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 * Bill Tracker
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 * Get Involved
   * Get Started
 * Events
 * Resources
   * 2022 Legislative Guide
   * Call Alerts
   * Bookmarks
   * Legislator Connect
 * Contact


LEGISLATIVE GUIDE

   
 * 2022 LEGISLATIVE GUIDE





TO DOWNLOAD A PRINTABLE VERSION OF THE GUIDE CLICK HERE.


A LETTER FROM THE EXECUTIVE DIRECTOR OF CALL

Donna DiMaggio Berger,
Founder & Executive Director

Dear CALL Members:

The Florida Special Session produced the most sweeping legislation affecting
condominium and cooperative associations in decades. SB-4D, known colloquially
as the Condo Safety bill, became law on May 26, 2022. This law requires periodic
engineering inspections and a new structural integrity reserve study for
buildings three stories or higher. While SB-4D naturally has garnered the lion’s
share of attention, our guidebook contains a summary of all the newly passed
bills that can impact your condominium, cooperative or HOA as well as
operational tips and best practices.

As for SB-4D, the timing of the engineering inspections vary based on a
building’s proximity to the coastline. The new law imposes greater transparency
requirements regarding a building’s financial and structural security and boards
who fail to conduct the required inspection and reserve study are deemed to have
breached their fiduciary duty, potentially exposing individual directors to
personal liability. Managers and management companies also have heightened
responsibilities and accompanying liability for failing to meet those
responsibilities.

Most years we see complicated community association legislation which requires
subsequent legislation to address the unintended glitches that were not
considered during drafting. However, SB-4D presents a unique number of
substantive and procedural questions. A glitch bill next year is likely but
certainly not guaranteed. Some of the questions raised by this new law include:

 * How do you calculate the number of stories in a building?
 * How are large communities with a mixture of building heights and varying
   proximity to the coastline impacted by this new law?
 * What are the engineering qualifications needed to perform Phase II of the
   Milestone Inspection?
 * Can the structural integrity reserve components be placed in a pooled reserve
   account?
 * Can buildings with fewer than three stories continue to waive or only
   partially fund reserve components that may impact the structural integrity of
   the building such as the roof and exterior painting/waterproofing?

The foregoing are just a few of the unanswered questions this new law is
raising. However, until these laws are tested legally or revised in a future
Session, definitive answers may not yet be possible and obtaining a legal
opinion is advised. Given the statutory liability that may result from an
incorrect decision, interpreting and implementing this new law is not to be
taken lightly. This is not the job for the retired out-of-state attorney on your
board, or your manager or a helpful post you read on social media.

Life safety projects must always take priority over aesthetics-based improvement
projects.  While renovations and improvements are a necessary part of keeping
your community attractive and your members happy, these projects must take a
backseat to necessary life safety projects. If your community is considering a
renovation or other aesthetics-based project, it is incumbent upon your board to
first confirm that all pending safety-related projects have been completed or
will be undertaken simultaneously.

Many of you may be asking, “how are our members going to pay for all of this?”
The answer is that the board must pass an operating budget each year that is
sufficient to meet the association’s needs. For many of you that means your
regular assessments will be increasing significantly. In addition, special
assessments may be needed as well as financing. Many of you have already seen
this borne out with the recent enormous insurance premium increases you were
forced to bear.  Living in a coastal condominium or cooperative unit used to be
the most cost-effective housing option to enjoy a “piece of paradise”. The sad
reality today, however, is that living in an older coastal condominium or
cooperative unit is going to be among the most expensive housing choices and
many people will be priced out of that market.

For more information on the new safety law, please watch our webinar 2022
Building Safety Law, SB 4D: You’ve Got Questions, We’ve Got Answers! and visit
www.Flbuildingsafety.com.

Very Truly Yours,



 

 

Donna DiMaggio Berger, Founder & Executive Director
Community Association Leadership Lobby





THE 2022 LEGISLATIVE GUIDE EDITORIAL BOARD

Donna DiMaggio Berger
Shareholder
Ft. Lauderdale

Elizabeth A. Lanham-Patrie
Shareholder
Orlando

Steven H. Mezer
Shareholder
Tampa

Robyn M. Severs
Shareholder
Orlando

.



SB 4-D:
BUILDING SAFETY

CS/SB 438:
UNITED STATES SPACE FORCE

SB 222:
SWIMMING POOL SPECIALTY CONTRACTING SERVICES

SB 352:
CONSTRUCTION LIENS

CS/SB 518:
PRIVATE PROPERTY RIGHTS TO PRUNE, TRIM, AND REMOVE TREES

CS/HB 375:
STRUCTURAL ENGINEERING RECOGNITION PROGRAM FOR PROFESSIONAL ENGINEERS

CS/CS/HB 423:
BUILDING REGULATION

SB 1058:
PROPERTY INSURER REIMBURSEMENTS

CS/CS/SB 1062:
SERVICE OF PROCESS

CS/SB 1380:
REAL PROPERTY RIGHTS

CS/HB 7049:
LEGAL NOTICES

CS/SB 2-D:
PROPERTY INSURANCE

S/SB 898:
LODGING STANDARDS (“MIYA’S LAW”)

CS/HB NO. 1571:
RESIDENTIAL PICKETING

CS/SB 1190: CS/SB 1190:
TWO-WAY RADIO COMMUNICATION ENHANCEMENT SYSTEMS

CS/HB 967:
GOLF COURSE BEST MANAGEMENT PRACTICES CERTIFICATION



.


CONDOMINIUMS, COOPERATIVES AND HOMEOWNERS’ ASSOCIATIONS’ BILLS THAT PASSED


SB 4-D: BUILDING SAFETY

Chapter 2022-269, Laws of Florida
Effective Date: May 26, 2022



In a surprise move, the Florida Legislature decided in its pending Special
Session to take up the “Surfside legislation” that did not pass during the
Regular Session earlier this year. SB 4-D passed, and Section 553.899 was added
to the Florida Statutes to provide for Mandatory Inspections of Condominium and
Cooperative Buildings.

If a condominium building is three or more stories in height, a “milestone
inspection” is required and must be performed by a licensed architect or
engineer. A milestone inspection is defined as:

> “Milestone inspection” means a structural inspection of a building, including
> an inspection of load-bearing walls and the primary structural members and
> primary structural systems as those terms are defined in s. 627.706, by a
> licensed architect or engineer authorized to practice in this state for the
> purposes of attesting to the life safety and adequacy of the structural
> components of the building and, to the extent reasonably possible, determining
> the general structural condition of the building as it affects the safety of
> such building, including a determination of any necessary maintenance, repair,
> or replacement of any structural component of the building. The purpose of
> such inspection is not to determine if the condition of an existing building
> is in compliance with the Florida Building Code or the firesafety code.

The inspection must be performed within 30 years from the date the Certificate
of Occupancy (“CO”) was issued for the building. However, if the building is
within three miles of the coastline, the milestone inspection must be performed
within 25 years of the CO date.

The law is being phased in by requiring buildings that received a CO before July
1, 1992, to complete the first milestone inspection by December 31, 2024.
Further, the law requires the “local enforcement agency,” presumably the local
building department, to send notice to associations of the milestone inspection
requirement via certified mail. The association then has 180 days to perform a
“Phase One” inspection.

The Phase One inspection requires the licensed architect or engineer to perform
a visual inspection of the property and undertake a qualitative assessment of
the building’s condition. If the Phase One inspection reveals no sign of
substantial structural deterioration, then a “Phase Two” inspection is not
required. A Phase Two inspection is required if substantial structural
deterioration is identified. The Phase Two inspection may require destructive
testing, at the inspector’s direction. The term “substantial structural
deterioration” is defined in the new statute.

The engineer or architect performing either a Phase One or Phase Two inspection
must prepare a written inspection report. The report must be sealed and have a
separate summary pointing out its material findings. The report with a separate
summary must be given to the association and the local building official with
jurisdiction over the building. The inspection report must:

 1. Bear the seal and signature, or the electronic signature, of the licensed
    engineer or architect who performed the inspection.
 2. Indicate the manner and type of inspection forming the basis for the
    inspection report.
 3. Identify any substantial structural deterioration, within a reasonable
    professional probability based on the scope of the inspection, describe the
    extent of such deterioration, and identify any recommended repairs for such
    deterioration.
 4. State whether unsafe or dangerous conditions, as those terms are defined in
    the Florida Building Code, were observed.
 5. Recommend any remedial or preventive repair for any items that are damaged
    but are not substantial structural deterioration.
 6. Identify and describe any items requiring further inspection.

The association must then distribute a copy of the inspector-prepared summary of
the inspection report to each unit owner by mail, personal delivery, or e-mail
to those who have consented to receive electronic notice, must post a copy in a
conspicuous place on the condominium property, and must publish a full
inspector-prepared summary on the association website, if a website is required.

The new law gives local building officials discretion to prescribe timelines and
penalties for non-compliance. County commissions may adopt ordinances
establishing timelines for necessary repairs identified in a report, and such
repairs must be commenced within 365 days after receiving the report. If the
association fails to submit proof that the repairs have been scheduled or
commenced for substantial structural deterioration identified in a Phase Two
inspection report, the local law enforcement agency must review and determine if
the building is unsafe for human occupancy.

Chapter 718 was amended to incorporate the requirements for the mandatory
inspection report and to require a structural integrity reserve study. Section
718.103, Florida Statutes, was amended to add subsection (25), which defines a
“structural integrity reserve study”, as follows:

> (25) “Structural integrity reserve study” means a study of the reserve funds
> required for future major repairs and replacement of the common areas based on
> a visual inspection of the common areas. A structural integrity reserve study
> may be performed by any person qualified to perform such study. However, the
> visual inspection portion of the structural integrity reserve study must be
> performed by an engineer licensed under chapter 471 or an architect licensed
> under chapter 481. At a minimum, a structural integrity reserve study must
> identify the common areas being visually inspected, state the estimated
> remaining useful life and the estimated replacement cost or deferred
> maintenance expense of the common areas being visually inspected, and provide
> a recommended annual reserve amount that achieves the estimated replacement
> cost or deferred maintenance expense of each common area being visually 
> inspected by the end of the estimated remaining useful life of each common
> area.

In addition, Section 718.111(12), Florida Statutes, was amended to add the
structural integrity reserve study as part of the official records that the
association must maintain and to make the inspection reports official records of
the association. The law requires that these reserve studies must be maintained
as part of the official records of the association for 15 years. Milestone
inspections must also be retained for 15 years. Renters are entitled to inspect
the inspection reports.

If the association is required to have a website, the inspection reports
described above and any other inspection reports relating to structural or life
safety inspections of the condominium property and the association’s most recent
structural integrity reserve study must be posted on the website.

Perhaps the most significant change to the law, from an operational perspective,
is the budget adoption process, particularly regarding reserves. The reserve
schedule will now be required to include any items identified in a newly
required “structural integrity reserve study.” For buildings of three stories or
more, the initial reserve structural integrity study must be completed by
December 31, 2024, and must be performed at least every 10 years thereafter.

Effective December 31, 2024, an association may not vote to waive or reduce
reserves for the items listed in the structural integrity reserve study.
Further, effective December 31, 2024, the members of an association may not vote
to use reserve funds, or any interest accruing thereon, that are reserved for
items listed in in the structural integrity reserve study for any other purpose
other than their intended purpose.

The structural integrity reserve study must address: roofs; load bearing walls
or other primary structural members; floors; foundations; fireproofing and fire
protection systems; plumbing; electrical systems; waterproofing and exterior
paint; windows; any other item which exceeds $10,000.00 in deferred maintenance
and replacement costs where the failure to replace or maintain such item
negatively affects the other items listed herein and was identified by the
engineer or architect performing the visual inspection portion of the structural
integrity reserve study.

The restrictions on waiving, reducing or using items, which would be reserved
for a structural reserve study, for another purpose is not limited to those
buildings three stories and higher.  Therefore, as currently written, we believe
this may apply to all condominium buildings.

Failure to complete the milestone inspections and reserve study in a timely and
proper manner “is a breach of an officer’s and director’s fiduciary relationship
to the unit owners.” If an association is required to have a milestone
inspection performed, the association must arrange for the inspection to be
performed and is responsible for ensuring compliance with Section 553.899. 
Further, the association is responsible for all costs associated with the
inspection.

The Division of Florida Condominiums, Timeshares and Mobile Homes (the
“Division”) is given rulemaking authority related to milestone inspections and
structural integrity reserve studies. The Division is required to obtain various
information from associations before the end of this year and must then compile
a searchable list on its website related to the information it receives.

Section 718.501 was amended to add subsection 3(a), which provides:

> (3)(a) On or before January 1, 2023, condominium associations existing on or
> before July 1, 2022, must provide the following information to the division in
> writing, by e-mail, United States Postal Service, commercial delivery service,
> or hand delivery, at a physical address or e-mail address provided by the
> division and on a form posted on the division’s website:
> 
>  1. The number of buildings on the condominium property that are three stories
>     or higher in height.
>  2. The total number of units in all such buildings.
>  3. The addresses of all such buildings.
>  4. The counties in which all such buildings are located.
> 
> (b) The division must compile a list of the number of buildings on condominium
> property that are three stories or higher in height, which is searchable by
> county, and must post the list on the division’s website. This list must
> include all of the following information:
> 
>  1. The name of each association with buildings on the condominium property
>     that are three stories or higher in height.
>  2. The number of such buildings on each association’s property.
>  3. The addresses of all such buildings.
>  4. The counties in which all such buildings are located.
> 
> (c) An association must provide an update in writing to the division if there
> are any changes to the information in the list under paragraph (b) within six
> months after the change.

Chapter 718 was further amended to require both the developer and a unit owner
selling his/her unit to provide before the sale of the unit, copies of the
inspector prepared summary of milestone inspection reports and copy of the most
recent structural integrity reserve study or a statement that the association
has not completed a structural integrity reserve study.

Chapter 719 was amended to include these same requirements.

Section 468.4334, Florida Statutes, was amended to require a community
association manager or community association management firm that has a contact
with a community association with a building subject to Section 553.899 to
comply with that section as directed by the board.

Other Issues Addressed In SB 4-D

Section 553.844 was amended to address windstorm loss mitigation, requirements
for roofs and opening protection. This Section provides that if an existing
roofing system or roof section was built, repaired or replaced in compliance
with the requirements of the 2007 Florida Building code or later and 25% or more
of the same is being repaired, replaced or recovered, only the repaired,
replaced or covered portion is required to be constructed in accordance with the
Florida Building Code in effect when the repair or replacement is being made.

Chapter 720, Recall, was amended to refer to the revised subsections of Chapter
718 consistent with the revisions above.



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CS/SB 438: UNITED STATES SPACE FORCE

Chapter 2022-183, Laws of Florida
Effective Date: July 1, 2022



Revises the definition of the term “uniformed service” to include the United
States Space Force. Revises Sections 718.113(4) and 720.304(2)(a) to allow
owners to display in a respectful way one portable, removable official flag of
the Space Force.



.

» BACK TO TOP


MISCELLANEOUS BILLS THAT PASSED


SB 222: SWIMMING POOL SPECIALTY CONTRACTING SERVICES

(CHAPTER NO. 2022-90, LAWS OF FLORIDA)
Effective Date: July 1, 2022

Authorizes certain persons, who are not certified or registered to perform the
work of a specialty contractor, to perform certain specialty contracting
services for commercial or residential swimming pools, interactive water
features, hot tubs, and spas, under the supervision of specified licensed
contractors.

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SB 352: CONSTRUCTION LIENS

(CHAPTER NO. 2022-120, LAWS OF FLORIDA)
Effective Date: July 1, 2022

Revises Section 713.135 to provide that direct contracts to repair or replace an
existing heating or air-conditioning system in an amount less than $15,000 (an
increase from $7,500) are exempt from specified notice of commencement and
applicability of lien requirements for authorities issuing building permits.

.




CS/SB 518: PRIVATE PROPERTY RIGHTS TO PRUNE, TRIM, AND REMOVE TREES

(CHAPTER NO. 2022-121, LAWS OF FLORIDA)
Effective Date: July 1, 2022

Revises the conditions under which a local government may not require a notice,
application, approval, permit, fee, or mitigation for the pruning, trimming, or
removal of a tree on residential property when the tree poses an unacceptable
risk to persons or property. Provides a definition of residential property and
what documentation the property owner must provide from an arborist or landscape
architect.

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CS/HB 375: STRUCTURAL ENGINEERING RECOGNITION PROGRAM FOR PROFESSIONAL ENGINEERS

(CHAPTER NO. 2022-81, LAWS OF FLORIDA)
Effective Date: July 1, 2022

Establishes a Structural Engineering Recognition Program for Professional
Engineers to recognize engineers who specialize in structural engineering and
have gone above and beyond the minimum requirements for licensing, including
passing the National Council of Examiners for 33 Engineering and Surveying
Structural Engineering 16-hour PE 34 Structural examination. Authorizes a
professional engineer recognized by the program to identify such recognition in
her or his professional practice and marketing materials.

.




CS/CS/HB 423: BUILDING REGULATION

(CHAPTER NO. 2022-136, LAWS OF FLORIDA)
Effective Date: July 1, 2022

Provides that a local law cannot prohibit or restrict a private property owner
from obtaining a building permit to demolish his or her single-family
residential structure that is located in certain flood zones if the lower floor
elevation is at or below the base flood elevation.  However, the law will not
apply to any single-family residential structure designated as a historic place.
Requires a local building official to issue a certificate of occupancy or
certificate of completion within a certain number of days after receipt of
certain information, including the payment of all outstanding fees. Revises the
requirements for when a local government requests certain additional information
from an applicant for a building permit and limits the number of times the local
government may request certain information from an applicant.

.



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SB 1058: PROPERTY INSURER REIMBURSEMENTS

(CHAPTER NO. 2022-132, LAWS OF FLORIDA)
Effective Date: July 1, 2022

Defines the term “unsound insurer” as one in unsound condition or in
receivership. Revises requirements for coverage under the Florida Hurricane
Catastrophe Fund of certain policies of unsound insurers assumed by authorized
insurers or the Citizens Property Insurance Corporation.




CS/CS/SB 1062: SERVICE OF PROCESS

(CHAPTER NO. 2022-190, LAWS OF FLORIDA)
Effective Date: January 1, 2023

Authorizes the Department of State to electronically receive service of process.
Revises procedures for service on partnerships, limited liability partnerships,
and limited partnerships. Requires the designation of registered agents by
certain partnerships, corporations, and companies. Revises provisions related to
service on public agencies and officers. Provides for substituted service on
certain nonresidents and foreign business entities and on individuals and
foreign business entities concealing their whereabouts.


CS/SB 1380: REAL PROPERTY RIGHTS

(CHAPTER NO. 2022-171, LAWS OF FLORIDA)
Effective Date: June 7, 2022

Revises Section 712.03 to provide that use restrictions that are created before
the root of title and are identified in the legal description of the property by
specific reference to the official records book and page number, instrument
number, or plat name will not be extinguished by marketable record titles. It
also provides that MRTA will not extinguish any comprehensive plan; zoning
ordinance; land development regulation; building code; development permit;
development order; or any covenant or restriction that on the face of the first
page of the document states that it was accepted by a governmental entity as a
condition of any of the above-listed documents. Authorizes owners or operators
of private property used for motor vehicle parking to establish rules and rates
governing private persons parking on the property as long as such rules and
rates are posted and clearly visible to persons parking on the property.

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CS/HB 7049: LEGAL NOTICES

(CHAPTER NO. 2022-103, LAWS OF FLORIDA)
Effective Date: January 1, 2023

Section 50.011 Publication of Legal Notices has been amended to revise the
requirements for newspapers publishing legal notices, provide that publication
is permitted on a publicly accessible website under 53.0311, and delete the
option for publication on a newspaper’s website.

Substantial portions of 50.0211, Internet website publication, were deleted and
Section 50.0311 was created and titled Publication of advisements and public
notices on publicly accessible website and governmental access channels.
Permitting a governmental agency to publish legally required advertisements and
public notices if the cost is less than publishing in a newspaper on a publicly
accessible website or governmental access channel; however, there are additional
requirements for counties with a population of fewer than 160,000.

Requiring a governmental agency that uses a publicly accessible website to
provide notice at least once per year in a newspaper of general circulation or
another publication that is mailed or delivered to all residents and property
owners throughout the government’s jurisdiction, indicating that property owners
and residents may receive legally required advertisements and public notices
from the governmental agency by first-class mail or e-mail upon registering
their name and address or e-mail address with the governmental agency.

Revising the Affidavit for Proof of Publication to include publication on a
publicly accessible website.  Providing notices of sale can also be published on
a publicly accessible website for a least two consecutive weeks before the sale.
Providing other types of notices where publication on a publicly accessible
website is permitted.

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CS/SB 2-D: PROPERTY INSURANCE

(CHAPTER NO. 2022-268, LAWS OF FLORIDA)
Effective Date: May 26, 2022

Creating the Reinsurance to Assist Policyholders program to be administered by
the State Board of Administration. Requires certain property insurers to obtain
coverage under this new program. Revises homeowner eligibility criteria for
mitigation grants for retrofitting their properties to make them less vulnerable
to hurricane damage. Requires insured claimants to establish that property
insurers have breached the insurance contract to prevail in certain claims for
damages. Requires the Office of Insurance Regulation to aggregate on a statewide
basis and make publicly available certain data, trends and reports regarding the
availability of reinsurance to domestic insurers selling homeowners’ and unit
owners insurance, the health of the homeowners’ and unit owners insurance
market. Prohibits certain insurance practices to prohibit advertisements that
encourages consumers to make an insurance claim for roof damage and require
certain language in roofing contractor marketing materials. Requires certain
language in insurance policy if the insurer requires a separate roof deductible
and requiring that the separate roof deductible policy meet certain
requirements.




CS/SB 898, LODGING STANDARDS (“MIYA’S LAW”)

(CHAPTER NO. 2022-222, LAWS OF FLORIDA)
Effective Date: July 1, 2022

Creating Section 83.515 to require public lodging establishments with a certain
percentage of units rented to require each employee to undergo a background
screening, and permits the landlord to disqualify a person from employment if
convicted or enters a plea of guilty or nolo contendere to criminal offenses
involving disregard of safety for others or a crime of violence; amending
Section 83.53 to require that landlords give at least 24 hours’ notice prior to
entry for repairs to the dwelling unit; amending Section 509.211 to add
subsection (5) to require all public lodging establishment employees to undergo
a background screening as a condition of employment, and for the public lodging
establishment to maintain logs and establish policies and procedures for the
issuance and return of dwelling unit keys; requiring the licensee to provide
proof of compliance with subsection (5) to the Division of Hotels and
Restaurants of the DBPR upon request; creating Section 509.098 to prohibit a
public lodging operator from charging hourly rates, except for a late checkout
fee.

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CS/HB NO. 1571: RESIDENTIAL PICKETING

(CHAPTER NO. 2022-118, LAWS OF FLORIDA)
Effective Date: May 16, 2023

Creating Section 810.15 regarding Residential picketing. Defines the word
“dwelling” and provides that it is unlawful for a person to picket or protest
before or about a dwelling of any person with the intent to harass or disturb
that person in his or her dwelling. Provides that a violation of this law is a
second-degree misdemeanor. Further provides that before a person may be arrested
for this violation, a law enforcement officer must go as near to the person, as
may be done safely, and command the person picketing or protesting to
immediately and peaceably disperse, and if such person does not follow the
command, he/she can be arrested.




CS/SB 1190: TWO-WAY RADIO COMMUNICATION ENHANCEMENT SYSTEMS

(CHAPTER NO. 2022-210, LAWS OF FLORIDA)
Effective Date: July 1, 2022

Section 50.011 Publication of Legal Notices has been amended to revise the
requirements for newspapers publishing legal notices, provide that publication
is permitted on a publicly accessible website under 53.0311, and delete the
option for publication on a newspaper’s website.

Substantial portions of 50.0211, Internet website publication, were deleted and
Section 50.0311 was created and titled Publication of advisements and public
notices on publicly accessible website and governmental access channels.
Permitting a governmental agency to publish legally required advertisements and
public notices if the cost is less than publishing in a newspaper on a publicly
accessible website or governmental access channel; however, there are additional
requirements for counties with a population of fewer than 160,000.

Requiring a governmental agency that uses a publicly accessible website to
provide notice at least once per year in a newspaper of general circulation or
another publication that is mailed or delivered to all residents and property
owners throughout the government’s jurisdiction, indicating that property owners
and residents may receive legally required advertisements and public notices
from the governmental agency by first-class mail or e-mail upon registering
their name and address or e-mail address with the governmental agency.

Revising the Affidavit for Proof of Publication to include publication on a
publicly accessible website.  Providing notices of sale can also be published on
a publicly accessible website for a least two consecutive weeks before the sale.
Providing other types of notices where publication on a publicly accessible
website is permitted.



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CS/HB 967: GOLF COURSE BEST MANAGEMENT PRACTICES CERTIFICATION

(CHAPTER NO. 2022-118, LAWS OF FLORIDA)
Effective Date: July 1, 2022

Creates Section 403.9339, directing the turfgrass science program at the
University of Florida Institute of Food and Agricultural Sciences, in
coordination & cooperation with the Florida Department of Environmental
Protection, to administer a certification for golf course best management
practices and to provide training and testing programs to obtain such
certification. It also provides that a person certified under the program is
exempt from certain local training and local ordinance requirements, that the
program can share information with governmental entities, and can create an
online registry of persons certified under the program.





HAND IN HAND


SERVICES THAT COMPLIMENT OUR COMMUNITY ASSOCIATION CORE PRACTICE

We wrote the law relating to common ownership housing. These additional services
stem directly from 45+ years of representation and innovation.

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The firm has handled numerous and varied construction-related cases, many of
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TITLE SERVICES

The firm operates Becker Title to assist clients with residential real estate
closings, title and escrow services. Becker Title has offices throughout Florida
and is backed by a team of attorneys who have handled thousands of successful
real estate closings.

BUSINESS LITIGATION

The firm’s Litigation Practice is dedicated to providing strategic, innovative,
and aggressive representation for our clients in all litigation matters.
Becker’s reputation as a pioneer and leader in community association law is
well-known throughout the legal community. There is almost no issue our
attorneys have not dealt with before – everything from civil and criminal cases
to foreclosure and complex contractual matters.

GOVERNMENT LAW & LOBBYING

Our dedicated Community Association Leadership Lobby (CALL) is a statewide
advocacy group that represents the interests of our over 4,000 community
association clients. We help draft legislation and work closely with legislators
and members of the executive branch to improve the laws that impact community
associations in Florida. Additionally we represent condo clients in negotiations
with various developers, municipalities, and utilities on zoning issues,
easements, and settlements.


SERVICES THAT COMPLIMENT OUR COMMUNITY ASSOCIATION CORE PRACTICE


HAND IN HAND

We wrote the law relating to common ownership housing. These additional services
stem directly from 45+ years of representation and innovation.

REAL ESTATE

Real Estate law has been a core practice for Becker since its founding in 1973.
The firm has helped shape the local landscape through representation of
developers of multi-family and single-family residential communities; business
and property owners; and financial institutions. We have represented clients in
the successful acquisition, financing, development, and sale of all types of
unimproved land and improved properties for residential and commercial use.

CONSTRUCTION LAW & LITIGATION

The firm has handled numerous and varied construction-related cases, many of
which have involved complex issues with a multitude of defendants and scores of
construction defects. Our attorneys represent clients in both transactions and
disputes ranging from single- and multi-family dwellings to large commercial
buildings, planned unit developments, multi-use retail, industrial, and
governmental projects.

GOVERNMENT LAW & LOBBYING

Our dedicated Community Association Leadership Lobby (CALL) is a statewide
advocacy group that represents the interests of our over 4,000 community
association clients. We help draft legislation and work closely with legislators
and members of the executive branch to improve the laws that impact community
associations in Florida. Additionally we represent condo clients in negotiations
with various developers, municipalities, and utilities on zoning issues,
easements, and settlements.

TITLE SERVICES

The firm operates Becker Title to assist clients with residential real estate
closings, title and escrow services. Becker Title has offices throughout Florida
and is backed by a team of attorneys who have handled thousands of successful
real estate closings.

BUSINESS LITIGATION

The firm’s Litigation Practice is dedicated to providing strategic, innovative,
and aggressive representation for our clients in all litigation matters.
Becker’s reputation as a pioneer and leader in community association law is
well-known throughout the legal community. There is almost no issue our
attorneys have not dealt with before – everything from civil and criminal cases
to foreclosure and complex contractual matters.


IS IT TIME TO AMEND YOUR DOCUMENTS?

As the saying goes, change is the only constant in life. This fact applies
equally to boards of directors of community associations who are tasked with
operating their communities consistently with existing governing documents, even
if those documents no longer fit the needs of the community or no longer comply
with existing laws.

You should occasionally review your documents to ensure that they are consistent
with both the existing scheme and vision of the community and the laws which
apply to the community.

DOWNLOAD AMENDMENT CHECKLIST NOW

The general question of whether Governing Documents should be amended has no
correct answer. Instead the board’s investigation should consider many factors,
including the following:

 1. The age of the Governing Documents. For instance, how many laws have been
    amended since the documents were created?
 2. The existing scheme of the community. For instance, do most owners now have
    small children; what is the existing mix between owner occupants and
    investor owners?
 3. The operation of the association. For instance, should there be more or less
    board members, does the quorum requirement need to change?
 4. Do your Governing Documents have so many amendments that owners are confused
    as to what is the correct text?

Now is a perfect time to review and make appropriate changes, if necessary, and
to get in front of some of the proposed legislative changes which did not pass
this year but will come up again in the near future.

Please use our “General Amendment Checklist” to assist you in this endeavor. We
suggest that you consult with your association’s attorney to identify key
provisions in your Declaration, Bylaws, Articles of Incorporation, and/or Rules
and Regulations that should be removed or amended to reflect the current law and
present needs of your association.

As always, Becker would be happy to work with your board to ensure that your
governing documents are not only comprehensive and up-to-date but also ahead of
the game on the issues that matter most to your community.

Association Adjusting is the one and only public adjusting company that
exclusively serves community associations throughout Florida.

Virtually every community association will experience a significant property
damage claim at some point during its lifespan. In addition to windstorms, fires
and floods there are the everyday water leaks with which volunteer boards and
managers must contend. While it is reasonable to believe that after years of
dutifully paying your insurance premiums your damage claims will be paid quickly
and in full, the reality is often quite different.

Association Adjusting is a licensed and insured Public Adjusting Firm led by
Joseph “Joe” Connelly, an advocate for insurance consumers for more than a
decade.




BECKER STEPS UP TO THE MIC WITH PODCAST,
‘TAKE IT TO THE BOARD WITH DONNA DIMAGGIO BERGER’

Think you know what community association life is all about? Think again.
Residents must obey the rules, directors must follow the law, and managers must
keep it all running smoothly. Take It To the Board explores the reality of life
in a condominium, cooperative or homeowners’ association, what’s really involved
in serving on its board, and how to maintain that ever-so-delicate balance of
being legally compliant and community spirited. Leading community association
attorney Donna DiMaggio Berger acknowledges the balancing act without losing her
sense of humor as she talks with a variety of association leaders, experts, and
vendors about the challenges and benefits of the community association
lifestyle.

Click Here to View Full Episode List

We are proud to announce that our Construction Law & Litigation practice
received a Band I ranking from the 2022 Chambers USA Guide, one of the legal
profession’s most prestigious rankings directories.

While we are honored to be one of the four Florida-headquartered firms ranked in
the preeminent Band I position, we are most proud of the work we do every day on
behalf of our clients.


BAND 1

BECKER & POLIAKOFF P.A.

Carlton Fields
Moye, O’Brien, Pickert & Dillon, LLP
Peckar & Abramson, P.C.


BAND 2

Nelson Mullins Broad and Cassel LLP


BAND 3

Ferencik, Libanoff, Brandt, Bustamante & Williams
GrayRobinson, PA
Greenberg Traurig, PA
Hill Ward Henderson
Holland & Knight LLP
Mills Paskert Divers PA
Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A.
Shutts & Bowen LLP
Vezina Lawrence & Piscitelli


BAND 4

Akerman LLP
Carey, O’Malley, Whitaker & Mueller PA
Foley & Lardner LLP
Kirwin Norris
Phelps Dunbar LLP
Smith, Currie & Hancock LLP
Trenam
Wright, Fulford, Moorhead and Brown P.A.


BAND 5

Adams and Reese LLP
Bilzin Sumberg
Cole, Scott & Kissane, PA
Daniels, Rodriguez, Berkeley, Daniels & Cruz


SERVICES THAT COMPLIMENT OUR COMMUNITY ASSOCIATION CORE PRACTICE


HAND IN HAND

We wrote the law relating to common ownership housing. These additional services
stem directly from 45+ years of representation and innovation.

REAL ESTATE

Real Estate law has been a core practice for Becker since its founding in 1973.
The firm has helped shape the local landscape through representation of
developers of multi-family and single-family residential communities; business
and property owners; and financial institutions. We have represented clients in
the successful acquisition, financing, development, and sale of all types of
unimproved land and improved properties for residential and commercial use.

CONSTRUCTION LAW & LITIGATION

The firm has handled numerous and varied construction-related cases, many of
which have involved complex issues with a multitude of defendants and scores of
construction defects. Our attorneys represent clients in both transactions and
disputes ranging from single- and multi-family dwellings to large commercial
buildings, planned unit developments, multi-use retail, industrial, and
governmental projects.

GOVERNMENT LAW & LOBBYING

Our dedicated Community Association Leadership Lobby (CALL) is a statewide
advocacy group that represents the interests of our over 4,000 community
association clients. We help draft legislation and work closely with legislators
and members of the executive branch to improve the laws that impact community
associations in Florida. Additionally we represent condo clients in negotiations
with various developers, municipalities, and utilities on zoning issues,
easements, and settlements.

TITLE SERVICES

The firm operates Becker Title to assist clients with residential real estate
closings, title and escrow services. Becker Title has offices throughout Florida
and is backed by a team of attorneys who have handled thousands of successful
real estate closings.

BUSINESS LITIGATION

The firm’s Litigation Practice is dedicated to providing strategic, innovative,
and aggressive representation for our clients in all litigation matters.
Becker’s reputation as a pioneer and leader in community association law is
well-known throughout the legal community. There is almost no issue our
attorneys have not dealt with before – everything from civil and criminal cases
to foreclosure and complex contractual matters.


WE DID THE MATH.

Becker has the largest, dedicated team of Board Certified attorneys in
Condominium and Planned Development Law among any firm in the state.




 * JOSEPH E. ADAMS
   
   FT. MYERS | NAPLES

 * JOSEPH ARENA
   
   STUART

 * JOANN NESTA BURNETT
   
   FT. LAUDERDALE

 * DONNA DIMAGGIO BERGER
   
   
   FT. LAUDERDALE

 * JENNIFER L. BILETNIKOFF
   
   
   NAPLES

 * JAMES ROBERT CAVES III
   
   
   FT. MYERS

 * JANE L. CORNETT
   
   
   STUART

 * ROSA M. DE LA CAMARA
   
   
   MIAMI

 * KENNETH S. DIREKTOR
   
   
   FT. LAUDERDALE

 * JENNIFER BALES DRAKE
   
   
   FT. LAUDERDALE

 * KEVIN L. EDWARDS
   
   
   SARASOTA

 * LILLIANA M. FARINAS-SABOGAL
   
   
   MIAMI

 * MARK D. FRIEDMAN
   
   
   WEST PALM BEACH

 * YELINE GOIN
   
   
   ORLANDO | TALLAHASSEE

 * MICHAEL C. GÓNGORA 
   
   
   MIAMI

 * ELIZABETH A. LANHAM-PATRIE
   
   
   ORLANDO

 * K. JOY MATTINGLY
   
   
   FT. LAUDERDALE

 * STEVEN H. MEZER
   
   
   TAMPA | SARASOTA

 * DAVID G. MULLER
   
   
   NAPLES | SARASOTA

 * HOWARD J. PERL
   
   
   FT. LAUDERDALE

 * MARTY PLATTS
   
   
   WEST PALM BEACH

 * JAY ROBERTS
   
   
   FT. WALTON BEACH

 * DAVID H. ROGEL
   
   
   MIAMI

 * ROBYN M. SEVERS
   
   
   ST. AUGUSTINE | ORLANDO





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 * Special Legislative Session on Insurance 12/15/2022
 * 2022 Legislative Guide Now Available Online 11/02/2022
 * Upcoming Deadline for Elevator Upgrades 08/31/2022

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