HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 1 of 11
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 hurricane protection for 2
condominium associations; amending s. 718.103, F.S.; 3
defining the term "hurricane protection"; amending s. 4
718.104, F.S.; requiring declarations of certain 5
condominiums to specify the entity responsible for the 6
installation, maintenance, repair, or replacement of 7
hurricane protection; amending s. 718.113, F.S.; 8
providing applicability; authorizing, rather than 9
requiring, certain hurricane protection 10
specifications; specifying that certain actions are 11
not material alterations or substantial additions; 12
authorizing the boards of residential and mixed -use 13
condominiums to install or require the unit owners to 14
install hurricane protection; requiring a vote of the 15
unit owners for the installation of hurricane 16
protection; requiring that such vote be attested to in 17
a certificate and recorded in certain public records; 18
providing requirements for such certificate; providing 19
that the validity or enforceability of a vote of the 20
unit owners is not affected if the board fails to 21
record a certificate or send a copy of the recorded 22
certificate to the unit owners; providing that a vote 23
of the unit owners is not required under certain 24
circumstances; prohibiting installation of the same 25
HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 2 of 11
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
type of hurricane protection previously installed; 26
providing exceptions; prohibiting the boards of 27
residential and mixed -use condominiums from refusing 28
to approve certain hurricane protections; authorizing 29
the requirement to adhere to certain guidelines 30
regarding the external appearance of a condominium; 31
revising responsibility for the removal or 32
reinstallation of hurricane protection; authorizing 33
that certain expenses be charged to unit owners, which 34
become assessments; amending s. 718.115, F.S.; 35
revising when the cost of installation of hurricane 36
protection is and is not a common expense; authorizing 37
that certain expenses be charged to unit owners, which 38
become assessments; requiring certain unit owners to 39
be excused from certain assessments or to receive a 40
credit for hurricane protection that has been 41
installed; providing credit applicability under 42
certain circumstances; providing for the amount of 43
credit that a unit owner must receive; providing an 44
effective date. 45
46
Be It Enacted by the Legislature of the State of Florida: 47
48
Section 1. Subsections (18) through (31) of section 49
718.103, Florida Statutes, are renumbered as subsections (19) 50
HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 3 of 11
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
through (32), respectively, and a new subsection (18) is added 51
to that section, to read: 52
718.103 Definitions. —As used in this chapter, the term: 53
(18) "Hurricane protection" means hurricane shutters, 54
impact glass, code-compliant windows or doors, and other code -55
compliant hurricane protection products used to preserve and 56
protect the condominium property or association property. 57
Section 2. Paragraph (p) is added to subsection (4) of 58
section 718.104, Florida Statutes, to read: 59
718.104 Creation of condominiums; contents of 60
declaration.—Every condominium created in this state shall be 61
created pursuant to this chapter. 62
(4) The declaration must contain or provide for the 63
following matters: 64
(p) For both residential condominiums and mixed -use 65
condominiums, specify whether the unit owner or the association 66
is responsible for the installation, maintenance, repair, or 67
replacement of hurricane protection that is for th e preservation 68
and protection of the condominium property and association 69
property. 70
Section 3. Subsection (5) of section 718.113, Florida 71
Statutes, is amended to read: 72
718.113 Maintenance; limitation upon improvement; display 73
of flag; hurricane shutters and protection; display of religious 74
decorations.— 75
HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 4 of 11
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) To protect the health, safety, and welfare of the 76
people of the state and to ensure uniformity and consistency in 77
the hurricane protections installed by condominium associations 78
and unit owners, this subsection applies to all residential and 79
mixed-use condominiums in the state, regardless of when the 80
condominium is created pursuant to the declaration of 81
condominium as defined in s. 718.103. Each board of 82
administration of a residential condominium or mixed-use 83
condominium must shall adopt hurricane protection shutter 84
specifications for each building within each condominium 85
operated by the association which may shall include color, 86
style, and other factors deemed relevant by the board. All 87
specifications adopted by the board must comply with the 88
applicable building code. The installation, maintenance, repair, 89
replacement, and operation of hurricane protection in accordance 90
with this subsection is not considered a material alteration or 91
substantial addition to the common elements or association 92
property within the meaning of this section. 93
(a) The board may, subject to s. 718.3026 and the approval 94
of a majority of voting interests of the residential condominium 95
or mixed-use condominium, install or require that unit owners 96
install hurricane shutters, impact glass, code -compliant windows 97
or doors, or other types of code -compliant hurricane protection 98
that complies comply with or exceeds exceed the applicable 99
building code. A vote of the unit owners to re quire the 100
HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 5 of 11
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
installation of hurricane protection must be set forth in a 101
certificate attesting to such vote and include the date that the 102
hurricane protection must be installed. The board must record 103
the certificate in the public records of the county where t he 104
condominium is located. The certificate must include the 105
recording data identifying the declaration of the condominium 106
and must be executed in the form required for the execution of a 107
deed. Once the certificate is recorded, the board must mail or 108
hand-deliver a copy of the recorded certificate to the unit 109
owners at the owners' address as reflected in the records of the 110
association. The board may provide a copy of the recorded 111
certificate by electronic transmission to unit owners who 112
previously consented to receive notice by electronic 113
transmission. The failure to record the certificate or send a 114
copy of the recorded certificate to the unit owners does not 115
affect the validity or enforceability of the vote of the unit 116
owners. However, A vote of the unit owners under this paragraph 117
is not required if the installation, maintenance, repair, and 118
replacement of the hurricane shutters, impact glass, code -119
compliant windows or doors, or other types of code -compliant 120
hurricane protection, or any exterior windows, doo rs, or other 121
apertures protected by the hurricane protection, is are the 122
responsibility of the association pursuant to the declaration of 123
condominium as originally recorded or as amended, or if the unit 124
owners are required to install hurricane protection p ursuant to 125
HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 6 of 11
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 declaration of condominium as originally recorded or as 126
amended. If hurricane protection or laminated glass or window 127
film architecturally designed to function as hurricane 128
protection that complies with or exceeds the current applicable 129
building code has been previously installed, the board may not 130
install the same type of hurricane shutters, impact glass, code -131
compliant windows or doors, or other types of code -compliant 132
hurricane protection or require that unit owners install the 133
same type of hurricane protection unless the installed hurricane 134
protection has reached the end of its useful life or is 135
necessary to prevent damage to the common elements or to a unit 136
except upon approval by a majority vote of the voting interests . 137
(b) The association is responsible for the maintenance, 138
repair, and replacement of the hurricane shutters, impact glass, 139
code-compliant windows or doors, or other types of code -140
compliant hurricane protection authorized by this subsection if 141
such property is the responsib ility of the association pursuant 142
to the declaration of condominium. If the hurricane shutters, 143
impact glass, code-compliant windows or doors, or other types of 144
code-compliant hurricane protection are the responsibility of 145
the unit owners pursuant to the d eclaration of condominium, the 146
maintenance, repair, and replacement of such items are the 147
responsibility of the unit owner. 148
(b)(c) The board may operate shutters, impact glass, code -149
compliant windows or doors, or other types of code -compliant 150
HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 7 of 11
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
hurricane protection installed pursuant to this subsection 151
without permission of the unit owners only if such operation is 152
necessary to preserve and protect the condominium property or 153
and association property. The installation, replacement, 154
operation, repair, and maintenance of such shutters, impact 155
glass, code-compliant windows or doors, or other types of code -156
compliant hurricane protection in accordance with the procedures 157
set forth in this paragraph are not a material alteration to the 158
common elements or association property within the meaning of 159
this section. 160
(c)(d) Notwithstanding any other provision in the 161
residential condominium or mixed-use condominium documents, if 162
approval is required by the documents, a board may not refuse to 163
approve the installation or replacement of hurricane shutters, 164
impact glass, code-compliant windows or doors, or other types of 165
code-compliant hurricane protection by a unit owner which 166
conforms conforming to the specifications adopted by the board. 167
However, a board may require the unit owner to adhere to an 168
existing unified building scheme regarding the external 169
appearance of the condominium. 170
(d) A unit owner may be responsible for the cost of any 171
removal or reinstallation of hurricane protection if the unit 172
owner installed the hurricane protection and its removal is 173
necessary for the maintenance, repair, or replacement of the 174
condominium property or association property for which the 175
HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 8 of 11
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 is responsible. The board shall determine if the 176
removal or reinstallatio n of hurricane protection must be 177
completed by the unit owner or the association. If such removal 178
or reinstallation is completed by the association, the costs 179
incurred by the association may be charged to the unit owner. If 180
the association charges the unit owner for the removal or 181
installation of hurricane protection, such charges are 182
enforceable as an assessment and may be collected in the manner 183
provided under s. 718.116. 184
Section 4. Paragraph (e) of subsection (1) of section 185
718.115, Florida Statutes, is amended to read: 186
718.115 Common expenses and common surplus. — 187
(1) 188
(e)1. The expense of installation, replacement, operation, 189
repair, and maintenance of hurricane shutters, impact glass, 190
code-compliant windows or doors, or other types of code -191
compliant hurricane protection by the board pursuant to s. 192
718.113(5) constitutes a common expense and shall be collected 193
as provided in this section if the association is responsible 194
for the maintenance, repair, and replacement of the hurricane 195
shutters, impact glass, code-compliant windows or doors, or 196
other types of code-compliant hurricane protection pursuant to 197
the declaration of condominium. However, If the installation of 198
maintenance, repair, and replacement of the hurricane shutters, 199
impact glass, code-compliant windows or doors, or other types of 200
HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 9 of 11
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
code-compliant hurricane protection is are the responsibility of 201
the unit owners pursuant to the declaration of condominium or a 202
vote of the unit owners under s. 718.113(5) , the cost of the 203
installation of the hurricane shutters, impact glass, code -204
compliant windows or doors, or other types of code -compliant 205
hurricane protection by the association is not a common expense 206
and must shall be charged individually to the unit owners based 207
on the cost of installation o f the hurricane shutters, impact 208
glass, code-compliant windows or doors, or other types of code -209
compliant hurricane protection appurtenant to the unit. The 210
costs of installation of hurricane protection are enforceable as 211
an assessment and may be collected in the manner provided under 212
s. 718.116. 213
2. Notwithstanding s. 718.116(9), and regardless of 214
whether or not the declaration requires the association or unit 215
owners to install, maintain, repair, or replace hurricane 216
shutters, impact glass, code -compliant windows or doors, or 217
other types of code-compliant hurricane protection, the a unit 218
owner of a unit where who has previously installed hurricane 219
shutters in accordance with s. 718.113(5) that comply with the 220
current applicable building code shall receive a credit when the 221
shutters are installed; a unit owner who has previously 222
installed impact glass or code -compliant windows or doors that 223
comply with the current applicable building code shall receive a 224
credit when the impact glass or code -compliant windows or doors 225
HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 10 of 11
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
are installed; and a unit owner who has installed other types of 226
code-compliant hurricane protection that complies comply with 227
the current applicable building code has been installed is 228
excused from any assessment levied by the association or shall 229
receive a credit if when the same type of other code-compliant 230
hurricane protection is installed by the association, and the 231
credit shall be equal to the pro rata portion of the assessed 232
installation cost assigned to each unit . A credit is applicable 233
if the installation of hurricane protection is for all other 234
units that do not have hurricane protection and the cost of such 235
installation is funded by the association's budget, including 236
the use of reserve funds. The credit must be equal to the amount 237
that the unit owner would have been assessed to install the 238
hurricane protection. However, such unit owner remains 239
responsible for the pro rata share of expenses for hurricane 240
shutters, impact glass, code -compliant windows or doors, or 241
other types of code-compliant hurricane protection installed on 242
common elements and association property by the board pursuant 243
to s. 718.113(5) and remains responsible for a pro rata share of 244
the expense of the replacement, operation, repair, and 245
maintenance of such shutters, impact glass, code-compliant 246
windows or doors, or other types of code -compliant hurricane 247
protection. Expenses for the installation, replacement, 248
operation, repair, or maintenance of hurricane protection on 249
common elements and association property are common e xpenses. 250
HB 395 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0395-00
Page 11 of 11
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 5. This act shall take effect July 1, 2023. 251