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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 814

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Dyer moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 14, between lines 15 and 16,

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16  insert:

17         Section 15.  Subsection (2) of section 617.303, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         617.303  Association powers and duties; meetings of

20  board; official records; budgets; financial reporting.--

21         (2)  BOARD MEETINGS.--A meeting of the board of

22  directors of an association occurs whenever a quorum of the

23  board gathers to conduct association business.  All meetings

24  of the board must be open to all members except for meetings

25  between the board and its attorney with respect to proposed or

26  pending litigation where the contents of the discussion would

27  otherwise be governed by the attorney-client privilege.

28  Notices of all board meetings must be posted in a conspicuous

29  place in the community at least 48 hours in advance of a

30  meeting, except in an emergency.  In the alternative, if

31  notice is not posted in a conspicuous place in the community,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 814

    Amendment No.    





 1  notice of each board meeting must be mailed or delivered to

 2  each member at least 7 days before the meeting, except in an

 3  emergency. Notwithstanding this general notice requirement,

 4  for communities with more than 100 members, the bylaws or a

 5  resolution of the board of directors may provide for a

 6  reasonable alternative to posting or mailing of notice for

 7  each board meeting, including publication of notice or

 8  provision of a schedule of board meetings.  An assessment may

 9  not be levied at a board meeting unless the notice of the

10  meeting includes a statement that assessments will be

11  considered and the nature of the assessments. Directors may

12  not vote by proxy or by secret ballot at board meetings,

13  except that secret ballots may be used in the election of

14  officers.  This subsection also applies to the meetings of any

15  committee or other similar body, when a final decision will be

16  made regarding the expenditure of association funds, and to

17  any body vested with the power to approve or disapprove

18  architectural decisions with respect to a specific parcel of

19  residential property owned by a member of the community.

20         Section 16.  Subsection (7) of section 617.306, Florida

21  Statutes, is amended to read:

22         617.306  Associations; meetings of members; voting and

23  election procedures; amendments.--

24         (7)  ELECTIONS.--Elections of directors must be

25  conducted in accordance with the procedures set forth in the

26  governing documents of the association.  All members of the

27  association shall be eligible to serve on the board of

28  directors, and a member may nominate himself or herself as a

29  candidate for the board in the same manner as any other

30  qualified person may be nominated at a meeting where the

31  election is to be held.  Except as otherwise provided in the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 814

    Amendment No.    





 1  governing documents, boards of directors must be elected by a

 2  plurality of the votes cast by eligible voters.

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 4  (Redesignate subsequent sections.)

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 7  ================ T I T L E   A M E N D M E N T ===============

 8  And the title is amended as follows:

 9         On page 2, line 15, after the semicolon,

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11  insert:

12         amending s. 617.303, F.S.; authorizing a

13         resolution of a board of directors to provide

14         an alternative form of notice for a board

15         meeting; amending s. 617.306, F.S.; providing

16         that a member of an association may nominate

17         himself or herself as a candidate for the board

18         in the same manner as any other qualified

19         person may be nominated;

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