an estimate of useful life and an estimate of replacement cost cannot be determined,or the study may recommend a deferred maintenance expense amount for such item.The structural integrity reserve study may recommend that reserves for replacement costs do not need to be maintained for any item with an estimated remaining useful life of greater than 25 years,but the study may recommend a deferred maintenance expense amount for such item. 4.This paragraph does not apply to buildings less than three stories in height;single-family,two-family,or three-family dwellings with three or fewer habitable stories above ground;any portion or component of a building that has not been submitted to the condominium form of ownership;or any portion or component of a building that is maintained by a party other than the association. 5.Before a developer turns over control of an association to unit owners other than the developer,the developer must have a turnover inspection report in compliance with s.718.301(4)(p)and (q)for each building on the condominium property that is three stories or higher in height. 6.Associations existing on or before July 1,2022,which are controlled by unit owners other than the developer,must have a structural integrity reserve study completed by December 31,2024,for each building on the condominium property that is three stories or higher in height.An association that is required to complete a milestone inspection in accordance with s.553.899 on or before December 31,2026,may complete the structural integrity reserve study simultaneously with the milestone inspection.In no event may the structural integrity reserve study be completed after December 31,2026. 7.If the milestone inspection required by s.553.899,or an inspection completed for a similar local requirement,was performed within the past 5 years and meets the requirements of this paragraph,such inspection may be used in place of the visual inspection portion of the structural integrity reserve study. 8.If the officers or directors of an association willfully and knowingly fail to complete a structural integrity reserve study pursuant to this paragraph, such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners under s.718.111(1). 9.Within 45 days after receiving the structural integrity reserve study, the association must distribute a copy of the study to each unit owner or deliver to each unit owner a notice that the completed study is available for inspection and copying upon a written request.Distribution of a copy of the study or notice must be made by United States mail or personal delivery to the mailing address,property address,or any other address of the owner provided to fulfill the association’s notice requirements under this chapter, Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 34 CODING:Words stricken are deletions;words underlined are additions. Page 5373 of 5419 or by electronic transmission to the e-mail address or facsimile number provided to fulfill the association’s notice requirements to unit owners who previously consented to receive notice by electronic transmission. 10.Within 45 days after receiving the structural integrity reserve study, the association must provide the division with a statement indicating that the study was completed and that the association provided or made available such study to each unit owner in accordance with this section.The statement must be provided to the division in the manner established by the division using a form posted on the division’s website. (q)Director or officer offenses.— 1.A director or an officer charged by information or indictment with any of the following crimes must be removed from office: a.Forgery,as provided in s.831.01,of a ballot envelope or voting certificate used in a condominium association election. b.Theft,as provided in s.812.014,or embezzlement involving the association’s funds or property. c.Destruction of,or the refusal to allow inspection or copying of,an official record of a condominium association which is accessible to unit owners within the time periods required by general law,in furtherance of any crime.Such act constitutes tampering with physical evidence as provided in s.918.13. d.Obstruction of justice under chapter 843. e.Any criminal violation under this chapter. 2.The board shall fill the vacancy in accordance with paragraph (2)(d)a felony theft or embezzlement offense involving the association’s funds or property must be removed from office,creating a vacancy in the office to be filled according to law until the end of the period of the suspension or the end of the director’s term of office,whichever occurs first.While such director or officer has such criminal charge pending,he or she may not be appointed or elected to a position as a director or officer of any association and may not have access to the official records of any association,except pursuant to a court order.However,if the charges are resolved without a finding of guilt, the director or officer shall be reinstated for the remainder of his or her term of office,if any. (r)Fraudulent voting activities relating to association elections;penal- ties.— 1.A person who engages in the following acts of fraudulent voting activity relating to association elections commits a misdemeanor of the first degree,punishable as provided in s.775.082 or s.775.083: Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 35 CODING:Words stricken are deletions;words underlined are additions. Page 5374 of 5419 a.Willfully and falsely swearing to or affirming an oath or affirmation, or willfully procuring another person to falsely swear to or affirm an oath or affirmation,in connection with or arising out of voting activities. b.Perpetrating or attempting to perpetrate,or aiding in the perpetration of,fraud in connection with a vote cast,to be cast,or attempted to be cast. c.Preventing a member from voting or preventing a member from voting as he or she intended by fraudulently changing or attempting to change a ballot,ballot envelope,vote,or voting certificate of the member. d.Menacing,threatening,or using bribery or any other corruption to attempt,directly or indirectly,to influence,deceive,or deter a member when the member is voting. e.Giving or promising,directly or indirectly,anything of value to another member with the intent to buy the vote of that member or another member or to corruptly influence that member or another member in casting his or her vote.This sub-subparagraph does not apply to any food served which is to be consumed at an election rally or a meeting or to any item of nominal value which is used as an election advertisement,including a campaign message designed to be worn by a member. f.Using or threatening to use,directly or indirectly,force,violence,or intimidation or any tactic of coercion or intimidation to induce or compel a member to vote or refrain from voting in an election or on a particular ballot measure. 2.Each of the following acts constitutes a misdemeanor of the first degree,punishable as provided in s.775.082 or s.775.083: a.Knowingly aiding,abetting,or advising a person in the commission of a fraudulent voting activity related to association elections. b.Agreeing,conspiring,combining,or confederating with at least one other person to commit a fraudulent voting activity related to association elections. c.Having knowledge of a fraudulent voting activity related to associa- tion elections and giving any aid to the offender with intent that the offender avoid or escape detection,arrest,trial,or punishment.This sub-subpara- graph does not apply to a licensed attorney giving legal advice to a client. Section 10.Subsection (5)of section 718.113,Florida Statutes,is amended to read: 718.113 Maintenance;limitation upon improvement;display of flag; hurricane shutters and protection;display of religious decorations.— (5)To protect the health,safety,and welfare of the people of the state and to ensure uniformity and consistency in the hurricane protections Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 36 CODING:Words stricken are deletions;words underlined are additions. Page 5375 of 5419 installed by condominium associations and unit owners,this subsection applies to all residential and mixed-use condominiums in the state, regardless of when the condominium is created pursuant to the declaration of condominium.Each board of administration of a residential condominium or mixed-use condominium must shall adopt hurricane protection shutter specifications for each building within each condominium operated by the association which may shall include color,style,and other factors deemed relevant by the board.All specifications adopted by the board must comply with the applicable building code.The installation,maintenance,repair, replacement,and operation of hurricane protection in accordance with this subsection is not considered a material alteration or substantial addition to the common elements or association property within the meaning of this section. (a)The board may,subject to s.718.3026 and the approval of a majority of voting interests of the residential condominium or mixed-use condomin- ium,install or require that unit owners install hurricane shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection that complies comply with or exceeds exceed the applicable building code.A vote of the unit owners to require the installation of hurricane protection must be set forth in a certificate attesting to such vote and include the date that the hurricane protection must be installed. The board must record the certificate in the public records of the county in which the condominium is located.Once the certificate is recorded,the board must mail or hand deliver a copy of the recorded certificate to the unit owners at the owners’addresses,as reflected in the records of the association.The board may provide to unit owners who previously consented to receive notice by electronic transmission a copy of the recorded certificate by electronic transmission.The failure to record the certificate or send a copy of the recorded certificate to the unit owners does not affect the validity or enforceability of the vote of the unit owners.However,A vote of the unit owners under this paragraph is not required if the installation,main- tenance,repair,and replacement of the hurricane shutters,impact glass, code-compliant windows or doors,or other types of code-compliant hurricane protection,or any exterior windows,doors,or other apertures protected by the hurricane protection,is are the responsibility of the association pursuant to the declaration of condominium as originally recorded or as amended,or if the unit owners are required to install hurricane protection pursuant to the declaration of condominium as originally recorded or as amended.If hurricane protection or laminated glass or window film architecturally designed to function as hurricane protection that complies with or exceeds the current applicable building code has been previously installed,the board may not install the same type of hurricane shutters,impact glass,code- compliant windows or doors,or other types of code-compliant hurricane protection or require that unit owners install the same type of hurricane protection unless the installed hurricane protection has reached the end of its useful life or unless it is necessary to prevent damage to the common elements or to a unit except upon approval by a majority vote of the voting interests. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 37 CODING:Words stricken are deletions;words underlined are additions. Page 5376 of 5419 (b)The association is responsible for the maintenance,repair,and replacement of the hurricane shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection authorized by this subsection if such property is the responsibility of the association pursuant to the declaration of condominium.If the hurricane shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection are the responsibility of the unit owners pursuant to the declaration of condominium,the maintenance,repair,and replacement of such items are the responsibility of the unit owner. (b)(c)The board may operate shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection installed pursuant to this subsection without permission of the unit owners only if such operation is necessary to preserve and protect the condominium property or and association property.The installation,replacement,opera- tion,repair,and maintenance of such shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection in accordance with the procedures set forth in this paragraph are not a material alteration to the common elements or association property within the meaning of this section. (c)(d)Notwithstanding any other provision in the residential condomin- ium or mixed-use condominium documents,if approval is required by the documents,a board may not refuse to approve the installation or replace- ment of hurricane shutters,impact glass,code-compliant windows or doors, or other types of code-compliant hurricane protection by a unit owner which conforms conforming to the specifications adopted by the board.However,a board may require the unit owner to adhere to an existing unified building scheme regarding the external appearance of the condominium. (d)A unit owner is not responsible for the cost of any removal or reinstallation of hurricane protection,including exterior windows,doors,or other apertures,if its removal is necessary for the maintenance,repair,or replacement of other condominium property or association property for which the association is responsible.The board shall determine if the removal or reinstallation of hurricane protection must be completed by the unit owner or the association.If such removal or reinstallation is completed by the association,the costs incurred by the association may not be charged to the unit owner.If such removal or reinstallation is completed by the unit owner,the association must reimburse the unit owner for the cost of the removal or reinstallation or the association must apply a credit toward future assessments in the amount of the unit owner’s cost to remove or reinstall the hurricane protection. (e)If the removal or reinstallation of hurricane protection,including exterior windows,doors,or other apertures,is the responsibility of the unit owner and the association completes such removal or reinstallation and then charges the unit owner for such removal or reinstallation,such charges are enforceable as an assessment and may be collected in the manner provided under s.718.116. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 38 CODING:Words stricken are deletions;words underlined are additions. Page 5377 of 5419 Section 11.Paragraph (e)of subsection (1)of section 718.115,Florida Statutes,is amended to read: 718.115 Common expenses and common surplus.— (1) (e)1.Except as provided in s.718.113(5)(d),The expense of installation, replacement,operation,repair,and maintenance of hurricane shutters, impact glass,code-compliant windows or doors,or other types of code- compliant hurricane protection by the board pursuant to s.718.113(5) constitutes a common expense and shall be collected as provided in this section if the association is responsible for the maintenance,repair,and replacement of the hurricane shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection pursuant to the declaration of condominium.However,if the installation of maintenance,repair,and replacement of the hurricane shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection is are the responsibility of the unit owners pursuant to the declaration of condominium or a vote of the unit owners under s. 718.113(5),the cost of the installation of the hurricane shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection by the association is not a common expense and must shall be charged individually to the unit owners based on the cost of installation of the hurricane shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection appurtenant to the unit.The costs of installation of hurricane protection are enforceable as an assessment and may be collected in the manner provided under s. 718.116. 2.Notwithstanding s.718.116(9),and regardless of whether or not the declaration requires the association or unit owners to install,maintain, repair,or replace hurricane shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection,the a unit owner of a unit in which who has previously installed hurricane shutters in accordance with s.718.113(5)that comply with the current applicable building code shall receive a credit when the shutters are installed;a unit owner who has previously installed impact glass or code-compliant windows or doors that comply with the current applicable building code shall receive a credit when the impact glass or code-compliant windows or doors are installed;and a unit owner who has installed other types of code-compliant hurricane protection that complies comply with the current applicable building code has been installed is excused from any assessment levied by the association or shall receive a credit if when the same type of other code- compliant hurricane protection is installed by the association.A credit is applicable if the installation of hurricane protection is for all other units that do not have hurricane protection and the cost of such installation is funded by the association’s budget,including the use of reserve funds.The credit must be equal to the amount that the unit owner would have been assessed to install the hurricane protection,and the credit shall be equal to the pro Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 39 CODING:Words stricken are deletions;words underlined are additions. Page 5378 of 5419 rata portion of the assessed installation cost assigned to each unit.However, such unit owner remains responsible for the pro rata share of expenses for hurricane shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection installed on common elements and association property by the board pursuant to s.718.113(5)and remains responsible for a pro rata share of the expense of the replacement,operation, repair,and maintenance of such shutters,impact glass,code-compliant windows or doors,or other types of code-compliant hurricane protection. Expenses for the installation,replacement,operation,repair,or mainte- nance of hurricane protection on common elements and association property are common expenses. Section 12.Paragraph (a)of subsection (4)of section 718.121,Florida Statutes,is amended to read: 718.121 Liens.— (4)(a)If an association sends out an invoice for assessments or a unit’s statement of the account described in s.718.111(12)(a)11.c.s.718.111(12)(a) 11.b.,the invoice for assessments or the unit’s statement of account must be delivered to the unit owner by first-class United States mail or by electronic transmission to the unit owner’s e-mail address maintained in the associa- tion’s official records. Section 13.Section 718.124,Florida Statutes,is amended to read: 718.124 Limitation on actions by association.—The statute of limitations and statute of repose for any actions in law or equity which a condominium association or a cooperative association may have shall not begin to run until the unit owners have elected a majority of the members of the board of administration. Section 14.Section 718.1224,Florida Statutes,is amended to read: 718.1224 Prohibition against SLAPP suits;other prohibited actions.— (1)It is the intent of the Legislature to protect the right of condominium unit owners to exercise their rights to instruct their representatives and petition for redress of grievances before their condominium associations and the various governmental entities of this state as protected by the First Amendment to the United States Constitution and s.5,Art.I of the State Constitution.The Legislature recognizes that strategic lawsuits against public participation,or “SLAPP suits,”as they are typically referred to,have occurred when association members are sued by condominium associations, individuals,business entities,or governmental entities arising out of a condominium unit owner’s appearance and presentation before the board of the condominium association or a governmental entity on matters related to the condominium association.However,it is the public policy of this state that condominium associations,governmental entities,business organiza- tions,and individuals not engage in SLAPP suits,because such actions are Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 40 CODING:Words stricken are deletions;words underlined are additions. Page 5379 of 5419 inconsistent with the right of condominium unit owners to participate in their condominium association and in the state’s institutions of government. Therefore,the Legislature finds and declares that prohibiting such lawsuits by condominium associations,governmental entities,business entities,and individuals against condominium unit owners who address matters con- cerning their condominium association will preserve this fundamental state policy,preserve the constitutional rights of condominium unit owners,and ensure the continuation of representative government in this state,and ensure unit owner participation in condominium associations.It is the intent of the Legislature that such lawsuits be expeditiously disposed of by the courts.As used in this subsection,the term “governmental entity”means the state,including the executive,legislative,and judicial branches of govern- ment;law enforcement agencies;the independent establishments of the state,counties,municipalities,districts,authorities,boards,or commis- sions;or any agencies of these branches that are subject to chapter 286. (2)A condominium association,governmental entity,business organiza- tion,or individual in this state may not file or cause to be filed through its employees or agents any lawsuit,cause of action,claim,cross-claim,or counterclaim against a condominium unit owner without merit and solely because such condominium unit owner has exercised the right to instruct his or her representatives or the right to petition for redress of grievances before the condominium association or the various governmental entities of this state,as protected by the First Amendment to the United States Constitu- tion and s.5,Art.I of the State Constitution. (3)It is unlawful for a condominium association to fine,discriminatorily increase a unit owner’s assessments,discriminatorily decrease services to a unit owner,or bring or threaten to bring an action for possession or other civil action,including a defamation,libel,slander,or tortious interference action,based on conduct described in this subsection.In order for the unit owner to raise the defense of retaliatory conduct,the unit owner must have acted in good faith and not for any improper purposes,such as to harass or to cause unnecessary delay or for frivolous purpose or needless increase in the cost of litigation.Examples of conduct for which a condominium association, an officer,a director,or an agent of an association may not retaliate include, but are not limited to,situations in which: (a)The unit owner has in good faith complained to a governmental agency charged with responsibility for enforcement of a building,housing,or health code of a suspected violation applicable to the condominium; (b)The unit owner has organized,encouraged,or participated in a unit owners’organization; (c)The unit owner submitted information or filed a complaint alleging criminal violations or violations of this chapter or the rules of the division with the division,the Office of the Condominium Ombudsman,a law enforcement agency,a state attorney,the Attorney General,or any other governmental agency; Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 41 CODING:Words stricken are deletions;words underlined are additions. Page 5380 of 5419 (d)The unit owner has exercised his or her rights under this chapter; (e)The unit owner has complained to the association or any of the association’s representatives for the failure to comply with this chapter or chapter 617;or (f)The unit owner has made public statements critical of the operation or management of the association. (4)Evidence of retaliatory conduct may be raised by the unit owner as a defense in any action brought against him or her for possession. (5)(3)A condominium unit owner sued by a condominium association, governmental entity,business organization,or individual in violation of this section has a right to an expeditious resolution of a claim that the suit is in violation of this section.A condominium unit owner may petition the court for an order dismissing the action or granting final judgment in favor of that condominium unit owner.The petitioner may file a motion for summary judgment,together with supplemental affidavits,seeking a determination that the condominium association’s,governmental entity’s,business orga- nization’s,or individual’s lawsuit has been brought in violation of this section.The condominium association,governmental entity,business organization,or individual shall thereafter file its response and any supplemental affidavits.As soon as practicable,the court shall set a hearing on the petitioner’s motion,which shall be held at the earliest possible time after the filing of the condominium association’s,governmental entity’s, business organization’s,or individual’s response.The court may award the condominium unit owner sued by the condominium association,govern- mental entity,business organization,or individual actual damages arising from the condominium association’s,governmental entity’s,individual’s,or business organization’s violation of this section.A court may treble the damages awarded to a prevailing condominium unit owner and shall state the basis for the treble damages award in its judgment.The court shall award the prevailing party reasonable attorney’s fees and costs incurred in connection with a claim that an action was filed in violation of this section. (6)(4)Condominium associations may not expend association funds in prosecuting a SLAPP suit against a condominium unit owner. (7)Condominium associations may not expend association funds in support of a defamation,libel,slander,or tortious interference action against a unit owner or any other claim against a unit owner based on conduct described in subsection (3). Section 15.Section 718.128,Florida Statutes,is amended to read: 718.128 Electronic voting.—The association may conduct elections and other unit owner votes through an Internet-based online voting system if a unit owner consents,electronically or in writing,to online voting and if the following requirements are met: Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 42 CODING:Words stricken are deletions;words underlined are additions. Page 5381 of 5419 (1)The association provides each unit owner with: (a)A method to authenticate the unit owner’s identity to the online voting system. (b)For elections of the board,a method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot. (c)A method to confirm,at least 14 days before the voting deadline,that the unit owner’s electronic device can successfully communicate with the online voting system. (2)The association uses an online voting system that is: (a)Able to authenticate the unit owner’s identity. (b)Able to authenticate the validity of each electronic vote to ensure that the vote is not altered in transit. (c)Able to transmit a receipt from the online voting system to each unit owner who casts an electronic vote. (d)For elections of the board of administration,able to permanently separate any authentication or identifying information from the electronic election ballot,rendering it impossible to tie an election ballot to a specific unit owner. (e)Able to store and keep electronic votes accessible to election officials for recount,inspection,and review purposes. (3)A unit owner voting electronically pursuant to this section shall be counted as being in attendance at the meeting for purposes of determining a quorum.A substantive vote of the unit owners may not be taken on any issue other than the issues specifically identified in the electronic vote,when a quorum is established based on unit owners voting electronically pursuant to this section. (4)This section applies to an association that provides for and authorizes an online voting system pursuant to this section by a board resolution.If the board authorizes online voting,the board must honor a unit owner’s request to vote electronically at all subsequent elections,unless such unit owner opts out of online voting.The board resolution must provide that unit owners receive notice of the opportunity to vote through an online voting system, must establish reasonable procedures and deadlines for unit owners to consent,electronically or in writing,to online voting,and must establish reasonable procedures and deadlines for unit owners to opt out of online voting after giving consent.Written notice of a meeting at which the resolution will be considered must be mailed,delivered,or electronically transmitted to the unit owners and posted conspicuously on the condomin- ium property or association property at least 14 days before the meeting. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 43 CODING:Words stricken are deletions;words underlined are additions. Page 5382 of 5419 Evidence of compliance with the 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association. (5)A unit owner’s consent to online voting is valid until the unit owner opts out of online voting according to the procedures established by the board of administration pursuant to subsection (4). (6)This section may apply to any matter that requires a vote of the unit owners who are not members of a timeshare condominium association. Section 16.Effective October 1,2024,subsections (1)and (3)of section 718.202,Florida Statutes,are amended to read: 718.202 Sales or reservation deposits prior to closing.— (1)If a developer contracts to sell a condominium parcel and the construction,furnishing,and landscaping of the property submitted or proposed to be submitted to condominium ownership has not been substantially completed in accordance with the plans and specifications and representations made by the developer in the disclosures required by this chapter,the developer shall pay into an escrow account all payments up to 10 percent of the sale price received by the developer from the buyer towards the sale price.The escrow agent shall give to the purchaser a receipt for the deposit,upon request.In lieu of the foregoing concerning residential condominiums,the division director has the discretion to accept other assurances,including,but not limited to,a surety bond or an irrevocable letter of credit in an amount equal to the escrow requirements of this section. With respect to nonresidential condominiums,the developer may deliver to the escrow agent a surety bond or an irrevocable letter of credit in an amount equivalent to the aggregate of some or all of all payments,up to 10 percent of the sale price,received by the developer from all buyers toward the sale price.In all cases,the aggregate of the initial 10 percent deposits being released must be secured by a surety bond or irrevocable letter of credit in an equivalent amount.Default determinations and refund of deposits shall be governed by the escrow release provision of this subsection.Funds shall be released from escrow as follows: (a)If a buyer properly terminates the contract pursuant to its terms or pursuant to this chapter,the funds shall be paid to the buyer together with any interest earned. (b)If the buyer defaults in the performance of his or her obligations under the contract of purchase and sale,the funds shall be paid to the developer together with any interest earned. (c)If the contract does not provide for the payment of any interest earned on the escrowed funds,interest shall be paid to the developer at the closing of the transaction. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 44 CODING:Words stricken are deletions;words underlined are additions. Page 5383 of 5419 (d)If the funds of a buyer have not been previously disbursed in accordance with the provisions of this subsection,they may be disbursed to the developer by the escrow agent at the closing of the transaction,unless prior to the disbursement the escrow agent receives from the buyer written notice of a dispute between the buyer and developer. (3)If the contract for sale of the condominium unit so provides,the developer may withdraw escrow funds in excess of 10 percent of the purchase price from the special account required by subsection (2)when the construction of improvements has begun.He or she may use the funds for the actual costs incurred by the developer in the construction and development of the condominium property,or the easements and rights appurtenant thereto,in which the unit to be sold is located.For purposes of this subsection,the term “actual costs”includes,but is not limited to, expenditures for demolition,site clearing,permit fees,impact fees,and utility reservation fees,as well as architectural,engineering,and surveying fees that directly relate to construction and development of the condominium property or the easements and rights appurtenant thereto.However,no part of these funds may be used for salaries,commissions,or expenses of salespersons;for advertising,marketing,or promotional purposes;or for loan fees and costs,principal and interest on loans,attorney fees,accounting fees,or insurance costs.A contract that which permits use of the advance payments for these purposes must shall include the following legend conspicuously printed or stamped in boldfaced type on the first page of the contract and immediately above the place for the signature of the buyer: “ANY PAYMENT IN EXCESS OF 10 PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER.” Section 17.Paragraph (p)of subsection (4)of section 718.301,Florida Statutes,is amended to read: 718.301 Transfer of association control;claims of defect by association. (4)At the time that unit owners other than the developer elect a majority of the members of the board of administration of an association,the developer shall relinquish control of the association,and the unit owners shall accept control.Simultaneously,or for the purposes of paragraph (c)not more than 90 days thereafter,the developer shall deliver to the association, at the developer’s expense,all property of the unit owners and of the association which is held or controlled by the developer,including,but not limited to,the following items,if applicable,as to each condominium operated by the association: (p)Notwithstanding when the certificate of occupancy was issued or the height of the building,a turnover inspection report included in the official records,under seal of an architect or engineer authorized to practice in this state or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 45 CODING:Words stricken are deletions;words underlined are additions. Page 5384 of 5419 Professional Reserve Analysts,and consisting of a structural integrity reserve study attesting to required maintenance,condition,useful life,and replacement costs of the following applicable condominium property: 1.Roof. 2.Structure,including load-bearing walls and primary structural members and primary structural systems as those terms are defined in s. 627.706. 3.Fireproofing and fire protection systems. 4.Plumbing. 5.Electrical systems. 6.Waterproofing and exterior painting. 7.Windows and exterior doors. Section 18.Subsections (4)and (5)of section 718.3027,Florida Statutes, are amended to read: 718.3027 Conflicts of interest.— (4)A director or an officer,or a relative of a director or an officer,who is a party to,or has an interest in,an activity that is a possible conflict of interest,as described in subsection (1),may attend the meeting at which the activity is considered by the board and is authorized to make a presentation to the board regarding the activity.After the presentation,the director or officer,and any or the relative of the director or officer,must leave the meeting during the discussion of,and the vote on,the activity.A director or an officer who is a party to,or has an interest in,the activity must recuse himself or herself from the vote.The attendance of a director or an officer with a possible conflict of interest at the meeting of the board is sufficient to constitute a quorum for the meeting and the vote in his or her absence on the proposed activity. (5)A contract entered into between a director or an officer,or a relative of a director or an officer,and the association,which is not a timeshare condominium association,that has not been properly disclosed as a conflict of interest or potential conflict of interest as required by this section or s. 617.0832 s.718.111(12)(g)is voidable and terminates upon the filing of a written notice terminating the contract with the board of directors which contains the consent of at least 20 percent of the voting interests of the association. Section 19.Subsection (5)of section 718.303,Florida Statutes,is amended to read: 718.303 Obligations of owners and occupants;remedies.— Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 46 CODING:Words stricken are deletions;words underlined are additions. Page 5385 of 5419 (5)An association may suspend the voting rights of a unit owner or member due to nonpayment of any fee,fine,or other monetary obligation due to the association which is more than $1,000 and more than 90 days delinquent.Proof of such obligation must be provided to the unit owner or member 30 days before such suspension takes effect.At least 90 days before an election,an association must notify a unit owner or member that his or her voting rights may be suspended due to a nonpayment of a fee or other monetary obligation.A voting interest or consent right allocated to a unit owner or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action,and the suspended voting interests shall not be considered for any purpose,including,but not limited to,the percentage or number of voting interests necessary to constitute a quorum,the percentage or number of voting interests required to conduct an election,or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the declaration,articles of incorporation, or bylaws.The suspension ends upon full payment of all obligations currently due or overdue the association.The notice and hearing require- ments under subsection (3)do not apply to a suspension imposed under this subsection. Section 20.Effective October 1,2024,section 718.407,Florida Statutes, is created to read: 718.407 Condominiums created within a portion of a building or within a multiple parcel building.— (1)A condominium may be created in accordance with this section within a portion of a building or within a multiple parcel building,as defined in s. 193.0237(1). (2)The common elements of a condominium created within a portion of a building or within a multiple parcel building are only those portions of the building submitted to the condominium form of ownership,excluding the units of such condominium. (3)The declaration of condominium that creates a condominium within a portion of a building or within a multiple parcel building,the recorded instrument that creates the multiple parcel building,and any other recorded instrument applicable under this section must specify all of the following: (a)The portions of the building which are included in the condominium and the portions of the building which are excluded. (b)The party responsible for maintaining and operating those portions of the building which are shared facilities,including,but not limited to,the roof,the exterior of the building,the windows,the balconies,the elevators, Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 47 CODING:Words stricken are deletions;words underlined are additions. Page 5386 of 5419 the building lobby,the corridors,the recreational amenities,and the utilities. (c)1.The manner in which the expenses for the maintenance and operation of the shared facilities will be apportioned.An owner of a portion of a building which is not submitted to the condominium form of ownership or the condominium association,as applicable to the portion of the building submitted to the condominium form of ownership,must approve any increase to the apportionment of expenses to such portion of the building. The apportionment of the expenses for the maintenance and operation of the shared facilities may be based on any of the following criteria or any combination thereof: a.The area or volume of each portion of the building in relation to the total area or volume of the entire building,exclusive of the shared facilities. b.The initial estimated market value of each portion of the building in comparison to the total initial estimated market value of the entire building. c.The extent to which the unit owners are permitted to use various shared facilities. 2.This paragraph does not preclude an alternative apportionment of expenses as long as such apportionment is stated in the declaration of condominium that creates a condominium within a portion of a building or within a multiple parcel building,the recorded instrument that creates the multiple parcel building,or any other recorded instrument applicable under this section. (d)The party responsible for collecting the shared expenses. (e)The rights and remedies that are available to enforce payment of the shared expenses. (4)The association of a condominium subject to this section may inspect and copy the books and records upon which the costs for maintaining and operating the shared facilities are based and to receive an annual budget with respect to such costs. (5)Each contract for the sale of a unit in a condominium subject to this section must contain in conspicuous type a clause that substantially states: DISCLOSURE SUMMARY THE CONDOMINIUM IN WHICH YOUR UNIT IS LOCATED IS CREATED WITHIN A PORTION OF A BUILDING OR WITHIN A MULTIPLE PARCEL BUILDING.THE COMMON ELEMENTS OF THE CONDOMINIUM CONSIST ONLY OF THE PORTIONS OF THE BUILDING SUBMITTED TO THE CONDOMINIUM FORM OF OWN- ERSHIP. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 48 CODING:Words stricken are deletions;words underlined are additions. Page 5387 of 5419 BUYER ACKNOWLEDGES ALL OF THE FOLLOWING: (1)THE CONDOMINIUM MAY HAVE MINIMAL COMMON ELE- MENTS. (2)PORTIONS OF THE BUILDING WHICH ARE NOT INCLUDED IN THE CONDOMINIUM ARE OR WILL BE GOVERNED BY A SEPARATE RECORDED INSTRUMENT.SUCH INSTRUMENT CONTAINS IMPORTANT PROVISIONS AND RIGHTS AND IS OR WILL BE AVAILABLE IN PUBLIC RECORDS. (3)THE PARTY THAT CONTROLS THE MAINTENANCE AND OPERATION OF THE PORTIONS OF THE BUILDING WHICH ARE NOT INCLUDED IN THE CONDOMINIUM DETERMINES THE BUDGET FOR THE OPERATION AND MAINTENANCE OF SUCH PORTIONS.HOWEVER,THE ASSOCIATION AND UNIT OWNERS ARE STILL RESPONSIBLE FOR THEIR SHARE OF SUCH EX- PENSES. (4)THE ALLOCATION BETWEEN THE UNIT OWNERS AND THE OWNERS OF THE PORTIONS OF THE BUILDING WHICH ARE NOT INCLUDED IN THE CONDOMINIUM OF THE COSTS TO MAINTAIN AND OPERATE THE BUILDING CAN BE FOUND IN THE DECLARATION OF CONDOMINIUM OR OTHER RECORDED INSTRUMENT. (6)The creation of a multiple parcel building is not a subdivision of the land upon which such building is situated provided the land itself is not subdivided. Section 21.Subsections (1)and (2)of section 718.501,Florida Statutes, are amended to read: 718.501 Authority,responsibility,and duties of Division of Florida Condominiums,Timeshares,and Mobile Homes.— (1)The division may enforce and ensure compliance with this chapter and rules relating to the development,construction,sale,lease,ownership, operation,and management of residential condominium units and com- plaints related to the procedural completion of milestone inspections under s.553.899.In performing its duties,the division has complete jurisdiction to investigate complaints and enforce compliance with respect to associations that are still under developer control or the control of a bulk assignee or bulk buyer pursuant to part VII of this chapter and complaints against developers,bulk assignees,or bulk buyers involving improper turnover or failure to turnover,pursuant to s.718.301.However,after turnover has occurred,the division has jurisdiction to investigate complaints related only to: (a)1.Procedural aspects and records relating to financial issues,includ- ing annual financial reporting under s.718.111(13);assessments for common expenses,fines,and commingling of reserve and operating funds Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 49 CODING:Words stricken are deletions;words underlined are additions. Page 5388 of 5419 under s.718.111(14);use of debit cards for unintended purposes under s. 718.111(15);the annual operating budget and the allocation of reserve funds under s.718.112(2)(f);financial records under s.718.111(12)(a)11.;and any other record necessary to determine the revenues and expenses of the association. 2.Elections,including election and voting requirements under s. 718.112(2)(b)and (d),recall of board members under s.718.112(2)(l), electronic voting under s.718.128,and elections that occur during an emergency under s.718.1265(1)(a).financial issues,elections,and 3.The maintenance of and unit owner access to association records under s.718.111(12). 4.The procedural aspects of meetings,including unit owner meetings, quorums,voting requirements,proxies,board of administration meetings, and budget meetings under s.718.112(2). 5.The disclosure of conflicts of interest under ss.718.111(1)(a)and 718.3027,including limitations contained in s.718.111(3)(f). 6.The removal of a board director or officer under ss.718.111(1)(a)and (15)and 718.112(2)(p)and (q).,and 7.The procedural completion of structural integrity reserve studies under s.718.112(2)(g). 8.Any written inquiries by unit owners to the association relating to such matters,including written inquiries under s.718.112(2)(a)2. (b)1.(a)1.The division may make necessary public or private investiga- tions within or outside this state to determine whether any person has violated this chapter or any rule or order hereunder,to aid in the enforcement of this chapter,or to aid in the adoption of rules or forms. 2.The division may submit any official written report,worksheet,or other related paper,or a duly certified copy thereof,compiled,prepared, drafted,or otherwise made by and duly authenticated by a financial examiner or analyst to be admitted as competent evidence in any hearing in which the financial examiner or analyst is available for cross-examination and attests under oath that such documents were prepared as a result of an examination or inspection conducted pursuant to this chapter. (c)(b)The division may require or permit any person to file a statement in writing,under oath or otherwise,as the division determines,as to the facts and circumstances concerning a matter to be investigated. (d)(c)For the purpose of any investigation under this chapter,the division director or any officer or employee designated by the division director may administer oaths or affirmations,subpoena witnesses and compel their attendance,take evidence,and require the production of any Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 50 CODING:Words stricken are deletions;words underlined are additions. Page 5389 of 5419 matter which is relevant to the investigation,including the existence, description,nature,custody,condition,and location of any books,docu- ments,or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.Upon the failure by a person to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all affected persons,the division may apply to the circuit court for an order compelling compliance. (e)(d)Notwithstanding any remedies available to unit owners and associations,if the division has reasonable cause to believe that a violation of any provision of this chapter or related rule has occurred,the division may institute enforcement proceedings in its own name against any developer, bulk assignee,bulk buyer,association,officer,or member of the board of administration,or its assignees or agents,as follows: 1.The division may permit a person whose conduct or actions may be under investigation to waive formal proceedings and enter into a consent proceeding whereby orders,rules,or letters of censure or warning,whether formal or informal,may be entered against the person. 2.The division may issue an order requiring the developer,bulk assignee,bulk buyer,association,developer-designated officer,or devel- oper-designated member of the board of administration,developer-desig- nated assignees or agents,bulk assignee-designated assignees or agents, bulk buyer-designated assignees or agents,community association man- ager,or community association management firm to cease and desist from the unlawful practice and take such affirmative action as in the judgment of the division carry out the purposes of this chapter.If the division finds that a developer,bulk assignee,bulk buyer,association,officer,or member of the board of administration,or its assignees or agents,is violating or is about to violate any provision of this chapter,any rule adopted or order issued by the division,or any written agreement entered into with the division,and presents an immediate danger to the public requiring an immediate final order,it may issue an emergency cease and desist order reciting with particularity the facts underlying such findings.The emergency cease and desist order is effective for 90 days.If the division begins nonemergency cease and desist proceedings,the emergency cease and desist order remains effective until the conclusion of the proceedings under ss.120.569 and 120.57. 3.If a developer,bulk assignee,or bulk buyer fails to pay any restitution determined by the division to be owed,plus any accrued interest at the highest rate permitted by law,within 30 days after expiration of any appellate time period of a final order requiring payment of restitution or the conclusion of any appeal thereof,whichever is later,the division must bring an action in circuit or county court on behalf of any association,class of unit owners,lessees,or purchasers for restitution,declaratory relief,injunctive relief,or any other available remedy.The division may also temporarily Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 51 CODING:Words stricken are deletions;words underlined are additions. Page 5390 of 5419 revoke its acceptance of the filing for the developer to which the restitution relates until payment of restitution is made. 4.The division may petition the court for appointment of a receiver or conservator.If appointed,the receiver or conservator may take action to implement the court order to ensure the performance of the order and to remedy any breach thereof.In addition to all other means provided by law for the enforcement of an injunction or temporary restraining order,the circuit court may impound or sequester the property of a party defendant, including books,papers,documents,and related records,and allow the examination and use of the property by the division and a court-appointed receiver or conservator. 5.The division may apply to the circuit court for an order of restitution whereby the defendant in an action brought under subparagraph 4.is ordered to make restitution of those sums shown by the division to have been obtained by the defendant in violation of this chapter.At the option of the court,such restitution is payable to the conservator or receiver appointed under subparagraph 4.or directly to the persons whose funds or assets were obtained in violation of this chapter. 6.The division may impose a civil penalty against a developer,bulk assignee,or bulk buyer,or association,or its assignee or agent,for any violation of this chapter or related rule.The division may impose a civil penalty individually against an officer or board member who willfully and knowingly violates this chapter,an adopted rule,or a final order of the division;may order the removal of such individual as an officer or from the board of administration or as an officer of the association;and may prohibit such individual from serving as an officer or on the board of a community association for a period of time.The term “willfully and knowingly”means that the division informed the officer or board member that his or her action or intended action violates this chapter,a rule adopted under this chapter,or a final order of the division and that the officer or board member refused to comply with the requirements of this chapter,a rule adopted under this chapter,or a final order of the division.The division,before initiating formal agency action under chapter 120,must afford the officer or board member an opportunity to voluntarily comply,and an officer or board member who complies within 10 days is not subject to a civil penalty.A penalty may be imposed on the basis of each day of continuing violation,but the penalty for any offense may not exceed $5,000.The division shall adopt,by rule,penalty guidelines applicable to possible violations or to categories of violations of this chapter or rules adopted by the division.The guidelines must specify a meaningful range of civil penalties for each such violation of the statute and rules and must be based upon the harm caused by the violation,upon the repetition of the violation,and upon such other factors deemed relevant by the division.For example,the division may consider whether the violations were committed by a developer,bulk assignee,or bulk buyer,or owner- controlled association,the size of the association,and other factors.The guidelines must designate the possible mitigating or aggravating circum- stances that justify a departure from the range of penalties provided by the Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 52 CODING:Words stricken are deletions;words underlined are additions. Page 5391 of 5419 rules.It is the legislative intent that minor violations be distinguished from those which endanger the health,safety,or welfare of the condominium residents or other persons and that such guidelines provide reasonable and meaningful notice to the public of likely penalties that may be imposed for proscribed conduct.This subsection does not limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, agreed settlement,or consent order.All amounts collected shall be deposited with the Chief Financial Officer to the credit of the Division of Florida Condominiums,Timeshares,and Mobile Homes Trust Fund.If a developer, bulk assignee,or bulk buyer fails to pay the civil penalty and the amount deemed to be owed to the association,the division shall issue an order directing that such developer,bulk assignee,or bulk buyer cease and desist from further operation until such time as the civil penalty is paid or may pursue enforcement of the penalty in a court of competent jurisdiction.If an association fails to pay the civil penalty,the division shall pursue enforcement in a court of competent jurisdiction,and the order imposing the civil penalty or the cease and desist order is not effective until 20 days after the date of such order.Any action commenced by the division shall be brought in the county in which the division has its executive offices or in the county in which where the violation occurred. 7.If a unit owner presents the division with proof that the unit owner has requested access to official records in writing by certified mail,and that after 10 days the unit owner again made the same request for access to official records in writing by certified mail,and that more than 10 days has elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter,the division shall issue a subpoena requiring production of the requested records at the location in which where the records are kept pursuant to s.718.112. Upon receipt of the records,the division must provide to the unit owner who was denied access to such records the produced official records without charge. 8.In addition to subparagraph 6.,the division may seek the imposition of a civil penalty through the circuit court for any violation for which the division may issue a notice to show cause under paragraph (t)(r).The civil penalty shall be at least $500 but no more than $5,000 for each violation.The court may also award to the prevailing party court costs and reasonable attorney fees and,if the division prevails,may also award reasonable costs of investigation. 9.The division may issue citations and promulgate rules to provide for citation bases and citation procedures in accordance with this paragraph. (f)(e)The division may prepare and disseminate a prospectus and other information to assist prospective owners,purchasers,lessees,and devel- opers of residential condominiums in assessing the rights,privileges,and duties pertaining thereto. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 53 CODING:Words stricken are deletions;words underlined are additions. Page 5392 of 5419 (g)(f)The division may adopt rules to administer and enforce this chapter. (h)(g)The division shall establish procedures for providing notice to an association and the developer,bulk assignee,or bulk buyer during the period in which the developer,bulk assignee,or bulk buyer controls the association if the division is considering the issuance of a declaratory statement with respect to the declaration of condominium or any related document governing such condominium community. (i)(h)The division shall furnish each association that pays the fees required by paragraph (2)(a)a copy of this chapter,as amended,and the rules adopted thereto on an annual basis. (j)(i)The division shall annually provide each association with a summary of declaratory statements and formal legal opinions relating to the operations of condominiums which were rendered by the division during the previous year. (k)(j)The division shall provide training and educational programs for condominium association board members and unit owners.The training may,in the division’s discretion,include web-based electronic media and live training and seminars in various locations throughout the state.The division may review and approve education and training programs for board members and unit owners offered by providers and shall maintain a current list of approved programs and providers and make such list available to board members and unit owners in a reasonable and cost- effective manner.The division shall provide the division-approved provider with the template certificate for issuance directly to the association’s board of directors who have satisfactorily completed the requirements under s. 718.112(2)(d).The division shall adopt rules to implement this section. (l)(k)The division shall maintain a toll-free telephone number accessible to condominium unit owners. (m)(l)The division shall develop a program to certify both volunteer and paid mediators to provide mediation of condominium disputes.The division shall provide,upon request,a list of such mediators to any association,unit owner,or other participant in alternative dispute resolution proceedings under s.718.1255 requesting a copy of the list.The division shall include on the list of volunteer mediators only the names of persons who have received at least 20 hours of training in mediation techniques or who have mediated at least 20 disputes.In order to become initially certified by the division, paid mediators must be certified by the Supreme Court to mediate court cases in county or circuit courts.However,the division may adopt,by rule, additional factors for the certification of paid mediators,which must be related to experience,education,or background.Any person initially certified as a paid mediator by the division must,in order to continue to be certified,comply with the factors or requirements adopted by rule. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 54 CODING:Words stricken are deletions;words underlined are additions. Page 5393 of 5419 (n)(m)If a complaint is made,the division must conduct its inquiry with due regard for the interests of the affected parties.Within 30 days after receipt of a complaint,the division shall acknowledge the complaint in writing and notify the complainant whether the complaint is within the jurisdiction of the division and whether additional information is needed by the division from the complainant.The division shall conduct its investiga- tion and,within 90 days after receipt of the original complaint or of timely requested additional information,take action upon the complaint.However, the failure to complete the investigation within 90 days does not prevent the division from continuing the investigation,accepting or considering evidence obtained or received after 90 days,or taking administrative action if reasonable cause exists to believe that a violation of this chapter or a rule has occurred.If an investigation is not completed within the time limits established in this paragraph,the division shall,on a monthly basis,notify the complainant in writing of the status of the investigation.When reporting its action to the complainant,the division shall inform the complainant of any right to a hearing under ss.120.569 and 120.57.The division may adopt rules regarding the submission of a complaint against an association. (o)(n)Condominium association directors,officers,and employees; condominium developers;bulk assignees,bulk buyers,and community association managers;and community association management firms have an ongoing duty to reasonably cooperate with the division in any investigation under this section.The division shall refer to local law enforcement authorities any person whom the division believes has altered, destroyed,concealed,or removed any record,document,or thing required to be kept or maintained by this chapter with the purpose to impair its verity or availability in the department’s investigation.The division shall refer to local law enforcement authorities any person whom the division believes has engaged in fraud,theft,embezzlement,or other criminal activity or when the division has cause to believe that fraud,theft,embezzlement,or other criminal activity has occurred. (p)The division director or any officer or employee of the division and the condominium ombudsman or any employee of the Office of the Condominium Ombudsman may attend and observe any meeting of the board of administration or any unit owner meeting,including any meeting of a subcommittee or special committee,which is open to members of the association for the purpose of performing the duties of the division or the Office of the Condominium Ombudsman under this chapter. (q)(o)The division may: 1.Contract with agencies in this state or other jurisdictions to perform investigative functions;or 2.Accept grants-in-aid from any source. (r)(p)The division shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms,public Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 55 CODING:Words stricken are deletions;words underlined are additions. Page 5394 of 5419 offering statements,advertising standards,and rules and common admin- istrative practices. (s)(q)The division shall consider notice to a developer,bulk assignee,or bulk buyer to be complete when it is delivered to the address of the developer,bulk assignee,or bulk buyer currently on file with the division. (t)(r)In addition to its enforcement authority,the division may issue a notice to show cause,which must provide for a hearing,upon written request,in accordance with chapter 120. (u)If the division receives a complaint regarding access to official records on the association’s website or through an application that can be down- loaded on a mobile device under s.718.111(12)(g),the division may request access to the association’s website or application and investigate.The division may adopt rules to carry out this paragraph. (v)(s)The division shall submit to the Governor,the President of the Senate,the Speaker of the House of Representatives,and the chairs of the legislative appropriations committees an annual report that includes,but need not be limited to,the number of training programs provided for condominium association board members and unit owners,the number of complaints received by type,the number and percent of complaints acknowledged in writing within 30 days and the number and percent of investigations acted upon within 90 days in accordance with paragraph (n) (m),and the number of investigations exceeding the 90-day requirement. The annual report must also include an evaluation of the division’s core business processes and make recommendations for improvements,including statutory changes.After December 31,2024,the division must include a list of the associations that have completed the structural integrity reserve study required under s.718.112(2)(g).The report shall be submitted by September 30 following the end of the fiscal year. (2)(a)Each condominium association that which operates more than two units shall pay to the division an annual fee in the amount of $4 for each residential unit in condominiums operated by the association.If the fee is not paid by March 1,the association shall be assessed a penalty of 10 percent of the amount due,and the association will not have standing to maintain or defend any action in the courts of this state until the amount due,plus any penalty,is paid. (b)All fees shall be deposited in the Division of Florida Condominiums, Timeshares,and Mobile Homes Trust Fund as provided by law. (c)On the certification form provided by the division,the directors of the association shall certify that each director of the association has completed the written certification and educational certificate requirements in s. 718.112(2)(d)4.b.This certification requirement does not apply to the directors of an association governing a timeshare condominium. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 56 CODING:Words stricken are deletions;words underlined are additions. Page 5395 of 5419 Section 22.Subsection (2)of section 718.5011,Florida Statutes,is amended to read: 718.5011 Ombudsman;appointment;administration.— (2)The secretary of the Department of Business and Professional Regulation Governor shall appoint the ombudsman.The ombudsman must be an attorney admitted to practice before the Florida Supreme Court and shall serve at the pleasure of the Governor.A vacancy in the office shall be filled in the same manner as the original appointment.An officer or full-time employee of the ombudsman’s office may not actively engage in any other business or profession that directly or indirectly relates to or conflicts with his or her work in the ombudsman’s office;serve as the representative of any political party,executive committee,or other governing body of a political party;serve as an executive,officer,or employee of a political party; receive remuneration for activities on behalf of any candidate for public office;or engage in soliciting votes or other activities on behalf of a candidate for public office.The ombudsman or any employee of his or her office may not become a candidate for election to public office unless he or she first resigns from his or her office or employment. Section 23.Effective October 1,2024,paragraphs (a)and (d)of subsection (2)and subsection (3)of section 718.503,Florida Statutes,are amended to read: 718.503 Developer disclosure prior to sale;nondeveloper unit owner disclosure prior to sale;voidability.— (2)NONDEVELOPER DISCLOSURE.— (a)Each unit owner who is not a developer as defined by this chapter must comply with this subsection before the sale of his or her unit.Each prospective purchaser who has entered into a contract for the purchase of a condominium unit is entitled,at the seller’s expense,to a current copy of all of the following: 1.The declaration of condominium. 2.Articles of incorporation of the association. 3.Bylaws and rules of the association. 4.An annual financial statement and annual budget of the condominium association Financial information required by s.718.111. 5.A copy of the inspector-prepared summary of the milestone inspection report as described in s.553.899,if applicable. 6.The association’s most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 57 CODING:Words stricken are deletions;words underlined are additions. Page 5396 of 5419 7.A copy of the inspection report described in s.718.301(4)(p)and (q)for a turnover inspection performed on or after July 1,2023. 8.The document entitled “Frequently Asked Questions and Answers” required by s.718.504. (d)Each contract entered into after July 1,1992,for the resale of a residential unit shall contain in conspicuous type either: 1.A clause which states:THE BUYER HEREBY ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION OF CONDOMINIUM,ARTICLES OF INCORPORATION OF THE ASSOCIATION,BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT ANNUAL FINANCIAL STATE- MENT AND ANNUAL BUDGET,YEAR-END FINANCIAL INFORMA- TION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCU- MENT MORE THAN 3 DAYS,EXCLUDING SATURDAYS,SUNDAYS, AND LEGAL HOLIDAYS,PRIOR TO EXECUTION OF THIS CONTRACT; or 2.A clause which states:THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S IN- TENTION TO CANCEL WITHIN 3 DAYS,EXCLUDING SATURDAYS, SUNDAYS,AND LEGAL HOLIDAYS,AFTER THE DATE OF EXECU- TION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION OF CONDO- MINIUM,ARTICLES OF INCORPORATION,BYLAWS AND RULES OF THE ASSOCIATION,A COPY OF THE MOST RECENT ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET,AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING.ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT.BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS,EXCLUDING SATURDAYS,SUNDAYS,AND LEGAL HOLIDAYS,AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,BYLAWS AND RULES OF THE ASSOCIATION,AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED IN WRITING.BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOS- ING. A contract that does not conform to the requirements of this paragraph is voidable at the option of the purchaser prior to closing. (3)OTHER DISCLOSURES DISCLOSURE.— (a)If residential condominium parcels are offered for sale or lease prior to completion of construction of the units and of improvements to the Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 58 CODING:Words stricken are deletions;words underlined are additions. Page 5397 of 5419 common elements,or prior to completion of remodeling of previously occupied buildings,the developer must shall make available to each prospective purchaser or lessee,for his or her inspection at a place convenient to the site,a copy of the complete plans and specifications for the construction or remodeling of the unit offered to him or her and of the improvements to the common elements appurtenant to the unit. (b)Sales brochures,if any,must shall be provided to each purchaser,and the following caveat in conspicuous type must shall be placed on the inside front cover or on the first page containing text material of the sales brochure, or otherwise conspicuously displayed:“ORAL REPRESENTATIONS CAN- NOT BE RELIED UPON AS CORRECTLY STATING REPRESENTA- TIONS OF THE DEVELOPER.FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503,FLORIDA STATUTES,TO BE FURN- ISHED BY A DEVELOPER TO A BUYER OR LESSEE.”If timeshare estates have been or may be created with respect to any unit in the condominium,the sales brochure must shall contain the following statement in conspicuous type:“UNITS IN THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES.” (c)If a unit is located within a condominium that is created within a portion of a building or within a multiple parcel building,the developer or nondeveloper unit owner must provide the disclosures required by s. 718.407(5). Section 24.Effective October 1,2024,section 718.504,Florida Statutes, is amended to read: 718.504 Prospectus or offering circular.—Every developer of a residen- tial condominium which contains more than 20 residential units,or which is part of a group of residential condominiums which will be served by property to be used in common by unit owners of more than 20 residential units,shall prepare a prospectus or offering circular and file it with the Division of Florida Condominiums,Timeshares,and Mobile Homes prior to entering into an enforceable contract of purchase and sale of any unit or lease of a unit for more than 5 years and shall furnish a copy of the prospectus or offering circular to each buyer.In addition to the prospectus or offering circular,each buyer shall be furnished a separate page entitled “Frequently Asked Questions and Answers,”which shall be in accordance with a format approved by the division and a copy of the financial information required by s.718.111.This page shall,in readable language,inform prospective purchasers regarding their voting rights and unit use restrictions,including restrictions on the leasing of a unit;shall indicate whether and in what amount the unit owners or the association is obligated to pay rent or land use fees for recreational or other commonly used facilities;shall contain a statement identifying that amount of assessment which,pursuant to the budget,would be levied upon each unit type,exclusive of any special assessments,and which shall further identify the basis upon which assessments are levied,whether monthly,quarterly,or otherwise;shall Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 59 CODING:Words stricken are deletions;words underlined are additions. Page 5398 of 5419 state and identify any court cases in which the association is currently a party of record in which the association may face liability in excess of $100,000;shall state whether the condominium is created within a portion of a building or within a multiple parcel building;and which shall further state whether membership in a recreational facilities association is mandatory, and if so,shall identify the fees currently charged per unit type.The division shall by rule require such other disclosure as in its judgment will assist prospective purchasers.The prospectus or offering circular may include more than one condominium,although not all such units are being offered for sale as of the date of the prospectus or offering circular.The prospectus or offering circular must contain the following information: (1)The front cover or the first page must contain only: (a)The name of the condominium. (b)The following statements in conspicuous type: 1.THIS PROSPECTUS (OFFERING CIRCULAR)CONTAINS IMPOR- TANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMIN- IUM UNIT. 2.THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE.A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,ALL EXHIBITS HERETO,THE CONTRACT DOCU- MENTS,AND SALES MATERIALS. 3.ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELO- PER.REFER TO THIS PROSPECTUS (OFFERING CIRCULAR)AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS. (2)Summary:The next page must contain all statements required to be in conspicuous type in the prospectus or offering circular. (3)A separate index of the contents and exhibits of the prospectus. (4)Beginning on the first page of the text (not including the summary and index),a description of the condominium,including,but not limited to, the following information: (a)Its name and location. (b)A description of the condominium property,including,without limitation: 1.The number of buildings,the number of units in each building,the number of bathrooms and bedrooms in each unit,and the total number of units,if the condominium is not a phase condominium,or the maximum number of buildings that may be contained within the condominium,the minimum and maximum numbers of units in each building,the minimum Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 60 CODING:Words stricken are deletions;words underlined are additions. Page 5399 of 5419 and maximum numbers of bathrooms and bedrooms that may be contained in each unit,and the maximum number of units that may be contained within the condominium,if the condominium is a phase condominium. 2.The page in the condominium documents where a copy of the plot plan and survey of the condominium is located. 3.The estimated latest date of completion of constructing,finishing,and equipping.In lieu of a date,the description shall include a statement that the estimated date of completion of the condominium is in the purchase agreement and a reference to the article or paragraph containing that information. (c)The maximum number of units that will use facilities in common with the condominium.If the maximum number of units will vary,a description of the basis for variation and the minimum amount of dollars per unit to be spent for additional recreational facilities or enlargement of such facilities.If the addition or enlargement of facilities will result in a material increase of a unit owner’s maintenance expense or rental expense,if any,the maximum increase and limitations thereon shall be stated. (5)(a)A statement in conspicuous type describing whether the condo- minium is created and being sold as fee simple interests or as leasehold interests.If the condominium is created or being sold on a leasehold,the location of the lease in the disclosure materials shall be stated. (b)If timeshare estates are or may be created with respect to any unit in the condominium,a statement in conspicuous type stating that timeshare estates are created and being sold in units in the condominium. (6)A description of the recreational and other commonly used facilities that will be used only by unit owners of the condominium,including,but not limited to,the following: (a)Each room and its intended purposes,location,approximate floor area,and capacity in numbers of people. (b)Each swimming pool,as to its general location,approximate size and depths,approximate deck size and capacity,and whether heated. (c)Additional facilities,as to the number of each facility,its approximate location,approximate size,and approximate capacity. (d)A general description of the items of personal property and the approximate number of each item of personal property that the developer is committing to furnish for each room or other facility or,in the alternative,a representation as to the minimum amount of expenditure that will be made to purchase the personal property for the facility. (e)The estimated date when each room or other facility will be available for use by the unit owners. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 61 CODING:Words stricken are deletions;words underlined are additions. Page 5400 of 5419 (f)1.An identification of each room or other facility to be used by unit owners that will not be owned by the unit owners or the association; 2.A reference to the location in the disclosure materials of the lease or other agreements providing for the use of those facilities;and 3.A description of the terms of the lease or other agreements,including the length of the term;the rent payable,directly or indirectly,by each unit owner,and the total rent payable to the lessor,stated in monthly and annual amounts for the entire term of the lease;and a description of any option to purchase the property leased under any such lease,including the time the option may be exercised,the purchase price or how it is to be determined,the manner of payment,and whether the option may be exercised for a unit owner’s share or only as to the entire leased property. (g)A statement as to whether the developer may provide additional facilities not described above;their general locations and types;improve- ments or changes that may be made;the approximate dollar amount to be expended;and the maximum additional common expense or cost to the individual unit owners that may be charged during the first annual period of operation of the modified or added facilities. Descriptions as to locations,areas,capacities,numbers,volumes,or sizes may be stated as approximations or minimums. (7)A description of the recreational and other facilities that will be used in common with other condominiums,community associations,or planned developments which require the payment of the maintenance and expenses of such facilities,directly or indirectly,by the unit owners.The description shall include,but not be limited to,the following: (a)Each building and facility committed to be built and a summary description of the structural integrity of each building for which reserves are required pursuant to s.718.112(2)(g). (b)Facilities not committed to be built except under certain conditions, and a statement of those conditions or contingencies. (c)As to each facility committed to be built,or which will be committed to be built upon the happening of one of the conditions in paragraph (b),a statement of whether it will be owned by the unit owners having the use thereof or by an association or other entity which will be controlled by them, or others,and the location in the exhibits of the lease or other document providing for use of those facilities. (d)The year in which each facility will be available for use by the unit owners or,in the alternative,the maximum number of unit owners in the project at the time each of all of the facilities is committed to be completed. (e)A general description of the items of personal property,and the approximate number of each item of personal property,that the developer is Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 62 CODING:Words stricken are deletions;words underlined are additions. Page 5401 of 5419 committing to furnish for each room or other facility or,in the alternative,a representation as to the minimum amount of expenditure that will be made to purchase the personal property for the facility. (f)If there are leases,a description thereof,including the length of the term,the rent payable,and a description of any option to purchase. Descriptions shall include location,areas,capacities,numbers,volumes,or sizes and may be stated as approximations or minimums. (8)Recreation lease or associated club membership: (a)If any recreational facilities or other facilities offered by the developer and available to,or to be used by,unit owners are to be leased or have club membership associated,the following statement in conspicuous type shall be included:“THERE IS A RECREATIONAL FACILITIES LEASE ASSO- CIATED WITH THIS CONDOMINIUM;or,THERE IS A CLUB MEMBER- SHIP ASSOCIATED WITH THIS CONDOMINIUM.”There shall be a reference to the location in the disclosure materials where the recreation lease or club membership is described in detail. (b)If it is mandatory that unit owners pay a fee,rent,dues,or other charges under a recreational facilities lease or club membership for the use of facilities,there shall be in conspicuous type the applicable statement: 1.MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS MANDATORY FOR UNIT OWNERS;or 2.UNIT OWNERS ARE REQUIRED,AS A CONDITION OF OWNER- SHIP,TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE;or 3.UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS AND EXPENSES OF MAINTENANCE,MANAGEMENT,UP- KEEP,REPLACEMENT,RENT,AND FEES UNDER THE RECREA- TIONAL FACILITIES LEASE (OR THE OTHER INSTRUMENTS PRO- VIDING THE FACILITIES);or 4.A similar statement of the nature of the organization or the manner in which the use rights are created,and that unit owners are required to pay. Immediately following the applicable statement,the location in the disclosure materials where the development is described in detail shall be stated. (c)If the developer,or any other person other than the unit owners and other persons having use rights in the facilities,reserves,or is entitled to receive,any rent,fee,or other payment for the use of the facilities,then there shall be the following statement in conspicuous type:“THE UNIT OWNERS OR THE ASSOCIATION(S)MUST PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES.” Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 63 CODING:Words stricken are deletions;words underlined are additions. Page 5402 of 5419 Immediately following this statement,the location in the disclosure materials where the rent or land use fees are described in detail shall be stated. (d)If,in any recreation format,whether leasehold,club,or other,any person other than the association has the right to a lien on the units to secure the payment of assessments,rent,or other exactions,there shall appear a statement in conspicuous type in substantially the following form: 1.THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE RECREATION LEASE.THE UNIT OWNER’S FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN;or 2.THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE FOR THE USE,MAINTENANCE,UPKEEP,OR REPAIR OF THE RECREATIONAL OR COMMONLY USED FACILITIES.THE UNIT OWNER’S FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN. Immediately following the applicable statement,the location in the disclosure materials where the lien or lien right is described in detail shall be stated. (9)If the developer or any other person has the right to increase or add to the recreational facilities at any time after the establishment of the condominium whose unit owners have use rights therein,without the consent of the unit owners or associations being required,there shall appear a statement in conspicuous type in substantially the following form: “RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITH- OUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S).”Im- mediately following this statement,the location in the disclosure materials where such reserved rights are described shall be stated. (10)A statement of whether the developer’s plan includes a program of leasing units rather than selling them,or leasing units and selling them subject to such leases.If so,there shall be a description of the plan,including the number and identification of the units and the provisions and term of the proposed leases,and a statement in boldfaced type that:“THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.” (11)The arrangements for management of the association and main- tenance and operation of the condominium property and of other property that will serve the unit owners of the condominium property,and a description of the management contract and all other contracts for these purposes having a term in excess of 1 year,including the following: (a)The names of contracting parties. (b)The term of the contract. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 64 CODING:Words stricken are deletions;words underlined are additions. Page 5403 of 5419 (c)The nature of the services included. (d)The compensation,stated on a monthly and annual basis,and provisions for increases in the compensation. (e)A reference to the volumes and pages of the condominium documents and of the exhibits containing copies of such contracts. Copies of all described contracts shall be attached as exhibits.If there is a contract for the management of the condominium property,then a statement in conspicuous type in substantially the following form shall appear, identifying the proposed or existing contract manager:“THERE IS (IS TO BE)A CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE CONTRACT MANAGER).”Immedi- ately following this statement,the location in the disclosure materials of the contract for management of the condominium property shall be stated. (12)If the developer or any other person or persons other than the unit owners has the right to retain control of the board of administration of the association for a period of time which can exceed 1 year after the closing of the sale of a majority of the units in that condominium to persons other than successors or alternate developers,then a statement in conspicuous type in substantially the following form shall be included:“THE DEVELOPER (OR OTHER PERSON)HAS THE RIGHT TO RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS HAVE BEEN SOLD.”Immediately following this statement,the location in the disclosure materials where this right to control is described in detail shall be stated. (13)If there are any restrictions upon the sale,transfer,conveyance,or leasing of a unit,then a statement in conspicuous type in substantially the following form shall be included:“THE SALE,LEASE,OR TRANSFER OF UNITS IS RESTRICTED OR CONTROLLED.”Immediately following this statement,the location in the disclosure materials where the restriction, limitation,or control on the sale,lease,or transfer of units is described in detail shall be stated. (14)If the condominium is part of a phase project,the following information shall be stated: (a)A statement in conspicuous type in substantially the following form: “THIS IS A PHASE CONDOMINIUM.ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS CONDOMINIUM.”Immediately following this statement,the location in the disclosure materials where the phasing is described shall be stated. (b)A summary of the provisions of the declaration which provide for the phasing. (c)A statement as to whether or not residential buildings and units which are added to the condominium may be substantially different from the residential buildings and units originally in the condominium.If the added Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 65 CODING:Words stricken are deletions;words underlined are additions. Page 5404 of 5419 residential buildings and units may be substantially different,there shall be a general description of the extent to which such added residential buildings and units may differ,and a statement in conspicuous type in substantially the following form shall be included:“BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND UNITS IN THE CONDOMINIUM.”Immediately following this statement,the location in the disclosure materials where the extent to which added residential buildings and units may substantially differ is described shall be stated. (d)A statement of the maximum number of buildings containing units, the maximum and minimum numbers of units in each building,the maximum number of units,and the minimum and maximum square footage of the units that may be contained within each parcel of land which may be added to the condominium. (15)If a condominium created on or after July 1,2000,is or may become part of a multicondominium,the following information must be provided: (a)A statement in conspicuous type in substantially the following form: “THIS CONDOMINIUM IS (MAY BE)PART OF A MULTICONDOMI- NIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL (MAY)BE OPERATED BY THE SAME ASSOCIATION.”Immediately following this statement,the location in the prospectus or offering circular and its exhibits where the multicondominium aspects of the offering are described must be stated. (b)A summary of the provisions in the declaration,articles of incorpora- tion,and bylaws which establish and provide for the operation of the multicondominium,including a statement as to whether unit owners in the condominium will have the right to use recreational or other facilities located or planned to be located in other condominiums operated by the same association,and the manner of sharing the common expenses related to such facilities. (c)A statement of the minimum and maximum number of condomini- ums,and the minimum and maximum number of units in each of those condominiums,which will or may be operated by the association,and the latest date by which the exact number will be finally determined. (d)A statement as to whether any of the condominiums in the multi- condominium may include units intended to be used for nonresidential purposes and the purpose or purposes permitted for such use. (e)A general description of the location and approximate acreage of any land on which any additional condominiums to be operated by the association may be located. (16)If the condominium is created by conversion of existing improve- ments,the following information shall be stated: Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 66 CODING:Words stricken are deletions;words underlined are additions. Page 5405 of 5419 (a)The information required by s.718.616. (b)A caveat that there are no express warranties unless they are stated in writing by the developer. (17)A summary of the restrictions,if any,to be imposed on units concerning the use of any of the condominium property,including state- ments as to whether there are restrictions upon children and pets,and reference to the volumes and pages of the condominium documents where such restrictions are found,or if such restrictions are contained elsewhere, then a copy of the documents containing the restrictions shall be attached as an exhibit. (18)If there is any land that is offered by the developer for use by the unit owners and that is neither owned by them nor leased to them,the association,or any entity controlled by unit owners and other persons having the use rights to such land,a statement shall be made as to how such land will serve the condominium.If any part of such land will serve the condominium,the statement shall describe the land and the nature and term of service,and the declaration or other instrument creating such servitude shall be included as an exhibit. (19)The manner in which utility and other services,including,but not limited to,sewage and waste disposal,water supply,and storm drainage, will be provided and the person or entity furnishing them. (20)An explanation of the manner in which the apportionment of common expenses and ownership of the common elements has been determined. (21)An estimated operating budget for the condominium and the association,and a schedule of the unit owner’s expenses shall be attached as an exhibit and shall contain the following information: (a)The estimated monthly and annual expenses of the condominium and the association that are collected from unit owners by assessments. (b)The estimated monthly and annual expenses of each unit owner for a unit,other than common expenses paid by all unit owners,payable by the unit owner to persons or entities other than the association,as well as to the association,including fees assessed pursuant to s.718.113(1)for main- tenance of limited common elements where such costs are shared only by those entitled to use the limited common element,and the total estimated monthly and annual expense.There may be excluded from this estimate expenses which are not provided for or contemplated by the condominium documents,including,but not limited to,the costs of private telephone; maintenance of the interior of condominium units,which is not the obligation of the association;maid or janitorial services privately contracted for by the unit owners;utility bills billed directly to each unit owner for utility services to his or her unit;insurance premiums other than those Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 67 CODING:Words stricken are deletions;words underlined are additions. Page 5406 of 5419 incurred for policies obtained by the condominium;and similar personal expenses of the unit owner.A unit owner’s estimated payments for assessments shall also be stated in the estimated amounts for the times when they will be due. (c)The estimated items of expenses of the condominium and the association,except as excluded under paragraph (b),including,but not limited to,the following items,which shall be stated as an association expense collectible by assessments or as unit owners’expenses payable to persons other than the association: 1.Expenses for the association and condominium: a.Administration of the association. b.Management fees. c.Maintenance. d.Rent for recreational and other commonly used facilities. e.Taxes upon association property. f.Taxes upon leased areas. g.Insurance. h.Security provisions. i.Other expenses. j.Operating capital. k.Reserves for all applicable items referenced in s.718.112(2)(g). l.Fees payable to the division. 2.Expenses for a unit owner: a.Rent for the unit,if subject to a lease. b.Rent payable by the unit owner directly to the lessor or agent under any recreational lease or lease for the use of commonly used facilities,which use and payment is a mandatory condition of ownership and is not included in the common expense or assessments for common maintenance paid by the unit owners to the association. (d)The following statement in conspicuous type: THE BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 68 CODING:Words stricken are deletions;words underlined are additions. Page 5407 of 5419 AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PRE- PARATION.ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS.SUCH CHANGES IN COST DO NOT CONSTI- TUTE MATERIAL ADVERSE CHANGES IN THE OFFERING. (e)Each budget for an association prepared by a developer consistent with this subsection shall be prepared in good faith and shall reflect accurate estimated amounts for the required items in paragraph (c)at the time of the filing of the offering circular with the division,and subsequent increased amounts of any item included in the association’s estimated budget that are beyond the control of the developer shall not be considered an amendment that would give rise to rescission rights set forth in s.718.503(1)(a)or (b),nor shall such increases modify,void,or otherwise affect any guarantee of the developer contained in the offering circular or any purchase contract.It is the intent of this paragraph to clarify existing law. (f)The estimated amounts shall be stated for a period of at least 12 months and may distinguish between the period prior to the time unit owners other than the developer elect a majority of the board of adminis- tration and the period after that date. (22)A schedule of estimated closing expenses to be paid by a buyer or lessee of a unit and a statement of whether title opinion or title insurance policy is available to the buyer and,if so,at whose expense. (23)The identity of the developer and the chief operating officer or principal directing the creation and sale of the condominium and a statement of its and his or her experience in this field. (24)Copies of the following,to the extent they are applicable,shall be included as exhibits: (a)The declaration of condominium,or the proposed declaration if the declaration has not been recorded. (b)The articles of incorporation creating the association. (c)The bylaws of the association. (d)The ground lease or other underlying lease of the condominium. (e)The management agreement and all maintenance and other con- tracts for management of the association and operation of the condominium and facilities used by the unit owners having a service term in excess of 1 year. (f)The estimated operating budget for the condominium,the required schedule of unit owners’expenses,and the association’s most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 69 CODING:Words stricken are deletions;words underlined are additions. Page 5408 of 5419 (g)A copy of the floor plan of the unit and the plot plan showing the location of the residential buildings and the recreation and other common areas. (h)The lease of recreational and other facilities that will be used only by unit owners of the subject condominium. (i)The lease of facilities used by owners and others. (j)The form of unit lease,if the offer is of a leasehold. (k)A declaration of servitude of properties serving the condominium but not owned by unit owners or leased to them or the association. (l)The statement of condition of the existing building or buildings,if the offering is of units in an operation being converted to condominium ownership. (m)The statement of inspection for termite damage and treatment of the existing improvements,if the condominium is a conversion. (n)The form of agreement for sale or lease of units. (o)A copy of the agreement for escrow of payments made to the developer prior to closing. (p)A copy of the documents containing any restrictions on use of the property required by subsection (17). (q)A copy of the inspector-prepared summary of the milestone inspection report as described in ss.553.899 and 718.301(4)(p),as applicable. (25)Any prospectus or offering circular complying,prior to the effective date of this act,with the provisions of former ss.711.69 and 711.802 may continue to be used without amendment or may be amended to comply with this chapter. (26)A brief narrative description of the location and effect of all existing and intended easements located or to be located on the condominium property other than those described in the declaration. (27)If the developer is required by state or local authorities to obtain acceptance or approval of any dock or marina facilities intended to serve the condominium,a copy of any such acceptance or approval acquired by the time of filing with the division under s.718.502(1)or a statement that such acceptance or approval has not been acquired or received. (28)Evidence demonstrating that the developer has an ownership, leasehold,or contractual interest in the land upon which the condominium is to be developed. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 70 CODING:Words stricken are deletions;words underlined are additions. Page 5409 of 5419 Section 25.Paragraph (k)of subsection (1)of section 719.106,Florida Statutes,is amended to read: 719.106 Bylaws;cooperative ownership.— (1)MANDATORY PROVISIONS.—The bylaws or other cooperative documents shall provide for the following,and if they do not,they shall be deemed to include the following: (k)Structural integrity reserve study.— 1.A residential cooperative association must have a structural integrity reserve study completed at least every 10 years for each building on the cooperative property that is three stories or higher in height,as determined by the Florida Building Code,that includes,at a minimum,a study of the following items as related to the structural integrity and safety of the building: a.Roof. b.Structure,including load-bearing walls and other primary structural members and primary structural systems as those terms are defined in s. 627.706. c.Fireproofing and fire protection systems. d.Plumbing. e.Electrical systems. f.Waterproofing and exterior painting. g.Windows and exterior doors. h.Any other item that has a deferred maintenance expense or replace- ment cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-g.,as determined by the visual inspection portion of the structural integrity reserve study. 2.A structural integrity reserve study is based on a visual inspection of the cooperative property.A structural integrity reserve study may be performed by any person qualified to perform such study.However,the visual inspection portion of the structural integrity reserve study must be performed or verified by an engineer licensed under chapter 471,an architect licensed under chapter 481,or a person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts. 3.At a minimum,a structural integrity reserve study must identify each item of the cooperative property being visually inspected,state the estimated remaining useful life and the estimated replacement cost or Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 71 CODING:Words stricken are deletions;words underlined are additions. Page 5410 of 5419 deferred maintenance expense of each item of the cooperative property being visually inspected,and provide a reserve funding schedule with a recom- mended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each item of cooperative property being visually inspected by the end of the estimated remaining useful life of the item.The structural integrity reserve study may recommend that reserves do not need to be maintained for any item for which an estimate of useful life and an estimate of replacement cost cannot be determined,or the study may recommend a deferred maintenance expense amount for such item.The structural integrity reserve study may recommend that reserves for replacement costs do not need to be maintained for any item with an estimated remaining useful life of greater than 25 years,but the study may recommend a deferred maintenance expense amount for such item. 4.This paragraph does not apply to buildings less than three stories in height;single-family,two-family,or three-family dwellings with three or fewer habitable stories above ground;any portion or component of a building that has not been submitted to the cooperative form of ownership;or any portion or component of a building that is maintained by a party other than the association. 5.Before a developer turns over control of an association to unit owners other than the developer,the developer must have a turnover inspection report in compliance with s.719.301(4)(p)and (q)for each building on the cooperative property that is three stories or higher in height. 6.Associations existing on or before July 1,2022,which are controlled by unit owners other than the developer,must have a structural integrity reserve study completed by December 31,2024,for each building on the cooperative property that is three stories or higher in height.An association that is required to complete a milestone inspection on or before December 31, 2026,in accordance with s.553.899 may complete the structural integrity reserve study simultaneously with the milestone inspection.In no event may the structural integrity reserve study be completed after December 31,2026. 7.If the milestone inspection required by s.553.899,or an inspection completed for a similar local requirement,was performed within the past 5 years and meets the requirements of this paragraph,such inspection may be used in place of the visual inspection portion of the structural integrity reserve study. 8.If the officers or directors of an association willfully and knowingly fail to complete a structural integrity reserve study pursuant to this paragraph, such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners under s.719.104(9). 9.Within 45 days after receiving the structural integrity reserve study, the association must distribute a copy of the study to each unit owner or deliver to each unit owner a notice that the completed study is available for inspection and copying upon a written request.Distribution of a copy of the Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 72 CODING:Words stricken are deletions;words underlined are additions. Page 5411 of 5419 study or notice must be made by United States mail or personal delivery at the mailing address,property address,or any other address of the owner provided to fulfill the association’s notice requirements under this chapter, or by electronic transmission to the e-mail address or facsimile number provided to fulfill the association’s notice requirements to unit owners who previously consented to receive notice by electronic transmission. 10.Within 45 days after receiving the structural integrity reserve study, the association must provide the division with a statement indicating that the study was completed and that the association provided or made available such study to each unit owner in accordance with this section.Such statement must be provided to the division in the manner established by the division using a form posted on the division’s website. Section 26.Section 719.129,Florida Statutes,is amended to read: 719.129 Electronic voting.—The association may conduct elections and other unit owner votes through an Internet-based online voting system if a unit owner consents,electronically or in writing,to online voting and if the following requirements are met: (1)The association provides each unit owner with: (a)A method to authenticate the unit owner’s identity to the online voting system. (b)For elections of the board,a method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot. (c)A method to confirm,at least 14 days before the voting deadline,that the unit owner’s electronic device can successfully communicate with the online voting system. (2)The association uses an online voting system that is: (a)Able to authenticate the unit owner’s identity. (b)Able to authenticate the validity of each electronic vote to ensure that the vote is not altered in transit. (c)Able to transmit a receipt from the online voting system to each unit owner who casts an electronic vote. (d)For elections of the board of administration,able to permanently separate any authentication or identifying information from the electronic election ballot,rendering it impossible to tie an election ballot to a specific unit owner. (e)Able to store and keep electronic votes accessible to election officials for recount,inspection,and review purposes. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 73 CODING:Words stricken are deletions;words underlined are additions. Page 5412 of 5419 (3)A unit owner voting electronically pursuant to this section shall be counted as being in attendance at the meeting for purposes of determining a quorum.A substantive vote of the unit owners may not be taken on any issue other than the issues specifically identified in the electronic vote,when a quorum is established based on unit owners voting electronically pursuant to this section. (4)This section applies to an association that provides for and authorizes an online voting system pursuant to this section by a board resolution.If the board authorizes online voting,the board must honor a unit owner’s request to vote electronically at all subsequent elections,unless such unit owner opts out of online voting.The board resolution must provide that unit owners receive notice of the opportunity to vote through an online voting system, must establish reasonable procedures and deadlines for unit owners to consent,electronically or in writing,to online voting,and must establish reasonable procedures and deadlines for unit owners to opt out of online voting after giving consent.Written notice of a meeting at which the resolution will be considered must be mailed,delivered,or electronically transmitted to the unit owners and posted conspicuously on the condomin- ium property or association property at least 14 days before the meeting. Evidence of compliance with the 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association. (5)A unit owner’s consent to online voting is valid until the unit owner opts out of online voting pursuant to the procedures established by the board of administration pursuant to subsection (4). (6)This section may apply to any matter that requires a vote of the unit owners who are not members of a timeshare cooperative association. Section 27.Paragraph (p)of subsection (4)of section 719.301,Florida Statutes,is amended to read: 719.301 Transfer of association control.— (4)When unit owners other than the developer elect a majority of the members of the board of administration of an association,the developer shall relinquish control of the association,and the unit owners shall accept control.Simultaneously,or for the purpose of paragraph (c)not more than 90 days thereafter,the developer shall deliver to the association,at the developer’s expense,all property of the unit owners and of the association held or controlled by the developer,including,but not limited to,the following items,if applicable,as to each cooperative operated by the association: (p)Notwithstanding when the certificate of occupancy was issued or the height of the building,a turnover inspection report included in the official records,under seal of an architect or engineer authorized to practice in this state or a person certified as a reserve specialist or professional reserve Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 74 CODING:Words stricken are deletions;words underlined are additions. Page 5413 of 5419 analyst by the Community Associations Institute or the Association of Professional Reserve Analysts,consisting of a structural integrity reserve study attesting to required maintenance,condition,useful life,and replacement costs of the following applicable cooperative property: 1.Roof. 2.Structure,including load-bearing walls and primary structural members and primary structural systems as those terms are defined in s. 627.706. 3.Fireproofing and fire protection systems. 4.Plumbing. 5.Electrical systems. 6.Waterproofing and exterior painting. 7.Windows and exterior doors. Section 28.The Division of Florida Condominiums,Timeshares,and Mobile Homes of the Department of Business and Professional Regulation shall complete a review of the website or application requirements for official records under s.718.111(12)(g),Florida Statutes,and make recommenda- tions regarding any additional official records of a condominium association that should be included in the record maintenance requirements in the statute.The division shall submit to the Governor,the President of the Senate,and the Speaker of the House of Representatives the findings of its review by January 1,2025. Section 29.By January 1,2025,the Division of Florida Condominiums, Timeshares,and Mobile Homes of the Department of Business and Professional Regulation shall create a database on its website of the associations that have reported the completion of the structural integrity reserve study under ss.718.112(2)(g)and 719.106(1)(k),Florida Statutes. Section 30.For the 2024-2025 fiscal year,the sums of $6,122,390 in recurring and $1,293,879 in nonrecurring funds from the General Revenue Fund are appropriated to the Department of Business and Professional Regulation,and 65 full-time equivalent positions with associated salary rate of 3,180,319 are authorized,for the purpose of implementing this act. Section 31.The amendments made to ss.718.103(14)and 718.202(3)and s.718.407(1),(2),and (6),Florida Statutes,as created by this act,are intended to clarify existing law and shall apply retroactively.However,such amendments do not revive or reinstate any right or interest that has been fully and finally adjudicated as invalid before October 1,2024. Section 32.The Florida Building Commission shall perform a study on standards to prevent water intrusion through the tracks of sliding glass Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 75 CODING:Words stricken are deletions;words underlined are additions. Page 5414 of 5419 doors,including the consideration of devices designed to further prevent such water intrusion.By December 1,2024,the Florida Building Commis- sion must provide a written report of its recommendations to the Governor, the President of the Senate,the Speaker of the House of Representatives, and the chairs of the legislative appropriations committees and appropriate substantive committees with jurisdiction over chapter 718,Florida Statutes. Section 33.Except as otherwise expressly provided in this act,this act shall take effect July 1,2024. Approved by the Governor June 14,2024. Filed in Office Secretary of State June 14,2024. Ch.2024-244 LAWS OF FLORIDA Ch.2024-244 76 CODING:Words stricken are deletions;words underlined are additions. Page 5415 of 5419 ORDINANCE NO.2021 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO.2022-12,, AS AMENDED, WHICH ESTABLISHED A COLLIER COUNTY MANDATORY INSPECTION OF AGING CONDOMINIUM AND COOPERATIVE BUILDINGS ORDINANCE, TO UPDATE THE COUNTY'S PROGRAM TO R,EFLECT CHANGES IN STATE LAW; PROVIDING FOR AMENDMENTS TO SECTION FOUR, INSPECTION, REPORTING AND REPAIRS; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes establishes the right and power of counties to provide for the health, safety and general welfare ofexisting and future residents by enacting and enforcing regulations necessary for the protection ofthe public; and WHEREAS, the Legislature in Section 553.899 Florida Statutes imposed a statewide structural inspection progam for aging condominium and cooperative buildings to ensue that such buildings are safe for continued use; WHEREAS, on October 25, 2022, the Board of County Commissioners adopted Ordinance No. 2022-42 to establish Collier County Mandatory Inspection of Aging Condominium and Cooperative Buildings Ordinance to implement the local inspection program for aging condominium and cooperative buildings. WHEREAS, the Board of County Commissioners desires to make changes to the County's Ordinance to reflect changes in State law and to give associations 150 days to obtain the necessary permits. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AND REPAIRS. AMENDMENTS TO SECTION FOUR, INSPECTION, REPORTING Section Four, Inspection, Reporting and Repairs, of ordinan ceNo 2022-42, as amended, is hereby amended as follows: 124-LDs-00336/1890521/lll2 Words shek+hreugh are deleted, words undertined are added Milestone Inspection Amendment t0/24D024 CAOPage 5416 of 5419 + i( t,t {. * i( ,1.,t )t t,t t l.:t,i i( t A. Milestone Inspection Required An Association must have a Milestone Inspection performed for each building that is three stories or more in height by December 3l of the year in which the building reaches 30 years of age, based on the date the certificate ofoccupancy for the building was issued, and every 10 years thereafter. If a building reached 30 years of age before July l, 2022, the building's initial Milestone Inspection must be perlormed before December 31, 2024. Ifa building reaches 30 years ofage on or after July 1,2022 andbefore December 31 , 2024, then the building's Mitestone Inspection must be performed before December 31, 2025. The Association must arrange for the Milestone Inspection to be performed and is responsible for ensuring compliance with the requirements of this Ordinance. The Association is responsible for all costs associated with the inspection. This subsection does not apply to a single-family, two-family, orthree-family or four-famil dwelling with three or fewer habitable stories above ground. ,****+**+:t*+*+**** E. Repairs and Modifications In the event that repairs or modifications are necessary as specified in the phase two Milestone Inspection, the condominium or cooperative association shall have a total of 150 days from the date of submittal ofthe phase two inspection report to the Building Official to obtain the necessary permits--and_1q complete indicated repairs or modifications. All repairs or modifications requiring permits shall be performed in conformance with the Florida Building Code as adopted by County Ordinance and shall follow the timeline provided in the applicable active permit. **,1************** SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions ofthis Ordinance shall become and be made a part ofthe Code oflaws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re- [24-LDS-0033611890527/lll2 Words s#-thr€u€h are deleted, words underlined are added. Milestonc Inspection Amendmcnt t0t24t2024 qo SECTION TWO: CONFLICT AND SEVERABILITY In the event that this Ordinance conJlicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion ofthis Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shalt not affect the validity of the remaining portion. Page 5417 of 5419 lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. PASSED AND DULY ADOPTED upon majoriry- vote by the Board of Counry- Commissioners ol Collier County, Florida, this _day of 2024. ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COLINTY COMMISSIONERS COLLIER COUNTY, FLORIDA B1 Bv: . Deputy Clerk Chris Hall. Chairman Approved as to form and legality: sF^c - ?'{ Heidi Ashton-Cicko q O Managing Assistant County Attomey ..1 "{ [24-LDS-00336/1890527/lll2 Words stflr€k-thror€h are deleted, words underlined are added. Mileslone Inspection Amendment l0/24/2024 oao SECTIONFOUR: EFFECTIVEDATE This Ordinance shall become effective upon filing with the Department of State. Page 5418 of 5419 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on November 12, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2022-42, AS AMENDED, WHICH ESTABLISHED A COLLIER COUNTY MANDATORY INSPECTION OF AGING CONDOMINIUM AND COOPERATIVE BUILDINGS ORDINANCE, TO UPDATE THE COUNTY’S PROGRAM TO REFLECT CHANGES IN STATE LAW; PROVIDING FOR AMENDMENTS TO SECTION FOUR, INSPECTION, REPORTING AND REPAIRS; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN Page 5419 of 5419