Florida House Bill H1395 Comm Sub / Bill

                       
 
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A bill to be entitled 1 
An act relating to the management and safety of 2 
condominium and cooperative buildings; amending s. 3 
468.4334, F.S.; revising professional practice 4 
standards for community association managers and 5 
community association management firms; amending s. 6 
553.899, F.S.; revising legislative findings; revising 7 
definitions; requiring condominium associations and 8 
cooperative associations to have milestone inspections 9 
performed on certain buildings after they reach 25 10 
years of age; removing provisions relating to certai n 11 
buildings located near coastlines; revising the date 12 
on which a building's certificate of occupancy was 13 
issued to trigger the requirement of a milestone 14 
inspection; authorizing an extension of the deadline 15 
for the completion of a milestone inspection und er 16 
certain circumstances; requiring certain notice be 17 
given to unit owners within a specified time period; 18 
authorizing additional persons to conduct phase one 19 
inspections; specifying the only persons authorized to 20 
conduct phase two inspections; requiring c ertain 21 
associations to enter into contracts with certain 22 
persons within a specified timeframe; requiring that a 23 
phase two inspection begin within a specified 24 
timeframe; requiring certain inspection reports to 25     
 
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bear certain attestations; authorizing the gove rning 26 
body of a municipality to adopt certain ordinances; 27 
removing a specified review by the Florida Building 28 
Commission; removing the requirement that the 29 
commission submit a certain report to the Governor and 30 
Legislature by a specified date; requiring th e 31 
commission to create standardized milestone inspection 32 
forms by a specified date; requiring local enforcement 33 
agencies to use such standardized forms to submit 34 
certain reports; conforming provisions to changes made 35 
by the act; amending s. 627.351, F.S.; revising 36 
requirements for certain condominium unit owners 37 
relating to the purchase of flood insurance as a 38 
condition for maintaining certain policies issued by 39 
Citizens Property Insurance Corporation; amending ss. 40 
718.103 and 719.103, F.S.; revising the de finition of 41 
"structural integrity reserve study"; amending ss. 42 
718.112 and 719.106, F.S.; requiring certain items 43 
that will require maintenance, repair, or replacement 44 
within a certain timeframe to be included in reserve 45 
accounts; removing a date by which certain structural 46 
integrity reserve studies must be completed; providing 47 
an exception to the requirement of a structural 48 
integrity reserve study; requiring certain 49 
associations' budgets to include reserves, in an 50     
 
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amount determined by a specified study, fo r certain 51 
items; requiring the structural integrity reserve 52 
study to include exterior doors; authorizing certain 53 
inspections to be used in place of other inspections 54 
under certain circumstances; requiring that the 55 
inspector-prepared summary of the inspecti on report be 56 
provided to certain persons within a specified time 57 
period; conforming provisions to changes made by the 58 
act; amending s. 718.1255, F.S.; revising the 59 
definition of a "dispute" for purposes of alternative 60 
dispute resolution; requiring certain disputes to be 61 
submitted to presuit mediation; creating ss. 718.13 62 
and 719.132, F.S.; authorizing unit owners and certain 63 
entities to file an action in court for certain 64 
injunctive relief; amending ss. 718.301 and 719.301, 65 
F.S.; conforming provisions to ch anges made by the 66 
act; amending ss. 718.503 and 719.503, F.S.; requiring 67 
that certain provisions be included in certain 68 
contracts entered into after specified dates under 69 
certain circumstances; conforming provisions to 70 
changes made by the act; providing ef fective dates. 71 
 72 
Be It Enacted by the Legislature of the State of Florida: 73 
 74 
 Section 1.  Paragraph (b) of subsection (1) of section 75     
 
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468.4334, Florida Statutes, is amended to read: 76 
 468.4334  Professional practice standards; liability. — 77 
 (1) 78 
 (b)  If a community association manager or a community 79 
association management firm has a contract with a community 80 
association that has a building on the association's property 81 
that is subject to s. 553.899, the community association manager 82 
or the community associ ation management firm must comply with 83 
that section as directed by the board. 84 
 Section 2.  Subsection (13) of section 553.899, Florida 85 
Statutes, is renumbered as subsection (12), subsections (1) 86 
through (8) and (11) and present subsection (12) are amende d, 87 
and a new subsection (13) is added to that section, to read: 88 
 553.899  Mandatory structural inspections for condominium 89 
and cooperative buildings. — 90 
 (1)  The Legislature finds that maintaining the structural 91 
integrity of a building throughout the its service life of the 92 
building is of paramount importance in order to ensure that 93 
buildings are structurally sound so as to not pose a threat to 94 
the public health, safety, or welfare. As such, the Legislature 95 
finds that the imposition of a statewide structural inspection 96 
program for aging condominium and cooperative buildings in this 97 
state is necessary to ensure that such buildings are safe for 98 
continued use. 99 
 (2)  As used in this section, the terms: 100     
 
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 (a)  "Milestone inspection" means a structural inspection 101 
of a building, including an inspection of load -bearing elements 102 
walls and the primary structural members and primary structural 103 
systems as those terms are defined in s. 627.706 . Phase one of 104 
the milestone inspection must be performed , by a general 105 
contractor licensed under chapter 489 with at least 5 years' 106 
experience building or constructing threshold buildings, a 107 
building code administrator or building code inspector licensed 108 
under part XII of chapter 468 with at least 5 years' experience 109 
inspecting threshold buildings, or by a licensed architect or 110 
engineer authorized to practice in this state . Phase two of the 111 
milestone inspection must be performed by a licensed architect 112 
or engineer authorized to practice in this state. Such 113 
structural inspection must be completed with the purpose for the 114 
purposes of attesting to the life safety and adequacy of the 115 
structural components of the building and, to the extent 116 
reasonably possible, determining the general structural 117 
condition of the building as it affects the saf ety of such 118 
building, including a determination of any necessary 119 
maintenance, repair, or replacement of any structural component 120 
of the building. The purpose of such inspection is not to 121 
determine if the condition of an existing building is in 122 
compliance with the Florida Building Code or the firesafety 123 
code. 124 
 (b)  "Substantial structural deterioration" means 125     
 
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substantial structural distress or a substantial structural 126 
weakness that negatively affects a building's general structural 127 
condition and integrity. T he term does not include surface 128 
imperfections such as cracks, distortion, sagging, deflections, 129 
misalignment, signs of leakage, or peeling of finishes unless 130 
the licensed general contractor, building code administrator, 131 
building code inspector, engineer, or architect performing the 132 
phase one or phase two inspection determines that such surface 133 
imperfections are a sign of substantial structural 134 
deterioration. 135 
 (3)  A condominium association under chapter 718 and a 136 
cooperative association under chapter 719 m ust have a milestone 137 
inspection performed for each building that is three stories or 138 
more in height by December 31 of the year in which the building 139 
reaches 25 30 years of age, based on the date the certificate of 140 
occupancy for the building was issued, and every 10 years 141 
thereafter. If the building is located within 3 miles of a 142 
coastline as defined in s. 376.031, the condominium association 143 
or cooperative association must have a milestone inspection 144 
performed by December 31 of the year in which the buildin g 145 
reaches 25 years of age, based on the date the certificate of 146 
occupancy for the building was issued, and every 10 years 147 
thereafter. The condominium association or cooperative 148 
association must arrange for the milestone inspection to be 149 
performed and is responsible for ensuring compliance with the 150     
 
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requirements of this section. The condominium association or 151 
cooperative association is responsible for all costs associated 152 
with the inspection. This subsection does not apply to 153 
associations that only include a single-family, two-family, or 154 
three-family dwellings dwelling with three or fewer habitable 155 
stories above ground. 156 
 (4)  If a milestone inspection is required under this 157 
section and the building's certificate of occupancy was issued 158 
on or before December 31, 1994 July 1, 1992, the building's 159 
initial milestone inspection must be performed before December 160 
31, 2024. If a milestone inspection is required under this 161 
section and the building's certificate of occupancy was issued 162 
during the period of January 1, 199 5, through December 31, 2000, 163 
the building's initial milestone inspection must be performed 164 
before December 31, 2026. The local enforcement agency may 165 
extend the deadline for a building's initial milestone 166 
inspection upon a showing of good cause by the con dominium or 167 
cooperative association that the association has entered into a 168 
contract for the performance of the milestone inspection but 169 
that the inspection cannot reasonably be completed before the 170 
deadline. If the date of issuance for the certificate of 171 
occupancy is not available, the date of issuance of the 172 
building's certificate of occupancy shall be the date of 173 
occupancy evidenced in any record of the local building 174 
official. 175     
 
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 (5)  Upon determining that a building must have a milestone 176 
inspection, the local enforcement agency must provide written 177 
notice of such required inspection to the condominium 178 
association or cooperative association by certified mail, return 179 
receipt requested. The condominium or cooperative association 180 
must notify the unit owners o f the required milestone inspection 181 
within 14 days after receipt of the written notice from the 182 
local enforcement agency and provide the date that the milestone 183 
inspection must be completed. 184 
 (6)  Within 180 days after receiving the written notice 185 
under subsection (5), the condominium association or cooperative 186 
association must complete phase one of the milestone inspection. 187 
For purposes of this section, completion of phase one of the 188 
milestone inspection means the licensed general contractor, 189 
building code administrator, building code inspector, engineer, 190 
or architect who performed the phase one inspection submitted 191 
the inspection report by e -mail, United States Postal Service, 192 
or commercial delivery service to the local enforcement agency. 193 
 (7)  A milestone inspection consists of two phases: 194 
 (a)  For phase one of the milestone inspection, a general 195 
contractor licensed under chapter 489 with at least 5 years' 196 
experience building or constructing threshold buildings, a 197 
building code administrator or building code inspector licensed 198 
under part XII of chapter 468 with at least 5 years' experience 199 
inspecting threshold buildings, or a licensed architect or 200     
 
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engineer authorized to practice in this state shall perform a 201 
visual examination of habitable and nonhabitable areas of a 202 
building, including the major structural components of a 203 
building, and provide a qualitative assessment of the structural 204 
conditions of the building. If the general contractor, bu ilding 205 
code administrator, building code inspector, architect, or 206 
engineer finds no signs of substantial structural deterioration 207 
to any building components under visual examination, phase two 208 
of the inspection, as provided in paragraph (b), is not 209 
required. A general contractor, a building code administrator, a 210 
building code inspector, an architect, or an engineer who 211 
completes a phase one milestone inspection shall prepare and 212 
submit an inspection report pursuant to subsection (8). 213 
 (b)  A phase two of th e milestone inspection must be 214 
performed if any substantial structural deterioration is 215 
identified during phase one. Only a licensed architect or 216 
engineer authorized to practice in this state may perform a 217 
phase two milestone inspection. If a phase two ins pection is 218 
required, the association must contract, within 90 days after 219 
receipt of the phase one inspection report, with a licensed 220 
architect or engineer to perform the phase two inspection. The 221 
licensed architect or engineer contracted with to perform th e 222 
inspection must begin the phase two inspection within 90 days 223 
after entering into a contract with the association. A phase two 224 
inspection may involve destructive or nondestructive testing at 225     
 
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the inspector's direction. The inspection may be as extensive o r 226 
as limited as necessary to fully assess areas of structural 227 
distress in order to confirm that the building is structurally 228 
sound and safe for its intended use and to recommend a program 229 
for fully assessing and repairing distressed and damaged 230 
portions of the building. When determining testing locations, 231 
the inspector must give preference to locations that are the 232 
least disruptive and most easily repairable while still being 233 
representative of the structure. An inspector who completes a 234 
phase two milestone inspection shall prepare and submit an 235 
inspection report pursuant to subsection (8). 236 
 (8)  Upon completion of a phase one or phase two milestone 237 
inspection, the general contractor, building code administrator, 238 
building code inspector, architect, or engineer who performed 239 
the inspection must submit a copy, or a sealed copy, if 240 
applicable, of the inspection report with a separate summary of, 241 
at minimum, the material findings and recommendations in the 242 
inspection report to the condominium association or cooper ative 243 
association, and to the building official of the local 244 
government which has jurisdiction. The inspection report must, 245 
at a minimum, meet all of the following criteria: 246 
 (a)1.  Bear an attestation and signature, or electronic 247 
signature, of the license d general contractor, building code 248 
administrator, or building code inspector who performed the 249 
inspection; or 250     
 
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 2. Bear the seal and signature, or the electronic 251 
signature, of the licensed engineer or architect who performed 252 
the inspection, 253 
 254 
indicating that such report complies with the statutory 255 
requirements for the inspection . 256 
 (b)  Indicate the manner and type of inspection forming the 257 
basis for the inspection report. 258 
 (c)  Identify any substantial structural deterioration, 259 
within a reasonable profess ional probability based on the scope 260 
of the inspection, describe the extent of such deterioration, 261 
and identify any recommended repairs for such deterioration. 262 
 (d)  State whether unsafe or dangerous conditions, as those 263 
terms are defined in the Florida Bu ilding Code, were observed. 264 
 (e)  Recommend any remedial or preventive repair for any 265 
items that are damaged but are not substantial structural 266 
deterioration. 267 
 (f)  Identify and describe any items requiring further 268 
inspection. 269 
 (11)  A board of county comm issioners or the governing body 270 
of a municipality may adopt an ordinance requiring that a 271 
condominium or cooperative association schedule or commence 272 
repairs for substantial structural deterioration within a 273 
specified timeframe after the local enforcement agency receives 274 
a phase two inspection report; however, such repairs must be 275     
 
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commenced within 365 days after receiving such report. If an 276 
association fails to submit proof to the local enforcement 277 
agency that repairs have been scheduled or have commenced f or 278 
substantial structural deterioration identified in a phase two 279 
inspection report within the required timeframe, the local 280 
enforcement agency must review and determine if the building is 281 
unsafe for human occupancy. 282 
 (12)  The Florida Building Commission shall review the 283 
milestone inspection requirements under this section and make 284 
recommendations, if any, to the Legislature to ensure 285 
inspections are sufficient to determine the structural integrity 286 
of a building. The commission must provide a written repor t of 287 
any recommendations to the Governor, the President of the 288 
Senate, and the Speaker of the House of Representatives by 289 
December 31, 2022. 290 
 (13)  By October 1, 2023, the Florida Building Commission 291 
shall create a standardized milestone inspection report form for 292 
the submission of such reports to local enforcement agencies by 293 
general contractors, building code administrators, building code 294 
inspectors, engineers, and architects. Local enforcement 295 
agencies must require that the standardized form be used to 296 
submit such reports. 297 
 Section 3.  Paragraph (aa) of subsection (6) of section 298 
627.351, Florida Statutes, is amended to read: 299 
 627.351  Insurance risk apportionment plans. — 300     
 
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 (6)  CITIZENS PROPERTY INSURANCE CORPORATION. — 301 
 (aa)  Except as otherwise provided in this paragraph, the 302 
corporation shall require the securing and maintaining of flood 303 
insurance as a condition of coverage of a personal lines 304 
residential risk. The insured or applicant must execute a form 305 
approved by the office affirming that flood insu rance is not 306 
provided by the corporation and that if flood insurance is not 307 
secured by the applicant or insured from an insurer other than 308 
the corporation and in addition to coverage by the corporation, 309 
the risk will not be eligible for coverage by the cor poration. 310 
The corporation may deny coverage of a personal lines 311 
residential risk to an applicant or insured who refuses to 312 
secure and maintain flood insurance. The requirement to purchase 313 
flood insurance shall be implemented as follows: 314 
 1.  Except as provided in subparagraphs 2. and 3., all 315 
personal lines residential policyholders must have flood 316 
coverage in place for policies effective on or after: 317 
 a.  January 1, 2024, for property valued at $600,000 or 318 
more. 319 
 b.  January 1, 2025, for property valued at $500,000 or 320 
more. 321 
 c.  January 1, 2026, for property valued at $400,000 or 322 
more. 323 
 d.  January 1, 2027, for all other personal lines 324 
residential property insured by the corporation. 325     
 
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 2.  All personal lines residential policyholders whose 326 
property insured by the corporation is located within the 327 
special flood hazard area defined by the Federal Emergency 328 
Management Agency must have flood coverage in place: 329 
 a.  At the time of initial policy issuance for all new 330 
personal lines residential policies issued by the corporation on 331 
or after April 1, 2023. 332 
 b.  By the time of the policy renewal for all personal 333 
lines residential policies renewing on or after July 1, 2023. 334 
 3.  Policyholders whose policies issued by the corporation 335 
do not provide coverage for the peril of wind are not required 336 
to purchase flood insurance as a condition for maintaining their 337 
policies issued by with the corporation, if such policy: 338 
 a.  Does not provide coverage for the peril of wind. 339 
 b.  Provides coverage under a condominium unit owners or 340 
condominium tenant form and the policyholder's unit is covered 341 
under a master flood policy issued to someone other than the 342 
policyholder. 343 
 c.  Provides coverage under a condominium unit owners or 344 
condominium tenant form and the policyholder resides in a 345 
condominium unit with occupiable space that is not less than 40 346 
feet above the grade plane, as defined in the Florida Building 347 
Code. A unit located on the fifth floor above the grade plane or 348 
higher is deemed to be not less than 40 feet above the grade 349 
plane, as defined in the Florida Building Code. A unit owner or 350     
 
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a condominium association may submit a certification from an 351 
engineer licensed under chapter 471, a surveyor and mapper 352 
licensed under chapter 472, or an architect licensed under 353 
chapter 481, detailing which units in the condominium 354 
association are not less than 40 feet above the grade plane, as 355 
defined in the Florida Building Code, and the corporation may 356 
rely on such certification . 357 
 358 
The flood insurance required under this paragraph must meet, a t 359 
a minimum, the coverage available from the National Flood 360 
Insurance Program or the requirements of subparagraphs s. 361 
627.715(1)(a)1., 2., and 3. 362 
 Section 4.  Subsection (25) of section 718.103, Florida 363 
Statutes, is amended to read: 364 
 718.103  Definitions .—As used in this chapter, the term: 365 
 (25)  "Structural integrity reserve study" means a study of 366 
the reserve funds required for future major repairs and 367 
replacement of the common areas based on a visual inspection of 368 
the common areas. A structural integri ty reserve study may be 369 
performed by any person qualified to perform such study. 370 
However, the visual inspection portion of the structural 371 
integrity reserve study must be performed by an engineer 372 
licensed under chapter 471 , a general contractor licensed und er 373 
chapter 489 with at least 5 years' experience building or 374 
constructing threshold buildings as defined in s. 553.71, a 375     
 
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building code administrator or building code inspector licensed 376 
under part XII of chapter 468 with at least 5 years' experience 377 
inspecting threshold buildings as defined in s. 553.71, or an 378 
architect licensed under chapter 481. At a minimum, a structural 379 
integrity reserve study must identify the common areas being 380 
visually inspected, state the estimated remaining useful life 381 
and the estimated replacement cost or deferred maintenance 382 
expense of the common areas being visually inspected, and 383 
provide a recommended annual reserve amount that achieves the 384 
estimated replacement cost or deferred maintenance expense of 385 
each common area being visua lly inspected by the end of the 386 
estimated remaining useful life of each common area. 387 
 Section 5.  Paragraphs (f), (g), and (h) of subsection (2) 388 
of section 718.112, Florida Statutes, are amended to read: 389 
 718.112  Bylaws.— 390 
 (2)  REQUIRED PROVISIONS. —The bylaws shall provide for the 391 
following and, if they do not do so, shall be deemed to include 392 
the following: 393 
 (f)  Annual budget.— 394 
 1.  The proposed annual budget of estimated revenues and 395 
expenses must be detailed and must show the amounts budgeted by 396 
accounts and expense classifications, including, at a minimum, 397 
any applicable expenses listed in s. 718.504(21). The board 398 
shall adopt the annual budget at least 14 days before the start 399 
of the association's fiscal year. In the event that the board 400     
 
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fails to timely adopt the annual budget a second time, it is 401 
deemed a minor violation and the prior year's budget shall 402 
continue in effect until a new budget is adopted. A 403 
multicondominium association must adopt a separate budget of 404 
common expenses for each condomini um the association operates 405 
and must adopt a separate budget of common expenses for the 406 
association. In addition, if the association maintains limited 407 
common elements with the cost to be shared only by those 408 
entitled to use the limited common elements as p rovided for in 409 
s. 718.113(1), the budget or a schedule attached to it must show 410 
the amount budgeted for this maintenance. If, after turnover of 411 
control of the association to the unit owners, any of the 412 
expenses listed in s. 718.504(21) are not applicable, they do 413 
not need to be listed. 414 
 2.a.  In addition to annual operating expenses, the budget 415 
must include reserve accounts for capital expenditures and 416 
deferred maintenance. These accounts must include, but are not 417 
limited to, roof replacement, building pain ting, and pavement 418 
resurfacing, regardless of the amount of deferred maintenance 419 
expense or replacement cost, and any other item that has a 420 
deferred maintenance expense or replacement cost that exceeds 421 
$10,000, and those items listed in paragraph (g) that will 422 
require maintenance, repair, or replacement within the next 25 423 
years. The amount to be reserved for an item is determined by 424 
the association's most recent structural integrity reserve study 425     
 
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that must be completed as provided in paragraph (g) by December 426 
31, 2024. If the amount to be reserved for an item is not in the 427 
association's initial or most recent structural integrity 428 
reserve study or the association has not completed a structural 429 
integrity reserve study, the amount must be computed using a 430 
formula based upon estimated remaining useful life and estimated 431 
replacement cost or deferred maintenance expense of the reserve 432 
item. However, any item with a remaining useful life greater 433 
than 25 years is not required to be included in the study. If an 434 
association is required to complete a structural integrity 435 
reserve study, the association's budget must maintain reserves, 436 
in the amount recommended in the association's most recent 437 
structural integrity reserve study, for the items listed in 438 
paragraph (g). The association may adjust replacement reserve 439 
assessments annually to take into account any changes in 440 
estimates or extension of the useful life of a reserve item 441 
caused by deferred maintenance. The members of a unit -owner-442 
controlled association may determine, by a majority vote at a 443 
duly called meeting of the association, to provide no reserves 444 
or less reserves than required by this subsection. Effective 445 
December 31, 2024, the members of a unit -owner-controlled 446 
association that is required to complete a struct ural integrity 447 
reserve study may not determine to provide no reserves or less 448 
reserves than required by this subsection for items listed in 449 
paragraph (g). 450     
 
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 b.  Before turnover of control of an association by a 451 
developer to unit owners other than a develope r under s. 452 
718.301, the developer -controlled association may not vote to 453 
waive the reserves or reduce funding of the reserves. If a 454 
meeting of the unit owners has been called to determine whether 455 
to waive or reduce the funding of reserves and no such resul t is 456 
achieved or a quorum is not attained, the reserves included in 457 
the budget shall go into effect. After the turnover, the 458 
developer may vote its voting interest to waive or reduce the 459 
funding of reserves. 460 
 3.  Reserve funds and any interest accruing the reon shall 461 
remain in the reserve account or accounts, and may be used only 462 
for authorized reserve expenditures unless their use for other 463 
purposes is approved in advance by a majority vote at a duly 464 
called meeting of the association. Before turnover of con trol of 465 
an association by a developer to unit owners other than the 466 
developer pursuant to s. 718.301, the developer -controlled 467 
association may not vote to use reserves for purposes other than 468 
those for which they were intended. Effective December 31, 2024, 469 
members of a unit-owner-controlled association that is required 470 
to complete a structural integrity reserve study may not vote to 471 
use reserve funds, or any interest accruing thereon, that are 472 
reserved for items listed in paragraph (g) for any other purpose 473 
other than their intended purpose. 474 
 4.  The only voting interests that are eligible to vote on 475     
 
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questions that involve waiving or reducing the funding of 476 
reserves, or using existing reserve funds for purposes other 477 
than purposes for which the reserves were intended, are the 478 
voting interests of the units subject to assessment to fund the 479 
reserves in question. Proxy questions relating to waiving or 480 
reducing the funding of reserves or using existing reserve funds 481 
for purposes other than purposes for which the reserves were 482 
intended must contain the following statement in capitalized, 483 
bold letters in a font size larger than any other used on the 484 
face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN 485 
PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY 486 
RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED 487 
SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. 488 
 (g)  Structural integrity reserve study. — 489 
 1.  An association must have a structural integrity reserve 490 
study completed at least every 10 years after the condominium's 491 
creation for each building on the condominium property that is 492 
three stories or higher in height which includes, at a minimum, 493 
a study of the following items as related to the structural 494 
integrity and safety of the building: 495 
 a.  Roof. 496 
 b.  Load-bearing walls or other primary structural members. 497 
 c.  Floor. 498 
 d.  Foundation. 499 
 e.  Fireproofing and fire protection systems. 500     
 
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 f.  Plumbing. 501 
 g.  Electrical systems. 502 
 h.  Waterproofing and exterior painting. 503 
 i.  Windows and exterior doors. 504 
 j.  Any other item that has a deferred maintenance expense 505 
or replacement cost that exceeds $10,000 and the failure to 506 
replace or maintain such item negatively affects the items 507 
listed in sub-subparagraphs a.-i., as determined by the licensed 508 
engineer, general contractor, building code administrator, 509 
building code inspector, or architect performing the visual 510 
inspection portion of the structural integrity reserve study. 511 
 2.  Before a developer turns over control of an association 512 
to unit owners other than the d eveloper, the developer must have 513 
a structural integrity reserve study completed for each building 514 
on the condominium property that is three stories or higher in 515 
height. 516 
 3.  Associations that existing on or before July 1, 2022, 517 
which are controlled by uni t owners other than the developer, 518 
must have a structural integrity reserve study completed by 519 
December 31, 2024, for each building on the condominium property 520 
that is three stories or higher in height. An association that 521 
is required to complete a milesto ne inspection on or before 522 
December 31, 2026, in accordance with s. 553.899, may complete 523 
the structural integrity reserve study simultaneously with the 524 
milestone inspection. In no event may the structural integrity 525     
 
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reserve study be completed after Decembe r 31, 2026. 526 
 4.  If an association fails to complete a structural 527 
integrity reserve study pursuant to this paragraph, such failure 528 
is a breach of an officer's and director's fiduciary 529 
relationship to the unit owners under s. 718.111(1). 530 
 5.  If the milestone inspection required by s. 553.899, or 531 
an inspection completed for a similar local requirement, was 532 
performed within the past 5 years and meets the requirements of 533 
this paragraph, such inspection may be used in place of the 534 
visual inspection portion of t he structural integrity reserve 535 
study. 536 
 (h)  Mandatory milestone inspections. —If an association is 537 
required to have a milestone inspection performed pursuant to s. 538 
553.899, the association must arrange for the milestone 539 
inspection to be performed and is re sponsible for ensuring 540 
compliance with the requirements of s. 553.899. The association 541 
is responsible for all costs associated with the inspection. If 542 
the officers or directors of an association willfully and 543 
knowingly fail to have a milestone inspection p erformed pursuant 544 
to s. 553.899, such failure is a breach of the officers' and 545 
directors' fiduciary relationship to the unit owners under s. 546 
718.111(1)(a). Within 60 days after Upon completion of a phase 547 
one or phase two milestone inspection and receipt of the 548 
inspector-prepared summary of the milestone inspection report 549 
from any phase one or phase two milestone inspection from the 550     
 
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architect or engineer who performed the inspection , the 551 
association must distribute a copy of the inspector -prepared 552 
summary of the inspection report to each unit owner, regardless 553 
of the findings or recommendations in the report, by United 554 
States mail or personal delivery and by electronic transmission 555 
to unit owners who previously consented to receive notice by 556 
electronic transmission; must post a copy of the inspector -557 
prepared summary in a conspicuous place on the condominium 558 
property; and must publish the full report and inspector -559 
prepared summary on the association's website, if the 560 
association is required to have a website. If the visual 561 
inspection portion of the structural integrity reserve study 562 
required under paragraph (g) was performed within the past 5 563 
years and meets the requirements for a milestone inspection in 564 
s. 553.899, such inspection may be used in place of the ph ase 565 
one milestone inspection. 566 
 Section 6.  Effective July 1, 2027, subsection (5) of 567 
section 718.1255, Florida Statutes, is amended, and paragraph 568 
(d) is added to subsection (1) of that section, to read: 569 
 718.1255  Alternative dispute resolution; mediati on; 570 
nonbinding arbitration; applicability. — 571 
 (1)  DEFINITIONS.—As used in this section, the term 572 
"dispute" means any disagreement between two or more parties 573 
that involves: 574 
 (d)  The failure of a board of administration, when 575     
 
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required by this chapter or a governing document of the 576 
association, to: 577 
 1.  Obtain a milestone inspection as required under s. 578 
553.899. 579 
 2.  Obtain a structural integrity reserve study as required 580 
under s. 718.112(2)(g). 581 
 3.  Fund reserve accounts as required for an item 582 
identified in s. 718.112(2)(g). 583 
 4.  Make or provide necessary maintenance or repairs of the 584 
condominium property as recommended by a milestone inspection or 585 
a structural integrity reserve study. 586 
 587 
"Dispute" does not include any disagreement that primarily 588 
involves: title to any unit or common element; the 589 
interpretation or enforcement of any warranty; the levy of a fee 590 
or assessment, or the collection of an assessment levied against 591 
a party; the eviction or other removal of a tenant from a unit; 592 
alleged breaches of fid uciary duty by one or more directors; or 593 
claims for damages to a unit based upon the alleged failure of 594 
the association to maintain the common elements or condominium 595 
property. 596 
 (5)  PRESUIT MEDIATION. —In lieu of the initiation of 597 
nonbinding arbitration as provided in subsections (1) -(4), a 598 
party may submit a dispute to presuit mediation in accordance 599 
with s. 720.311, except for: 600     
 
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 (a)  Disputes listed in paragraph (1)(d) are not subject to 601 
nonbinding arbitration under subsection (4) and must be 602 
submitted to presuit mediation in accordance with s. 720.311. ; 603 
however, 604 
 (b) Election and recall disputes are not eligible for 605 
mediation and such disputes must be arbitrated by the division 606 
or filed in a court of competent jurisdiction. 607 
 Section 7.  Section 718.13, Florida Statutes, is created to 608 
read: 609 
 718.13  Injunctive relief. — 610 
 (1)  A unit owner may institute an action in a court of 611 
competent jurisdiction in which the condominium is located to 612 
seek injunctive relief against the association to: 613 
 (a)  Enforce compliance with milestone inspection 614 
requirements under s. 553.899 and structural integrity reserve 615 
study requirements under s. 718.112(2)(g). 616 
 (b)  Prevent irreparable injury to unit owners and the 617 
association and to protect human health, safety, and welfare 618 
caused or threatened by any violation of the milestone 619 
inspection requirements under s. 553.899 and structural 620 
integrity reserve study requirements under s. 718.112(2)(g). 621 
 (2)  The division may, in the name of the state, seek 622 
injunctive relief in any cour t of competent jurisdiction in 623 
which the condominium is located to obtain relief against the 624 
association to enforce compliance with milestone inspection 625     
 
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requirements under s. 553.899. A proceeding commenced under this 626 
subsection is in addition to, and not in lieu of, any other 627 
penalty or remedy under this chapter. 628 
 (3)  Any local authority having jurisdiction to enforce 629 
milestone inspection requirements may seek injunctive relief 630 
from any court of competent jurisdiction in which the 631 
condominium is located a gainst the association to enforce 632 
compliance with milestone inspection requirements under s. 633 
553.899, upon an affidavit of the local authority having 634 
jurisdiction specifying the manner in which the condominium does 635 
not conform to the requirements of s. 553 .899. 636 
 Section 8.  Paragraph (p) of subsection (4) of section 637 
718.301, Florida Statutes, is amended to read: 638 
 718.301  Transfer of association control; claims of defect 639 
by association.— 640 
 (4)  At the time that unit owners other than the developer 641 
elect a majority of the members of the board of administration 642 
of an association, the developer shall relinquish control of the 643 
association, and the unit owners shall accept control. 644 
Simultaneously, or for the purposes of paragraph (c) not more 645 
than 90 days thereafter, the developer shall deliver to the 646 
association, at the developer's expense, all property of the 647 
unit owners and of the association which is held or controlled 648 
by the developer, including, but not limited to, the following 649 
items, if applicable, as to each condominium operated by the 650     
 
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association: 651 
 (p)  Notwithstanding when the certificate of occupancy was 652 
issued or the height of the building, a milestone inspection 653 
report in compliance with s. 553.899 included in the official 654 
records, under seal of an architect or engineer or under 655 
attestation of a general contractor, building code 656 
administrator, or building code inspector authorized to practice 657 
in this state indicating that such report complies with the 658 
statutory requirements for the inspection , and attesting to 659 
required maintenance, condition, usef ul life, and replacement 660 
costs of the following applicable condominium property 661 
comprising a turnover inspection report: 662 
 1.  Roof. 663 
 2.  Structure, including load -bearing walls and primary 664 
structural members and primary structural systems as those terms 665 
are defined in s. 627.706. 666 
 3.  Fireproofing and fire protection systems. 667 
 4.  Elevators. 668 
 5.  Heating and cooling systems. 669 
 6.  Plumbing. 670 
 7.  Electrical systems. 671 
 8.  Swimming pool or spa and equipment. 672 
 9.  Seawalls. 673 
 10.  Pavement and parking areas. 674 
 11. Drainage systems. 675     
 
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 12.  Painting. 676 
 13.  Irrigation systems. 677 
 14.  Waterproofing. 678 
 Section 9.  Paragraph (b) of subsection (1) and paragraph 679 
(a) of subsection (2) of section 718.503, Florida Statutes, are 680 
amended, and paragraph (d) is added to subsectio n (1) and 681 
paragraph (e) is added to subsection (2) of that section, to 682 
read: 683 
 718.503  Developer disclosure prior to sale; nondeveloper 684 
unit owner disclosure prior to sale; voidability. — 685 
 (1)  DEVELOPER DISCLOSURE. — 686 
 (b)  Copies of documents to be furnishe d to prospective 687 
buyer or lessee.—Until such time as the developer has furnished 688 
the documents listed below to a person who has entered into a 689 
contract to purchase a residential unit or lease it for more 690 
than 5 years, the contract may be voided by that per son, 691 
entitling the person to a refund of any deposit together with 692 
interest thereon as provided in s. 718.202. The contract may be 693 
terminated by written notice from the proposed buyer or lessee 694 
delivered to the developer within 15 days after the buyer or 695 
lessee receives all of the documents required by this section. 696 
The developer may not close for 15 days after the execution of 697 
the agreement and delivery of the documents to the buyer as 698 
evidenced by a signed receipt for documents unless the buyer is 699 
informed in the 15-day voidability period and agrees to close 700     
 
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before the expiration of the 15 days. The developer shall retain 701 
in his or her records a separate agreement signed by the buyer 702 
as proof of the buyer's agreement to close before the expiration 703 
of the voidability period. The developer must retain such proof 704 
for a period of 5 years after the date of the closing of the 705 
transaction. The documents to be delivered to the prospective 706 
buyer are the prospectus or disclosure statement with all 707 
exhibits, if the development is subject to s. 718.504, or, if 708 
not, then copies of the following which are applicable: 709 
 1.  The question and answer sheet described in s. 718.504, 710 
and declaration of condominium, or the proposed declaration if 711 
the declaration has not been recor ded, which shall include the 712 
certificate of a surveyor approximately representing the 713 
locations required by s. 718.104. 714 
 2.  The documents creating the association. 715 
 3.  The bylaws. 716 
 4.  The ground lease or other underlying lease of the 717 
condominium. 718 
 5.  The management contract, maintenance contract, and 719 
other contracts for management of the association and operation 720 
of the condominium and facilities used by the unit owners having 721 
a service term in excess of 1 year, and any management contracts 722 
that are renewable. 723 
 6.  The estimated operating budget for the condominium and 724 
a schedule of expenses for each type of unit, including fees 725     
 
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assessed pursuant to s. 718.113(1) for the maintenance of 726 
limited common elements where such costs are shared only by 727 
those entitled to use the limited common elements. 728 
 7.  The lease of recreational and other facilities that 729 
will be used only by unit owners of the subject condominium. 730 
 8.  The lease of recreational and other common facilities 731 
that will be used by unit owners in c ommon with unit owners of 732 
other condominiums. 733 
 9.  The form of unit lease if the offer is of a leasehold. 734 
 10.  Any declaration of servitude of properties serving the 735 
condominium but not owned by unit owners or leased to them or 736 
the association. 737 
 11.  If the development is to be built in phases or if the 738 
association is to manage more than one condominium, a 739 
description of the plan of phase development or the arrangements 740 
for the association to manage two or more condominiums. 741 
 12.  If the condominium is a conversion of existing 742 
improvements, the statements and disclosure required by s. 743 
718.616. 744 
 13.  The form of agreement for sale or lease of units. 745 
 14.  A copy of the floor plan of the unit and the plot plan 746 
showing the location of the residential building s and the 747 
recreation and other common areas. 748 
 15.  A copy of all covenants and restrictions that will 749 
affect the use of the property and are not contained in the 750     
 
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foregoing. 751 
 16.  If the developer is required by state or local 752 
authorities to obtain acceptan ce or approval of any dock or 753 
marina facilities intended to serve the condominium, a copy of 754 
any such acceptance or approval acquired by the time of filing 755 
with the division under s. 718.502(1), or a statement that such 756 
acceptance or approval has not been acquired or received. 757 
 17.  Evidence demonstrating that the developer has an 758 
ownership, leasehold, or contractual interest in the land upon 759 
which the condominium is to be developed. 760 
 18.  A copy of the inspector -prepared summary of the 761 
milestone inspection report as described in ss. 553.899 and 762 
718.112(2)(h) ss. 553.899 and 718.301(4)(p) . 763 
 19.  A copy of the association's most recent structural 764 
integrity reserve study or a statement that the association has 765 
not completed a structural integrity reserve study . 766 
 (d)  Milestone inspection or structural integrity reserve 767 
study.— 768 
 1.  If the association is required to have a milestone 769 
inspection as described in ss. 553.899 and 718.112(2)(h) or a 770 
structural integrity reserve study as described in s. 771 
718.112(2)(g), and the association has not completed the 772 
milestone inspection or structural integrity reserve study, each 773 
contract entered into on or after January 1, 2025, for the sale 774 
of a residential unit must contain in conspicuous type a 775     
 
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statement indicating that th e association is required to have a 776 
milestone inspection or a structural integrity reserve study and 777 
the association has failed to complete such inspection or study, 778 
as applicable. 779 
 2.  If the association is required to have a milestone 780 
inspection as described in ss. 553.899 and 718.112(2)(h) or a 781 
structural integrity reserve study as described in s. 782 
718.112(2)(g), and the association has completed such inspection 783 
or study, each contract entered into on or after January 1, 784 
2025, for the sale of a residentia l unit must contain a copy of 785 
the most recent milestone inspection report or structural 786 
integrity reserve study, as applicable. 787 
 3.  If the association is not required to have a milestone 788 
inspection as described in ss. 553.899 and 718.112(2)(h) or a 789 
structural integrity reserve study as described in s. 790 
718.112(2)(g), each contract entered into on or after January 1, 791 
2025, for the sale of a residential unit must contain in 792 
conspicuous type a statement indicating that the association is 793 
not required to have a milestone inspection or a structural 794 
integrity reserve study, as applicable. 795 
 (2)  NONDEVELOPER DISCLOSURE. — 796 
 (a)  Each unit owner who is not a developer as defined by 797 
this chapter must comply with this subsection before the sale of 798 
his or her unit. Each prospective purchaser who has entered into 799 
a contract for the purchase of a condominium unit is entitled, 800     
 
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at the seller's expense, to a current copy of all of the 801 
following: 802 
 1.  The declaration of condominium. 803 
 2.  Articles of incorporation of the associa tion. 804 
 3.  Bylaws and rules of the association. 805 
 4.  Financial information required by s. 718.111. 806 
 5.  A copy of the inspector -prepared summary of the 807 
milestone inspection report as described in ss. 553.899 and 808 
718.112(2)(h) ss. 553.899 and 718.301(4)(p) , if applicable. 809 
 6.  The association's most recent structural integrity 810 
reserve study or a statement that the association has not 811 
completed a structural integrity reserve study. 812 
 7.  The document entitled "Frequently Asked Questions and 813 
Answers" required by s. 718.504. 814 
 (e)1.  If the association is required to have a milestone 815 
inspection as described in ss. 553.899 and 718.112(2)(h) or a 816 
structural integrity reserve study as described in s. 817 
718.112(2)(g), and the association has not completed the 818 
milestone inspection or structural integrity reserve study, each 819 
contract entered into on or after January 1, 2025, for the sale 820 
of a residential unit must contain in conspicuous type a 821 
statement indicating that the association is required to have a 822 
milestone inspection or a structural integrity reserve study and 823 
the association has failed to complete such inspection or study, 824 
as applicable. 825     
 
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 2.  If the association is required to have a milestone 826 
inspection as described in ss. 553.899 and 718.112(2)(h) or a 827 
structural integrity reserve study as described in s. 828 
718.112(2)(g), and the association has completed such inspection 829 
or study, each contract entered into on or after January 1, 830 
2025, for the sale of a residential unit must contain a copy of 831 
the most recent milest one inspection report or structural 832 
integrity reserve study, as applicable. 833 
 3.  If the association is not required to have a milestone 834 
inspection as described in ss. 553.899 and 718.112(2)(h) or a 835 
structural integrity reserve study as described in s. 836 
718.112(2)(g), each contract entered into on or after January 1, 837 
2025, for the sale of a residential unit must contain in 838 
conspicuous type a statement indicating that the association is 839 
not required to have a milestone inspection or a structural 840 
integrity reserve study, as applicable. 841 
 Section 10.  Subsection (24) of section 719.103, Florida 842 
Statutes, is amended to read: 843 
 719.103  Definitions. —As used in this chapter: 844 
 (24)  "Structural integrity reserve study" means a study of 845 
the reserve funds required for future major repairs and 846 
replacement of the common areas based on a visual inspection of 847 
the common areas. A structural integrity reserve study may be 848 
performed by any person qualified to perform such study. 849 
However, the visual inspection portion of the st ructural 850     
 
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integrity reserve study must be performed by an engineer 851 
licensed under chapter 471 , a general contractor licensed under 852 
chapter 489 with at least 5 years' experience building or 853 
constructing threshold buildings as defined in s. 553.71; a 854 
building code administrator or building code inspector licensed 855 
under part XII of chapter 468 with at least 5 years' experience 856 
inspecting threshold buildings as defined in s. 553.71; or an 857 
architect licensed under chapter 481. At a minimum, a structural 858 
integrity reserve study must identify the common areas being 859 
visually inspected, state the estimated remaining useful life 860 
and the estimated replacement cost or deferred maintenance 861 
expense of the common areas being visually inspected, and 862 
provide a recommended ann ual reserve amount that achieves the 863 
estimated replacement cost or deferred maintenance expense of 864 
each common area being visually inspected by the end of the 865 
estimated remaining useful life of each common area. 866 
 Section 11.  Paragraphs (j), (k), and (l) of subsection (1) 867 
of section 719.106, Florida Statutes, are amended to read: 868 
 719.106  Bylaws; cooperative ownership. — 869 
 (1)  MANDATORY PROVISIONS. —The bylaws or other cooperative 870 
documents shall provide for the following, and if they do not, 871 
they shall be deemed to include the following: 872 
 (j)  Annual budget.— 873 
 1.  The proposed annual budget of common expenses must be 874 
detailed and must show the amounts budgeted by accounts and 875     
 
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expense classifications, including, if applicable, but not 876 
limited to, those expe nses listed in s. 719.504(20). The board 877 
of administration shall adopt the annual budget at least 14 days 878 
before the start of the association's fiscal year. In the event 879 
that the board fails to timely adopt the annual budget a second 880 
time, it is deemed a m inor violation and the prior year's budget 881 
shall continue in effect until a new budget is adopted. 882 
 2.  In addition to annual operating expenses, the budget 883 
must include reserve accounts for capital expenditures and 884 
deferred maintenance. These accounts mus t include, but are not 885 
be limited to, roof replacement, building painting, and pavement 886 
resurfacing, regardless of the amount of deferred maintenance 887 
expense or replacement cost, and for any other items for which 888 
the deferred maintenance expense or replace ment cost exceeds 889 
$10,000, and those items listed in paragraph (k) that will 890 
require maintenance, repair, or replacement within the next 25 891 
years. The amount to be reserved for an item is determined by 892 
the association's most recent structural integrity res erve study 893 
that must be completed as provided in paragraph (k) by December 894 
31, 2024. If the amount to be reserved for an item is not in the 895 
association's initial or most recent structural integrity 896 
reserve study or the association has not completed a struc tural 897 
integrity reserve study, the amount must be computed by means of 898 
a formula which is based upon estimated remaining useful life 899 
and estimated replacement cost or deferred maintenance expense 900     
 
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of the reserve item. However, any item with a remaining usef ul 901 
life greater than 25 years is not required to be included in the 902 
study. If an association is required to complete a structural 903 
integrity reserve study, the association's budget must maintain 904 
reserves, in the amount recommended in the association's most 905 
recent structural integrity reserve study, for the items listed 906 
in paragraph (k). The association may adjust replacement reserve 907 
assessments annually to take into account any changes in 908 
estimates or extension of the useful life of a reserve item 909 
caused by deferred maintenance. The members of a unit -owner-910 
controlled association may determine, at a duly called meeting 911 
of the association, for a fiscal year to provide no reserves or 912 
reserves less adequate than required by this subsection. Before 913 
turnover of control of an association by a developer to unit 914 
owners other than a developer under s. 719.301, the developer -915 
controlled association may not vote to waive the reserves or 916 
reduce funding of the reserves. Effective December 31, 2024, a 917 
unit-owner-controlled association that is required to complete a 918 
structural integrity reserve study may not determine to provide 919 
no reserves or reserves less adequate than required by this 920 
paragraph for items listed in paragraph (k). If a meeting of the 921 
unit owners has been calle d to determine to provide no reserves, 922 
or reserves less adequate than required, and such result is not 923 
attained or a quorum is not attained, the reserves as included 924 
in the budget shall go into effect. 925     
 
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 3.  Reserve funds and any interest accruing thereon s hall 926 
remain in the reserve account or accounts, and shall be used 927 
only for authorized reserve expenditures unless their use for 928 
other purposes is approved in advance by a vote of the majority 929 
of the voting interests, voting in person or by limited proxy at 930 
a duly called meeting of the association. Before turnover of 931 
control of an association by a developer to unit owners other 932 
than the developer under s. 719.301, the developer may not vote 933 
to use reserves for purposes other than that for which they were 934 
intended. Effective December 31, 2024, members of a unit -owner-935 
controlled association that is required to complete a structural 936 
integrity reserve study may not vote to use reserve funds, or 937 
any interest accruing thereon, that are reserved for items 938 
listed in paragraph (k) for purposes other than their intended 939 
purpose. 940 
 (k)  Structural integrity reserve study. — 941 
 1.  An association must have a structural integrity reserve 942 
study completed at least every 10 years for each building on the 943 
cooperative property that is three stories or higher in height 944 
that includes, at a minimum, a study of the following items as 945 
related to the structural integrity and safety of the building: 946 
 a.  Roof. 947 
 b.  Load-bearing walls or other primary structural members. 948 
 c.  Floor. 949 
 d.  Foundation. 950     
 
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 e.  Fireproofing and fire protection systems. 951 
 f.  Plumbing. 952 
 g.  Electrical systems. 953 
 h.  Waterproofing and exterior painting. 954 
 i.  Windows and exterior doors. 955 
 j.  Any other item that has a deferred maintenance expense 956 
or replacement cost that exceeds $10,000 and the failure to 957 
replace or maintain such item negatively affects the items 958 
listed in sub-subparagraphs a.-i., as determined by the licensed 959 
engineer, general contractor, building code administrator, 960 
building code inspector, or architect performing the visual 961 
inspection portion of the structural integrity reserve study. 962 
 2.  Before a developer turns over control of an association 963 
to unit owners other than the developer, the developer must have 964 
a structural integrity reserve study complete d for each building 965 
on the cooperative property that is three stories or higher in 966 
height. 967 
 3.  Associations that existing on or before July 1, 2022, 968 
which are controlled by unit owners other than the developer, 969 
must have a structural integrity reserve stu dy completed by 970 
December 31, 2024, for each building on the cooperative property 971 
that is three stories or higher in height. An association that 972 
is required to complete a milestone inspection on or before 973 
December 31, 2026, in accordance with s. 553.899, ma y complete 974 
the structural integrity reserve study simultaneously with the 975     
 
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milestone inspection. In no event may the structural integrity 976 
reserve study be completed after December 31, 2026. 977 
 4.  If an association fails to complete a structural 978 
integrity reserve study pursuant to this paragraph, such failure 979 
is a breach of an officer's and director's fiduciary 980 
relationship to the unit owners under s. 719.104(8). 981 
 5.  If the milestone inspection required by s. 553.899, or 982 
an inspection completed for a similar local requirement, was 983 
performed within the past 5 years and meets the requirements of 984 
this paragraph, such inspection may be used in place of the 985 
visual inspection portion of the structural integrity reserve 986 
study. 987 
 (l)  Mandatory milestone inspections. —If an association is 988 
required to have a milestone inspection performed pursuant to s. 989 
553.899, the association must arrange for the milestone 990 
inspection to be performed and is responsible for ensuring 991 
compliance with the requirements of s. 553.899. The asso ciation 992 
is responsible for all costs associated with the inspection. If 993 
the officers or directors of an association willfully and 994 
knowingly fail to have a milestone inspection performed pursuant 995 
to s. 553.899, such failure is a breach of the officers' and 996 
directors' fiduciary relationship to the unit owners under s. 997 
719.104(8)(a). Within 60 days after Upon completion of a phase 998 
one or phase two milestone inspection and receipt of the 999 
inspector-prepared summary of the milestone inspection report 1000     
 
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from any phase one or phase two milestone inspection the 1001 
architect or engineer who performed the inspection , the 1002 
association must distribute a copy of the inspector -prepared 1003 
summary of the inspection report to each unit owner, regardless 1004 
of the findings or recommendat ions in the report, by United 1005 
States mail or personal delivery and by electronic transmission 1006 
to unit owners who previously consented to receive notice by 1007 
electronic transmission; must post a copy of the inspector -1008 
prepared summary in a conspicuous place on the cooperative 1009 
property; and must publish the full report and inspector -1010 
prepared summary on the association's website, if the 1011 
association is required to have a website. If the visual 1012 
inspection portion of the structural integrity reserve study 1013 
required under paragraph (k) was performed within the past 5 1014 
years and meets the requirements for a milestone inspection in 1015 
s. 553.899, such inspection may be used in place of the phase 1016 
one milestone inspection. 1017 
 Section 12.  Section 719.132, Florida Statutes, is created 1018 
to read: 1019 
 719.132  Injunctive relief. — 1020 
 (1)  A unit owner may institute an action in a court of 1021 
competent jurisdiction in which the cooperative is located to 1022 
seek injunctive relief against the association to: 1023 
 (a)  Enforce compliance with mileston e inspection 1024 
requirements under s. 553.899 and structural integrity reserve 1025     
 
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requirements under s. 719.106(1)(k). 1026 
 (b)  Prevent irreparable injury to unit owners and the 1027 
association and to protect human health, safety, and welfare 1028 
caused or threatened by an y violation of the milestone 1029 
inspection requirements under s. 553.899 and structural 1030 
integrity reserve requirements under s. 719.106(1)(k). 1031 
 (2)  The division may, in the name of the state, seek 1032 
injunctive relief in any court of competent jurisdiction in 1033 
which the cooperative is located to obtain relief against the 1034 
association to enforce compliance with milestone inspection 1035 
requirements under s. 553.899. A proceeding commenced under this 1036 
subsection is in addition to, and not in lieu of, any other 1037 
penalty or remedy under this chapter. 1038 
 (3)  Any local authority having jurisdiction to enforce 1039 
milestone inspection requirements may seek injunctive relief 1040 
from any court of competent jurisdiction in which the 1041 
cooperative is located against the association to enforce 1042 
compliance with milestone inspection requirements under s. 1043 
553.899, upon an affidavit of the local authority having 1044 
jurisdiction specifying the manner in which the cooperative does 1045 
not conform to the requirements of s. 553.899. 1046 
 Section 13.  Paragraph (p) of subsection (4) of section 1047 
719.301, Florida Statutes, is amended to read: 1048 
 719.301  Transfer of association control. — 1049 
 (4)  When unit owners other than the developer elect a 1050     
 
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majority of the members of the board of administration of an 1051 
association, the developer shall relinquish control of the 1052 
association, and the unit owners shall accept control. 1053 
Simultaneously, or for the purpose of paragraph (c) not more 1054 
than 90 days thereafter, the developer shall deliver to the 1055 
association, at the developer' s expense, all property of the 1056 
unit owners and of the association held or controlled by the 1057 
developer, including, but not limited to, the following items, 1058 
if applicable, as to each cooperative operated by the 1059 
association: 1060 
 (p)  Notwithstanding when the cer tificate of occupancy was 1061 
issued or the height of the building, a milestone inspection 1062 
report in compliance with s. 553.899 included in the official 1063 
records, under seal of an architect or engineer or under 1064 
attestation of a general contractor, building code 1065 
administrator, or building code inspector authorized to practice 1066 
in this state indicating that such report complies with the 1067 
statutory requirements for the inspection , attesting to required 1068 
maintenance, condition, useful life, and replacement costs of 1069 
the following applicable cooperative property comprising a 1070 
turnover inspection report: 1071 
 1.  Roof. 1072 
 2.  Structure, including load -bearing walls and primary 1073 
structural members and primary structural systems as those terms 1074 
are defined in s. 627.706. 1075     
 
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 3.  Fireproofing and fire protection systems. 1076 
 4.  Elevators. 1077 
 5.  Heating and cooling systems. 1078 
 6.  Plumbing. 1079 
 7.  Electrical systems. 1080 
 8.  Swimming pool or spa and equipment. 1081 
 9.  Seawalls. 1082 
 10.  Pavement and parking areas. 1083 
 11.  Drainage systems. 1084 
 12.  Painting. 1085 
 13.  Irrigation systems. 1086 
 14.  Waterproofing. 1087 
 Section 14.  Paragraph (b) of subsection (1) and paragraph 1088 
(a) of subsection (2) of section 719.503, Florida Statutes, are 1089 
amended, and paragraph (d) is added to subsection (1) and 1090 
paragraph (d) is added to subsection (2) of that section, to 1091 
read: 1092 
 719.503  Disclosure prior to sale. — 1093 
 (1)  DEVELOPER DISCLOSURE. — 1094 
 (b)  Copies of documents to be furnished to prospective 1095 
buyer or lessee.—Until such time as the developer has furnished 1096 
the documents listed below t o a person who has entered into a 1097 
contract to purchase a unit or lease it for more than 5 years, 1098 
the contract may be voided by that person, entitling the person 1099 
to a refund of any deposit together with interest thereon as 1100     
 
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provided in s. 719.202. The contra ct may be terminated by 1101 
written notice from the proposed buyer or lessee delivered to 1102 
the developer within 15 days after the buyer or lessee receives 1103 
all of the documents required by this section. The developer may 1104 
not close for 15 days after the execution of the agreement and 1105 
delivery of the documents to the buyer as evidenced by a receipt 1106 
for documents signed by the buyer unless the buyer is informed 1107 
in the 15-day voidability period and agrees to close before the 1108 
expiration of the 15 days. The developer s hall retain in his or 1109 
her records a separate signed agreement as proof of the buyer's 1110 
agreement to close before the expiration of the voidability 1111 
period. The developer must retain such proof for a period of 5 1112 
years after the date of the closing transaction . The documents 1113 
to be delivered to the prospective buyer are the prospectus or 1114 
disclosure statement with all exhibits, if the development is 1115 
subject to s. 719.504, or, if not, then copies of the following 1116 
which are applicable: 1117 
 1.  The question and answer sheet described in s. 719.504, 1118 
and cooperative documents, or the proposed cooperative documents 1119 
if the documents have not been recorded, which shall include the 1120 
certificate of a surveyor approximately representing the 1121 
locations required by s. 719.104. 1122 
 2.  The documents creating the association. 1123 
 3.  The bylaws. 1124 
 4.  The ground lease or other underlying lease of the 1125     
 
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cooperative. 1126 
 5.  The management contract, maintenance contract, and 1127 
other contracts for management of the association and operation 1128 
of the cooperative and facilities used by the unit owners having 1129 
a service term in excess of 1 year, and any management contracts 1130 
that are renewable. 1131 
 6.  The estimated operating budget for the cooperative and 1132 
a schedule of expenses for each type of unit, including fees 1133 
assessed to a shareholder who has exclusive use of limited 1134 
common areas, where such costs are shared only by those entitled 1135 
to use such limited common areas. 1136 
 7.  The lease of recreational and other facilities that 1137 
will be used only by unit owners of the subject cooperative. 1138 
 8.  The lease of recreational and other common areas that 1139 
will be used by unit owners in common with unit owners of other 1140 
cooperatives. 1141 
 9.  The form of unit lease if the offer is of a leasehold. 1142 
 10.  Any declaration of servitude of properties serving the 1143 
cooperative but not owned by unit owners or leased to them or 1144 
the association. 1145 
 11.  If the development is to be built in phases or if the 1146 
association is to manage more than one cooperative, a 1147 
description of the plan of phase dev elopment or the arrangements 1148 
for the association to manage two or more cooperatives. 1149 
 12.  If the cooperative is a conversion of existing 1150     
 
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improvements, the statements and disclosure required by s. 1151 
719.616. 1152 
 13.  The form of agreement for sale or lease of u nits. 1153 
 14.  A copy of the floor plan of the unit and the plot plan 1154 
showing the location of the residential buildings and the 1155 
recreation and other common areas. 1156 
 15.  A copy of all covenants and restrictions that will 1157 
affect the use of the property and are not contained in the 1158 
foregoing. 1159 
 16.  If the developer is required by state or local 1160 
authorities to obtain acceptance or approval of any dock or 1161 
marina facilities intended to serve the cooperative, a copy of 1162 
any such acceptance or approval acquired by the time of filing 1163 
with the division pursuant to s. 719.502(1) or a statement that 1164 
such acceptance or approval has not been acquired or received. 1165 
 17.  Evidence demonstrating that the developer has an 1166 
ownership, leasehold, or contractual interest in the land u pon 1167 
which the cooperative is to be developed. 1168 
 18.  A copy of the inspector -prepared summary of the 1169 
milestone inspection report as described in ss. 553.899 and 1170 
719.106(1)(l) ss. 553.899 and 719.301(4)(p) , if applicable. 1171 
 19.  A copy of the association's mo st recent structural 1172 
integrity reserve study or a statement that the association has 1173 
not completed a structural integrity reserve study. 1174 
 (d)  Milestone inspection or structural integrity reserve 1175     
 
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study.— 1176 
 1.  If the association is required to have a milest one 1177 
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1178 
structural integrity reserve study as described in s. 1179 
719.106(1)(k), and the association has not completed the 1180 
milestone inspection or structural integrity reserve study, each 1181 
contract entered into on or after January 1, 2025, for the sale 1182 
of a residential unit must contain in conspicuous type a 1183 
statement indicating that the association is required to have a 1184 
milestone inspection or a structural integrity reserve study and 1185 
the association has failed to complete such inspection or study, 1186 
as applicable. 1187 
 2.  If the association is required to have a milestone 1188 
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1189 
structural integrity reserve study as described in s. 1190 
719.106(1)(k), and the a ssociation has completed such inspection 1191 
or study, each contract entered into on or after January 1, 1192 
2025, for the sale of a residential unit must contain a copy of 1193 
the most recent milestone inspection report or structural 1194 
integrity reserve study, as appli cable. 1195 
 3.  If the association is not required to have a milestone 1196 
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1197 
structural integrity reserve study as described in s. 1198 
719.106(1)(k), each contract entered into on or after January 1, 1199 
2025, for the sale of a residential unit must contain in 1200     
 
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conspicuous type a statement indicating that the association is 1201 
not required to have a milestone inspection or a structural 1202 
integrity reserve study, as applicable. 1203 
 (2)  NONDEVELOPER DISCLOSURE. — 1204 
 (a)  Each unit owner who is not a developer as defined by 1205 
this chapter must comply with this subsection before the sale of 1206 
his or her interest in the association. Each prospective 1207 
purchaser who has entered into a contract for the purchase of an 1208 
interest in a coopera tive is entitled, at the seller's expense, 1209 
to a current copy of all of the following: 1210 
 1.  The articles of incorporation of the association. 1211 
 2.  The bylaws and rules of the association. 1212 
 3.  A copy of the question and answer sheet as provided in 1213 
s. 719.504. 1214 
 4.  A copy of the inspector -prepared summary of the 1215 
milestone inspection report as described in ss. 553.899 and 1216 
719.106(1)(l) ss. 553.899 and 719.301(4)(p) , if applicable. 1217 
 5.  A copy of the association's most recent structural 1218 
integrity reserve study or a statement that the association has 1219 
not completed a structural integrity reserve study. 1220 
 (d)1.  If the association is required to have a milestone 1221 
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1222 
structural integrity reserve study as descr ibed in s. 1223 
719.106(1)(k), and the association has not completed the 1224 
milestone inspection or structural integrity reserve study, each 1225     
 
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contract entered into on or after January 1, 2025, for the sale 1226 
of a residential unit must contain in conspicuous type a 1227 
statement indicating that the association is required to have a 1228 
milestone inspection or a structural integrity reserve study and 1229 
the association has failed to complete such inspection or study, 1230 
as applicable. 1231 
 2.  If the association is required to have a mil estone 1232 
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1233 
structural integrity reserve study as described in s. 1234 
719.106(1)(k), and the association has completed such inspection 1235 
or study, each contract entered into on or after January 1, 1236 
2025, for the sale of a residential unit must contain a copy of 1237 
the most recent milestone inspection report or structural 1238 
integrity reserve study, as applicable. 1239 
 3.  If the association is not required to have a milestone 1240 
inspection as described in ss. 553.899 and 719.106(1)(l) or a 1241 
structural integrity reserve study as described in s. 1242 
719.106(1)(k), each contract entered into on or after January 1, 1243 
2025, for the sale of a residential unit must contain in 1244 
conspicuous type a statement indicating that the association is 1245 
not required to have a milestone inspection or a structural 1246 
integrity reserve study, as applicable. 1247 
 Section 15.  Except as otherwise expressly provided in this 1248 
act, this act shall take effect July 1, 2023. 1249