Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 798
       
       
       
       
       
       
                                Ì707774HÎ707774                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             04/28/2014 06:14 PM       .                                
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       Senator Ring moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1087 - 1210
    4  and insert:
    5         Section 16. Paragraph (a) of subsection (2) and paragraph
    6  (c) of subsection (5) of section 720.303, Florida Statutes, are
    7  amended to read:
    8         720.303 Association powers and duties; meetings of board;
    9  official records; budgets; financial reporting; association
   10  funds; recalls.—
   11         (2) BOARD MEETINGS.—
   12         (a) A meeting of the board of directors of an association
   13  occurs whenever a quorum of the board gathers to conduct
   14  association business. All Meetings of the board must be open to
   15  all members, except for meetings between the board and its
   16  attorney with respect to proposed or pending litigation where
   17  the contents of the discussion would otherwise be governed by
   18  the attorney-client privilege. A meeting of the board must be
   19  held at a location that is accessible to a physically
   20  handicapped person if requested by a physically handicapped
   21  person who has a right to attend the meeting. The provisions of
   22  this subsection shall also apply to the meetings of any
   23  committee or other similar body when a final decision will be
   24  made regarding the expenditure of association funds and to
   25  meetings of any body vested with the power to approve or
   26  disapprove architectural decisions with respect to a specific
   27  parcel of residential property owned by a member of the
   28  community.
   29         (5) INSPECTION AND COPYING OF RECORDS.—The official records
   30  shall be maintained within the state for at least 7 years and
   31  shall be made available to a parcel owner for inspection or
   32  photocopying within 45 miles of the community or within the
   33  county in which the association is located within 10 business
   34  days after receipt by the board or its designee of a written
   35  request. This subsection may be complied with by having a copy
   36  of the official records available for inspection or copying in
   37  the community or, at the option of the association, by making
   38  the records available to a parcel owner electronically via the
   39  Internet or by allowing the records to be viewed in electronic
   40  format on a computer screen and printed upon request. If the
   41  association has a photocopy machine available where the records
   42  are maintained, it must provide parcel owners with copies on
   43  request during the inspection if the entire request is limited
   44  to no more than 25 pages. An association shall allow a member or
   45  his or her authorized representative to use a portable device,
   46  including a smartphone, tablet, portable scanner, or any other
   47  technology capable of scanning or taking photographs, to make an
   48  electronic copy of the official records in lieu of the
   49  association’s providing the member or his or her authorized
   50  representative with a copy of such records. The association may
   51  not charge a fee to a member or his or her authorized
   52  representative for the use of a portable device.
   53         (c) The association may adopt reasonable written rules
   54  governing the frequency, time, location, notice, records to be
   55  inspected, and manner of inspections, but may not require a
   56  parcel owner to demonstrate any proper purpose for the
   57  inspection, state any reason for the inspection, or limit a
   58  parcel owner’s right to inspect records to less than one 8-hour
   59  business day per month. The association may impose fees to cover
   60  the costs of providing copies of the official records, including
   61  the costs of copying and the costs required for personnel to
   62  retrieve and copy the records if the time spent retrieving and
   63  copying the records exceeds one-half hour and if the personnel
   64  costs do not exceed $20 per hour. Personnel costs may not be
   65  charged for records requests that result in the copying of 25 or
   66  fewer pages. The association may charge up to 25 cents per page
   67  for copies made on the association’s photocopier. If the
   68  association does not have a photocopy machine available where
   69  the records are kept, or if the records requested to be copied
   70  exceed 25 pages in length, the association may have copies made
   71  by an outside duplicating service and may charge the actual cost
   72  of copying, as supported by the vendor invoice. The association
   73  shall maintain an adequate number of copies of the recorded
   74  governing documents, to ensure their availability to members and
   75  prospective members. Notwithstanding this paragraph, the
   76  following records are not accessible to members or parcel
   77  owners:
   78         1. Any record protected by the lawyer-client privilege as
   79  described in s. 90.502 and any record protected by the work
   80  product privilege, including, but not limited to, a record
   81  prepared by an association attorney or prepared at the
   82  attorney’s express direction which reflects a mental impression,
   83  conclusion, litigation strategy, or legal theory of the attorney
   84  or the association and which was prepared exclusively for civil
   85  or criminal litigation or for adversarial administrative
   86  proceedings or which was prepared in anticipation of such
   87  litigation or proceedings until the conclusion of the litigation
   88  or proceedings.
   89         2. Information obtained by an association in connection
   90  with the approval of the lease, sale, or other transfer of a
   91  parcel.
   92         3. Personnel records of association or management company
   93  employees, including, but not limited to, disciplinary, payroll,
   94  health, and insurance records. For purposes of this
   95  subparagraph, the term “personnel records” does not include
   96  written employment agreements with an association or management
   97  company employee or budgetary or financial records that indicate
   98  the compensation paid to an association or management company
   99  employee.
  100         4. Medical records of parcel owners or community residents.
  101         5. Social security numbers, driver license numbers, credit
  102  card numbers, electronic mailing addresses, telephone numbers,
  103  facsimile numbers, emergency contact information, any addresses
  104  for a parcel owner other than as provided for association notice
  105  requirements, and other personal identifying information of any
  106  person, excluding the person’s name, parcel designation, mailing
  107  address, and property address. Notwithstanding the restrictions
  108  in this subparagraph, an association may print and distribute to
  109  parcel owners a directory containing the name, parcel address,
  110  and all telephone numbers number of each parcel owner. However,
  111  an owner may exclude his or her telephone numbers number from
  112  the directory by so requesting in writing to the association. An
  113  owner may consent in writing to the disclosure of other contact
  114  information described in this subparagraph. The association is
  115  not liable for the disclosure of information that is protected
  116  under this subparagraph if the information is included in an
  117  official record of the association and is voluntarily provided
  118  by an owner and not requested by the association.
  119         6. Any electronic security measure that is used by the
  120  association to safeguard data, including passwords.
  121         7. The software and operating system used by the
  122  association which allows the manipulation of data, even if the
  123  owner owns a copy of the same software used by the association.
  124  The data is part of the official records of the association.
  125         Section 17. Paragraphs (a) and (b) of subsection (1) of
  126  section 720.306, Florida Statutes, are amended to read:
  127         720.306 Meetings of members; voting and election
  128  procedures; amendments.—
  129         (1) QUORUM; AMENDMENTS.—
  130         (a) Unless a lower number is provided in the bylaws, the
  131  percentage of voting interests required to constitute a quorum
  132  at a meeting of the members shall be 30 percent of the total
  133  voting interests. Unless otherwise provided in this chapter or
  134  in the articles of incorporation or bylaws, decisions that
  135  require a vote of the members must be made by the concurrence of
  136  at least a majority of the voting interests present, in person
  137  or by proxy, at a meeting at which a quorum has been attained. A
  138  meeting of the members must be held at a location that is
  139  accessible to a physically handicapped person if requested by a
  140  physically handicapped person who has a right to attend the
  141  meeting.
  142         (b) Unless otherwise provided in the governing documents or
  143  required by law, and other than those matters set forth in
  144  paragraph (c), any governing document of an association may be
  145  amended by the affirmative vote of two-thirds of the voting
  146  interests of the association. Within 30 days after recording an
  147  amendment to the governing documents, the association shall
  148  provide copies of the amendment to the members. However, if a
  149  copy of the proposed amendment is provided to the members before
  150  they vote on the amendment and the proposed amendment is not
  151  changed before the vote, the association, in lieu of providing a
  152  copy of the amendment, may provide notice to the members that
  153  the amendment was adopted, identifying the official book and
  154  page number or instrument number of the recorded amendment and
  155  that a copy of the amendment is available at no charge to the
  156  member upon written request to the association. The copies and
  157  notice described in this paragraph may be provided
  158  electronically to those owners who previously consented to
  159  receive notice electronically.
  160  
  161  ================= T I T L E  A M E N D M E N T ================
  162  And the title is amended as follows:
  163         Delete lines 78 - 82
  164  and insert:
  165         amending s. 720.303, F.S.; requiring a board meeting
  166         to be held at a location accessible to physically
  167         handicapped persons upon request of certain authorized
  168         persons; providing that an owner may consent in
  169         writing to the disclosure of certain contact
  170         information; amending s. 720.306, F.S.; requiring a
  171         meeting of the members to be held at a location
  172         accessible to physically handicapped persons upon
  173         request of certain authorized persons; providing for
  174         specified notice to members in lieu of copies of an
  175         amendment; creating s. 720.316, F.S.;