CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 1 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to condominium and cooperative 2
associations; amending s. 468.4334, F.S.; requiring 3
community association managers and community 4
association management firms to comply with specified 5
provisions under certain circumstances; amending s. 6
468.436, F.S.; providing grounds for disciplinary 7
action; amending ss. 718.103 and 719.103, F.S.; 8
providing definitions; amending ss. 718.104 and 9
719.1035, F.S.; requiring certain associations to 10
provide certain information to the Division of Florida 11
Condominiums, Timeshares, and Mobile Homes within a 12
specified time; amending s. 718.111, F.S.; revising 13
documents that constitute official records; requiring 14
certain official records to be maintained for a 15
specified period of time; providing that a renter of a 16
unit has a right to copy and inspect certain written 17
reports; revising documents that must be posted 18
online; conforming a cross -reference; amending ss. 19
718.112 and 719.106, F.S.; specifying the method for 20
determining reserve amounts; prohibiting certain 21
members and associations from waiving or reducing 22
reserves for certain items after a specified date; 23
requiring certain associations to receive approval 24
before waiving or reducing reserves for certain items; 25
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 2 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prohibiting certain associations from using reserve 26
funds, or any interest accruing thereon, for certain 27
purposes after a specified date; requiring certain 28
associations to have a structural integrity reserve 29
study completed at specified intervals and for certain 30
buildings by a specified date; providing requireme nts 31
for such study; conforming provisions to changes made 32
by the act; amending s. 718.116, F.S.; conforming a 33
cross-reference; amending s. 718.117, F.S.; providing 34
that certain condominiums may be terminated by a 35
majority vote under certain circumstances; providing 36
requirements for meetings in which a plan of 37
termination will be considered; specifying the method 38
for determining a condominium's fair market value; 39
conforming a cross-reference; creating ss. 718.132 and 40
719.132, F.S.; providing definitions; req uiring 41
certain associations to have specified buildings 42
recertified at specified intervals; requiring phase 2 43
inspections under certain circumstances; providing 44
requirements for such recertifications and 45
inspections; providing notice requirements; providin g 46
requirements for certain associations and local 47
building officials; authorizing local building 48
officials to prescribe penalties, which must be posted 49
on the building department's website; amending ss. 50
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 3 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
718.301 and 719.301, F.S.; requiring developers to 51
deliver certain information to certain associations 52
when transferring control; amending ss. 718.501 and 53
719.501, F.S.; providing that the division has 54
jurisdiction to investigate specified complaints; 55
requiring certain associations to provide certain 56
information and updates to the division by a specified 57
date and within a specified time; requiring the 58
division to compile a list with certain information 59
and post such list on its website; amending ss. 60
718.503 and 719.503, F.S.; requiring a developer or 61
unit owner, as applicable, to deliver certain 62
documents to a buyer or lessee of a unit; amending ss. 63
718.504 and 719.504, F.S.; requiring certain 64
information to be included in a prospectus or an 65
offering circular; amending s. 719.104, F.S.; revising 66
documents that constitute official records; amending 67
ss. 720.303, 720.311, and 721.15, F.S.; conforming 68
cross-references; providing an appropriation; 69
providing an effective date. 70
71
Be It Enacted by the Legislature of the State of Florida: 72
73
Section 1. Subsection ( 1) of section 468.4334, Florida 74
Statutes, is amended to read: 75
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 4 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
468.4334 Professional practice standards; liability. — 76
(1)(a) A community association manager or a community 77
association management firm is deemed to act as agent on behalf 78
of a community association as principal within the scope of 79
authority authorized by a written contract or under this 80
chapter. A community association manager and a community 81
association management firm shall discharge duties performed on 82
behalf of the association as authori zed by this chapter loyally, 83
skillfully, and diligently; dealing honestly and fairly; in good 84
faith; with care and full disclosure to the community 85
association; accounting for all funds; and not charging 86
unreasonable or excessive fees. 87
(b) If a community association manager or a community 88
association management firm has a contract with a community 89
association with a building on the association's property that 90
is subject to recertification under s. 718.132 or s. 719.132, 91
the community association manager o r the community association 92
management firm must comply with such sections. 93
Section 2. Paragraph (b) of subsection (2) of section 94
468.436, Florida Statutes, is amended to read: 95
468.436 Disciplinary proceedings. — 96
(2) The following acts constitute gr ounds for which the 97
disciplinary actions in subsection (4) may be taken: 98
(b)1. Violation of any provision of this part. 99
2. Violation of any lawful order or rule rendered or 100
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 5 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
adopted by the department or the council. 101
3. Being convicted of or pleading n olo contendere to a 102
felony in any court in the United States. 103
4. Obtaining a license or certification or any other 104
order, ruling, or authorization by means of fraud, 105
misrepresentation, or concealment of material facts. 106
5. Committing acts of gross misco nduct or gross negligence 107
in connection with the profession. 108
6. Contracting, on behalf of an association, with any 109
entity in which the licensee has a financial interest that is 110
not disclosed. 111
7. Violating any provision of chapter 718, chapter 719, or 112
chapter 720 during the course of performing community 113
association management services pursuant to a contract with a 114
community association as defined in s. 468.431(1). 115
8. Failing to provide a written recertification report to 116
a local building official, if the community association manager 117
or the community association management firm receives the 118
report, in accordance with s. 718.132 or s. 719.132 during the 119
course of performing community association management services 120
pursuant to a contract with a condomi nium, as defined in s. 121
718.103, or a cooperative, as defined in s. 719.103. 122
Section 3. Subsections (22), (23), and (24) and (25) 123
through (30) of section 718.103, Florida Statutes, are 124
renumbered as subsections (23), (24), and (25) and (27) through 125
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 6 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(32), respectively, and new subsections (22) and (26) are added 126
to that section to read: 127
718.103 Definitions. —As used in this chapter, the term: 128
(22) "Primary structural member" has the same meaning as 129
in s. 627.706(2). 130
(26) "Structural integrity reserve study" means a study of 131
the reserve funds required for future major repairs and 132
replacement of the common elements based on a visual inspection 133
of the common elements. A structural integrity reserve study may 134
be performed by any person or entity qualified to perform such 135
study. However, the visual inspection portion of the structural 136
integrity reserve study must be performed by an engineer 137
licensed under chapter 471 or an architect licensed under 138
chapter 481. At a minimum, a structural integrity reserve st udy 139
must identify the common elements being visually inspected, 140
state the estimated remaining useful life and the estimated 141
replacement cost or deferred maintenance expense of the common 142
elements being visually inspected, and provide a recommended 143
annual reserve amount that achieves the estimated replacement 144
cost or deferred maintenance expense of each common element 145
being visually inspected by the end of the estimated remaining 146
useful life of each common element. 147
Section 4. Subsection (2) of section 71 8.104, Florida 148
Statutes, is amended to read: 149
718.104 Creation of condominiums; contents of 150
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 7 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
declaration.—Every condominium created in this state shall be 151
created pursuant to this chapter. 152
(2) A condominium is created by recording a declaration in 153
the public records of the county where the land is located, 154
executed and acknowledged with the requirements for a deed. All 155
persons who have record title to the interest in the land being 156
submitted to condominium ownership, or their lawfully authorized 157
agents, must join in the execution of the declaration. Upon the 158
recording of the declaration, or an amendment adding a phase to 159
the condominium under s. 718.403(6), all units described in the 160
declaration or phase amendment as being located in or on the 161
land then being submitted to condominium ownership shall come 162
into existence, regardless of the state of completion of planned 163
improvements in which the units may be located or any other 164
requirement or description that a declaration may provide. Upon 165
recording the declaration of condominium pursuant to this 166
section, the developer shall file the recording information with 167
the division within 120 calendar days on a form prescribed by 168
the division. If the condominium is subject to s. 718.132 and 169
has at least one building on condominium property that is three 170
stories or higher in height, the developer must also provide 171
information to the division indicating the number of buildings 172
described in the declaration located on the condominium property 173
that are three stories or hig her in height, the total number of 174
units in all such buildings, and the addresses of such buildings 175
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 8 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
within 120 calendar days after recording the declaration on a 176
form prescribed by the division. 177
Section 5. Paragraph (b) of subsection (7) and paragraphs 178
(a), (b), (c), and (g) of subsection (12) of section 718.111, 179
Florida Statutes, are amended to read: 180
718.111 The association. — 181
(7) TITLE TO PROPERTY. — 182
(b) Subject to s. 718.112(2)(n) the provisions of s. 183
718.112(2)(m), the association, through its b oard, has the 184
limited power to convey a portion of the common elements to a 185
condemning authority for the purposes of providing utility 186
easements, right-of-way expansion, or other public purposes, 187
whether negotiated or as a result of eminent domain proceedi ngs. 188
(12) OFFICIAL RECORDS. — 189
(a) From the inception of the association, the association 190
shall maintain each of the following items, if applicable, which 191
constitutes the official records of the association: 192
1. A copy of the plans, permits, warranties, and other 193
items provided by the developer under s. 718.301(4). 194
2. A photocopy of the recorded declaration of condominium 195
of each condominium operated by the association and each 196
amendment to each declaration. 197
3. A photocopy of the recorded bylaws of t he association 198
and each amendment to the bylaws. 199
4. A certified copy of the articles of incorporation of 200
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 9 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the association, or other documents creating the association, 201
and each amendment thereto. 202
5. A copy of the current rules of the association. 203
6. A book or books that contain the minutes of all 204
meetings of the association, the board of administration, and 205
the unit owners. 206
7. A current roster of all unit owners and their mailing 207
addresses, unit identifications, voting certifications, and, if 208
known, telephone numbers. The association shall also maintain 209
the e-mail addresses and facsimile numbers of unit owners 210
consenting to receive notice by electronic transmission. The e -211
mail addresses and facsimile numbers are not accessible to unit 212
owners if consent to receive notice by electronic transmission 213
is not provided in accordance with sub -subparagraph (c)3.e. 214
However, the association is not liable for an inadvertent 215
disclosure of the e-mail address or facsimile number for 216
receiving electronic transmission of notices. 217
8. All current insurance policies of the association and 218
condominiums operated by the association. 219
9. A current copy of any management agreement, lease, or 220
other contract to which the association is a party or under 221
which the association or the unit owners have an obligation or 222
responsibility. 223
10. Bills of sale or transfer for all property owned by 224
the association. 225
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 10 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11. Accounting records for the association and separate 226
accounting records for each condominium that the association 227
operates. Any person who knowingly or intentionally defaces or 228
destroys such records, or who knowingly or intentionally fails 229
to create or maintain such records, with the intent of causing 230
harm to the association or one or more of its members, is 231
personally subject to a civil penalty pursuant to s. 232
718.501(1)(d). The accounting records must include, but are not 233
limited to: 234
a. Accurate, itemized, and detailed records of all 235
receipts and expenditures. 236
b. A current account and a monthly, bimonthly, or 237
quarterly statement of the account for each unit designating the 238
name of the unit owner, the due date and amount of each 239
assessment, the amount paid on the account, and the balance due. 240
c. All audits, reviews, accounting statements, structural 241
integrity reserve studies, and financial reports of the 242
association or condominium. 243
d. All contracts for work to be performed. Bids for work 244
to be performed are also considered official records and must be 245
maintained by the association for at least 1 year after receipt 246
of the bid. 247
12. Ballots, sign-in sheets, voting proxies, and all other 248
papers and electronic records relating to voting by unit owners, 249
which must be maintained for 1 year from the date of the 250
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 11 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
election, vote, or meeting to which the document relates, 251
notwithstanding paragraph (b). 252
13. All rental records if the association is acting as 253
agent for the rental of condominium units. 254
14. A copy of the current question and answer sheet as 255
described in s. 718.504. 256
15. A copy of the inspection report as describ ed in s. 257
718.301(4)(p). 258
16. Bids for materials, equipment, or services. 259
17. All affirmative acknowledgments made pursuant to s. 260
718.121(4)(c). 261
18. All written recertification reports and written phase 262
2 inspection reports if required under s. 718.132 . 263
19.18. All other written records of the association not 264
specifically included in the foregoing which are related to the 265
operation of the association. 266
(b) The official records specified in subparagraphs (a)1. -267
6. and 18. must be permanently maintained from the inception of 268
the association. Bids for work to be performed or for materials, 269
equipment, or services must be maintained for at least 1 year 270
after receipt of the bid. Structural integrity reserve studies 271
must be maintained for at least 15 years aft er the study is 272
completed. All other official records must be maintained within 273
the state for at least 7 years, unless otherwise provided by 274
general law. The records of the association shall be made 275
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 12 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
available to a unit owner within 45 miles of the condomin ium 276
property or within the county in which the condominium property 277
is located within 10 working days after receipt of a written 278
request by the board or its designee. However, such distance 279
requirement does not apply to an association governing a 280
timeshare condominium. This paragraph may be complied with by 281
having a copy of the official records of the association 282
available for inspection or copying on the condominium property 283
or association property, or the association may offer the option 284
of making the records available to a unit owner electronically 285
via the Internet or by allowing the records to be viewed in 286
electronic format on a computer screen and printed upon request. 287
The association is not responsible for the use or misuse of the 288
information provided to an association member or his or her 289
authorized representative in compliance with this chapter unless 290
the association has an affirmative duty not to disclose such 291
information under this chapter. 292
(c)1. The official records of the association are open to 293
inspection by any association member or the authorized 294
representative of such member at all reasonable times. The right 295
to inspect the records includes the right to make or obtain 296
copies, at the reasonable expense, if any, of the member or 297
authorized representative of such member. A renter of a unit has 298
a right to inspect and copy only the declaration of condominium , 299
and the association's bylaws and rules , and, if applicable, the 300
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 13 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
association's written recertification reports and written phase 301
2 inspection reports as described in s. 718.132 . The association 302
may adopt reasonable rules regarding the frequency, time, 303
location, notice, and manner of record inspections and copying 304
but may not require a member to demonstrate any purpose or state 305
any reason for the inspection. The failure of an association to 306
provide the records within 10 working days after receipt of a 307
written request creates a rebuttable presumption that the 308
association willfully failed to comply with this paragraph. A 309
unit owner who is denied acc ess to official records is entitled 310
to the actual damages or minimum damages for the association's 311
willful failure to comply. Minimum damages are $50 per calendar 312
day for up to 10 days, beginning on the 11th working day after 313
receipt of the written request . The failure to permit inspection 314
entitles any person prevailing in an enforcement action to 315
recover reasonable attorney fees from the person in control of 316
the records who, directly or indirectly, knowingly denied access 317
to the records. 318
2. Any person who knowingly or intentionally defaces or 319
destroys accounting records that are required by this chapter to 320
be maintained during the period for which such records are 321
required to be maintained, or who knowingly or intentionally 322
fails to create or maintain acc ounting records that are required 323
to be created or maintained, with the intent of causing harm to 324
the association or one or more of its members, is personally 325
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 14 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subject to a civil penalty under pursuant to s. 718.501(1)(d). 326
3. The association must shall maintain an adequate number 327
of copies of the declaration, articles of incorporation, bylaws, 328
and rules, and all amendments to each of the foregoing, as well 329
as the question and answer sheet as described in s. 718.504 and 330
year-end financial information requir ed under this section, on 331
the condominium property to ensure their availability to unit 332
owners and prospective purchasers, and may charge its actual 333
costs for preparing and furnishing these documents to those 334
requesting the documents. An association must shall allow a 335
member or his or her authorized representative to use a portable 336
device, including a smartphone, tablet, portable scanner, or any 337
other technology capable of scanning or taking photographs, to 338
make an electronic copy of the official records in lieu of the 339
association's providing the member or his or her authorized 340
representative with a copy of such records. The association may 341
not charge a member or his or her authorized representative for 342
the use of a portable device. Notwithstanding this para graph, 343
the following records are not accessible to unit owners: 344
a. Any record protected by the lawyer -client privilege as 345
described in s. 90.502 and any record protected by the work -346
product privilege, including a record prepared by an association 347
attorney or prepared at the attorney's express direction, which 348
reflects a mental impression, conclusion, litigation strategy, 349
or legal theory of the attorney or the association, and which 350
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 15 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
was prepared exclusively for civil or criminal litigation or for 351
adversarial administrative proceedings, or which was prepared in 352
anticipation of such litigation or proceedings until the 353
conclusion of the litigation or proceedings. 354
b. Information obtained by an association in connection 355
with the approval of the lease, sale, or other transfer of a 356
unit. 357
c. Personnel records of association or management company 358
employees, including, but not limited to, disciplinary, payroll, 359
health, and insurance records. For purposes of this sub -360
subparagraph, the term "personnel records" does not include 361
written employment agreements with an association employee or 362
management company, or budgetary or financial records that 363
indicate the compensation paid to an association employee. 364
d. Medical records of unit owners. 365
e. Social security number s, driver license numbers, credit 366
card numbers, e-mail addresses, telephone numbers, facsimile 367
numbers, emergency contact information, addresses of a unit 368
owner other than as provided to fulfill the association's notice 369
requirements, and other personal ide ntifying information of any 370
person, excluding the person's name, unit designation, mailing 371
address, property address, and any address, e -mail address, or 372
facsimile number provided to the association to fulfill the 373
association's notice requirements. Notwith standing the 374
restrictions in this sub -subparagraph, an association may print 375
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 16 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and distribute to unit owners a directory containing the name, 376
unit address, and all telephone numbers of each unit owner. 377
However, an owner may exclude his or her telephone numbe rs from 378
the directory by so requesting in writing to the association. An 379
owner may consent in writing to the disclosure of other contact 380
information described in this sub -subparagraph. The association 381
is not liable for the inadvertent disclosure of informa tion that 382
is protected under this sub -subparagraph if the information is 383
included in an official record of the association and is 384
voluntarily provided by an owner and not requested by the 385
association. 386
f. Electronic security measures that are used by the 387
association to safeguard data, including passwords. 388
g. The software and operating system used by the 389
association which allow the manipulation of data, even if the 390
owner owns a copy of the same software used by the association. 391
The data is part of the off icial records of the association. 392
h. All affirmative acknowledgments made pursuant to s. 393
718.121(4)(c). 394
(g)1. By January 1, 2019, An association managing a 395
condominium with 150 or more units which does not contain 396
timeshare units must shall post digital copies of the documents 397
specified in subparagraph 2. on its website or make such 398
documents available through an application that can be 399
downloaded on a mobile device. 400
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 17 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a. The association's website or application must be: 401
(I) An independent website, ap plication, or web portal 402
wholly owned and operated by the association; or 403
(II) A website, application, or web portal operated by a 404
third-party provider with whom the association owns, leases, 405
rents, or otherwise obtains the right to operate a web page, 406
subpage, web portal, collection of subpages or web portals, or 407
an application which is dedicated to the association's 408
activities and on which required notices, records, and documents 409
may be posted or made available by the association. 410
b. The association's website or application must be 411
accessible through the Internet and must contain a subpage, web 412
portal, or other protected electronic location that is 413
inaccessible to the general public and accessible only to unit 414
owners and employees of the association. 415
c. Upon a unit owner's written request, the association 416
must provide the unit owner with a username and password and 417
access to the protected sections of the association's website or 418
application which contain any notices, records, or documents 419
that must be electronically provided. 420
2. A current copy of the following documents must be 421
posted in digital format on the association's website or 422
application: 423
a. The recorded declaration of condominium of each 424
condominium operated by the association and each amendment to 425
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 18 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
each declaration. 426
b. The recorded bylaws of the association and each 427
amendment to the bylaws. 428
c. The articles of incorporation of the association, or 429
other documents creating the association, and each amendment to 430
the articles of incorpora tion or other documents. The copy 431
posted pursuant to this sub -subparagraph must be a copy of the 432
articles of incorporation filed with the Department of State. 433
d. The rules of the association. 434
e. A list of all executory contracts or documents to which 435
the association is a party or under which the association or the 436
unit owners have an obligation or responsibility and, after 437
bidding for the related materials, equipment, or services has 438
closed, a list of bids received by the association within the 439
past year. Summaries of bids for materials, equipment, or 440
services which exceed $500 must be maintained on the website or 441
application for 1 year. In lieu of summaries, complete copies of 442
the bids may be posted. 443
f. The annual budget required by s. 718.112(2)(f) a nd any 444
proposed budget to be considered at the annual meeting. 445
g. The financial report required by subsection (13) and 446
any monthly income or expense statement to be considered at a 447
meeting. 448
h. The certification of each director required by s. 449
718.112(2)(d)4.b. 450
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 19 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
i. All contracts or transactions between the association 451
and any director, officer, corporation, firm, or association 452
that is not an affiliated condominium association or any other 453
entity in which an association director is also a director or 454
officer and financially interested. 455
j. Any contract or document regarding a conflict of 456
interest or possible conflict of interest as provided in ss. 457
468.436(2)(b)6. and 718.3027(3). 458
k. The notice of any unit owner meeting and the agenda for 459
the meeting, as required by s. 718.112(2)(d)3., no later than 14 460
days before the meeting. The notice must be posted in plain view 461
on the front page of the website or application, or on a 462
separate subpage of the website or application labeled "Notices" 463
which is conspicuously visible and linked from the front page. 464
The association must also post on its website or application any 465
document to be considered and voted on by the owners during the 466
meeting or any document listed on the agenda at least 7 days 467
before the meeting a t which the document or the information 468
within the document will be considered. 469
l. Notice of any board meeting, the agenda, and any other 470
document required for the meeting as required by s. 471
718.112(2)(c), which must be posted no later than the date 472
required for notice under s. 718.112(2)(c). 473
m. The association's most recent structural integrity 474
reserve study, if applicable. 475
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 20 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
n. The association's most recent written recertification 476
report and written phase 2 inspection report as described in s. 477
718.132, if applicable. 478
3. The association shall ensure that the information and 479
records described in paragraph (c), which are not allowed to be 480
accessible to unit owners, are not posted on the association's 481
website or application. If protected information or in formation 482
restricted from being accessible to unit owners is included in 483
documents that are required to be posted on the association's 484
website or application, the association must shall ensure the 485
information is redacted before posting the documents. 486
Notwithstanding the foregoing, the association or its agent is 487
not liable for disclosing information that is protected or 488
restricted under this paragraph unless such disclosure was made 489
with a knowing or intentional disregard of the protected or 490
restricted nature of such information. 491
4. The failure of the association to post information 492
required under subparagraph 2. is not in and of itself 493
sufficient to invalidate any action or decision of the 494
association's board or its committees. 495
Section 6. Paragraphs ( g) through (o) of subsection (2) of 496
section 718.112, Florida Statutes, are redesignated as 497
paragraphs (h) through (p), respectively, paragraphs (d) and (f) 498
of that subsection are amended, and a new paragraph (g) is added 499
to that subsection, to read: 500
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 21 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
718.112 Bylaws.— 501
(2) REQUIRED PROVISIONS. —The bylaws shall provide for the 502
following and, if they do not do so, shall be deemed to include 503
the following: 504
(d) Unit owner meetings. — 505
1. An annual meeting of the unit owners must be held at 506
the location provided in the association bylaws and, if the 507
bylaws are silent as to the location, the meeting must be held 508
within 45 miles of the condominium property. However, such 509
distance requirement does not apply to an association governing 510
a timeshare condominium. 511
2. Unless the bylaws provide otherwise, a vacancy on the 512
board caused by the expiration of a director's term must be 513
filled by electing a new board member, and the election must be 514
by secret ballot. An election is not required if the number of 515
vacancies equals or exceeds the number of candidates. For 516
purposes of this paragraph, the term "candidate" means an 517
eligible person who has timely submitted the written notice, as 518
described in sub-subparagraph 4.a., of his or her intention to 519
become a candidate. Except in a timeshare or nonresidential 520
condominium, or if the staggered term of a board member does not 521
expire until a later annual meeting, or if all members' terms 522
would otherwise expire but there are no candidates, the terms of 523
all board members expire at th e annual meeting, and such members 524
may stand for reelection unless prohibited by the bylaws. Board 525
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 22 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
members may serve terms longer than 1 year if permitted by the 526
bylaws or articles of incorporation. A board member may not 527
serve more than 8 consecutive year s unless approved by an 528
affirmative vote of unit owners representing two -thirds of all 529
votes cast in the election or unless there are not enough 530
eligible candidates to fill the vacancies on the board at the 531
time of the vacancy. Only board service that occu rs on or after 532
July 1, 2018, may be used when calculating a board member's term 533
limit. If the number of board members whose terms expire at the 534
annual meeting equals or exceeds the number of candidates, the 535
candidates become members of the board effective upon the 536
adjournment of the annual meeting. Unless the bylaws provide 537
otherwise, any remaining vacancies shall be filled by the 538
affirmative vote of the majority of the directors making up the 539
newly constituted board even if the directors constitute less 540
than a quorum or there is only one director. In a residential 541
condominium association of more than 10 units or in a 542
residential condominium association that does not include 543
timeshare units or timeshare interests, co -owners of a unit may 544
not serve as members of the board of directors at the same time 545
unless they own more than one unit or unless there are not 546
enough eligible candidates to fill the vacancies on the board at 547
the time of the vacancy. A unit owner in a residential 548
condominium desiring to be a cand idate for board membership must 549
comply with sub-subparagraph 4.a. and must be eligible to be a 550
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 23 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
candidate to serve on the board of directors at the time of the 551
deadline for submitting a notice of intent to run in order to 552
have his or her name listed as a pr oper candidate on the ballot 553
or to serve on the board. A person who has been suspended or 554
removed by the division under this chapter, or who is delinquent 555
in the payment of any assessment due to the association, is not 556
eligible to be a candidate for board membership and may not be 557
listed on the ballot. For purposes of this paragraph, a person 558
is delinquent if a payment is not made by the due date as 559
specifically identified in the declaration of condominium, 560
bylaws, or articles of incorporation. If a due dat e is not 561
specifically identified in the declaration of condominium, 562
bylaws, or articles of incorporation, the due date is the first 563
day of the assessment period. A person who has been convicted of 564
any felony in this state or in a United States District or 565
Territorial Court, or who has been convicted of any offense in 566
another jurisdiction which would be considered a felony if 567
committed in this state, is not eligible for board membership 568
unless such felon's civil rights have been restored for at least 569
5 years as of the date such person seeks election to the board. 570
The validity of an action by the board is not affected if it is 571
later determined that a board member is ineligible for board 572
membership due to having been convicted of a felony. This 573
subparagraph does not limit the term of a member of the board of 574
a nonresidential or timeshare condominium. 575
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 24 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. The bylaws must provide the method of calling meetings 576
of unit owners, including annual meetings. Written notice of an 577
annual meeting must include an agenda; b e mailed, hand 578
delivered, or electronically transmitted to each unit owner at 579
least 14 days before the annual meeting; and be posted in a 580
conspicuous place on the condominium property or association 581
property at least 14 continuous days before the annual me eting. 582
Written notice of a meeting other than an annual meeting must 583
include an agenda; be mailed, hand delivered, or electronically 584
transmitted to each unit owner; and be posted in a conspicuous 585
place on the condominium property or association property wi thin 586
the timeframe specified in the bylaws. If the bylaws do not 587
specify a timeframe for written notice of a meeting other than 588
an annual meeting, notice must be provided at least 14 589
continuous days before the meeting. Upon notice to the unit 590
owners, the board shall, by duly adopted rule, designate a 591
specific location on the condominium property or association 592
property where all notices of unit owner meetings must be 593
posted. This requirement does not apply if there is no 594
condominium property for posting not ices. In lieu of, or in 595
addition to, the physical posting of meeting notices, the 596
association may, by reasonable rule, adopt a procedure for 597
conspicuously posting and repeatedly broadcasting the notice and 598
the agenda on a closed -circuit cable television sy stem serving 599
the condominium association. However, if broadcast notice is 600
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 25 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
used in lieu of a notice posted physically on the condominium 601
property, the notice and agenda must be broadcast at least four 602
times every broadcast hour of each day that a posted not ice is 603
otherwise required under this section. If broadcast notice is 604
provided, the notice and agenda must be broadcast in a manner 605
and for a sufficient continuous length of time so as to allow an 606
average reader to observe the notice and read and comprehend the 607
entire content of the notice and the agenda. In addition to any 608
of the authorized means of providing notice of a meeting of the 609
board, the association may, by rule, adopt a procedure for 610
conspicuously posting the meeting notice and the agenda on a 611
website serving the condominium association for at least the 612
minimum period of time for which a notice of a meeting is also 613
required to be physically posted on the condominium property. 614
Any rule adopted shall, in addition to other matters, include a 615
requirement that the association send an electronic notice in 616
the same manner as a notice for a meeting of the members, which 617
must include a hyperlink to the website where the notice is 618
posted, to unit owners whose e -mail addresses are included in 619
the association's official records. Unless a unit owner waives 620
in writing the right to receive notice of the annual meeting, 621
such notice must be hand delivered, mailed, or electronically 622
transmitted to each unit owner. Notice for meetings and notice 623
for all other purposes must be mailed to each unit owner at the 624
address last furnished to the association by the unit owner, or 625
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 26 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
hand delivered to each unit owner. However, if a unit is owned 626
by more than one person, the association must provide notice to 627
the address that the dev eloper identifies for that purpose and 628
thereafter as one or more of the owners of the unit advise the 629
association in writing, or if no address is given or the owners 630
of the unit do not agree, to the address provided on the deed of 631
record. An officer of the association, or the manager or other 632
person providing notice of the association meeting, must provide 633
an affidavit or United States Postal Service certificate of 634
mailing, to be included in the official records of the 635
association affirming that the notice was mailed or hand 636
delivered in accordance with this provision. 637
4. The members of the board of a residential condominium 638
shall be elected by written ballot or voting machine. Proxies 639
may not be used in electing the board in general elections or 640
elections to fill vacancies caused by recall, resignation, or 641
otherwise, unless otherwise provided in this chapter. This 642
subparagraph does not apply to an association governing a 643
timeshare condominium. 644
a. At least 60 days before a scheduled election, the 645
association shall mail, deliver, or electronically transmit, by 646
separate association mailing or included in another association 647
mailing, delivery, or transmission, including regularly 648
published newsletters, to each unit owner entitled to a vote, a 649
first notice of the date of the election. A unit owner or other 650
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 27 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
eligible person desiring to be a candidate for the board must 651
give written notice of his or her intent to be a candidate to 652
the association at least 40 days before a scheduled election. 653
Together with the writ ten notice and agenda as set forth in 654
subparagraph 3., the association shall mail, deliver, or 655
electronically transmit a second notice of the election to all 656
unit owners entitled to vote, together with a ballot that lists 657
all candidates not less than 14 da ys or more than 34 days before 658
the date of the election. Upon request of a candidate, an 659
information sheet, no larger than 8 1/2 inches by 11 inches, 660
which must be furnished by the candidate at least 35 days before 661
the election, must be included with the m ailing, delivery, or 662
transmission of the ballot, with the costs of mailing, delivery, 663
or electronic transmission and copying to be borne by the 664
association. The association is not liable for the contents of 665
the information sheets prepared by the candidates . In order to 666
reduce costs, the association may print or duplicate the 667
information sheets on both sides of the paper. The division 668
shall by rule establish voting procedures consistent with this 669
sub-subparagraph, including rules establishing procedures for 670
giving notice by electronic transmission and rules providing for 671
the secrecy of ballots. Elections shall be decided by a 672
plurality of ballots cast. There is no quorum requirement; 673
however, at least 20 percent of the eligible voters must cast a 674
ballot in order to have a valid election. A unit owner may not 675
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 28 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
authorize any other person to vote his or her ballot, and any 676
ballots improperly cast are invalid. A unit owner who violates 677
this provision may be fined by the association in accordance 678
with s. 718.303. A unit owner who needs assistance in casting 679
the ballot for the reasons stated in s. 101.051 may obtain such 680
assistance. The regular election must occur on the date of the 681
annual meeting. Notwithstanding this sub -subparagraph, an 682
election is not required unl ess more candidates file notices of 683
intent to run or are nominated than board vacancies exist. 684
b. Within 90 days after being elected or appointed to the 685
board of an association of a residential condominium, each newly 686
elected or appointed director shall certify in writing to the 687
secretary of the association that he or she has read the 688
association's declaration of condominium, articles of 689
incorporation, bylaws, and current written policies; that he or 690
she will work to uphold such documents and policies to the best 691
of his or her ability; and that he or she will faithfully 692
discharge his or her fiduciary responsibility to the 693
association's members. In lieu of this written certification, 694
within 90 days after being elected or appointed to the board, 695
the newly elected or appointed director may submit a certificate 696
of having satisfactorily completed the educational curriculum 697
administered by a division -approved condominium education 698
provider within 1 year before or 90 days after the date of 699
election or appointment. The written certification or 700
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 29 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
educational certificate is valid and does not have to be 701
resubmitted as long as the director serves on the board without 702
interruption. A director of an association of a residential 703
condominium who fails to timely file the writ ten certification 704
or educational certificate is suspended from service on the 705
board until he or she complies with this sub -subparagraph. The 706
board may temporarily fill the vacancy during the period of 707
suspension. The secretary shall cause the association t o retain 708
a director's written certification or educational certificate 709
for inspection by the members for 5 years after a director's 710
election or the duration of the director's uninterrupted tenure, 711
whichever is longer. Failure to have such written certifica tion 712
or educational certificate on file does not affect the validity 713
of any board action. 714
c. Any challenge to the election process must be commenced 715
within 60 days after the election results are announced. 716
5. Any approval by unit owners called for by t his chapter 717
or the applicable declaration or bylaws, including, but not 718
limited to, the approval requirement in s. 718.111(8), must be 719
made at a duly noticed meeting of unit owners and is subject to 720
all requirements of this chapter or the applicable condom inium 721
documents relating to unit owner decisionmaking, except that 722
unit owners may take action by written agreement, without 723
meetings, on matters for which action by written agreement 724
without meetings is expressly allowed by the applicable bylaws 725
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 30 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or declaration or any law that provides for such action. 726
6. Unit owners may waive notice of specific meetings if 727
allowed by the applicable bylaws or declaration or any law. 728
Notice of meetings of the board of administration, unit owner 729
meetings, except unit owner meetings called to recall board 730
members under paragraph (k) (j), and committee meetings may be 731
given by electronic transmission to unit owners who consent to 732
receive notice by electronic transmission. A unit owner who 733
consents to receiving notices by elect ronic transmission is 734
solely responsible for removing or bypassing filters that block 735
receipt of mass e-mails sent to members on behalf of the 736
association in the course of giving electronic notices. 737
7. Unit owners have the right to participate in meetings 738
of unit owners with reference to all designated agenda items. 739
However, the association may adopt reasonable rules governing 740
the frequency, duration, and manner of unit owner participation. 741
8. A unit owner may tape record or videotape a meeting o f 742
the unit owners subject to reasonable rules adopted by the 743
division. 744
9. Unless otherwise provided in the bylaws, any vacancy 745
occurring on the board before the expiration of a term may be 746
filled by the affirmative vote of the majority of the remaining 747
directors, even if the remaining directors constitute less than 748
a quorum, or by the sole remaining director. In the alternative, 749
a board may hold an election to fill the vacancy, in which case 750
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 31 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the election procedures must conform to sub -subparagraph 4.a. 751
unless the association governs 10 units or fewer and has opted 752
out of the statutory election process, in which case the bylaws 753
of the association control. Unless otherwise provided in the 754
bylaws, a board member appointed or elected under this section 755
shall fill the vacancy for the unexpired term of the seat being 756
filled. Filling vacancies created by recall is governed by 757
paragraph (k) (j) and rules adopted by the division. 758
10. This chapter does not limit the use of general or 759
limited proxies, require the use of general or limited proxies, 760
or require the use of a written ballot or voting machine for any 761
agenda item or election at any meeting of a timeshare 762
condominium association or nonresidential condominium 763
association. 764
765
Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an 766
association of 10 or fewer units may, by affirmative vote of a 767
majority of the total voting interests, provide for different 768
voting and election procedures in its bylaws, which may be by a 769
proxy specifically delineating the d ifferent voting and election 770
procedures. The different voting and election procedures may 771
provide for elections to be conducted by limited or general 772
proxy. 773
(f) Annual budget.— 774
1. The proposed annual budget of estimated revenues and 775
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 32 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
expenses must be detailed and must show the amounts budgeted by 776
accounts and expense classifications, including, at a minimum, 777
any applicable expenses listed in s. 718.504(21). The board 778
shall adopt the annual budget at least 14 days before prior to 779
the start of the associat ion's fiscal year. In the event that 780
the board fails to timely adopt the annual budget a second time, 781
it is shall be deemed a minor violation and the prior year's 782
budget shall continue in effect until a new budget is adopted. A 783
multicondominium association must shall adopt a separate budget 784
of common expenses for each condominium the association operates 785
and must shall adopt a separate budget of common expenses for 786
the association. In addition, if the association maintains 787
limited common elements with the c ost to be shared only by those 788
entitled to use the limited common elements as provided for in 789
s. 718.113(1), the budget or a schedule attached to it must show 790
the amount budgeted for this maintenance. If, after turnover of 791
control of the association to the unit owners, any of the 792
expenses listed in s. 718.504(21) are not applicable, they do 793
need not need to be listed. 794
2.a. In addition to annual operating expenses, the budget 795
must include reserve accounts for capital expenditures and 796
deferred maintenance. These accounts must include, but are not 797
limited to, roof replacement, building painting, and pavement 798
resurfacing, regardless of the amount of deferred maintenance 799
expense or replacement cost, and any other item that has a 800
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 33 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
deferred maintenance expense or replacement cost that exceeds 801
$10,000. The amount to be reserved for an item is determined by 802
the association's most recent structural integrity reserve 803
study. If the amount to be reserved for an item is not in the 804
association's most recent structural inte grity reserve study or 805
the association has not completed a structural integrity reserve 806
study, the amount must be computed using a formula based upon 807
estimated remaining useful life and estimated replacement cost 808
or deferred maintenance expense of the each reserve item. The 809
association may adjust replacement reserve assessments annually 810
to take into account any changes in estimates or extension of 811
the useful life of a reserve item caused by deferred 812
maintenance. This subsection does not apply to an adopted budget 813
in which The members of a unit-owner controlled an association 814
may determine have determined, by a majority vote at a duly 815
called meeting of the association, to provide no reserves or 816
less reserves than required by this subsection. Effective July 817
1, 2024, the members of a unit -owner controlled association may 818
not determine to provide no reserves or less reserves than 819
required by this subsection for items listed in paragraph (g). 820
b. Before turnover of control of an association by a 821
developer to unit owners other than a developer under pursuant 822
to s. 718.301, the developer-controlled association developer 823
may not vote the voting interests allocated to its units to 824
waive the reserves or reduce the funding of the reserves through 825
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 34 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the period expiring at the end of the second fiscal year after 826
the fiscal year in which the certificate of a surveyor and 827
mapper is recorded pursuant to s. 718.104(4)(e) or an instrument 828
that transfers title to a unit in the condominium which is not 829
accompanied by a recorded ass ignment of developer rights in 830
favor of the grantee of such unit is recorded, whichever occurs 831
first, after which time reserves may be waived or reduced only 832
upon the vote of a majority of all nondeveloper voting interests 833
voting in person or by limited pr oxy at a duly called meeting of 834
the association. If a meeting of the unit owners has been called 835
to determine whether to waive or reduce the funding of reserves 836
and no such result is achieved or a quorum is not attained, the 837
reserves included in the budget shall go into effect. After the 838
turnover, the developer may vote its voting interest to waive or 839
reduce the funding of reserves. 840
3. Reserve funds and any interest accruing thereon shall 841
remain in the reserve account or accounts, and may be used only 842
for authorized reserve expenditures unless their use for other 843
purposes is approved in advance by a majority vote at a duly 844
called meeting of the association. Before turnover of control of 845
an association by a developer to unit owners other than the 846
developer pursuant to s. 718.301, the developer -controlled 847
association may not vote to use reserves for purposes other than 848
those for which they were intended . Effective July 1, 2024, 849
members of a unit-owner controlled association may not vote to 850
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 35 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
use reserve funds, or any interest accruing thereon, that are 851
reserved for items listed in paragraph (g) for any other purpose 852
other than their intended purpose without the approval of a 853
majority of all nondeveloper voting interests, voting in person 854
or by limited proxy at a duly called meeting of the association . 855
4. The only voting interests that are eligible to vote on 856
questions that involve waiving or reducing the funding of 857
reserves, or using existing reserve funds for purposes other 858
than purposes for which the reserves were intended, are the 859
voting interests of the units subject to assessment to fund the 860
reserves in question. Proxy questions relating to waiving or 861
reducing the funding of reserves or using existing reserve funds 862
for purposes other than purposes for which the reserves were 863
intended must contain the following statement in capitalized, 864
bold letters in a font size larger than any other used on the 865
face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN 866
PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESE RVES MAY 867
RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED 868
SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. 869
(g) Structural integrity reserve study. — 870
1. An association must have a structural integrity reserve 871
study completed at least every 10 years after the condominium's 872
creation for each building on the condominium property that is 873
three stories or higher in height which includes, at a minimum, 874
a study of the following items as related to the structural 875
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 36 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
integrity and safety of the building: 876
a. Roof. 877
b. Load-bearing walls or other primary structural members. 878
c. Floor. 879
d. Foundation. 880
e. Fireproofing and fire protection systems. 881
f. Plumbing. 882
g. Electrical systems. 883
h. Waterproofing and exterior painting. 884
i. Windows. 885
j. Any other item that has a deferred maintenance expense 886
or replacement cost that exceeds $10,000 and the failure to 887
replace or maintain such item negatively affects the items 888
listed in subparagraphs a. -i., as determined by the licensed 889
engineer or architect performing th e visual inspection portion 890
of the structural integrity reserve study. 891
2. Before a developer turns over control of an association 892
to unit owners other than the developer, the developer must have 893
a structural integrity reserve study completed for each bui lding 894
on the condominium property that is three stories or higher in 895
height. 896
3. Associations existing on or before July 1, 2022, which 897
are controlled by unit owners other than the developer, must 898
have a structural integrity reserve study completed by Jul y 1, 899
2024, for each building on the condominium property that is 900
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 37 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
three stories or higher in height. 901
4. If an association fails to complete a structural 902
integrity reserve study pursuant to this paragraph, such failure 903
is a breach of an officer's and direc tor's fiduciary 904
relationship to the unit owners under s. 718.111(1). 905
Section 7. Paragraph (f) of subsection (8) of section 906
718.116, Florida Statutes, is amended to read: 907
718.116 Assessments; liability; lien and priority; 908
interest; collection. — 909
(8) Within 10 business days after receiving a written or 910
electronic request therefor from a unit owner or the unit 911
owner's designee, or a unit mortgagee or the unit mortgagee's 912
designee, the association shall issue the estoppel certificate. 913
Each association shall designate on its website a person or 914
entity with a street or e -mail address for receipt of a request 915
for an estoppel certificate issued pursuant to this section. The 916
estoppel certificate must be provided by hand delivery, regular 917
mail, or e-mail to the requestor on the date of issuance of the 918
estoppel certificate. 919
(f) Notwithstanding any limitation on transfer fees 920
contained in s. 718.112(2)(j) s. 718.112(2)(i), an association 921
or its authorized agent may charge a reasonable fee for the 922
preparation and delivery of an estoppel certificate, which may 923
not exceed $250, if, on the date the certificate is issued, no 924
delinquent amounts are owed to the association for the 925
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 38 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicable unit. If an estoppel certificate is requested on an 926
expedited basis and deliver ed within 3 business days after the 927
request, the association may charge an additional fee of $100. 928
If a delinquent amount is owed to the association for the 929
applicable unit, an additional fee for the estoppel certificate 930
may not exceed $150. 931
Section 8. Paragraph (c) of subsection (2) of section 932
718.117, Florida Statutes, is redesignated as paragraph (d), 933
paragraph (b) of subsection (8) is amended, and a new paragraph 934
(c) is added to subsection (2) of that section, to read: 935
718.117 Termination of condo minium.— 936
(2) TERMINATION BECAUSE OF ECONOMIC WASTE OR 937
IMPOSSIBILITY.— 938
(c)1. Notwithstanding paragraph (a), a condominium that 939
has a building that has received a phase 2 inspection under s. 940
718.132 with recommended repairs for substantial structural 941
deterioration, as defined in s. 718.132(1), that exceed 65 942
percent of the combined fair market value of the units in the 943
condominium after completion of the construction or repairs may 944
be terminated pursuant to a plan of termination approved by a 945
majority of the total voting interests of the condominium. Such 946
termination must be approved at a properly called meeting of the 947
association with the voting interests voting in person or by 948
limited proxy. A bulk owner has the same number of voting 949
interests as a singl e unit owner under this paragraph. For 950
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 39 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
purposes of this paragraph, the term "bulk owner" has the same 951
meaning as in paragraph (3)(c). 952
2. Written notice of the meeting must include an agenda 953
that conspicuously states that a plan of termination of the 954
condominium will be considered. The written notice must be 955
mailed, hand delivered, or electronically transmitted to each 956
unit owner at least 14 days before the meeting and must be 957
posted in a conspicuous place on the condominium property or the 958
association property at least 14 continuous days before the 959
meeting. 960
3. The fair market value of the units in the condominium 961
must be determined by an independent appraiser selected by the 962
termination trustee no earlier than 90 days before the date on 963
which the plan of termination is recorded. 964
(8) REPORTS AND REPLACEMENT OF RECEIVER. — 965
(b) The unit owners of an association in termination may 966
recall or remove members of the board of administration with or 967
without cause at any time as provided in s. 718.112(2)(k) s. 968
718.112(2)(j). 969
Section 9. Section 718.132, Florida Statutes, is created 970
to read: 971
718.132 Building recertification. — 972
(1) As used in this section, the term: 973
(a) "Coastline" has the same meaning as in the Submerged 974
Lands Act, 43 U.S.C. s. 1301(c). 975
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 40 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) "Phase 2 inspection" means an inspection that includes 976
destructive and nondestructive testing at the discretion of the 977
person performing the inspection and a written report of such 978
inspection. A phase 2 inspection must be performed by an 979
engineer licensed under chapter 471 or an architect licensed 980
under chapter 481. 981
(c) "Recertification" or "recertify" means a visual 982
inspection of a building's general structural condition and the 983
general condition of its electrical system, including a written 984
report of such inspection, performed by an engineer licensed 985
under chapter 471 or an architect licensed under chapter 481. 986
(d) "Substantial structural deterioration" means 987
substantial structural distress that negatively affects a 988
building's general structural con dition and integrity. Surface 989
imperfections such as cracks, distortion, sagging, deflections, 990
misalignment, signs of leakage, or peeling of finishes are not 991
considered substantial structural deterioration unless the 992
licensed engineer or architect performin g the recertification or 993
phase 2 inspection determines that such surface imperfections 994
are a sign of substantial structural distress. 995
(e) "Visual inspection" means a visual examination of the 996
items listed in s. 718.112(2)(g). 997
(2)(a) An association must have any building on 998
condominium property that is three stories or higher in height 999
and that has been occupied for at least 30 years, or 25 years if 1000
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 41 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the building is within 3 miles of the coastline of the state, 1001
recertified as determined by the local build ing official. 1002
(b) An association must have any building on condominium 1003
property that is required to be recertified under paragraph (a) 1004
recertified at least every 10 years after its first 1005
recertification. 1006
(3) Upon determining that a building on condomin ium 1007
property must be recertified, the local building official must 1008
provide written notice of such required recertification to the 1009
association by certified mail, return receipt requested. 1010
(4)(a) Within 90 days after receiving the written notice 1011
under subsection (3), or within 180 days if the association 1012
receives the written notice before July 1, 2023, the association 1013
or the association's manager must provide the written 1014
recertification report by e -mail, United States Postal Service, 1015
or commercial delivery service to the local building official 1016
and state the date on which the association received such report 1017
from the licensed engineer or architect who performed the 1018
recertification. 1019
(b) Within 14 days after receiving the written 1020
recertification report from the licensed engineer or architect 1021
who performed the recertification, the association must provide 1022
the written recertification report by e -mail, United States 1023
Postal Service, or commercial delivery service to each unit 1024
owner. 1025
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 42 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(5) Upon completing a recert ification, the licensed 1026
engineer or architect who performed the recertification must 1027
provide a written recertification report by e -mail, United 1028
States Postal Service, or commercial delivery service to the 1029
association. The written recertification report mus t, at a 1030
minimum: 1031
(a) Bear the seal and signature, or the electronic 1032
signature, of the licensed engineer or architect who performed 1033
the inspection. 1034
(b) Indicate the manner and type of inspection forming the 1035
basis for the written recertification report a nd a description 1036
of any items identified as requiring further inspection or 1037
remedial action. 1038
(c) Indicate whether there is damage to the items listed 1039
in s. 718.112(2)(g), within a reasonable professional 1040
probability based on the scope of the inspection, and list any 1041
recommended repairs for such damage. 1042
(d) Indicate whether there is substantial structural 1043
deterioration within a reasonable professional probability based 1044
on the scope of the inspection. 1045
(e) State whether unsafe or dangerous conditions, as those 1046
terms are defined in the Florida Building Code, were observed. 1047
(6)(a) If a written recertification report indicates that 1048
there is substantial structural deterioration within a 1049
reasonable professional probability based on the scope of the 1050
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 43 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
inspection, the local building official must provide written 1051
notice to the association by certified mail, return receipt 1052
requested, that the association must have a phase 2 inspection 1053
performed. 1054
(b) Within 60 days after receiving the written notice 1055
under paragraph (a), the association must provide written notice 1056
to the local building official by e -mail, United States Postal 1057
Service, or commercial delivery service that includes the start 1058
date of the phase 2 inspection and the name and contact 1059
information of the licensed engineer or architect who will 1060
perform the phase 2 inspection. 1061
(c) The written phase 2 inspection report must, at a 1062
minimum: 1063
1. Bear the seal and signature, or the electronic 1064
signature, of the licensed engineer or architect who performed 1065
the inspection. 1066
2. Indicate the manner and type of inspection forming the 1067
basis for the written report. 1068
3. State whether there is substantial structural 1069
deterioration, within a reasonable professional probability 1070
based on the scope of the inspection, and the extent of such 1071
deterioration and list any recommended repairs for such 1072
deterioration. 1073
4. State whether unsafe or dangerous conditions, as those 1074
terms are defined in the Florida Building Code, were observed. 1075
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 44 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) The licensed engineer or architec t performing the 1076
phase 2 inspection must provide the written phase 2 inspection 1077
report by e-mail, United States Postal Service, or commercial 1078
delivery service to the local building official and the 1079
association upon completion. 1080
(e) Within 14 days after re ceiving the written phase 2 1081
inspection report from the licensed engineer or architect who 1082
performed the phase 2 inspection, the association must provide 1083
the written phase 2 inspection report by e -mail, United States 1084
Postal Service, or commercial delivery s ervice to each unit 1085
owner. 1086
(7)(a) A local building official may prescribe penalties, 1087
which must be posted on the building department's website, for 1088
failure to comply with this section. 1089
(b) If an association fails to schedule or begin repairs 1090
that are identified in the written phase 2 inspection report 1091
within a time period to be determined by the county 1092
commissioners of the county where the building is located, which 1093
time period may not exceed 365 days after the local building 1094
official receives the writ ten phase 2 inspection report, the 1095
local building official must determine that the building is 1096
unsafe for human occupancy until such repairs are scheduled or 1097
begin. 1098
(8) If an association fails to complete a recertification 1099
or phase 2 inspection pursuant to this section, such failure is 1100
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 45 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a breach of an officer's and director's fiduciary relationship 1101
to the unit owners under s. 718.111(1). 1102
Section 10. Paragraphs (r), (s), and (t) are added to 1103
subsection (4) of section 718.301, Florida Statutes, to read: 1104
718.301 Transfer of association control; claims of defect 1105
by association.— 1106
(4) At the time that unit owners other than the developer 1107
elect a majority of the members of the board of administration 1108
of an association, the developer shall relinquish contro l of the 1109
association, and the unit owners shall accept control. 1110
Simultaneously, or for the purposes of paragraph (c) not more 1111
than 90 days thereafter, the developer shall deliver to the 1112
association, at the developer's expense, all property of the 1113
unit owners and of the association which is held or controlled 1114
by the developer, including, but not limited to, the following 1115
items, if applicable, as to each condominium operated by the 1116
association: 1117
(r) A copy of the association's most recent structural 1118
integrity reserve study. 1119
(s) If a building on the condominium property must be 1120
recertified under s. 718.132, a copy of the association's most 1121
recent written recertification report. 1122
(t) If a building on the condominium property must have a 1123
phase 2 inspection pe rformed under s. 718.132, a copy of the 1124
association's most recent written phase 2 inspection report. 1125
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 46 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 11. Subsection (1) of section 718.501, Florida 1126
Statutes, is amended, and subsection (3) is added to that 1127
section, to read: 1128
718.501 Authority, responsibility, and duties of Division 1129
of Florida Condominiums, Timeshares, and Mobile Homes. — 1130
(1) The division may enforce and ensure compliance with 1131
this chapter and rules relating to the development, 1132
construction, sale, lease, ownership, operation, a nd management 1133
of residential condominium units. In performing its duties, the 1134
division has complete jurisdiction to investigate complaints and 1135
enforce compliance with respect to associations that are still 1136
under developer control or the control of a bulk a ssignee or 1137
bulk buyer pursuant to part VII of this chapter and complaints 1138
against developers, bulk assignees, or bulk buyers involving 1139
improper turnover or failure to turnover, pursuant to s. 1140
718.301. However, after turnover has occurred, the division has 1141
jurisdiction to investigate complaints related only to financial 1142
issues, elections, and the maintenance of and unit owner access 1143
to association records under s. 718.111(12) , and the procedural 1144
completion of structural integrity reserve studies under s. 1145
718.112(2)(g) and recertifications and phase 2 inspections under 1146
s. 718.132. 1147
(a)1. The division may make necessary public or private 1148
investigations within or outside this state to determine whether 1149
any person has violated this chapter or any rule or order 1150
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 47 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
hereunder, to aid in the enforcement of this chapter, or to aid 1151
in the adoption of rules or forms. 1152
2. The division may submit any official written report, 1153
worksheet, or other related paper, or a duly certified copy 1154
thereof, compiled, prepared, drafted, or otherwise made by and 1155
duly authenticated by a financial examiner or analyst to be 1156
admitted as competent evidence in any hearing in which the 1157
financial examiner or analyst is available for cross -examination 1158
and attests under oath that such documents were p repared as a 1159
result of an examination or inspection conducted pursuant to 1160
this chapter. 1161
(b) The division may require or permit any person to file 1162
a statement in writing, under oath or otherwise, as the division 1163
determines, as to the facts and circumstanc es concerning a 1164
matter to be investigated. 1165
(c) For the purpose of any investigation under this 1166
chapter, the division director or any officer or employee 1167
designated by the division director may administer oaths or 1168
affirmations, subpoena witnesses and comp el their attendance, 1169
take evidence, and require the production of any matter which is 1170
relevant to the investigation, including the existence, 1171
description, nature, custody, condition, and location of any 1172
books, documents, or other tangible things and the id entity and 1173
location of persons having knowledge of relevant facts or any 1174
other matter reasonably calculated to lead to the discovery of 1175
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 48 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
material evidence. Upon the failure by a person to obey a 1176
subpoena or to answer questions propounded by the investigatin g 1177
officer and upon reasonable notice to all affected persons, the 1178
division may apply to the circuit court for an order compelling 1179
compliance. 1180
(d) Notwithstanding any remedies available to unit owners 1181
and associations, if the division has reasonable cause to 1182
believe that a violation of any provision of this chapter or 1183
related rule has occurred, the division may institute 1184
enforcement proceedings in its own name against any developer, 1185
bulk assignee, bulk buyer, association, officer, or member of 1186
the board of administration, or its assignees or agents, as 1187
follows: 1188
1. The division may permit a person whose conduct or 1189
actions may be under investigation to waive formal proceedings 1190
and enter into a consent proceeding whereby orders, rules, or 1191
letters of censure or warning, whether formal or informal, may 1192
be entered against the person. 1193
2. The division may issue an order requiring the 1194
developer, bulk assignee, bulk buyer, association, developer -1195
designated officer, or developer -designated member of the board 1196
of administration, developer -designated assignees or agents, 1197
bulk assignee-designated assignees or agents, bulk buyer -1198
designated assignees or agents, community association manager, 1199
or community association management firm to cease and desist 1200
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 49 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
from the unlawful practice and take such affirmative action as 1201
in the judgment of the division carry out the purposes of this 1202
chapter. If the division finds that a developer, bulk assignee, 1203
bulk buyer, association, officer, or member of the board of 1204
administration, or its as signees or agents, is violating or is 1205
about to violate any provision of this chapter, any rule adopted 1206
or order issued by the division, or any written agreement 1207
entered into with the division, and presents an immediate danger 1208
to the public requiring an imm ediate final order, it may issue 1209
an emergency cease and desist order reciting with particularity 1210
the facts underlying such findings. The emergency cease and 1211
desist order is effective for 90 days. If the division begins 1212
nonemergency cease and desist proceed ings, the emergency cease 1213
and desist order remains effective until the conclusion of the 1214
proceedings under ss. 120.569 and 120.57. 1215
3. If a developer, bulk assignee, or bulk buyer fails to 1216
pay any restitution determined by the division to be owed, plus 1217
any accrued interest at the highest rate permitted by law, 1218
within 30 days after expiration of any appellate time period of 1219
a final order requiring payment of restitution or the conclusion 1220
of any appeal thereof, whichever is later, the division must 1221
bring an action in circuit or county court on behalf of any 1222
association, class of unit owners, lessees, or purchasers for 1223
restitution, declaratory relief, injunctive relief, or any other 1224
available remedy. The division may also temporarily revoke its 1225
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 50 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
acceptance of the filing for the developer to which the 1226
restitution relates until payment of restitution is made. 1227
4. The division may petition the court for appointment of 1228
a receiver or conservator. If appointed, the receiver or 1229
conservator may take action to implement the court order to 1230
ensure the performance of the order and to remedy any breach 1231
thereof. In addition to all other means provided by law for the 1232
enforcement of an injunction or temporary restraining order, the 1233
circuit court may impound or sequester the pro perty of a party 1234
defendant, including books, papers, documents, and related 1235
records, and allow the examination and use of the property by 1236
the division and a court -appointed receiver or conservator. 1237
5. The division may apply to the circuit court for an 1238
order of restitution whereby the defendant in an action brought 1239
under subparagraph 4. is ordered to make restitution of those 1240
sums shown by the division to have been obtained by the 1241
defendant in violation of this chapter. At the option of the 1242
court, such restitution is payable to the conservator or 1243
receiver appointed under subparagraph 4. or directly to the 1244
persons whose funds or assets were obtained in violation of this 1245
chapter. 1246
6. The division may impose a civil penalty against a 1247
developer, bulk assignee, or bulk buyer, or association, or its 1248
assignee or agent, for any violation of this chapter or related 1249
rule. The division may impose a civil penalty individually 1250
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 51 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
against an officer or board member who willfully and knowingly 1251
violates this chapter, an adopt ed rule, or a final order of the 1252
division; may order the removal of such individual as an officer 1253
or from the board of administration or as an officer of the 1254
association; and may prohibit such individual from serving as an 1255
officer or on the board of a comm unity association for a period 1256
of time. The term "willfully and knowingly" means that the 1257
division informed the officer or board member that his or her 1258
action or intended action violates this chapter, a rule adopted 1259
under this chapter, or a final order of the division and that 1260
the officer or board member refused to comply with the 1261
requirements of this chapter, a rule adopted under this chapter, 1262
or a final order of the division. The division, before 1263
initiating formal agency action under chapter 120, must aff ord 1264
the officer or board member an opportunity to voluntarily 1265
comply, and an officer or board member who complies within 10 1266
days is not subject to a civil penalty. A penalty may be imposed 1267
on the basis of each day of continuing violation, but the 1268
penalty for any offense may not exceed $5,000. The division 1269
shall adopt, by rule, penalty guidelines applicable to possible 1270
violations or to categories of violations of this chapter or 1271
rules adopted by the division. The guidelines must specify a 1272
meaningful range of civil penalties for each such violation of 1273
the statute and rules and must be based upon the harm caused by 1274
the violation, the repetition of the violation, and upon such 1275
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 52 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other factors deemed relevant by the division. For example, the 1276
division may consider whether the violations were committed by a 1277
developer, bulk assignee, or bulk buyer, or owner -controlled 1278
association, the size of the association, and other factors. The 1279
guidelines must designate the possible mitigating or aggravating 1280
circumstances that jus tify a departure from the range of 1281
penalties provided by the rules. It is the legislative intent 1282
that minor violations be distinguished from those which endanger 1283
the health, safety, or welfare of the condominium residents or 1284
other persons and that such gui delines provide reasonable and 1285
meaningful notice to the public of likely penalties that may be 1286
imposed for proscribed conduct. This subsection does not limit 1287
the ability of the division to informally dispose of 1288
administrative actions or complaints by stipu lation, agreed 1289
settlement, or consent order. All amounts collected shall be 1290
deposited with the Chief Financial Officer to the credit of the 1291
Division of Florida Condominiums, Timeshares, and Mobile Homes 1292
Trust Fund. If a developer, bulk assignee, or bulk bu yer fails 1293
to pay the civil penalty and the amount deemed to be owed to the 1294
association, the division shall issue an order directing that 1295
such developer, bulk assignee, or bulk buyer cease and desist 1296
from further operation until such time as the civil penal ty is 1297
paid or may pursue enforcement of the penalty in a court of 1298
competent jurisdiction. If an association fails to pay the civil 1299
penalty, the division shall pursue enforcement in a court of 1300
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 53 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
competent jurisdiction, and the order imposing the civil penalty 1301
or the cease and desist order is not effective until 20 days 1302
after the date of such order. Any action commenced by the 1303
division shall be brought in the county in which the division 1304
has its executive offices or in the county where the violation 1305
occurred. 1306
7. If a unit owner presents the division with proof that 1307
the unit owner has requested access to official records in 1308
writing by certified mail, and that after 10 days the unit owner 1309
again made the same request for access to official records in 1310
writing by certified mail, and that more than 10 days has 1311
elapsed since the second request and the association has still 1312
failed or refused to provide access to official records as 1313
required by this chapter, the division shall issue a subpoena 1314
requiring production of th e requested records where the records 1315
are kept pursuant to s. 718.112. 1316
8. In addition to subparagraph 6., the division may seek 1317
the imposition of a civil penalty through the circuit court for 1318
any violation for which the division may issue a notice to sho w 1319
cause under paragraph (r). The civil penalty shall be at least 1320
$500 but no more than $5,000 for each violation. The court may 1321
also award to the prevailing party court costs and reasonable 1322
attorney fees and, if the division prevails, may also award 1323
reasonable costs of investigation. 1324
(e) The division may prepare and disseminate a prospectus 1325
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 54 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and other information to assist prospective owners, purchasers, 1326
lessees, and developers of residential condominiums in assessing 1327
the rights, privileges, and duties per taining thereto. 1328
(f) The division may adopt rules to administer and enforce 1329
this chapter. 1330
(g) The division shall establish procedures for providing 1331
notice to an association and the developer, bulk assignee, or 1332
bulk buyer during the period in which the developer, bulk 1333
assignee, or bulk buyer controls the association if the division 1334
is considering the issuance of a declaratory statement with 1335
respect to the declaration of condominium or any related 1336
document governing such condominium community. 1337
(h) The division shall furnish each association that pays 1338
the fees required by paragraph (2)(a) a copy of this chapter, as 1339
amended, and the rules adopted thereto on an annual basis. 1340
(i) The division shall annually provide each association 1341
with a summary of declar atory statements and formal legal 1342
opinions relating to the operations of condominiums which were 1343
rendered by the division during the previous year. 1344
(j) The division shall provide training and educational 1345
programs for condominium association board members and unit 1346
owners. The training may, in the division's discretion, include 1347
web-based electronic media, and live training and seminars in 1348
various locations throughout the state. The division may review 1349
and approve education and training programs for board me mbers 1350
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 55 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and unit owners offered by providers and shall maintain a 1351
current list of approved programs and providers and make such 1352
list available to board members and unit owners in a reasonable 1353
and cost-effective manner. 1354
(k) The division shall maintain a tol l-free telephone 1355
number accessible to condominium unit owners. 1356
(l) The division shall develop a program to certify both 1357
volunteer and paid mediators to provide mediation of condominium 1358
disputes. The division shall provide, upon request, a list of 1359
such mediators to any association, unit owner, or other 1360
participant in alternative dispute resolution proceedings under 1361
s. 718.1255 requesting a copy of the list. The division shall 1362
include on the list of volunteer mediators only the names of 1363
persons who have rec eived at least 20 hours of training in 1364
mediation techniques or who have mediated at least 20 disputes. 1365
In order to become initially certified by the division, paid 1366
mediators must be certified by the Supreme Court to mediate 1367
court cases in county or circuit courts. However, the division 1368
may adopt, by rule, additional factors for the certification of 1369
paid mediators, which must be related to experience, education, 1370
or background. Any person initially certified as a paid mediator 1371
by the division must, in order t o continue to be certified, 1372
comply with the factors or requirements adopted by rule. 1373
(m) If a complaint is made, the division must conduct its 1374
inquiry with due regard for the interests of the affected 1375
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 56 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
parties. Within 30 days after receipt of a complaint, the 1376
division shall acknowledge the complaint in writing and notify 1377
the complainant whether the complaint is within the jurisdiction 1378
of the division and whether additional information is needed by 1379
the division from the complainant. The division shall condu ct 1380
its investigation and, within 90 days after receipt of the 1381
original complaint or of timely requested additional 1382
information, take action upon the complaint. However, the 1383
failure to complete the investigation within 90 days does not 1384
prevent the division from continuing the investigation, 1385
accepting or considering evidence obtained or received after 90 1386
days, or taking administrative action if reasonable cause exists 1387
to believe that a violation of this chapter or a rule has 1388
occurred. If an investigation is n ot completed within the time 1389
limits established in this paragraph, the division shall, on a 1390
monthly basis, notify the complainant in writing of the status 1391
of the investigation. When reporting its action to the 1392
complainant, the division shall inform the com plainant of any 1393
right to a hearing under ss. 120.569 and 120.57. The division 1394
may adopt rules regarding the submission of a complaint against 1395
an association. 1396
(n) Condominium association directors, officers, and 1397
employees; condominium developers; bulk ass ignees, bulk buyers, 1398
and community association managers; and community association 1399
management firms have an ongoing duty to reasonably cooperate 1400
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 57 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
with the division in any investigation under this section. The 1401
division shall refer to local law enforcement au thorities any 1402
person whom the division believes has altered, destroyed, 1403
concealed, or removed any record, document, or thing required to 1404
be kept or maintained by this chapter with the purpose to impair 1405
its verity or availability in the department's investi gation. 1406
(o) The division may: 1407
1. Contract with agencies in this state or other 1408
jurisdictions to perform investigative functions; or 1409
2. Accept grants-in-aid from any source. 1410
(p) The division shall cooperate with similar agencies in 1411
other jurisdictions to establish uniform filing procedures and 1412
forms, public offering statements, advertising standards, and 1413
rules and common administrative practices. 1414
(q) The division shall consider notice to a developer, 1415
bulk assignee, or bulk buyer to be complete when it is delivered 1416
to the address of the developer, bulk assignee, or bulk buyer 1417
currently on file with the division. 1418
(r) In addition to its enforcement authority, the division 1419
may issue a notice to show cause, which must provide for a 1420
hearing, upon writte n request, in accordance with chapter 120. 1421
(s) The division shall submit to the Governor, the 1422
President of the Senate, the Speaker of the House of 1423
Representatives, and the chairs of the legislative 1424
appropriations committees an annual report that includes , but 1425
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 58 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
need not be limited to, the number of training programs provided 1426
for condominium association board members and unit owners, the 1427
number of complaints received by type, the number and percent of 1428
complaints acknowledged in writing within 30 days and the number 1429
and percent of investigations acted upon within 90 days in 1430
accordance with paragraph (m), and the number of investigations 1431
exceeding the 90-day requirement. The annual report must also 1432
include an evaluation of the division's core business processes 1433
and make recommendations for improvements, including statutory 1434
changes. The report shall be submitted by September 30 following 1435
the end of the fiscal year. 1436
(3)(a) On or before January 1, 2023, condominium 1437
associations existing on or before July 1, 2022, must provide 1438
the following information to the division in writing, by e -mail, 1439
United States Postal Service, commercial delivery service, or 1440
hand delivery, at a physical address or e -mail address provided 1441
by the division and on a form posted on the divisio n's website: 1442
1. The number of buildings on the condominium property 1443
that are three stories or higher in height. 1444
2. The total number of units in all such buildings. 1445
3. The addresses of all such buildings. 1446
4. The counties in which all such buildings are located. 1447
(b) The division must compile a list of the number of 1448
buildings on condominium property that are three stories or 1449
higher in height, which is searchable by county, and must post 1450
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 59 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the list on the division's website. This list must include all 1451
of the following information: 1452
1. The name of each association with buildings on the 1453
condominium property that are three stories or higher in height. 1454
2. The number of such buildings on each association's 1455
property. 1456
3. The addresses of all such buildings. 1457
4. The counties in which all such buildings are located. 1458
(c) An association must provide an update in writing to 1459
the division if there are any changes to the information in the 1460
list under paragraph (b) within 6 months after the change. 1461
Section 12. Paragraphs (b) and (c) of subsection (2) of 1462
section 718.503, Florida Statutes, are redesignated as 1463
paragraphs (c) and (d), respectively, and paragraph (b) of 1464
subsection (1) and paragraph (a) of subsection (2) are amended 1465
to read: 1466
718.503 Developer disclosure before prior to sale; 1467
nondeveloper unit owner disclosure before prior to sale; 1468
voidability.— 1469
(1) DEVELOPER DISCLOSURE. — 1470
(b) Copies of documents to be furnished to prospective 1471
buyer or lessee.—Until such time as the developer has furnish ed 1472
the documents listed below to a person who has entered into a 1473
contract to purchase a residential unit or lease it for more 1474
than 5 years, the contract may be voided by that person, 1475
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 60 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
entitling the person to a refund of any deposit together with 1476
interest thereon as provided in s. 718.202. The contract may be 1477
terminated by written notice from the proposed buyer or lessee 1478
delivered to the developer within 15 days after the buyer or 1479
lessee receives all of the documents required by this section. 1480
The developer may not close for 15 days after following the 1481
execution of the agreement and delivery of the documents to the 1482
buyer as evidenced by a signed receipt for documents unless the 1483
buyer is informed in the 15 -day voidability period and agrees to 1484
close before prior to the expiration of the 15 days. The 1485
developer shall retain in his or her records a separate 1486
agreement signed by the buyer as proof of the buyer's agreement 1487
to close before prior to the expiration of the said voidability 1488
period. Such Said proof must shall be retained for a period of 5 1489
years after the date of the closing of the transaction. The 1490
documents to be delivered to the prospective buyer are the 1491
prospectus or disclosure statement with all exhibits, if the 1492
development is subject to the provisions of s. 718.504, or, if 1493
not, then copies of the following which are applicable: 1494
1. The question and answer sheet described in s. 718.504, 1495
and declaration of condominium, or the proposed declaration if 1496
the declaration has not been recorded, which shall include the 1497
certificate of a surveyor approximately representing the 1498
locations required by s. 718.104. 1499
2. The documents creating the association. 1500
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 61 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. The bylaws. 1501
4. The ground lease or other underlying lease of the 1502
condominium. 1503
5. The management contract, m aintenance contract, and 1504
other contracts for management of the association and operation 1505
of the condominium and facilities used by the unit owners having 1506
a service term in excess of 1 year, and any management contracts 1507
that are renewable. 1508
6. The estimated operating budget for the condominium and 1509
a schedule of expenses for each type of unit, including fees 1510
assessed under pursuant to s. 718.113(1) for the maintenance of 1511
limited common elements where such costs are shared only by 1512
those entitled to use the limited common elements. 1513
7. The lease of recreational and other facilities that 1514
will be used only by unit owners of the subject co ndominium. 1515
8. The lease of recreational and other common facilities 1516
that will be used by unit owners in common with unit owners of 1517
other condominiums. 1518
9. The form of unit lease if the offer is of a leasehold. 1519
10. Any declaration of servitude of prope rties serving the 1520
condominium but not owned by unit owners or leased to them or 1521
the association. 1522
11. If the development is to be built in phases or if the 1523
association is to manage more than one condominium, a 1524
description of the plan of phase development or the arrangements 1525
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 62 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for the association to manage two or more condominiums. 1526
12. If the condominium is a conversion of existing 1527
improvements, the statements and disclosure required by s. 1528
718.616. 1529
13. The form of agreement for sale or lease of units. 1530
14. A copy of the floor plan of the unit and the plot plan 1531
showing the location of the residential buildings and the 1532
recreation and other common areas. 1533
15. A copy of all covenants and restrictions that which 1534
will affect the use of the property and which are not contained 1535
in the foregoing. 1536
16. If the developer is required by state or local 1537
authorities to obtain acceptance or approval of any dock or 1538
marina facilities intended to serve the condominium, a copy of 1539
any such acceptance or approval acquired by t he time of filing 1540
with the division under s. 718.502(1), or a statement that such 1541
acceptance or approval has not been acquired or received. 1542
17. Evidence demonstrating that the developer has an 1543
ownership, leasehold, or contractual interest in the land upo n 1544
which the condominium is to be developed. 1545
18. A copy of the association's most recent structural 1546
integrity reserve study or a statement that the association has 1547
not completed a structural integrity reserve study. 1548
19. If the unit is located in a build ing on the 1549
condominium property that must be recertified under s. 718.132, 1550
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 63 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a copy of the association's most recent written recertification 1551
report or a statement that the association has not completed the 1552
required recertification. 1553
20. If the unit is locat ed in a building on the 1554
condominium property that must have a phase 2 inspection 1555
performed under s. 718.132, a copy of the association's most 1556
recent written phase 2 inspection report or a statement that the 1557
association has not completed the required phase 2 inspection. 1558
(2) NONDEVELOPER DISCLOSURE. — 1559
(a) Each unit owner who is not a developer as defined by 1560
this chapter must shall comply with the provisions of this 1561
subsection before prior to the sale of his or her unit. Each 1562
prospective purchaser who has entered into a contract for the 1563
purchase of a condominium unit is entitled, at the seller's 1564
expense, to a current copy of all of the following: 1565
1. The declaration of condominium ., 1566
2. Articles of incorporation of the association ., 1567
3. Bylaws and rules of the association ., 1568
4. Financial information required by s. 718.111 ., 1569
5. The association's most recent structural integrity 1570
reserve study or a statement that the association has not 1571
completed a structural integrity reserve study. 1572
6. If the unit is located in a building on the condominium 1573
property that must be recertified under s. 718.132, the 1574
association's most recent written recertification report or a 1575
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 64 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
statement that the association has not completed the required 1576
recertification. 1577
7. If the unit is located in a building on the condominium 1578
property that must have a phase 2 inspection performed under s. 1579
718.132, the association's most recent written phase 2 1580
inspection report or a statemen t that the association has not 1581
completed the required phase 2 inspection. and 1582
8. The document entitled "Frequently Asked Questions and 1583
Answers" required by s. 718.504. 1584
(b) On and after January 1, 2009, The prospective 1585
purchaser is shall also be entitled to receive from the seller a 1586
copy of a governance form. Such form shall be provided by the 1587
division summarizing governance of condominium associations. In 1588
addition to such other information as the division considers 1589
helpful to a prospective purchaser in understanding association 1590
governance, the governance form shall address the following 1591
subjects: 1592
1. The role of the board in conducting the day -to-day 1593
affairs of the association on behalf of, and in the best 1594
interests of, the owners. 1595
2. The board's resp onsibility to provide advance notice of 1596
board and membership meetings. 1597
3. The rights of owners to attend and speak at board and 1598
membership meetings. 1599
4. The responsibility of the board and of owners with 1600
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 65 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
respect to maintenance of the condominium propert y. 1601
5. The responsibility of the board and owners to abide by 1602
the condominium documents, this chapter, rules adopted by the 1603
division, and reasonable rules adopted by the board. 1604
6. Owners' rights to inspect and copy association records 1605
and the limitations on such rights. 1606
7. Remedies available to owners with respect to actions by 1607
the board which may be abusive or beyond the board's power and 1608
authority. 1609
8. The right of the board to hire a property management 1610
firm, subject to its own primary responsibili ty for such 1611
management. 1612
9. The responsibility of owners with regard to payment of 1613
regular or special assessments necessary for the operation of 1614
the property and the potential consequences of failure to pay 1615
such assessments. 1616
10. The voting rights of own ers. 1617
11. Rights and obligations of the board in enforcement of 1618
rules in the condominium documents and rules adopted by the 1619
board. 1620
1621
The governance form must shall also include the following 1622
statement in conspicuous type: "This publication is intended as 1623
an informal educational overview of condominium governance. In 1624
the event of a conflict, the provisions of chapter 718, Florida 1625
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 66 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Statutes, rules adopted by the Division of Florida Condominiums, 1626
Timeshares, and Mobile Homes of the Department of Business and 1627
Professional Regulation, the provisions of the condominium 1628
documents, and reasonable rules adopted by the condominium 1629
association's board of administration prevail over the contents 1630
of this publication." 1631
Section 13. Paragraph (f) of subsection (24) of se ction 1632
718.504, Florida Statutes, is amended, and paragraphs (q) and 1633
(r) are added to that subsection, to read: 1634
718.504 Prospectus or offering circular. —Every developer 1635
of a residential condominium which contains more than 20 1636
residential units, or which i s part of a group of residential 1637
condominiums which will be served by property to be used in 1638
common by unit owners of more than 20 residential units, shall 1639
prepare a prospectus or offering circular and file it with the 1640
Division of Florida Condominiums, Tim eshares, and Mobile Homes 1641
prior to entering into an enforceable contract of purchase and 1642
sale of any unit or lease of a unit for more than 5 years and 1643
shall furnish a copy of the prospectus or offering circular to 1644
each buyer. In addition to the prospectus or offering circular, 1645
each buyer shall be furnished a separate page entitled 1646
"Frequently Asked Questions and Answers," which shall be in 1647
accordance with a format approved by the division and a copy of 1648
the financial information required by s. 718.111. This page 1649
shall, in readable language, inform prospective purchasers 1650
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 67 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
regarding their voting rights and unit use restrictions, 1651
including restrictions on the leasing of a unit; shall indicate 1652
whether and in what amount the unit owners or the association is 1653
obligated to pay rent or land use fees for recreational or other 1654
commonly used facilities; shall contain a statement identifying 1655
that amount of assessment which, pursuant to the budget, would 1656
be levied upon each unit type, exclusive of any special 1657
assessments, and which shall further identify the basis upon 1658
which assessments are levied, whether monthly, quarterly, or 1659
otherwise; shall state and identify any court cases in which the 1660
association is currently a party of record in which the 1661
association may face liabil ity in excess of $100,000; and which 1662
shall further state whether membership in a recreational 1663
facilities association is mandatory, and if so, shall identify 1664
the fees currently charged per unit type. The division shall by 1665
rule require such other disclosure as in its judgment will 1666
assist prospective purchasers. The prospectus or offering 1667
circular may include more than one condominium, although not all 1668
such units are being offered for sale as of the date of the 1669
prospectus or offering circular. The prospectus o r offering 1670
circular must contain the following information: 1671
(24) Copies of the following, to the extent they are 1672
applicable, shall be included as exhibits: 1673
(f) The estimated operating budget for the condominium , 1674
and the required schedule of unit owners ' expenses, and the 1675
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 68 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
association's most recent structural integrity reserve study or 1676
a statement that the association has not completed a structural 1677
integrity reserve study . 1678
(q) If the unit is located in a building on the 1679
condominium property that must be recertified under s. 718.132, 1680
the association's most recent written recertification report or 1681
a statement that the association has not completed the required 1682
recertification. 1683
(r) If the unit is located in a building on the 1684
condominium property that must have a phase 2 inspection 1685
performed under s. 718.132, the association's most recent 1686
written phase 2 inspection report or a statement that the 1687
association has not completed the required phase 2 inspection. 1688
Section 14. Subsections (21), (22), and (23) and (24) 1689
through (28) of section 719.103, Florida Statutes, are 1690
renumbered as subsections (22), (23), and (24) and (26) through 1691
(30), respectively, and new subsections (21) and (25) are added 1692
to that section to read: 1693
719.103 Definitions. —As used in this chapter: 1694
(21) "Primary structural member" has the same meaning as 1695
in s. 627.706(2). 1696
(25) "Structural integrity reserve study" means a study of 1697
the reserve funds required for future major repairs and 1698
replacement of the common areas based on a visual ins pection of 1699
the common areas. A structural integrity reserve study may be 1700
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 69 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
performed by any person qualified to perform such study. 1701
However, the visual inspection portion of the structural 1702
integrity reserve study must be performed by an engineer 1703
licensed under chapter 471 or an architect licensed under 1704
chapter 481. At a minimum, a structural integrity reserve study 1705
must identify the common areas being visually inspected, state 1706
the estimated remaining useful life and the estimated 1707
replacement cost or deferred maintenance expense of the common 1708
areas being visually inspected, and provide a recommended annual 1709
reserve amount that achieves the estimated replacement cost or 1710
deferred maintenance expense of each common area being visually 1711
inspected by the end of the es timated remaining useful life of 1712
each common area. 1713
Section 15. Subsection (1) of section 719.1035, Florida 1714
Statutes, is amended to read: 1715
719.1035 Creation of cooperatives. — 1716
(1) The date when cooperative existence shall commence is 1717
upon commencement of corporate existence of the cooperative 1718
association as provided in s. 607.0203. The cooperative 1719
documents must be recorded in the county in which the 1720
cooperative is located before property may be conveyed or 1721
transferred to the cooperative. All persons w ho have any record 1722
interest in any mortgage encumbering the interest in the land 1723
being submitted to cooperative ownership must either join in the 1724
execution of the cooperative documents or execute, with the 1725
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 70 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requirements for deed, and record, a consent to th e cooperative 1726
documents or an agreement subordinating their mortgage interest 1727
to the cooperative documents. Upon creation of a cooperative, 1728
the developer or association shall file the recording 1729
information with the division within 30 working days on a form 1730
prescribed by the division. If the cooperative is subject to s. 1731
719.132 and has at least one building on the cooperative 1732
property that is three stories or higher in height, the 1733
developer or association must also provide information to the 1734
division indicating the number of buildings described in the 1735
recording information located on the cooperative property that 1736
are three stories or higher in height, the total number of units 1737
in all such buildings, and the addresses of all such buildings 1738
within 30 working da ys after creation of the cooperative on a 1739
form prescribed by the division. 1740
Section 16. Paragraph (a) of subsection (2) of section 1741
719.104, Florida Statutes, is amended to read: 1742
719.104 Cooperatives; access to units; records; financial 1743
reports; assessments; purchase of leases. — 1744
(2) OFFICIAL RECORDS. — 1745
(a) From the inception of the association, the association 1746
shall maintain a copy of each of the following, if where 1747
applicable, which shall constitute the official records of the 1748
association: 1749
1. The plans, permits, warranties, and other items 1750
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 71 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
provided by the developer pursuant to s. 719.301(4). 1751
2. A photocopy of the cooperative documents. 1752
3. A copy of the current rules of the association. 1753
4. A book or books containing the minutes of all meetings 1754
of the association, of the board of directors, and of the unit 1755
owners. 1756
5. A current roster of all unit owners and their mailing 1757
addresses, unit identifications, voting certifications, and, if 1758
known, telephone numbers. The association shall also maintain 1759
the e-mail addresses and the numbers designated by unit owners 1760
for receiving notice sent by electronic transmission of those 1761
unit owners consenting to receive notice by electronic 1762
transmission. The e-mail addresses and numbers provided by unit 1763
owners to receive notice by electronic transmission shall be 1764
removed from association records when consent to receive notice 1765
by electronic transmission is revoked. However, the association 1766
is not liable for an erroneous disclosure of the e -mail address 1767
or the number for receiving electronic transmission of notices. 1768
6. All current insurance policies of the association. 1769
7. A current copy of any management agreement, lease, or 1770
other contract to which the association is a party or under 1771
which the association or the un it owners have an obligation or 1772
responsibility. 1773
8. Bills of sale or transfer for all property owned by the 1774
association. 1775
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 72 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
9. Accounting records for the association and separate 1776
accounting records for each unit it operates, according to good 1777
accounting practices. The accounting records shall include, but 1778
not be limited to: 1779
a. Accurate, itemized, and detailed records of all 1780
receipts and expenditures. 1781
b. A current account and a monthly, bimonthly, or 1782
quarterly statement of the account for each unit desig nating the 1783
name of the unit owner, the due date and amount of each 1784
assessment, the amount paid upon the account, and the balance 1785
due. 1786
c. All audits, reviews, accounting statements, structural 1787
integrity reserve studies, and financial reports of the 1788
association. Structural integrity reserve studies must be 1789
maintained for at least 15 years after the study is completed. 1790
d. All contracts for work to be performed. Bids for work 1791
to be performed shall also be considered official records and 1792
shall be maintained for a period of 1 year. 1793
10. Ballots, sign-in sheets, voting proxies, and all other 1794
papers and electronic records relating to voting by unit owners, 1795
which shall be maintained for a period of 1 year after the date 1796
of the election, vote, or meeting to which the document relates. 1797
11. All rental records where the association is acting as 1798
agent for the rental of units. 1799
12. A copy of the current question and answer sheet as 1800
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 73 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
described in s. 719.504. 1801
13. All affirmative acknowledgments made pursuant to s. 1802
719.108(3)(b)3. 1803
14. All written recertification reports and written phase 1804
2 inspection reports as described in s. 719.132, if applicable, 1805
which must be permanently maintained. 1806
15.14. All other written records of the association not 1807
specifically include d in the foregoing which are related to the 1808
operation of the association. 1809
Section 17. Paragraphs (k) through (m) of subsection (1) 1810
of section 719.106, Florida Statutes, are redesignated as 1811
paragraphs (l) through (n), respectively, paragraph (j) of 1812
subsection (1) is amended, and a new paragraph (k) is added to 1813
subsection (1) of that section, to read: 1814
719.106 Bylaws; cooperative ownership. — 1815
(1) MANDATORY PROVISIONS. —The bylaws or other cooperative 1816
documents shall provide for the following, and if they do not, 1817
they shall be deemed to include the following: 1818
(j) Annual budget.— 1819
1. The proposed annual budget of common expenses must 1820
shall be detailed and must shall show the amounts budgeted by 1821
accounts and expense classifications, including, if applicab le, 1822
but not limited to, those expenses listed in s. 719.504(20). The 1823
board of administration shall adopt the annual budget at least 1824
14 days before prior to the start of the association's fiscal 1825
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 74 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
year. In the event that the board fails to timely adopt the 1826
annual budget a second time, it is shall be deemed a minor 1827
violation and the prior year's budget shall continue in effect 1828
until a new budget is adopted. 1829
2. In addition to annual operating expenses, the budget 1830
must shall include reserve accounts for capital expenditures and 1831
deferred maintenance. These accounts must shall include, but not 1832
be limited to, roof replacement, building painting, and pavement 1833
resurfacing, regardless of the amount of deferred maintenance 1834
expense or replacement cost, and for any other items for which 1835
the deferred maintenance expense or replacement cost exceeds 1836
$10,000. The amount to be reserved for an item is determined by 1837
the association's most recent structural integrity reserve 1838
study. If the amount to be reserved for an item is not in the 1839
association's most recent structural integrity reserve study or 1840
the association has not completed a structural integrity reserve 1841
study, the amount must shall be computed by means of a formula 1842
which is based upon estimated remaining useful life and 1843
estimated replacement cost or deferred maintenance expense of 1844
the each reserve item. The association may adjust replacement 1845
reserve assessments annually to take into account any changes in 1846
estimates or extension of the useful life of a reserve item 1847
caused by deferred maintenance. This paragraph shall not apply 1848
to any budget in which The members of a unit-owner controlled an 1849
association may determine have, at a duly called meeting of the 1850
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 75 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
association, determined for a fiscal year to provide no reserves 1851
or reserves less adequate than required by this subsection. 1852
Before turnover of control of an association by a developer to 1853
unit owners other than a developer under s. 719.301, the 1854
developer-controlled association may not vote to waive the 1855
reserves or reduce fundi ng of the reserves. Effective July 1, 1856
2024, a unit-owner controlled association may not determine to 1857
provide no reserves or reserves less adequate than required by 1858
this paragraph for items listed in paragraph (k) However, prior 1859
to turnover of control of an association by a developer to unit 1860
owners other than a developer pursuant to s. 719.301, the 1861
developer may vote to waive the reserves or reduce the funding 1862
of reserves for the first 2 years of the operation of the 1863
association after which time reserves may only be waived or 1864
reduced upon the vote of a majority of all nondeveloper voting 1865
interests voting in person or by limited proxy at a duly called 1866
meeting of the association . If a meeting of the unit owners has 1867
been called to determine to provide no reserve s, or reserves 1868
less adequate than required, and such result is not attained or 1869
a quorum is not attained, the reserves as included in the budget 1870
shall go into effect. 1871
3. Reserve funds and any interest accruing thereon shall 1872
remain in the reserve account o r accounts, and shall be used 1873
only for authorized reserve expenditures unless their use for 1874
other purposes is approved in advance by a vote of the majority 1875
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 76 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the voting interests, voting in person or by limited proxy at 1876
a duly called meeting of the associ ation. Before Prior to 1877
turnover of control of an association by a developer to unit 1878
owners other than the developer under s. 719.301, the developer 1879
may not vote to use reserves for purposes other than that for 1880
which they were intended without the approval of a majority of 1881
all nondeveloper voting interests, voting in person or by 1882
limited proxy at a duly called meeting of the association . 1883
Effective July 1, 2024, members of a unit -owner controlled 1884
association may not vote to use reserve funds, or any interest 1885
accruing thereon, that are reserved for items listed in 1886
paragraph (k) for purposes other than their intended purpose. 1887
(k) Structural integrity reserve study. — 1888
1. An association must have a structural integrity reserve 1889
study completed at least every 10 years for each building on the 1890
cooperative property that is three stories or higher in height 1891
that includes, at a minimum, a study of the following items as 1892
related to the structural integrity and safety of the building: 1893
a. Roof. 1894
b. Load-bearing walls or other primary structural members. 1895
c. Floor. 1896
d. Foundation. 1897
e. Fireproofing and fire protection systems. 1898
f. Plumbing. 1899
g. Electrical systems. 1900
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 77 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
h. Waterproofing and exterior painting. 1901
i. Windows. 1902
j. Any other item that has a deferred mainten ance expense 1903
or replacement cost that exceeds $10,000 and the failure to 1904
replace or maintain such item negatively affects the items 1905
listed in subparagraphs a. -i., as determined by the licensed 1906
engineer or architect performing the visual inspection portion 1907
of the structural integrity reserve study. 1908
2. Before a developer turns over control of an association 1909
to unit owners other than the developer, the developer must have 1910
a structural integrity reserve study completed for each building 1911
on the cooperative pro perty that is three stories or higher in 1912
height. 1913
3. Associations existing on or before July 1, 2022, which 1914
are controlled by unit owners other than the developer, must 1915
have a structural integrity reserve study completed by July 1, 1916
2024, for each building on the cooperative property that is 1917
three stories or higher in height. 1918
4. If an association fails to complete a structural 1919
integrity reserve study pursuant to this paragraph, such failure 1920
is a breach of an officer's and director's fiduciary 1921
relationship to the unit owners under s. 719.104(8). 1922
Section 18. Section 719.132, Florida Statutes, is created 1923
to read: 1924
719.132 Building recertification. — 1925
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 78 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) As used in this section, the term: 1926
(a) "Coastline" has the same meaning as in the Submerged 1927
Lands Act, 43 U.S.C. s. 1301(c). 1928
(b) "Phase 2 inspection" means an inspection that includes 1929
destructive and nondestructive testing at the discretion of the 1930
person performing the inspection and a written report of such 1931
inspection. A phase 2 inspection must be performed by an 1932
engineer licensed under chapter 471 or an architect licensed 1933
under chapter 481. 1934
(c) "Recertification" or "recertify" means a visual 1935
inspection of a building's general structural condition and 1936
general condition of its electrical system, in cluding a written 1937
report of such inspection, performed by an engineer licensed 1938
under chapter 471 or an architect licensed under chapter 481. 1939
(d) "Substantial structural deterioration" means 1940
substantial structural distress that negatively affects a 1941
building's general structural condition and integrity. Surface 1942
imperfections such as cracks, distortion, sagging, deflections, 1943
misalignment, signs of leakage, or peeling of finishes are not 1944
considered substantial structural deterioration unless the 1945
licensed engineer or architect performing the recertification or 1946
phase 2 inspection determines that such surface imperfections 1947
are a sign of substantial structural distress. 1948
(e) "Visual inspection" means a visual examination of the 1949
items listed s. 719.106(1)(k). 1950
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 79 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2)(a) An association must have any building on the 1951
cooperative property that is three stories or higher in height 1952
and that has been occupied for at least 30 years, or 25 years if 1953
the building is within 3 miles of the coastline of the state, 1954
recertified as determined by the local building official. 1955
(b) An association must have any building on the 1956
cooperative property that is required to be recertified under 1957
paragraph (a) recertified at least every 10 years after its 1958
first recertification. 1959
(3) Upon determining that a building on the cooperative 1960
property must be recertified, the local building official must 1961
provide written notice of such required recertification to the 1962
association by certified mail, return receipt requested. 1963
(4)(a) Within 90 days after rec eiving the written notice 1964
under subsection (3), or within 180 days if the association 1965
receives the written notice before July 1, 2023, the association 1966
or the association's manager must provide the written 1967
recertification report by e -mail, United States Pos tal Service, 1968
or commercial delivery service to the local building official 1969
and state the date on which the association received such report 1970
from the licensed engineer or architect who performed the 1971
recertification. 1972
(b) Within 14 days after receiving the written 1973
recertification report from the licensed engineer or architect 1974
who performed the recertification, the association must provide 1975
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 80 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the written recertification report by e -mail, United States 1976
Postal Service, or commercial delivery service to each unit 1977
owner. 1978
(5) Upon completing a recertification, the licensed 1979
engineer or architect who performed the recertification must 1980
provide a written recertification report by e -mail, United 1981
States Postal Service, or commercial delivery service to the 1982
association. The written recertification report must, at a 1983
minimum: 1984
(a) Bear the seal and signature, or the electronic 1985
signature, of the licensed engineer or architect who performed 1986
the inspection. 1987
(b) Indicate the manner and type of inspection forming the 1988
basis for the written recertification report and a description 1989
of any items identified as requiring further inspection or 1990
remedial action. 1991
(c) Indicate whether there is damage to the items listed 1992
in s. 719.106(1)(k), within a reasonable professional 1993
probability based on the scope of the inspection, and list any 1994
recommended repairs for such damage. 1995
(d) Indicate whether there is substantial structural 1996
deterioration within a reasonable professional probability based 1997
on the scope of the inspection. 1998
(e) State whether unsafe or dangerous conditions, as those 1999
terms are defined in the Florida Building Code, were observed. 2000
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 81 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(6)(a) If a written recertification report indicates that 2001
there is substantial structural deterioration, within a 2002
reasonable professional probabilit y based on the scope of the 2003
inspection, the local building official must provide written 2004
notice to the association by certified mail, return receipt 2005
requested, that the association must have a phase 2 inspection 2006
performed. 2007
(b) Within 60 days after receiv ing the written notice 2008
under paragraph (a), the association must provide written notice 2009
to the local building official by e -mail, United States Postal 2010
Service, or commercial delivery service that includes the start 2011
date of the phase 2 inspection and the na me and contact 2012
information of the licensed engineer or architect who will 2013
perform the phase 2 inspection. 2014
(c) The written phase 2 inspection report must, at a 2015
minimum: 2016
1. Bear the seal and signature, or the electronic 2017
signature, of the licensed enginee r or architect who performed 2018
the inspection. 2019
2. Indicate the manner and type of inspection forming the 2020
basis for the written report. 2021
3. State whether there is substantial structural 2022
deterioration, within a reasonable professional probability 2023
based on the scope of the inspection, and the extent of such 2024
deterioration and list any recommended repairs for such 2025
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 82 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
deterioration. 2026
4. State whether unsafe or dangerous conditions, as those 2027
terms are defined in the Florida Building Code, were observed. 2028
(d) The licensed engineer or architect performing the 2029
phase 2 inspection must provide the written phase 2 inspection 2030
report by e-mail, United States Postal Service, or commercial 2031
delivery service to the local building official and the 2032
association upon completion. 2033
(e) Within 14 days after receiving the written phase 2 2034
inspection report from the licensed engineer or architect who 2035
performed the phase 2 inspection, the association must provide 2036
the written phase 2 inspection report by e -mail, United States 2037
Postal Service, or commercial delivery service to each unit 2038
owner. 2039
(7)(a) A local building official may prescribe penalties, 2040
which must be posted on the building department's website, for 2041
failure to comply with this section. 2042
(b) If an association fails to schedul e or begin repairs 2043
that are identified in the written phase 2 inspection report 2044
within a time period to be determined by the county 2045
commissioners of the county where the building is located, which 2046
time period may not exceed 365 days after the local buildin g 2047
official receives the written phase 2 inspection report, the 2048
local building official must determine that the building is 2049
unsafe for human occupancy until such repairs are scheduled or 2050
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 83 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
begin. 2051
(8) If an association fails to complete a recertification 2052
or phase 2 inspection pursuant to this section, such failure is 2053
a breach of an officer's and director's fiduciary relationship 2054
to the unit owners under s. 719.104(8). 2055
Section 19. Paragraphs (p), (q), and (r) are added to 2056
subsection (4) of section 719.301, Florida Statutes, to read: 2057
719.301 Transfer of association control. — 2058
(4) When unit owners other than the developer elect a 2059
majority of the members of the board of administration of an 2060
association, the developer shall relinquish control of the 2061
association, and the unit owners shall accept control. 2062
Simultaneously, or for the purpose of paragraph (c) not more 2063
than 90 days thereafter, the developer shall deliver to the 2064
association, at the developer's expense, all property of the 2065
unit owners and of the association held or controlled by the 2066
developer, including, but not limited to, the following items, 2067
if applicable, as to each cooperative operated by the 2068
association: 2069
(p) A copy of the association's most recent structural 2070
integrity reserve study. 2071
(q) If a building on the cooperative property must be 2072
recertified under s. 719.132, a copy of the association's most 2073
recent written recertification report or a statement that the 2074
association has not completed the required recertification. 2075
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 84 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(r) If a building on the cooperative property must have a 2076
phase 2 inspection performed under s. 719.132, a copy of the 2077
association's most recent written phase 2 inspection report or a 2078
statement that the association has not completed the required 2079
phase 2 inspection. 2080
Section 20. Subsection (1) of section 719.501, Florida 2081
Statutes, is amended, and subsection (3) is added to that 2082
section, to read: 2083
719.501 Powers and duties of Division of Florida 2084
Condominiums, Timeshares, and Mobile Homes. — 2085
(1) The Division of Florida Condominiums, Timeshares, and 2086
Mobile Homes of the Department of Business and Professional 2087
Regulation, referred to as the "division" in this part, in 2088
addition to other powers and duties prescribed by chapter 718, 2089
has the power to enforce and ensure complian ce with this chapter 2090
and adopted rules relating to the development, construction, 2091
sale, lease, ownership, operation, and management of residential 2092
cooperative units, and complaints related to the procedural 2093
completion of the structural integrity reserve st udies under s. 2094
719.106(1)(k) and recertifications and phase 2 inspections under 2095
s. 719.132. In performing its duties, the division shall have 2096
the following powers and duties: 2097
(a) The division may make necessary public or private 2098
investigations within or outside this state to determine whether 2099
any person has violated this chapter or any rule or order 2100
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 85 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
hereunder, to aid in the enforcement of this chapter, or to aid 2101
in the adoption of rules or forms hereunder. 2102
(b) The division may require or permit any pers on to file 2103
a statement in writing, under oath or otherwise, as the division 2104
determines, as to the facts and circumstances concerning a 2105
matter to be investigated. 2106
(c) For the purpose of any investigation under this 2107
chapter, the division director or any of ficer or employee 2108
designated by the division director may administer oaths or 2109
affirmations, subpoena witnesses and compel their attendance, 2110
take evidence, and require the production of any matter which is 2111
relevant to the investigation, including the existe nce, 2112
description, nature, custody, condition, and location of any 2113
books, documents, or other tangible things and the identity and 2114
location of persons having knowledge of relevant facts or any 2115
other matter reasonably calculated to lead to the discovery of 2116
material evidence. Upon failure by a person to obey a subpoena 2117
or to answer questions propounded by the investigating officer 2118
and upon reasonable notice to all persons affected thereby, the 2119
division may apply to the circuit court for an order compelling 2120
compliance. 2121
(d) Notwithstanding any remedies available to unit owners 2122
and associations, if the division has reasonable cause to 2123
believe that a violation of any provision of this chapter or 2124
related rule has occurred, the division may institute 2125
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 86 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
enforcement proceedings in its own name against a developer, 2126
association, officer, or member of the board, or its assignees 2127
or agents, as follows: 2128
1. The division may permit a person whose conduct or 2129
actions may be under investigation to waive formal proceedings 2130
and enter into a consent proceeding whereby orders, rules, or 2131
letters of censure or warning, whether formal or informal, may 2132
be entered against the person. 2133
2. The division may issue an order requiring the 2134
developer, association, officer, or member of the boar d, or its 2135
assignees or agents, to cease and desist from the unlawful 2136
practice and take such affirmative action as in the judgment of 2137
the division will carry out the purposes of this chapter. Such 2138
affirmative action may include, but is not limited to, an or der 2139
requiring a developer to pay moneys determined to be owed to a 2140
condominium association. 2141
3. The division may bring an action in circuit court on 2142
behalf of a class of unit owners, lessees, or purchasers for 2143
declaratory relief, injunctive relief, or res titution. 2144
4. The division may impose a civil penalty against a 2145
developer or association, or its assignees or agents, for any 2146
violation of this chapter or related rule. The division may 2147
impose a civil penalty individually against any officer or board 2148
member who willfully and knowingly violates a provision of this 2149
chapter, a rule adopted pursuant to this chapter, or a final 2150
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 87 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
order of the division. The term "willfully and knowingly" means 2151
that the division informed the officer or board member that his 2152
or her action or intended action violates this chapter, a rule 2153
adopted under this chapter, or a final order of the division, 2154
and that the officer or board member refused to comply with the 2155
requirements of this chapter, a rule adopted under this chapter, 2156
or a final order of the division. The division, before prior to 2157
initiating formal agency action under chapter 120, shall afford 2158
the officer or board member an opportunity to voluntarily comply 2159
with this chapter, a rule adopted under this chapter, or a final 2160
order of the division. An officer or board member who complies 2161
within 10 days is not subject to a civil penalty. A penalty may 2162
be imposed on the basis of each day of continuing violation, but 2163
in no event shall the penalty for any offense exceed $5,000. By 2164
January 1, 1998, the division shall adopt, by rule, penalty 2165
guidelines applicable to possible violations or to categories of 2166
violations of this chapter or rules adopted by the division. The 2167
guidelines must specify a meaningful range of civil penalties 2168
for each such violation of the statute and rules and must be 2169
based upon the harm caused by the violation, the repetition of 2170
the violation, and upon such other factors deemed relevant by 2171
the division. For example, the division may consider whether the 2172
violations were committed by a developer or owner -controlled 2173
association, the size of the association, and other factors. The 2174
guidelines must designate the possible mitigating or aggravating 2175
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 88 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
circumstances that justify a departure from the range of 2176
penalties provided by th e rules. It is the legislative intent 2177
that minor violations be distinguished from those which endanger 2178
the health, safety, or welfare of the cooperative residents or 2179
other persons and that such guidelines provide reasonable and 2180
meaningful notice to the pub lic of likely penalties that may be 2181
imposed for proscribed conduct. This subsection does not limit 2182
the ability of the division to informally dispose of 2183
administrative actions or complaints by stipulation, agreed 2184
settlement, or consent order. All amounts co llected shall be 2185
deposited with the Chief Financial Officer to the credit of the 2186
Division of Florida Condominiums, Timeshares, and Mobile Homes 2187
Trust Fund. If a developer fails to pay the civil penalty, the 2188
division shall thereupon issue an order directing that such 2189
developer cease and desist from further operation until such 2190
time as the civil penalty is paid or may pursue enforcement of 2191
the penalty in a court of competent jurisdiction. If an 2192
association fails to pay the civil penalty, the division shall 2193
thereupon pursue enforcement in a court of competent 2194
jurisdiction, and the order imposing the civil penalty or the 2195
cease and desist order shall not become effective until 20 days 2196
after the date of such order. Any action commenced by the 2197
division shall be bro ught in the county in which the division 2198
has its executive offices or in the county where the violation 2199
occurred. 2200
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 89 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(e) The division may prepare and disseminate a prospectus 2201
and other information to assist prospective owners, purchasers, 2202
lessees, and developers of residential cooperatives in assessing 2203
the rights, privileges, and duties pertaining thereto. 2204
(f) The division has authority to adopt rules pursuant to 2205
ss. 120.536(1) and 120.54 to implement and enforce the 2206
provisions of this chapter. 2207
(g) The division shall establish procedures for providing 2208
notice to an association when the division is considering the 2209
issuance of a declaratory statement with respect to the 2210
cooperative documents governing such cooperative community. 2211
(h) The division shall furn ish each association which pays 2212
the fees required by paragraph (2)(a) a copy of this act, 2213
subsequent changes to this act on an annual basis, an amended 2214
version of this act as it becomes available from the Secretary 2215
of State's office on a biennial basis, an d the rules adopted 2216
thereto on an annual basis. 2217
(i) The division shall annually provide each association 2218
with a summary of declaratory statements and formal legal 2219
opinions relating to the operations of cooperatives which were 2220
rendered by the division dur ing the previous year. 2221
(j) The division shall adopt uniform accounting 2222
principles, policies, and standards to be used by all 2223
associations in the preparation and presentation of all 2224
financial statements required by this chapter. The principles, 2225
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 90 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
policies, and standards shall take into consideration the size 2226
of the association and the total revenue collected by the 2227
association. 2228
(k) The division shall provide training and educational 2229
programs for cooperative association board members and unit 2230
owners. The training may, in the division's discretion, include 2231
web-based electronic media, and live training and seminars in 2232
various locations throughout the state. The division may review 2233
and approve education and training programs for board members 2234
and unit owners offered by providers and shall maintain a 2235
current list of approved programs and providers and make such 2236
list available to board members and unit owners in a reasonable 2237
and cost-effective manner. 2238
(l) The division shall maintain a toll -free telephone 2239
number accessible to cooperative unit owners. 2240
(m) When a complaint is made to the division, the division 2241
shall conduct its inquiry with reasonable dispatch and with due 2242
regard to the interests of the affected parties. Within 30 days 2243
after receipt of a complaint , the division shall acknowledge the 2244
complaint in writing and notify the complainant whether the 2245
complaint is within the jurisdiction of the division and whether 2246
additional information is needed by the division from the 2247
complainant. The division shall cond uct its investigation and 2248
shall, within 90 days after receipt of the original complaint or 2249
timely requested additional information, take action upon the 2250
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 91 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
complaint. However, the failure to complete the investigation 2251
within 90 days does not prevent the divis ion from continuing the 2252
investigation, accepting or considering evidence obtained or 2253
received after 90 days, or taking administrative action if 2254
reasonable cause exists to believe that a violation of this 2255
chapter or a rule of the division has occurred. If a n 2256
investigation is not completed within the time limits 2257
established in this paragraph, the division shall, on a monthly 2258
basis, notify the complainant in writing of the status of the 2259
investigation. When reporting its action to the complainant, the 2260
division shall inform the complainant of any right to a hearing 2261
pursuant to ss. 120.569 and 120.57. 2262
(n) The division shall develop a program to certify both 2263
volunteer and paid mediators to provide mediation of cooperative 2264
disputes. The division shall provide, upo n request, a list of 2265
such mediators to any association, unit owner, or other 2266
participant in arbitration proceedings under s. 718.1255 2267
requesting a copy of the list. The division shall include on the 2268
list of voluntary mediators only persons who have receive d at 2269
least 20 hours of training in mediation techniques or have 2270
mediated at least 20 disputes. In order to become initially 2271
certified by the division, paid mediators must be certified by 2272
the Supreme Court to mediate court cases in county or circuit 2273
courts. However, the division may adopt, by rule, additional 2274
factors for the certification of paid mediators, which factors 2275
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 92 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
must be related to experience, education, or background. Any 2276
person initially certified as a paid mediator by the division 2277
must, in order to continue to be certified, comply with the 2278
factors or requirements imposed by rules adopted by the 2279
division. 2280
(3)(a) On or before January 1, 2023, cooperative 2281
associations existing on or before July 1, 2022, must provide 2282
the following information to the division in writing, by e -mail, 2283
United States Postal Service, commercial delivery service, or 2284
hand delivery, at a physical address or e -mail address provided 2285
by the division and on a form posted on the division's website: 2286
1. The number of buildings on th e cooperative property 2287
that are three stories or higher in height. 2288
2. The total number of units in all such buildings. 2289
3. The addresses of all such buildings. 2290
4. The counties in which all such buildings are located. 2291
(b) The division must compile a list of the number of 2292
buildings on cooperative property that are three stories or 2293
higher in height, which is searchable by county, and must post 2294
the list on the division's website. This list must include all 2295
of the following information: 2296
1. The name of each association with buildings on the 2297
cooperative property that are three stories or higher in height. 2298
2. The number of such buildings on each association's 2299
property. 2300
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 93 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. The addresses of all such buildings. 2301
4. The counties in which all such buildings are located. 2302
(c) An association must provide an update in writing to 2303
the division if there are any changes to the information in the 2304
list under paragraph (b) within 6 months after the change. 2305
Section 21. Paragraph (b) of subsection (1) and paragraph 2306
(a) of subsection (2) of section 719.503, Florida Statutes, are 2307
amended to read: 2308
719.503 Disclosure before prior to sale.— 2309
(1) DEVELOPER DISCLOSURE. — 2310
(b) Copies of documents to be furnished to prospective 2311
buyer or lessee.—Until such time as the deve loper has furnished 2312
the documents listed below to a person who has entered into a 2313
contract to purchase a unit or lease it for more than 5 years, 2314
the contract may be voided by that person, entitling the person 2315
to a refund of any deposit together with intere st thereon as 2316
provided in s. 719.202. The contract may be terminated by 2317
written notice from the proposed buyer or lessee delivered to 2318
the developer within 15 days after the buyer or lessee receives 2319
all of the documents required by this section. The develop er may 2320
shall not close for 15 days after following the execution of the 2321
agreement and delivery of the documents to the buyer as 2322
evidenced by a receipt for documents signed by the buyer unless 2323
the buyer is informed in the 15 -day voidability period and 2324
agrees to close before prior to the expiration of the 15 days. 2325
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 94 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
The developer must shall retain in his or her records a separate 2326
signed agreement as proof of the buyer's agreement to close 2327
before prior to the expiration of the said voidability period. 2328
Such Said proof must shall be retained for a period of 5 years 2329
after the date of the closing transaction. The documents to be 2330
delivered to the prospective buyer are the prospectus or 2331
disclosure statement with all exhibits, if the development is 2332
subject to the provisions of s. 719.504, or, if not, then copies 2333
of the following which are applicable: 2334
1. The question and answer sheet described in s. 719.504, 2335
and cooperative documents, or the proposed cooperative documents 2336
if the documents have not been recorded, w hich must shall 2337
include the certificate of a surveyor approximately representing 2338
the locations required by s. 719.104. 2339
2. The documents creating the association. 2340
3. The bylaws. 2341
4. The ground lease or other underlying lease of the 2342
cooperative. 2343
5. The management contract, maintenance contract, and 2344
other contracts for management of the association and operation 2345
of the cooperative and facilities used by the unit owners having 2346
a service term in excess of 1 year, and any management contracts 2347
that are renewable. 2348
6. The estimated operating budget for the cooperative and 2349
a schedule of expenses for each type of unit, including fees 2350
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 95 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
assessed to a shareholder who has exclusive use of limited 2351
common areas, where such costs are shared only by those entitled 2352
to use such limited common areas. 2353
7. The lease of recreational and other facilities that 2354
will be used only by unit owners of the subject cooperative. 2355
8. The lease of recreational and other common areas that 2356
will be used by unit owners in common with unit o wners of other 2357
cooperatives. 2358
9. The form of unit lease if the offer is of a leasehold. 2359
10. Any declaration of servitude of properties serving the 2360
cooperative but not owned by unit owners or leased to them or 2361
the association. 2362
11. If the development is to be built in phases or if the 2363
association is to manage more than one cooperative, a 2364
description of the plan of phase development or the arrangements 2365
for the association to manage two or more cooperatives. 2366
12. If the cooperative is a conversion of exis ting 2367
improvements, the statements and disclosure required by s. 2368
719.616. 2369
13. The form of agreement for sale or lease of units. 2370
14. A copy of the floor plan of the unit and the plot plan 2371
showing the location of the residential buildings and the 2372
recreation and other common areas. 2373
15. A copy of all covenants and restrictions that which 2374
will affect the use of the property and which are not contained 2375
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 96 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
in the foregoing. 2376
16. If the developer is required by state or local 2377
authorities to obtain acceptance or approval of any dock or 2378
marina facilities intended to serve the cooperative, a copy of 2379
any such acceptance or approval acquired by the time of filing 2380
with the division under pursuant to s. 719.502(1) or a statement 2381
that such acceptance or approval has not been acquired or 2382
received. 2383
17. Evidence demonstrating that the developer has an 2384
ownership, leasehold, or contractual interest in the land upon 2385
which the cooperative is to be developed. 2386
18. A copy of the association's most recent structural 2387
integrity reserve study or a statement that the association has 2388
not completed a structural integrity reserve study. 2389
19. If the unit is located in a building on the 2390
cooperative property that must be recertified under s. 719.132, 2391
a copy of the association's most recent written recertification 2392
report or a statement that the association has not completed the 2393
required recertification. 2394
20. If the unit is located in a building on the 2395
cooperative property that must have a phase 2 inspection 2396
performed under s. 719.132, a copy of the association's most 2397
recent written phase 2 inspection report or a statement that the 2398
association has not completed the required phase 2 inspection. 2399
(2) NONDEVELOPER DISCLOSURE. — 2400
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 97 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) Each unit owner who is not a developer as defined by 2401
this chapter must comply with the provisions of this subsection 2402
before prior to the sale of his or her interest in the 2403
association. Each prospective purchaser who has entered into a 2404
contract for the purchase of an interest in a cooperative is 2405
entitled, at the seller's expense, to a current copy of the 2406
articles of incorporation of the association, the bylaws, and 2407
rules of the association, as well as a copy of the question and 2408
answer sheet as provided in s. 719.504 , a copy of the 2409
association's most recent struct ural integrity reserve study or 2410
a statement that the association has not completed a structural 2411
integrity reserve study, and, if applicable, a copy of the 2412
association's most recent written recertification report or most 2413
recent written phase 2 inspection re port or a statement that the 2414
association has not completed the required recertification or 2415
required phase 2 inspection . 2416
Section 22. Paragraphs (q), (r), and (s) are added to 2417
subsection (23) of section 719.504, Florida Statutes, to read: 2418
719.504 Prospectus or offering circular. —Every developer 2419
of a residential cooperative which contains more than 20 2420
residential units, or which is part of a group of residential 2421
cooperatives which will be served by property to be used in 2422
common by unit owners of more tha n 20 residential units, shall 2423
prepare a prospectus or offering circular and file it with the 2424
Division of Florida Condominiums, Timeshares, and Mobile Homes 2425
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 98 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prior to entering into an enforceable contract of purchase and 2426
sale of any unit or lease of a unit f or more than 5 years and 2427
shall furnish a copy of the prospectus or offering circular to 2428
each buyer. In addition to the prospectus or offering circular, 2429
each buyer shall be furnished a separate page entitled 2430
"Frequently Asked Questions and Answers," which m ust be in 2431
accordance with a format approved by the division. This page 2432
must, in readable language: inform prospective purchasers 2433
regarding their voting rights and unit use restrictions, 2434
including restrictions on the leasing of a unit; indicate 2435
whether and in what amount the unit owners or the association is 2436
obligated to pay rent or land use fees for recreational or other 2437
commonly used facilities; contain a statement identifying that 2438
amount of assessment which, pursuant to the budget, would be 2439
levied upon each unit type, exclusive of any special 2440
assessments, and which identifies the basis upon which 2441
assessments are levied, whether monthly, quarterly, or 2442
otherwise; state and identify any court cases in which the 2443
association is currently a party of record in wh ich the 2444
association may face liability in excess of $100,000; and state 2445
whether membership in a recreational facilities association is 2446
mandatory and, if so, identify the fees currently charged per 2447
unit type. The division shall by rule require such other 2448
disclosure as in its judgment will assist prospective 2449
purchasers. The prospectus or offering circular may include more 2450
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 99 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
than one cooperative, although not all such units are being 2451
offered for sale as of the date of the prospectus or offering 2452
circular. The prospectus or offering circular must contain the 2453
following information: 2454
(23) Copies of the following, to the extent they are 2455
applicable, shall be included as exhibits: 2456
(q) The association's most recent structural integrity 2457
reserve study or a statement tha t the association has not 2458
completed a structural integrity reserve study. 2459
(r) If the unit is located in a building on the 2460
cooperative property that must be recertified under s. 719.132, 2461
the association's most recent written recertification report or 2462
a statement that the association has not completed the required 2463
recertification. 2464
(s) If the unit is located in a building on the 2465
cooperative property that must have a phase 2 inspection 2466
performed under s. 719.132, the association's most recent 2467
written phase 2 inspection report or a statement that the 2468
association has not completed the required phase 2 inspection. 2469
Section 23. Paragraphs (d) and (k) of subsection (10) of 2470
section 720.303, Florida Statutes, are amended to read: 2471
720.303 Association powers and duties; meetings of board; 2472
official records; budgets; financial reporting; association 2473
funds; recalls.— 2474
(10) RECALL OF DIRECTORS. — 2475
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 100 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) If the board determines not to certify the written 2476
agreement or written ballots to recall a director or directors 2477
of the board or does not certify the recall by a vote at a 2478
meeting, the board shall, within 5 full business days after the 2479
meeting, file an action with a court of competent jurisdiction 2480
or file with the department a petition for binding arbitration 2481
under the applicable procedures in ss. 718.112(2)(k) ss. 2482
718.112(2)(j) and 718.1255 and the rules adopted thereunder. For 2483
the purposes of this section, the members who voted at the 2484
meeting or who executed the agreement in writing shall 2485
constitute one party under th e petition for arbitration or in a 2486
court action. If the arbitrator or court certifies the recall as 2487
to any director or directors of the board, the recall will be 2488
effective upon the final order of the court or the mailing of 2489
the final order of arbitration t o the association. The director 2490
or directors so recalled shall deliver to the board any and all 2491
records of the association in their possession within 5 full 2492
business days after the effective date of the recall. 2493
(k) A board member who has been recalled ma y file an 2494
action with a court of competent jurisdiction or a petition 2495
under ss. 718.112(2)(k) ss. 718.112(2)(j) and 718.1255 and the 2496
rules adopted challenging the validity of the recall. The 2497
petition or action must be filed within 60 days after the recall 2498
is deemed certified. The association and the parcel owner 2499
representative shall be named as respondents. 2500
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 101 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 24. Subsection (1) of section 720.311, Florida 2501
Statutes, is amended to read: 2502
720.311 Dispute resolution. — 2503
(1) The Legislature finds that alternative dispute 2504
resolution has made progress in reducing court dockets and 2505
trials and in offering a more efficient, cost -effective option 2506
to litigation. The filing of any petition for arbitration or the 2507
serving of a demand for presuit mediation as pro vided for in 2508
this section shall toll the applicable statute of limitations. 2509
Any recall dispute filed with the department under s. 2510
720.303(10) shall be conducted by the department in accordance 2511
with the provisions of ss. 718.112(2)(k) ss. 718.112(2)(j) and 2512
718.1255 and the rules adopted by the division. In addition, the 2513
department shall conduct binding arbitration of election 2514
disputes between a member and an association in accordance with 2515
s. 718.1255 and rules adopted by the division. Election disputes 2516
and recall disputes are not eligible for presuit mediation; 2517
these disputes must be arbitrated by the department or filed in 2518
a court of competent jurisdiction. At the conclusion of an 2519
arbitration proceeding, the department shall charge the parties 2520
a fee in an amount adequate to cover all costs and expenses 2521
incurred by the department in conducting the proceeding. 2522
Initially, the petitioner shall remit a filing fee of at least 2523
$200 to the department. The fees paid to the department shall 2524
become a recoverable cost in the arbitration proceeding, and the 2525
CS/HB 7069, Engrossed 1 2022
CODING: Words stricken are deletions; words underlined are additions.
hb7069-02-e1
Page 102 of 102
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prevailing party in an arbitration proceeding shall recover its 2526
reasonable costs and attorney fees in an amount found reasonable 2527
by the arbitrator. The department shall adopt rules to 2528
effectuate the purposes of this sec tion. 2529
Section 25. Subsection (6) of section 721.15, Florida 2530
Statutes, is amended to read: 2531
721.15 Assessments for common expenses. — 2532
(6) Notwithstanding any contrary requirements of s. 2533
718.112(2)(h) s. 718.112(2)(g) or s. 719.106(1)(g), for 2534
timeshare plans subject to this chapter, assessments against 2535
purchasers need not be made more frequently than annually. 2536
Section 26. For the 2022-2023 fiscal year, the sums of 2537
$333,380 in recurring funds and $167,564 in nonrecurring funds 2538
are appropriated from t he Division of Florida Condominiums, 2539
Timeshares, and Mobile Homes Trust Fund to the Department of 2540
Business and Professional Regulation, and four full -time 2541
equivalent positions with associated salary rate of 197,500 are 2542
authorized, for the purpose of implem enting the provisions 2543
related to this act. 2544
Section 27. This act shall take effect July 1, 2022. 2545