THE BILL ITSELF
HB 255
Condominium Associations
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A bill to be entitled
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An act relating to condominium associations; amending
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s. 718.111, F.S.; providing that a condominium
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association's turnover certificate and annual report
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must be maintained as part of the association's
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official records; amending s. 718.124, F.S.; providing
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applicability and construction; amending s. 718.301,
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F.S.; requiring the board of administration of a
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condominium association to file with the Division of
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Condominiums, Timeshares, and Mobile Homes a turnover
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certificate within a specified timeframe; requiring a
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turnover certificate to include certain information;
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requiring the division to maintain a publicly
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accessible online database of turnover certificates,
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which must include specified information; amending s.
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718.501, F.S.; requiring the division to create and
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maintain a searchable electronic database of turnover
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certificates; requiring the division to adopt rules;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (12) of section
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718.111, Florida Statutes, is amended to read:
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718.111 The association.—
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(12) OFFICIAL RECORDS.—
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(a) From the inception of the association, the association
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shall maintain each of the following items, if applicable, which
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constitutes the official records of the association:
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1. A copy of the plans, permits, warranties, and other
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items provided by the developer under s. 718.301(4).
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2. A copy of the recorded declaration of condominium of
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each condominium operated by the association and each amendment
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to each declaration.
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3. A copy of the recorded bylaws of the association and
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each amendment to the bylaws.
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4. A certified copy of the articles of incorporation of
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the association, or other documents creating the association,
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and each amendment thereto.
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5. A copy of the current rules of the association.
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6. A book or books or electronic records that contain the
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minutes of all meetings of the association, the board of
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administration, any committee, and the unit owners, and a
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recording of all such meetings that are conducted by video
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conference. If there are approved minutes for a meeting held by
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video conference, recordings of meetings that are conducted by
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video conference must be maintained for at least 1 year after
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the date the video recording is posted as required under
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paragraph (g).
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7. A current roster of all unit owners and their mailing
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addresses, unit identifications, voting certifications, and, if
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known, telephone numbers. The association shall also maintain
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the e-mail addresses and facsimile numbers of unit owners
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consenting to receive notice by electronic transmission. In
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accordance with sub-subparagraph (c)5.e., the e-mail addresses
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and facsimile numbers are only accessible to unit owners if
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consent to receive notice by electronic transmission is
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provided, or if the unit owner has expressly indicated that such
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personal information can be shared with other unit owners and
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the unit owner has not provided the association with a request
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to opt out of such dissemination with other unit owners. An
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association must ensure that the e-mail addresses and facsimile
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numbers are only used for the business operation of the
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association and may not be sold or shared with outside third
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parties. If such personal information is included in documents
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that are released to third parties, other than unit owners, the
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association must redact such personal information before the
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document is disseminated. However, the association is not liable
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for an inadvertent disclosure of the e-mail address or facsimile
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number for receiving electronic transmission of notices unless
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such disclosure was made with a knowing or intentional disregard
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of the protected nature of such information.
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8. All current insurance policies of the association and
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condominiums operated by the association.
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9. A current copy of any management agreement, lease, or
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other contract to which the association is a party or under
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which the association or the unit owners have an obligation or
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responsibility.
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10. Bills of sale or transfer for all property owned by
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the association.
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11. Accounting records for the association and separate
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accounting records for each condominium that the association
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operates. Any person who knowingly or intentionally defaces or
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destroys such records, or who knowingly or intentionally fails
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to create or maintain such records, with the intent of causing
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harm to the association or one or more of its members, is
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personally subject to a civil penalty pursuant to s.
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718.501(1)(e). The accounting records must include, but are not
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limited to:
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a. Accurate, itemized, and detailed records of all
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receipts and expenditures, including all bank statements and
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ledgers.
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b. All invoices, transaction receipts, or deposit slips
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that substantiate any receipt or expenditure of funds by the
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association.
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c. A current account and a monthly, bimonthly, or
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quarterly statement of the account for each unit designating the
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name of the unit owner, the due date and amount of each
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assessment, the amount paid on the account, and the balance due.
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d. All audits, reviews, accounting statements, structural
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integrity reserve studies, and financial reports of the
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association or condominium. Structural integrity reserve studies
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must be maintained for at least 15 years after the study is
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completed.
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e. All contracts for work to be performed. Bids for work
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to be performed are also considered official records and must be
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maintained by the association for at least 1 year after receipt
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of the bid.
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12. Ballots, sign-in sheets, voting proxies, and all other
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papers and electronic records relating to voting by unit owners,
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which must be maintained for 1 year from the date of the
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election, vote, or meeting to which the document relates,
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notwithstanding paragraph (b).
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13. All rental records if the association is acting as
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agent for the rental of condominium units.
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14. A copy of the current question and answer sheet as
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described in s. 718.504.
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15. A copy of the inspection reports described in ss.
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553.899 and 718.301(4)(p) and any other inspection report
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relating to a structural or life safety inspection of
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condominium property. Such record must be maintained by the
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association for 15 years after receipt of the report.
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16. Bids for materials, equipment, or services.
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17. All affirmative acknowledgments made pursuant to s.
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718.121(4)(c).
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18. A copy of all building permits.
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19. A copy of all satisfactorily completed board member
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educational certificates.
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20. A copy of all affidavits required by this chapter.
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21. A copy of the association's turnover certificate.
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22. A copy of the association's annual report required
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under s. 617.1622.
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23.21. All other written records of the association not
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specifically included in the foregoing which are related to the
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operation of the association.
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Section 2. Section 718.124, Florida Statutes, is amended
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to read:
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718.124 Limitation on actions by association.—
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(1) The statute of limitations and statute of repose for
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any actions in law or equity which a condominium association or
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a cooperative association may have do shall not begin to run
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until the unit owners have elected a majority of the members of
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the board of administration.
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(2) The tolling of any applicable statute of limitations
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and statute of repose under subsection (1) does not apply to
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actions that are subject to s. 95.11(3)(b). Actions that are
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subject to s. 95.11(3)(b) must be commenced within the time
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periods prescribed in s. 95.11(3)(b) and subsection (1) may not
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be construed to extend, suspend, or otherwise toll such
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limitation periods.
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Section 3. Subsection (2) of section 718.301, Florida
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Statutes, is amended to read:
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718.301 Transfer of association control; claims of defect
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by association.—
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(2)(a) Within 75 days after the unit owners other than the
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developer are entitled to elect a member or members of the board
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of administration of an association, the association shall call,
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and give not less than 60 days' notice of an election for the
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members of the board of administration. The election shall
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proceed as provided in s. 718.112(2)(d). The notice may be given
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by any unit owner if the association fails to do so. Upon
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election of the first unit owner other than the developer to the
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board of administration, the developer shall forward to the
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division the name and mailing address of the unit owner board
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member.
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(b) Within 30 days after the election in which the unit
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owners other than the developer elect a majority of the members
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of the board of administration of an association, the board
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shall file with the division a turnover certificate. The
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turnover certificate must include the date of the election and
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the names and mailing addresses of each elected unit owner board
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member. The division shall maintain a publicly accessible online
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database of turnover certificates which must include the name
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and mailing address of the condominium, the date on which
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turnover occurred, and a digital copy of the turnover
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certificate.
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Section 4. Subsection (4) is added to section 718.501,
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Florida Statutes, to read:
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718.501 Authority, responsibility, and duties of Division
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of Florida Condominiums, Timeshares, and Mobile Homes.—
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(4) The division shall create and maintain a searchable
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electronic database of each turnover certificate filed pursuant
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to s. 718.301(2)(b). The database must include the name and
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mailing address of each condominium association, the date on
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which turnover occurred, and a digital copy of the turnover
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certificate. The division shall adopt rules prescribing the form
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and content of the turnover certificate and the procedures for
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electronically filing a turnover certificate.
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Section 5. This act shall take effect July 1, 2026.