CODING: Words stricken are deletions; words underlined are additions. 

308-2394-04

  1                      A bill to be entitled
  2         An act relating to condominium and community
  3         associations; amending s. 718.111, F.S.;
  4         providing immunity from liability for certain
  5         information provided by associations to
  6         prospective purchasers or lienholders under
  7         certain circumstances; amending s. 720.303,
  8         F.S.; requiring specific notice to be given to
  9         association members before certain assessments
10         or rule changes may be considered at a meeting;
11         amending s. 768.1325, F.S.; providing immunity
12         from civil liability for community associations
13         that provide automated defibrillator devices
14         under certain circumstances; prohibiting
15         insurers from requiring associations to
16         purchase medical malpractice coverage as a
17         condition of issuing other coverage;
18         prohibiting insurers from excluding from
19         coverage under a general liability policy
20         damages resulting from the use of an automated
21         external defibrillator device; amending ss.
22         718.112 and 719.1055, F.S.; revising
23         notification and voting procedures with respect
24         to any vote to forego retrofitting of the
25         common areas of condominiums and cooperatives
26         with fire sprinkler systems; amending s.
27         718.503, F.S.; requiring unit owners who are
28         not developers to provide a specific question
29         and answer disclosure document to certain
30         prospective purchasers; creating s. 720.401,
31         F.S.; providing legislative intent relating to

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 1         the revival of governance of a community;
 2         creating s. 720.402, F.S.; providing
 3         eligibility to revive governance documents;
 4         specifying prerequisites to reviving governance
 5         documents; creating s. 720.403, F.S.; requiring
 6         the formation of an organizing committee;
 7         providing for membership; providing duties and
 8         responsibilities of the organizing committee;
 9         directing the organizing committee to prepare
10         certain documents; providing for the contents
11         of the documents; providing for a vote of the
12         eligible parcel owners; creating s. 720.404,
13         F.S.; directing the organizing committee to
14         file certain documents with the Department of
15         Community Affairs; specifies the content of the
16         submission to the department; requiring the
17         department to approve or disapprove the request
18         to revive the governance documents within a
19         specified time period; creating s. 720.405,
20         F.S.; requiring the organizing committee to
21         file and record certain documents within a
22         specified time period; directing the organizing
23         committee to give all affected parcel owners a
24         copy of the documents filed and recorded;
25         amending ss. 720.301 and 720.302, F.S.;
26         conforming provisions to changes made by the
27         act; amending s. 718.110, F.S.; restricting the
28         application of certain amendments restricting
29         owners' rental rights; providing an effective
30         date.
31  
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 1  Be It Enacted by the Legislature of the State of Florida:
 2  
 3         Section 1.  Paragraph (e) of subsection (12) of section
 4  718.111, Florida Statutes, is amended to read:
 5         718.111  The association.--
 6         (12)  OFFICIAL RECORDS.--
 7         (e)1.  The association or its authorized agent is shall
 8  not be required to provide a prospective purchaser or
 9  lienholder with information about the condominium or the
10  association other than information or documents required by
11  this chapter to be made available or disclosed. The
12  association or its authorized agent may shall be entitled to
13  charge a reasonable fee to the prospective purchaser,
14  lienholder, or the current unit owner for its time in
15  providing good faith responses to requests for information by
16  or on behalf of a prospective purchaser or lienholder, other
17  than that required by law, if the provided that such fee does
18  shall not exceed $150 plus the reasonable cost of photocopying
19  and any attorney's fees incurred by the association in
20  connection with the association's response.
21         2.  An association and its authorized agent are not
22  liable for providing such information in good faith pursuant
23  to a written request if the person providing the information
24  includes a written statement in substantially the following
25  form: "The responses herein are made in good faith and to the
26  best of my ability as to their accuracy."
27         Section 2.  Subsection (2) of section 720.303, Florida
28  Statutes, is amended to read:
29         720.303  Association powers and duties; meetings of
30  board; official records; budgets; financial reporting.--
31  
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 1         (2)  BOARD MEETINGS.--A meeting of the board of
 2  directors of an association occurs whenever a quorum of the
 3  board gathers to conduct association business.  All meetings
 4  of the board must be open to all members except for meetings
 5  between the board and its attorney with respect to proposed or
 6  pending litigation where the contents of the discussion would
 7  otherwise be governed by the attorney-client privilege.
 8  Notices of all board meetings must be posted in a conspicuous
 9  place in the community at least 48 hours in advance of a
10  meeting, except in an emergency.  In the alternative, if
11  notice is not posted in a conspicuous place in the community,
12  notice of each board meeting must be mailed or delivered to
13  each member at least 7 days before the meeting, except in an
14  emergency. Notwithstanding this general notice requirement,
15  for communities with more than 100 members, the bylaws may
16  provide for a reasonable alternative to posting or mailing of
17  notice for each board meeting, including publication of
18  notice, provision of a schedule of board meetings, or the
19  conspicuous posting and repeated broadcasting of the notice on
20  a closed-circuit cable television system serving the
21  homeowners' association. However, if broadcast notice is used
22  in lieu of a notice posted physically in the community, the
23  notice must be broadcast at least four times every broadcast
24  hour of each day that a posted notice is otherwise required.
25  When broadcast notice is provided, the notice and agenda must
26  be broadcast in a manner and for a sufficient continuous
27  length of time so as to allow an average reader to observe the
28  notice and read and comprehend the entire content of the
29  notice and the agenda. The bylaws or amended bylaws may
30  provide for giving notice by electronic transmission in a
31  manner authorized by law for meetings of the board of

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 1  directors, committee meetings requiring notice under this
 2  section, and annual and special meetings of the members;
 3  however, a member must consent in writing to receiving notice
 4  by electronic transmission. An assessment may not be levied at
 5  a board meeting unless a written the notice of the meeting is
 6  provided to all members at least 14 days before the meeting,
 7  which notice includes a statement that assessments will be
 8  considered at the meeting and the nature of the assessments.
 9  Rules that regulate the use of parcels in the community may
10  not be adopted, amended, or revoked at a board meeting unless
11  a written meeting notice is provided to all members at least
12  14 days before the meeting, which notice includes a statement
13  that changes to the rules regarding the use of parcels will be
14  considered at the meeting. Directors may not vote by proxy or
15  by secret ballot at board meetings, except that secret ballots
16  may be used in the election of officers.  This subsection also
17  applies to the meetings of any committee or other similar
18  body, when a final decision will be made regarding the
19  expenditure of association funds, and to any body vested with
20  the power to approve or disapprove architectural decisions
21  with respect to a specific parcel of residential property
22  owned by a member of the community.
23         Section 3.  Subsection (3) of section 768.1325, Florida
24  Statutes, is amended, and subsection (6) is added to that
25  section, to read:
26         768.1325  Cardiac Arrest Survival Act; immunity from
27  civil liability.--
28         (3)  Notwithstanding any other provision of law to the
29  contrary, and except as provided in subsection (4), any person
30  who uses or attempts to use an automated external
31  defibrillator device on a victim of a perceived medical

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 1  emergency, without objection of the victim of the perceived
 2  medical emergency, is immune from civil liability for any harm
 3  resulting from the use or attempted use of such device.  In
 4  addition, any person who acquired the device, including, but
 5  not limited to, a community association organized under
 6  chapter 617, chapter 718, chapter 719, chapter 720, chapter
 7  721, or chapter 723, is immune from such liability, if the
 8  harm was not due to the failure of such acquirer of the device
 9  to:
10         (a)  Notify the local emergency medical services
11  medical director of the most recent placement of the device
12  within a reasonable period of time after the device was
13  placed;
14         (b)  Properly maintain and test the device; or
15         (c)  Provide appropriate training in the use of the
16  device to an employee or agent of the acquirer when the
17  employee or agent was the person who used the device on the
18  victim, except that such requirement of training does not
19  apply if:
20         1.  The employee or agent was not an employee or agent
21  who would have been reasonably expected to use the device; or
22         2.  The period of time elapsing between the engagement
23  of the person as an employee or agent and the occurrence of
24  the harm, or between the acquisition of the device and the
25  occurrence of the harm in any case in which the device was
26  acquired after engagement of the employee or agent, was not a
27  reasonably sufficient period in which to provide the training.
28         (6)  An insurer may not require an acquirer of an
29  automated external defibrillator device which is a community
30  association organized under chapter 617, chapter 718, chapter
31  719, chapter 720, chapter 721, or chapter 723 to purchase

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 1  medical malpractice liability coverage as a condition of
 2  issuing any other coverage carried by the association, and an
 3  insurer may not exclude damages resulting from the use of an
 4  automated external defibrillator device from coverage under a
 5  general liability policy issued to an association.
 6         Section 4.  Paragraphs (f) and (l) of subsection (2) of
 7  section 718.112, Florida Statutes, are amended to read:
 8         718.112  Bylaws.--
 9         (2)  REQUIRED PROVISIONS.--The bylaws shall provide for
10  the following and, if they do not do so, shall be deemed to
11  include the following:
12         (f)  Annual budget.--
13         1.  The proposed annual budget of common expenses shall
14  be detailed and shall show the amounts budgeted by accounts
15  and expense classifications, including, if applicable, but not
16  limited to, those expenses listed in s. 718.504(21). A
17  multicondominium association shall adopt a separate budget of
18  common expenses for each condominium the association operates
19  and shall adopt a separate budget of common expenses for the
20  association. In addition, if the association maintains limited
21  common elements with the cost to be shared only by those
22  entitled to use the limited common elements as provided for in
23  s. 718.113(1), the budget or a schedule attached thereto shall
24  show amounts budgeted therefor. If, after turnover of control
25  of the association to the unit owners, any of the expenses
26  listed in s. 718.504(21) are not applicable, they need not be
27  listed.
28         2.  In addition to annual operating expenses, the
29  budget shall include reserve accounts for capital expenditures
30  and deferred maintenance. These accounts shall include, but
31  are not limited to, roof replacement, building painting, and

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 1  pavement resurfacing, regardless of the amount of deferred
 2  maintenance expense or replacement cost, and for any other
 3  item for which the deferred maintenance expense or replacement
 4  cost exceeds $10,000. The amount to be reserved shall be
 5  computed by means of a formula which is based upon estimated
 6  remaining useful life and estimated replacement cost or
 7  deferred maintenance expense of each reserve item.  The
 8  association may adjust replacement reserve assessments
 9  annually to take into account any changes in estimates or
10  extension of the useful life of a reserve item caused by
11  deferred maintenance. This subsection does not apply to an
12  adopted budget in which the members of an association have
13  determined, by a majority vote at a duly called meeting of the
14  association, to provide no reserves or less reserves than
15  required by this subsection. However, prior to turnover of
16  control of an association by a developer to unit owners other
17  than a developer pursuant to s. 718.301, the developer may
18  vote to waive the reserves or reduce the funding of reserves
19  for the first 2 fiscal years of the association's operation,
20  beginning with the fiscal year in which the initial
21  declaration is recorded, after which time reserves may be
22  waived or reduced only upon the vote of a majority of all
23  nondeveloper voting interests voting in person or by limited
24  proxy at a duly called meeting of the association. If a
25  meeting of the unit owners has been called to determine
26  whether to waive or reduce the funding of reserves, and no
27  such result is achieved or a quorum is not attained, the
28  reserves as included in the budget shall go into effect. After
29  the turnover, the developer may vote its voting interest to
30  waive or reduce the funding of reserves.
31  
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 1         3.  Reserve funds and any interest accruing thereon
 2  shall remain in the reserve account or accounts, and shall be
 3  used only for authorized reserve expenditures unless their use
 4  for other purposes is approved in advance by a majority vote
 5  at a duly called meeting of the association. Prior to turnover
 6  of control of an association by a developer to unit owners
 7  other than the developer pursuant to s. 718.301, the
 8  developer-controlled association shall not vote to use
 9  reserves for purposes other than that for which they were
10  intended without the approval of a majority of all
11  nondeveloper voting interests, voting in person or by limited
12  proxy at a duly called meeting of the association.
13         4.  In a multicondominium association, The only voting
14  interests which are eligible to vote on questions that involve
15  waiving or reducing the funding of reserves, or using existing
16  reserve funds for purposes other than purposes for which the
17  reserves were intended, are the voting interests of the units
18  subject to assessment to fund the reserves in question.
19         (l)  Certificate of compliance.--There shall be a
20  provision that a certificate of compliance from a licensed
21  electrical contractor or electrician may be accepted by the
22  association's board as evidence of compliance of the
23  condominium units with the applicable fire and life safety
24  code. Notwithstanding the provisions of chapter 633 or of any
25  other code, statute, ordinance, administrative rule, or
26  regulation, or any interpretation of the foregoing, an
27  association, condominium, or unit owner is not obligated to
28  retrofit the common elements or units of a residential
29  condominium with a fire sprinkler system or other engineered
30  lifesafety system in a building that has been certified for
31  occupancy by the applicable governmental entity, if the unit

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 1  owners have voted to forego such retrofitting and engineered
 2  lifesafety system by the affirmative vote of two-thirds of all
 3  voting interests in the affected condominium. However, a
 4  condominium association may not vote to forego the
 5  retrofitting with a fire sprinkler system of common areas in a
 6  high-rise building. For purposes of this subsection, the term
 7  "high-rise building" means a building that is greater than 75
 8  feet in height where the building height is measured from the
 9  lowest level of fire department access to the floor of the
10  highest occupiable story. For purposes of this subsection, the
11  term "common areas" means any enclosed hallway, corridor,
12  lobby, stairwell, or entryway. In no event shall the local
13  authority having jurisdiction require completion of
14  retrofitting of common areas with a sprinkler system before
15  the end of 2014.
16         1.  A vote to forego retrofitting may not be obtained
17  by general proxy or limited proxy or by a ballot, but shall be
18  obtained by a vote personally cast at a duly called membership
19  meeting, or by execution of a written consent by the member,
20  and shall be effective upon the recording of a certificate
21  attesting to such vote in the public records of the county
22  where the condominium is located. The association shall mail,
23  hand deliver, or electronically transmit to provide each unit
24  owner written notice at least 14 days prior to such membership
25  meeting in which of the vote to forego retrofitting of the
26  required fire sprinkler system is to take place, in at least
27  16-point bold type, by certified mail, within 20 days after
28  the association's vote. After such notice is provided to each
29  owner, a copy of such notice shall be provided by the current
30  owner to a new owner prior to closing and shall be provided by
31  a unit owner to a renter prior to signing a lease.

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 1         2.  As part of the information collected annually from
 2  condominiums, the division shall require condominium
 3  associations to report the membership vote and recording of a
 4  certificate under this subsection and, if retrofitting has
 5  been undertaken, the per-unit cost of such work. The division
 6  shall annually report to the Division of State Fire Marshal of
 7  the Department of Financial Services the number of
 8  condominiums that have elected to forego retrofitting.
 9         Section 5.  Paragraph (a) of subsection (5) of section
10  719.1055, Florida Statutes, is amended to read:
11         719.1055  Amendment of cooperative documents;
12  alteration and acquisition of property.--
13         (5)  Notwithstanding the provisions of chapter 633 or
14  of any other code, statute, ordinance, administrative rule, or
15  regulation, or any interpretation of the foregoing, a
16  cooperative or unit owner is not obligated to retrofit the
17  common elements or units of a residential cooperative with a
18  fire sprinkler system or other engineered life safety system
19  in a building that has been certified for occupancy by the
20  applicable governmental entity, if the unit owners have voted
21  to forego such retrofitting and engineered life safety system
22  by the affirmative vote of two-thirds of all voting interests
23  in the affected cooperative. However, a cooperative may not
24  forego the retrofitting with a fire sprinkler system of common
25  areas in a high-rise building. For purposes of this
26  subsection, the term "high-rise building" means a building
27  that is greater than 75 feet in height where the building
28  height is measured from the lowest level of fire department
29  access to the floor of the highest occupiable story. For
30  purposes of this subsection, the term "common areas" means any
31  enclosed hallway, corridor, lobby, stairwell, or entryway. In

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 1  no event shall the local authority having jurisdiction require
 2  completion of retrofitting of common areas with a sprinkler
 3  system before the end of 2014.
 4         (a)  A vote to forego retrofitting may not be obtained
 5  by general proxy or limited proxy or by a ballot, but shall be
 6  obtained by a vote personally cast at a duly called membership
 7  meeting, or by execution of a written consent by the member,
 8  and shall be effective upon the recording of a certificate
 9  attesting to such vote in the public records of the county
10  where the cooperative is located. The association shall mail,
11  hand deliver, or electronically transmit to provide each unit
12  owner written notice at least 14 days prior to such membership
13  meeting in which of the vote to forego retrofitting of the
14  required fire sprinkler system is to take place, in at least
15  16-point bold type, by certified mail, within 20 days after
16  the association's vote. After such notice is provided to each
17  owner, a copy of such notice shall be provided by the current
18  owner to a new owner prior to closing and shall be provided by
19  a unit owner to a renter prior to signing a lease.
20         Section 6.  Subsection (2) of section 718.503, Florida
21  Statutes, is amended to read:
22         718.503  Developer disclosure prior to sale;
23  nondeveloper unit owner disclosure prior to sale;
24  voidability.--
25         (2)  NONDEVELOPER DISCLOSURE.--
26         (a)  Each unit owner who is not a developer as defined
27  by this chapter shall comply with the provisions of this
28  subsection prior to the sale of his or her unit.  Each
29  prospective purchaser who has entered into a contract for the
30  purchase of a condominium unit is entitled, at the seller's
31  expense, to a current copy of the declaration of condominium,

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 1  articles of incorporation of the association, bylaws, and
 2  rules of the association, and a copy of the financial
 3  information required by s. 718.111, and the document entitled
 4  "Frequently Asked Questions and Answers" required by s.
 5  718.504.
 6         (b)  If a person licensed under part I of chapter 475
 7  provides to or otherwise obtains for a prospective purchaser
 8  the documents described in this subsection, the person is not
 9  liable for any error or inaccuracy contained in the documents.
10         (c)  Each contract entered into after July 1, 1992, for
11  the resale of a residential unit shall contain in conspicuous
12  type either:
13         1.  A clause which states:  THE BUYER HEREBY
14  ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF
15  THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF
16  THE ASSOCIATION, BYLAWS AND, RULES OF THE ASSOCIATION, AND A
17  COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND
18  FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3
19  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR
20  TO EXECUTION OF THIS CONTRACT; or
21         2.  A clause which states:  THIS AGREEMENT IS VOIDABLE
22  BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION
23  TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND
24  LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT
25  BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE
26  DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS
27  AND, RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT
28  YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS
29  AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED
30  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT.
31  BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE

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 1  THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS,
 2  AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF
 3  INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND A
 4  COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND
 5  FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED
 6  IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
 7  TERMINATE AT CLOSING.
 8  
 9  A contract that does not conform to the requirements of this
10  paragraph is voidable at the option of the purchaser prior to
11  closing.
12         Section 7.  Section 720.401, Florida Statutes, is
13  created to read:
14         720.401  Preservation of residential communities;
15  revival of declaration of covenants.--
16         (1)  Consistent with required and optional elements of
17  local comprehensive plans and other applicable provisions of
18  the Local Government Comprehensive Planning and Land
19  Development Regulation Act, homeowners are encouraged to
20  preserve existing residential communities, promote available
21  and affordable housing, protect structural and aesthetic
22  elements of their residential community, and, as applicable,
23  maintain roads and streets, easements, water and sewer
24  systems, utilities, drainage improvements, conservation and
25  open areas, recreational amenities, and other infrastructure
26  and common areas that serve and support the residential
27  community by the revival of a previous declaration of
28  covenants and other governing documents that may have ceased
29  to govern some or all parcels in the community.
30         (2)  In order to preserve a residential community and
31  the associated infrastructure and common areas for the

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 1  purposes described in this section, the parcel owners in a
 2  community that was previously subject to a declaration of
 3  covenants that has ceased to govern one or more parcels in the
 4  community may revive the declaration and the homeowners'
 5  association for the community upon approval by the parcel
 6  owners to be governed thereby as provided in this act, and
 7  upon approval of the declaration and the other governing
 8  documents for the association by the Department of Community
 9  Affairs in a manner consistent with this act.
10         Section 8.  Section 720.402, Florida Statutes, is
11  created to read:
12         720.402  Eligible residential communities; requirements
13  for revival of declaration.--Parcel owners in a community are
14  eligible to seek approval from the Department of Community
15  Affairs to revive a declaration of covenants under this act if
16  all of the following requirements are met:
17         (1)  All parcels to be governed by the revived
18  declaration must have been once governed by a previous
19  declaration that has ceased to govern some or all of the
20  parcels in the community;
21         (2)  The revived declaration must be approved in the
22  manner provided in s. 720.403(6); and
23         (3)  The revived declaration may not contain covenants
24  that are more restrictive on the parcel owners than the
25  covenants contained in the previous declaration, except that
26  the declaration may:
27         (a)  Have an effective term of longer duration than the
28  term of the previous declaration;
29         (b)  Omit restrictions contained in the previous
30  declaration;
31  
                                                                      15
 1         (c)  Govern fewer than all of the parcels governed by
 2  the previous declaration;
 3         (d)  Provide for amendments to the declaration and
 4  other governing documents; and
 5         (e)  Contain provisions required by this chapter for
 6  new declarations that were not contained in the previous
 7  declaration.
 8         Section 9.  Section 720.403, Florida Statutes, is
 9  created to read:
10         720.403  Organizing committee; parcel owner approval.--
11         (1)  The proposal to revive a declaration of covenants
12  and a homeowners' association for a community under the terms
13  of this act shall be initiated by an organizing committee
14  consisting of not less than three parcel owners located in the
15  community that is proposed to be governed by the revived
16  declaration. The name, address, and telephone number of each
17  member of the organizing committee must be included in any
18  notice or other document provided by the committee to parcel
19  owners to be affected by the proposed revived declaration.
20         (2)  The organizing committee shall prepare or cause to
21  be prepared the complete text of the proposed revised
22  declaration of covenants to be submitted to the parcel owners
23  for approval. The proposed revived documents must identify
24  each parcel that is to be subject to the governing documents
25  by its legal description, and by the name of the parcel owner
26  or the person in whose name the parcel is assessed on the last
27  completed tax assessment roll of the county at the time when
28  the proposed revived declaration is submitted for approval by
29  the parcel owners.
30         (3)  The organizing committee shall prepare the full
31  text of the proposed articles of incorporation and bylaws of

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 1  the revived homeowners' association to be submitted to the
 2  parcel owners for approval, unless the association is then an
 3  existing corporation, in which case the organizing committee
 4  shall prepare the existing articles of incorporation and
 5  bylaws to be submitted to the parcel owners.
 6         (4)  The proposed revived declaration and other
 7  governing documents for the community shall:
 8         (a)  Provide that the voting interest of each parcel
 9  owner shall be the same as the voting interest of the parcel
10  owner under the previous governing documents;
11         (b)  Provide that the proportional-assessment
12  obligations of each parcel owner shall be the same as
13  proportional-assessment obligations of the parcel owner under
14  the previous governing documents;
15         (c)  Contain the same respective amendment provisions
16  as the previous governing documents or, if there were no
17  amendment provisions in the previous governing document,
18  amendment provisions that require approval of not less than
19  two-thirds of the affected parcel owners;
20         (d)  Contain no covenants that are more restrictive on
21  the affected parcel owners than the covenants contained in the
22  previous governing documents, except as permitted under s.
23  720.402(3); and
24         (e)  Comply with the other requirements for a
25  declaration of covenants and other governing documents as
26  specified in this chapter.
27         (5)  A copy of the complete text of the proposed
28  revised declaration of covenants, the proposed new or existing
29  articles of incorporation and bylaws of the homeowners'
30  association, and a graphic depiction of the property to be
31  governed by the revived declaration shall be presented to all
                                                                      17
 1  of the affected parcel owners by mail or hand delivery not
 2  less than 14 days before the time that the consent of the
 3  affected parcel owners to the proposed governing documents is
 4  sought by the organizing committee.
 5         (6)  A majority of the affected parcel owners must
 6  agree in writing to the revived declaration of covenants and
 7  governing documents of the homeowners' association or approve
 8  the revived declaration and governing documents by a vote at a
 9  meeting of the affected parcel owners noticed and conducted in
10  the manner prescribed by s. 720.306. Proof of notice of the
11  meeting to all affected owners of the meeting and the minutes
12  of the meeting recording the votes of the property owners
13  shall be certified by a court reporter or an attorney licensed
14  to practice in the state.
15         Section 10.  Section 720.404, Florida Statutes, is
16  created to read:
17         720.404  Department of Community Affairs; submission;
18  review and determination.--
19         (1)  No later than 60 days after the date the proposed
20  revived declaration and other governing documents are approved
21  by the affected parcel owners, the organizing committee or its
22  designee must submit the proposed revived governing documents
23  and supporting materials to the Department of Community
24  Affairs to review and determine whether to approve or
25  disapprove of the proposal to preserve the residential
26  community. The submission to the department must include:
27         (a)  The full text of the proposed revived declaration
28  of covenants and articles of incorporation and bylaws of the
29  homeowners' association;
30  
31  
                                                                       18
 1         (b)  A verified copy of the previous declaration of
 2  covenants and other previous governing documents for the
 3  community, including any amendments thereto;
 4         (c)  The legal description of each parcel to be subject
 5  to the revived declaration and other governing documents and a
 6  plat or other graphic depiction of the affected properties in
 7  the community;
 8         (d)  A verified copy of the written consents of the
 9  requisite number of the affected parcel owners approving the
10  revived declaration and other governing documents or, if
11  approval was obtained by a vote at a meeting of affected
12  parcel owners, verified copies of the notice of the meeting,
13  attendance, and voting results;
14         (e)  An affidavit by a current or former officer of the
15  association or by a member of the organizing committee
16  verifying that the requirements for the revived declaration
17  set forth in s. 720.402 have been satisfied; and
18         (f)  Such other documentation that the organizing
19  committee believes is supportive of the policy of preserving
20  the residential community and operating, managing, and
21  maintaining the infrastructure, aesthetic character, and
22  common areas serving the residential community.
23         (2)  No later than 60 days after receiving the
24  submission, the department must determine whether the proposed
25  revived declaration of covenants and other governing documents
26  comply with the requirements of this act.
27         (a)  If the department determines that the proposed
28  revived declaration and other governing documents comply with
29  the act and have been approved by the parcel owners as
30  required by this act, the department shall notify the
31  organizing committee in writing of its approval.
                                                                         19
 1         (b)  If the department determines that the proposed
 2  revived declaration and other governing documents do not
 3  comply with this act or have not been approved as required by
 4  this act, the department shall notify the organizing committee
 5  in writing that it does not approve the governing documents
 6  and shall state the reasons for the disapproval.
 7         Section 11.  Section 720.405, Florida Statutes, is
 8  created to read:
 9         720.405  Recording; notice of recording; applicability
10  and effective date.--
11         (1)  No later than 30 days after receiving approval
12  from the department, the organizing committee shall file the
13  articles of incorporation of the association with the Division
14  of Corporations of the Department of State if the articles
15  have not been previously filed with the division.
16         (2)  No later than 30 days after receiving approval
17  from the division, the president and secretary of the
18  association shall execute the revived declaration and other
19  governing documents approved by the department in the name of
20  the association and have the documents recorded with the clerk
21  of the circuit court in the county where the affected parcels
22  are located.
23         (3)  The recorded documents shall include the full text
24  of the approved declaration of covenants, the articles of
25  incorporation and bylaws of the homeowners' association, the
26  letter of approval by the department, and the legal
27  description of each affected parcel of property.
28         (4)  Immediately after recording the documents, a
29  complete copy of all of the approved recorded documents must
30  be mailed or hand delivered to the owner of each affected
31  parcel. The revived declaration and other governing documents
                                                            20
 1  shall be effective upon recordation in the public records with
 2  respect to each affected parcel subject thereto, regardless of
 3  whether the particular parcel owner approved the revived
 4  declaration. Upon recordation, the revived declaration shall
 5  replace and supersede the previous declaration with respect to
 6  all affected parcels then governed by the previous declaration
 7  and shall have the same record priority as the superseded
 8  previous declaration.  With respect to any affected parcels
 9  that had ceased to be governed by the previous declaration as
10  of the recording date, the revived declaration may not have
11  retroactive effect with respect to the parcel and shall take
12  priority with respect to the parcel as of the recording date.
13         Section 12.  Section 720.301, Florida Statutes, is
14  amended to read:
15         720.301  Definitions.--As used in this chapter ss.
16  720.301-720.312, the term:
17         (1)  "Assessment" or "amenity fee" means a sum or sums
18  of money payable to the association, to the developer or other
19  owner of common areas, or to recreational facilities and other
20  properties serving the parcels by the owners of one or more
21  parcels as authorized in the governing documents, which if not
22  paid by the owner of a parcel, can result in a lien against
23  the parcel.
24         (2)  "Common area" means all real property within a
25  community which is owned or leased by an association or
26  dedicated for use or maintenance by the association or its
27  members, including, regardless of whether title has been
28  conveyed to the association:
29         (a)  Real property the use of which is dedicated to the
30  association or its members by a recorded plat; or
31  

                                                              21
 1         (b)  Real property committed by a declaration of
 2  covenants to be leased or conveyed to the association.
 3         (3)  "Community" means the real property that is or
 4  will be subject to a declaration of covenants which is
 5  recorded in the county where the property is located.  The
 6  term "community" includes all real property, including
 7  undeveloped phases, that is or was the subject of a
 8  development-of-regional-impact development order, together
 9  with any approved modification thereto.
10         (4)  "Declaration of covenants," or "declaration,"
11  means a recorded written instrument in the nature of covenants
12  running with the land which subjects the land comprising the
13  community to the jurisdiction and control of an association or
14  associations in which the owners of the parcels, or their
15  association representatives, must be members.
16         (5)  "Developer" means a person or entity that:
17         (a)  Creates the community served by the association;
18  or
19         (b)  Succeeds to the rights and liabilities of the
20  person or entity that created the community served by the
21  association, provided that such is evidenced in writing.
22         (6)  "Governing documents" means:
23         (a)  The recorded declaration of covenants for a
24  community, and all duly adopted and recorded amendments,
25  supplements, and recorded exhibits thereto; and
26         (b)  The articles of incorporation and bylaws of the
27  homeowners' association, and any duly adopted amendments
28  thereto.
29         (7)  "Homeowners' association" or "association" means a
30  Florida corporation responsible for the operation of a
31  community or a mobile home subdivision in which the voting
                                                                         22
 1  membership is made up of parcel owners or their agents, or a
 2  combination thereof, and in which membership is a mandatory
 3  condition of parcel ownership, and which is authorized to
 4  impose assessments that, if unpaid, may become a lien on the
 5  parcel.  The term "homeowners' association" does not include a
 6  community development district or other similar special taxing
 7  district created pursuant to statute.
 8         (8)  "Member" means a member of an association, and may
 9  include, but is not limited to, a parcel owner or an
10  association representing parcel owners or a combination
11  thereof.
12         (9)  "Parcel" means a platted or unplatted lot, tract,
13  unit, or other subdivision of real property within a
14  community, as described in the declaration:
15         (a)  Which is capable of separate conveyance; and
16         (b)  Of which the parcel owner, or an association in
17  which the parcel owner must be a member, is obligated:
18         1.  By the governing documents to be a member of an
19  association that serves the community; and
20         2.  To pay to the homeowners' association assessments
21  that, if not paid, may result in a lien.
22         (10)  "Parcel owner" means the record owner of legal
23  title to a parcel.
24         (11)  "Voting interest" means the voting rights
25  distributed to the members of the homeowners' association,
26  pursuant to the governing documents.
27         Section 13.  Subsections (1), (3), and (4) of section
28  720.302, are amended to read:
29         720.302  Purposes, scope, and application.--
30         (1)  The purposes of this chapter ss. 720.301-720.312
31  are to give statutory recognition to corporations not for
                                                                23

 1  profit that operate residential communities in this state, to
 2  provide procedures for operating homeowners' associations, and
 3  to protect the rights of association members without unduly
 4  impairing the ability of such associations to perform their
 5  functions.
 6         (3)  This chapter does Sections 720.301-720.312 do not
 7  apply to:
 8         (a)  A community that is composed of property primarily
 9  intended for commercial, industrial, or other nonresidential
10  use; or
11         (b)  The commercial or industrial parcels in a
12  community that contains both residential parcels and parcels
13  intended for commercial or industrial use.
14         (4)  This chapter does Sections 720.301-720.312 do not
15  apply to any association that is subject to regulation under
16  chapter 718, chapter 719, or chapter 721; or to any
17  nonmandatory association formed under chapter 723.
18         Section 14.  Subsection (13) is added to section
19  718.110, Florida Statutes, to read:
20         718.110  Amendment of declaration; correction of error
21  or omission in declaration by circuit court.--
22         (13)  Unless expressly stated in the amendment, any
23  amendment restricting unit owners' rights relating to the
24  rental of units applies only to unit owners who consent to the
25  amendment and unit owners who purchase their units after the
26  effective date of that amendment. Notwithstanding any other
27  provision of law or of the declaration or bylaws, if an
28  amendment expressly restricts the rental rights of
29  nonconsenting unit owners, it must be approved by not less
30  than three-fourths of the voting interests.
31         Section 15.  This act shall take effect July 1, 2004.
                                                              24
 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                                COMMITTEE SUBSTITUTE FOR
 2                                    CS CS Senate Bill 1184
 3                                 
 4  The bill adds several additional provisions to the prior version of the bill as follows:
 5  
         Condominiums
 6  
    -    Provide immunity from liability to condominium
 7       associations and their agents for providing information
         to prospective purchasers that is not required to be
 8       provided by law;
 9  -    Require nondeveloper sellers of condominium units to
         provide prospective purchasers with a document titled
10       "Frequently Asked Questions and Answers";
11  -    Require condominium associations to provide written
         notice to all members 14 days before a meeting of the
12       board of the association that will consider assessments
         and rules regulating the use of parcels;
13  
    -    Provide that the only voting interests entitled to vote
14       on reducing the funding of reserves or using the reserves
         for a purpose for which the reserves were not intended
15       are the voting interests that funded the reserves;
16  -    Provide that an amendment to a declaration of condominium
         that restricts the rental rights of a unit owners applies
17       only to a unit owners that consent to the restriction and
         to unit owners who purchase their units after the
18       effective date of the amendment, unless expressly stated
         to the contrary in the amendment;
19  
    -    Require an amendment to a declaration of condominium that
20       restricts the rental rights of nonconsenting condominium
         unit owners to be approved by at least three-fourths of
21       the voting interests in the association;
22  Firesafety
23  -    Authorize voting by limited proxy on votes to forego
         retrofitting a condominium or cooperative with a fire
24       sprinkler system;
25  -    Require condominium unit owners or cooperative members to
         be provided with 14-days notice before votes to forego
26    retrofitting with a fire sprinkler system;
27  Homeowners' Associations
28  -    Provide a method for the revival of a homeowners'
         associations expired declarations of covenants;
29  
    Automated External Defibrillators
30  
    -    Provide immunity from liability under certain
31    circumstances to community associations for damages
         caused by the use of an automated external defibrillator
                                                                25

 1       owned by the association.

                                                                 26
CODING: Words stricken are deletions; words underlined are additions.