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31  Be It Enacted by the Legislature of the State of Florida:

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 1         Section 1.  Paragraph (e) of subsection (12) of section
 2  718.111, Florida Statutes, is amended to read:
 3        718.111  The association.--
 4         (12)  OFFICIAL RECORDS.--
 5         (e)1.  The association or its authorized agent is shall
 6  not be required to provide a prospective purchaser or
 7  lienholder with information about the condominium or the
 8  association other than information or documents required by
 9  this chapter to be made available or disclosed. The
10  association or its authorized agent may shall be entitled to
11  charge a reasonable fee to the prospective purchaser,
12  lienholder, or the current unit owner for its time in
13  providing good faith responses to requests for information by
14  or on behalf of a prospective purchaser or lienholder, other
15  than that required by law, if the provided that such fee does
16  shall not exceed $150 plus the reasonable cost of photocopying
17  and any attorney's fees incurred by the association in
18  connection with the association's response.
19        2.  An association and its authorized agent are not
20  liable for providing such information in good faith pursuant
21  to a written request if the person providing the information
22  includes a written statement in substantially the following
23  form: "The responses herein are made in good faith and to the
24  best of my ability as to their accuracy."

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

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1  cost exceeds $10,000. The amount to be reserved shall be
 2  computed by means of a formula which is based upon estimated
 3  remaining useful life and estimated replacement cost or
 4  deferred maintenance expense of each reserve item.  The
 5  association may adjust replacement reserve assessments
 6  annually to take into account any changes in estimates or
 7  extension of the useful life of a reserve item caused by
 8  deferred maintenance. This subsection does not apply to an
 9  adopted budget in which the members of an association have
10  determined, by a majority vote at a duly called meeting of the
11  association, to provide no reserves or less reserves than
12  required by this subsection. However, prior to turnover of
13  control of an association by a developer to unit owners other
14  than a developer pursuant to s. 718.301, the developer may
15  vote to waive the reserves or reduce the funding of reserves
16  for the first 2 fiscal years of the association's operation,
17  beginning with the fiscal year in which the initial
18  declaration is recorded, after which time reserves may be
19  waived or reduced only upon the vote of a majority of all
20  nondeveloper voting interests voting in person or by limited
21  proxy at a duly called meeting of the association. If a
22  meeting of the unit owners has been called to determine
23  whether to waive or reduce the funding of reserves, and no
24  such result is achieved or a quorum is not attained, the
25  reserves as included in the budget shall go into effect. After
26  the turnover, the developer may vote its voting interest to
27  waive or reduce the funding of reserves.
28         3.  Reserve funds and any interest accruing thereon
29  shall remain in the reserve account or accounts, and shall be
30  used only for authorized reserve expenditures unless their use
31  for other purposes is approved in advance by a majority vote

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 1  at a duly called meeting of the association. Prior to turnover
 2  of control of an association by a developer to unit owners
 3  other than the developer pursuant to s. 718.301, the
 4  developer-controlled association shall not vote to use
 5  reserves for purposes other than that for which they were
 6  intended without the approval of a majority of all
 7  nondeveloper voting interests, voting in person or by limited
 8  proxy at a duly called meeting of the association.
 9         4.  In a multicondominium association, The only voting
10  interests which are eligible to vote on questions that involve
11  waiving or reducing the funding of reserves, or using existing
12  reserve funds for purposes other than purposes for which the
13  reserves were intended, are the voting interests of the units
14  subject to assessment to fund the reserves in question.
15         (l)  Certificate of compliance.--There shall be a
16  provision that a certificate of compliance from a licensed
17  electrical contractor or electrician may be accepted by the
18  association's board as evidence of compliance of the
19  condominium units with the applicable fire and life safety
20  code. Notwithstanding the provisions of chapter 633 or of any
21  other code, statute, ordinance, administrative rule, or
22  regulation, or any interpretation of the foregoing, an
23  association, condominium, or unit owner is not obligated to
24  retrofit the common elements or units of a residential
25  condominium with a fire sprinkler system or other engineered
26  lifesafety system in a building that has been certified for
27  occupancy by the applicable governmental entity, if the unit
28  owners have voted to forego such retrofitting and engineered
29  lifesafety system by the affirmative vote of two-thirds of all
30  voting interests in the affected condominium. However, a
31  condominium association may not vote to forego the

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

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 1  to a new owner prior to closing and shall be provided by a
 2  unit owner to a renter prior to signing a lease.
 3         2.  As part of the information collected annually from
 4  condominiums, the division shall require condominium
 5  associations to report the membership vote and recording of a
 6  certificate under this subsection and, if retrofitting has
 7  been undertaken, the per-unit cost of such work. The division
 8  shall annually report to the Division of State Fire Marshal of
 9  the Department of Financial Services the number of
10  condominiums that have elected to forego retrofitting.
11         Section 5.  Section 718.5015, Florida Statutes, is
12  created to read:
13        718.5015  Advisory council; membership functions.--
14        (1)  There is created the Advisory Council on
15  Condominiums. The council shall consist of seven appointed
16  members. Two members shall be appointed by the President of
17  the Senate, two members shall be appointed by the Speaker of
18  the House of Representatives, and three members shall be
19  appointed by the Governor. At least one member that is
20  appointed by the Governor shall represent timeshare
21  condominiums. Members shall be appointed to 2-year terms;
22  however, one of the persons initially appointed by the
23  Governor, by the President of the Senate, and by the Speaker
24  of the House of Representatives, shall be appointed to a
25  1-year term. The director of the division shall serve as an ex
26  officio nonvoting member. The Legislature intends that the
27  persons appointed represent a cross-section of persons
28  interested in condominium issues. The council shall be located
29  within the division for administrative purposes. Members of
30  the council shall serve without compensation, but are entitled
31 

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 1  to receive per diem and travel expenses pursuant to s. 112.061
 2  while on official business.
 3        (2)  The functions of the advisory council shall be to:
 4        (a)  Receive, from the public, input regarding issues
 5  of concern with respect to condominiums and recommendations
 6  for changes in the condominium law. The issues that the
 7  council shall consider include, but are not limited to, the
 8  rights and responsibilities of the unit owners in relation to
 9  the rights and responsibilities of the association.
10        (b)  Review, evaluate, and advise the division
11  concerning revisions and adoption of rules affecting
12  condominiums.
13        (c)  Recommend improvements, if needed, in the
14  education programs offered by the division.
15        (3)  The council may elect a chair and vice chair and
16  such other officers as it may deem advisable. The council
17  shall meet at the call of its chair, at the request of a
18  majority of its membership, at the request of the division, or
19  at such times as it may prescribe. A majority of the members
20  of the council shall constitute a quorum. Council action may
21  be taken by vote of a majority of the voting members who are
22  present at a meeting where there is a quorum.
23         Section 6.  Section 718.5011, Florida Statutes, is
24  created to read:
25        718.5011  Ombudsman; appointment; administration.--
26        (1)  There is created an Office of the Condominium
27  Ombudsman, to be located for administrative purposes, within
28  the Division of Florida Land Sales, Condominiums, and Mobile
29  Homes. The functions of the office shall be funded by the
30  Division of Florida Land Sales, Condominiums, and Mobile Homes
31  Trust Fund. The ombudsman shall be a bureau chief of the

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 1  division and the office shall be set within the division in
 2  the same manner as any other bureau is staffed and funded.
 3        (2)  The Governor shall appoint the ombudsman. The
 4  ombudsman must be an attorney admitted to practice before the
 5  Florida Supreme Court and shall serve at the pleasure of the
 6  Governor. A vacancy in the office shall be filled in the same
 7  manner as the original appointment. An officer or full-time
 8  employee of the ombudsman's office may not actively engage in
 9  any other business or profession; serve as the representative
10  of any political party, executive committee, or other
11  governing body of a political party; serve as an executive,
12  officer, or employee of a political party; receive
13  remuneration for activities on behalf of any candidate for
14  public office; or engage in soliciting votes or other
15  activities on behalf of a candidate for public office. The
16  ombudsman or any employee of his or her office may not become
17  a candidate for election to public office unless he or she
18  first resigns from his or her office or employment.
19         Section 7.  Section 718.5012, Florida Statutes, is
20  created to read:
21        718.5012  Ombudsman; powers and duties.--The ombudsman
22  shall have the powers that are necessary to carry out the
23  duties of his or her office, including the following specific
24  powers:
25        (1)  To have access to and use of all files and records
26  of the division.
27        (2)  To employ professional and clerical staff as
28  necessary for the efficient operation of the office.
29        (3)  To prepare and issue reports and recommendations
30  to the Governor, the department, the division, the Advisory
31  Council on Condominiums, the President of the Senate, and the

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 1  Speaker of the House of Representatives on any matter or
 2  subject within the jurisdiction of the division. The ombudsman
 3  shall make recommendations he or she deems appropriate for
 4  legislation relative to division procedures, rules,
 5  jurisdiction, personnel, and functions.
 6        (4)  To act as liaison between the division, unit
 7  owners, boards of directors, board members, community
 8  association managers, and other affected parties. The
 9  ombudsman shall develop policies and procedures to assist unit
10  owners, boards of directors, board members, community
11  association managers, and other affected parties to understand
12  their rights and responsibilities as set forth in this chapter
13  and the condominium documents governing their respective
14  association. The ombudsman shall coordinate and assist in the
15  preparation and adoption of educational and reference
16  material, and shall endeavor to coordinate with private or
17  volunteer providers of these services, so that the
18  availability of these resources is made known to the largest
19  possible audience.
20        (5)  To monitor and review procedures and disputes
21  concerning condominium elections or meetings, including, but
22  not limited to, recommending that the division pursue
23  enforcement action in any manner where there is reasonable
24  cause to believe that election misconduct has occurred.
25        (6)  To make recommendations to the division for
26  changes in rules and procedures for the filing, investigation,
27  and resolution of complaints filed by unit owners,
28  associations, and managers.
29        (7)  To provide resources to assist members of boards
30  of directors and officers of associations to carry out their
31  powers and duties consistent with this chapter, division

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 1  rules, and the condominium documents governing the
 2  association.
 3        (8)  To encourage and facilitate voluntary meetings
 4  with and between unit owners, boards of directors, board
 5  members, community association managers, and other affected
 6  parties when the meetings may assist in resolving a dispute
 7  within a community association before a person submits a
 8  dispute for a formal or administrative remedy. It is the
 9  intent of the Legislature that the ombudsman act as a neutral
10  resource for both the rights and responsibilities of unit
11  owners, associations, and board members.
12         Section 8.  Section 718.5014, Florida Statutes, is
13  created to read:
14        718.5014  Ombudsman location.--The ombudsman shall
15  maintain his or her principal office in Leon County on the
16  premises of the division or, if suitable space cannot be
17  provided there, at another place convenient to the offices of
18  the division which will enable the ombudsman to expeditiously
19  carry out the duties and functions of his or her office. The
20  ombudsman may establish branch offices elsewhere in the state
21  upon the concurrence of the Governor.

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25         Section 36.  Subsection (9) is added to section
26  718.5012, Florida Statutes, as created by this act, to read:
27         718.5012  Ombudsman; powers and duties.--The ombudsman
28  shall have the powers that are necessary to carry out the
29  duties of his or her office, including the following specific
30  powers:
31 
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 1        (9)  Fifteen percent of the total voting interests in a
 2  condominium association, or six unit owners, whichever is
 3  greater, may petition the ombudsman to appoint an election
 4  monitor to attend the annual meeting of the unit owners and
 5  conduct the election of directors. The ombudsman shall appoint
 6  a division employee, a person or persons specializing in
 7  condominium election monitoring, or an attorney licensed to
 8  practice in this state as the election monitor. All costs
 9  associated with the election monitoring process shall be paid
10  by the association. The division shall adopt a rule
11  establishing procedures for the appointment of election
12  monitors and the scope and extent of the monitor's role in the
13  election process.
14         Section 37.  If any provision of this act or its
15  application to any person or circumstance is held invalid, the
16  invalidity does not affect other provisions or applications of
17  this act which can be given effect without the invalid
18  provision or application, and to this end the provisions of
19  this act are declared severable.

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 8         Section 10.  Subsection (2) of section 718.503, Florida
 9  Statutes, is amended to read:
10        718.503  Developer disclosure prior to sale;
11  nondeveloper unit owner disclosure prior to sale;
12  voidability.--
13         (2)  NONDEVELOPER DISCLOSURE.--
14         (a)  Each unit owner who is not a developer as defined
15  by this chapter shall comply with the provisions of this
16  subsection prior to the sale of his or her unit.  Each
17  prospective purchaser who has entered into a contract for the
18  purchase of a condominium unit is entitled, at the seller's
19  expense, to a current copy of the declaration of condominium,
20  articles of incorporation of the association, bylaws, and
21  rules of the association, and a copy of the financial
22  information required by s. 718.111, and the document entitled
23  "Frequently Asked Questions and Answers" required by s.
24  718.504.
25         (b)  If a person licensed under part I of chapter 475
26  provides to or otherwise obtains for a prospective purchaser
27  the documents described in this subsection, the person is not
28  liable for any error or inaccuracy contained in the documents.
29         (c)  Each contract entered into after July 1, 1992, for
30  the resale of a residential unit shall contain in conspicuous
31  type either:

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 1         1.  A clause which states:  THE BUYER HEREBY
 2  ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF
 3  THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF
 4  THE ASSOCIATION, BYLAWS AND, RULES OF THE ASSOCIATION, AND A
 5  COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND
 6  FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3
 7  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR
 8  TO EXECUTION OF THIS CONTRACT; or
 9         2.  A clause which states:  THIS AGREEMENT IS VOIDABLE
10  BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION
11  TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND
12  LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT
13  BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE
14  DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS
15  AND, RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT
16  YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS
17  AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED
18  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT.
19  BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE
20  THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS,
21  AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF
22  INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND A
23  COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND
24  FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED
25  IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
26  TERMINATE AT CLOSING.
27 
28  A contract that does not conform to the requirements of this
29  paragraph is voidable at the option of the purchaser prior to
30  closing.
31 
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24         Section 24.  Subsection (13) is added to section
25  718.110, Florida Statutes, to read:
26        718.110  Amendment of declaration; correction of error
27  or omission in declaration by circuit court.--
28        (13)  Any amendment restricting unit owners' rights
29  relating to the rental of units applies only to unit owners
30  who consent to the amendment and unit owners who purchase
31  their units after the effective date of that amendment.

 
                            FS 719       ---     COOPERATIVES 

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22         Section 9.  Paragraph (a) of subsection (5) of section
23  719.1055, Florida Statutes, is amended to read:
24        719.1055  Amendment of cooperative documents;
25  alteration and acquisition of property.--
26         (5)  Notwithstanding the provisions of chapter 633 or
27  of any other code, statute, ordinance, administrative rule, or
28  regulation, or any interpretation of the foregoing, a
29  cooperative or unit owner is not obligated to retrofit the
30  common elements or units of a residential cooperative with a
31  fire sprinkler system or other engineered life safety system

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

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1  all unit owners. Evidence of compliance with this 30-day
 2  notice shall be made by an affidavit executed by the person
 3  providing the notice and filed among the official records of
 4  the association. After such notice is provided to each owner,
 5  a copy of such notice shall be provided by the current owner
 6  to a new owner prior to closing and shall be provided by a
 7  unit owner to a renter prior to signing a lease.

                                 Cardiac Arrest Survival Act
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20         Section 3.  Subsection (3) of section 768.1325, Florida
21  Statutes, is amended, and subsection (6) is added to that
22  section, to read:
23        768.1325  Cardiac Arrest Survival Act; immunity from
24  civil liability.--
25         (3)  Notwithstanding any other provision of law to the
26  contrary, and except as provided in subsection (4), any person
27  who uses or attempts to use an automated external
28  defibrillator device on a victim of a perceived medical
29  emergency, without objection of the victim of the perceived
30  medical emergency, is immune from civil liability for any harm
31  resulting from the use or attempted use of such device.  In

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 1  addition, any person who acquired the device, including, but
 2  not limited to, a community association organized under
 3  chapter617, chapter718, chapter719, chapter720, chapter
 4  721, or chapter 723, is immune from such liability, if the
 5  harm was not due to the failure of such acquirer of the device
 6  to:
 7         (a)  Notify the local emergency medical services
 8  medical director of the most recent placement of the device
 9  within a reasonable period of time after the device was
10  placed;
11         (b)  Properly maintain and test the device; or
12         (c)  Provide appropriate training in the use of the
13  device to an employee or agent of the acquirer when the
14  employee or agent was the person who used the device on the
15  victim, except that such requirement of training does not
16  apply if:
17         1.  The employee or agent was not an employee or agent
18  who would have been reasonably expected to use the device; or
19         2.  The period of time elapsing between the engagement
20  of the person as an employee or agent and the occurrence of
21  the harm, or between the acquisition of the device and the
22  occurrence of the harm in any case in which the device was
23  acquired after engagement of the employee or agent, was not a
24  reasonably sufficient period in which to provide the training.
25        (6)  An insurer may not require an acquirer of an
26  automated external defibrillator device which is a community
27  association organized under chapter 617, chapter 718, chapter
28  719, chapter 720, chapter 721, or chapter 723 to purchase
29  medical malpractice liability coverage as a condition of
30  issuing any other coverage carried by the association, and an
31  insurer may not exclude damages resulting from the use of an

                                  PAGE      10
 ENROLLED 2004 Legislature  CS for CS for CS for SB 1184  2nd Engrossed 

 1  automated external defibrillator device from coverage under a
 2  general liability policy issued to an association.
 

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