SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 1184
    Amendment No. ___   Barcode 482310
                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 22, line 16, through
15            page 24, line 17, delete those lines
16  
17  and insert:  
18         (5)  "Department" means the Department of Business and
19  Professional Regulation.
20         (6)(5)  "Developer" means a person or entity that:
21         (a)  Creates the community served by the association;
22  or
23         (b)  Succeeds to the rights and liabilities of the
24  person or entity that created the community served by the
25  association, provided that such is evidenced in writing.
26         (7)  "Division" means the Division of Florida Land
27  Sales, Condominiums, and Mobile Homes in the Department of
28  Business and Professional Regulation.
29         (8)(6)  "Governing documents" means:
30         (a)  The recorded declaration of covenants for a
31  community, and all duly adopted and recorded amendments,
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    3:28 PM   04/22/04                              s1184c3c-32j01

SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 supplements, and recorded exhibits thereto; and 2 (b) The articles of incorporation and bylaws of the 3 homeowners' association, and any duly adopted amendments 4 thereto. 5 (9)(7) "Homeowners' association" or "association" 6 means a Florida corporation responsible for the operation of a 7 community or a mobile home subdivision in which the voting 8 membership is made up of parcel owners or their agents, or a 9 combination thereof, and in which membership is a mandatory 10 condition of parcel ownership, and which is authorized to 11 impose assessments that, if unpaid, may become a lien on the 12 parcel. The term "homeowners' association" does not include a 13 community development district or other similar special taxing 14 district created pursuant to statute. 15 (10)(8) "Member" means a member of an association, and 16 may include, but is not limited to, a parcel owner or an 17 association representing parcel owners or a combination 18 thereof, and includes any person or entity obligated by the 19 governing documents to pay an assessment or amenity fee. 20 (11)(9) "Parcel" means a platted or unplatted lot, 21 tract, unit, or other subdivision of real property within a 22 community, as described in the declaration: 23 (a) Which is capable of separate conveyance; and 24 (b) Of which the parcel owner, or an association in 25 which the parcel owner must be a member, is obligated: 26 1. By the governing documents to be a member of an 27 association that serves the community; and 28 2. To pay to the homeowners' association assessments 29 that, if not paid, may result in a lien. 30 (12)(10) "Parcel owner" means the record owner of 31 legal title to a parcel. 2 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 (13)(11) "Voting interest" means the voting rights 2 distributed to the members of the homeowners' association, 3 pursuant to the governing documents. 4 Section 13. Subsections (1), (2), (3), and (4) of 5 section 720.302, are amended to read: 6 720.302 Purposes, scope, and application.-- 7 (1) The purposes of this chapter ss. 720.301-720.312 8 are to give statutory recognition to corporations not for 9 profit that operate residential communities in this state, to 10 provide procedures for operating homeowners' associations, and 11 to protect the rights of association members without unduly 12 impairing the ability of such associations to perform their 13 functions. 14 (2) The Legislature recognizes that it is not in the 15 best interest of homeowners' associations or the individual 16 association members thereof to create or impose a bureau or 17 other agency of state government to regulate the affairs of 18 homeowners' associations. However, in accordance with s. 19 720.311, the Legislature finds that homeowners' associations 20 and their individual members will benefit from an expedited 21 alternative process for resolution of election and recall 22 disputes and presuit mediation of other disputes involving 23 covenant enforcement and authorizes the department to hear, 24 administer, and determine these disputes as more fully set 25 forth in this chapter. Further, the Legislature recognizes 26 that certain contract rights have been created for the benefit 27 of homeowners' associations and members thereof before the 28 effective date of this act and that ss. 720.301-720.501 ss. 29 720.301-720.312 are not intended to impair such contract 30 rights, including, but not limited to, the rights of the 31 developer to complete the community as initially contemplated. 3 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 (3) This chapter does Sections 720.301-720.312 do not 2 apply to: 3 (a) A community that is composed of property primarily 4 intended for commercial, industrial, or other nonresidential 5 use; or 6 (b) The commercial or industrial parcels in a 7 community that contains both residential parcels and parcels 8 intended for commercial or industrial use. 9 (4) This chapter does Sections 720.301-720.312 do not 10 apply to any association that is subject to regulation under 11 chapter 718, chapter 719, or chapter 721; or to any 12 nonmandatory association formed under chapter 723. 13 Section 14. Section 720.303, Florida Statutes, is 14 amended to read: 15 720.303 Association powers and duties; meetings of 16 board; official records; budgets; financial reporting; 17 association funds; recalls.-- 18 (1) POWERS AND DUTIES.--An association which operates 19 a community as defined in s. 720.301, must be operated by an 20 association that is a Florida corporation. After October 1, 21 1995, the association must be incorporated and the initial 22 governing documents must be recorded in the official records 23 of the county in which the community is located. An 24 association may operate more than one community. The officers 25 and directors of an association have a fiduciary relationship 26 to the members who are served by the association. The powers 27 and duties of an association include those set forth in this 28 chapter and, except as expressly limited or restricted in this 29 chapter, those set forth in the governing documents. After 30 control of the association is obtained by members unit owners 31 other than the developer, the association may institute, 4 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 maintain, settle, or appeal actions or hearings in its name on 2 behalf of all members concerning matters of common interest to 3 the members, including, but not limited to, the common areas; 4 roof or structural components of a building, or other 5 improvements for which the association is responsible; 6 mechanical, electrical, or plumbing elements serving an 7 improvement or building for which the association is 8 responsible; representations of the developer pertaining to 9 any existing or proposed commonly used facility; and 10 protesting ad valorem taxes on commonly used facilities. The 11 association may defend actions in eminent domain or bring 12 inverse condemnation actions. Before commencing litigation 13 against any party in the name of the association involving 14 amounts in controversy in excess of $100,000, the association 15 must obtain the affirmative approval of a majority of the 16 voting interests at a meeting of the membership at which a 17 quorum has been attained. This subsection does not limit any 18 statutory or common-law right of any individual member or 19 class of members to bring any action without participation by 20 the association. A member does not have authority to act for 21 the association by virtue of being a member. An association 22 may have more than one class of members and may issue 23 membership certificates. An association of 15 or fewer parcel 24 owners may enforce only the requirements of those deed 25 restrictions established prior to the purchase of each parcel 26 upon an affected parcel owner or owners. 27 (2) BOARD MEETINGS.-- 28 (a) A meeting of the board of directors of an 29 association occurs whenever a quorum of the board gathers to 30 conduct association business. All meetings of the board must 31 be open to all members except for meetings between the board 5 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 and its attorney with respect to proposed or pending 2 litigation where the contents of the discussion would 3 otherwise be governed by the attorney-client privilege. 4 (b) Members have the right to attend all meetings of 5 the board and to speak on any matter placed on the agenda by 6 petition of the voting interests for at least 3 minutes. The 7 association may adopt written reasonable rules expanding the 8 right of members to speak and governing the frequency, 9 duration, and other manner of member statements, which rules 10 must be consistent with this paragraph and may include a 11 sign-up sheet for members wishing to speak. Notwithstanding 12 any other law, the requirement that board meetings and 13 committee meetings be open to the members is inapplicable to 14 meetings between the board or a committee and the 15 association's attorney, with respect to meetings of the board 16 held for the purpose of discussing personnel matters. 17 (c) The bylaws shall provide for giving notice to 18 parcel owners and members of all board meetings and, if they 19 do not do so, shall be deemed to provide the following: 20 1. Notices of all board meetings must be posted in a 21 conspicuous place in the community at least 48 hours in 22 advance of a meeting, except in an emergency. In the 23 alternative, if notice is not posted in a conspicuous place in 24 the community, notice of each board meeting must be mailed or 25 delivered to each member at least 7 days before the meeting, 26 except in an emergency. Notwithstanding this general notice 27 requirement, for communities with more than 100 members, the 28 bylaws may provide for a reasonable alternative to posting or 29 mailing of notice for each board meeting, including 30 publication of notice, provision of a schedule of board 31 meetings, or the conspicuous posting and repeated broadcasting 6 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 of the notice on a closed-circuit cable television system 2 serving the homeowners' association. However, if broadcast 3 notice is used in lieu of a notice posted physically in the 4 community, the notice must be broadcast at least four times 5 every broadcast hour of each day that a posted notice is 6 otherwise required. When broadcast notice is provided, the 7 notice and agenda must be broadcast in a manner and for a 8 sufficient continuous length of time so as to allow an average 9 reader to observe the notice and read and comprehend the 10 entire content of the notice and the agenda. The bylaws or 11 amended bylaws may provide for giving notice by electronic 12 transmission in a manner authorized by law for meetings of the 13 board of directors, committee meetings requiring notice under 14 this section, and annual and special meetings of the members; 15 however, a member must consent in writing to receiving notice 16 by electronic transmission. 17 2. An assessment may not be levied at a board meeting 18 unless the notice of the meeting includes a statement that 19 assessments will be considered and the nature of the 20 assessments. Written notice of any meeting at which special 21 assessments will be considered or at which amendments to rules 22 regarding parcel use will be considered must be mailed, 23 delivered, or electronically transmitted to the members and 24 parcel owners and posted conspicuously on the property or 25 broadcast on closed-circuit cable television not less than 14 26 days before the meeting. 27 3. Directors may not vote by proxy or by secret ballot 28 at board meetings, except that secret ballots may be used in 29 the election of officers. This subsection also applies to the 30 meetings of any committee or other similar body, when a final 31 decision will be made regarding the expenditure of association 7 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 funds, and to any body vested with the power to approve or 2 disapprove architectural decisions with respect to a specific 3 parcel of residential property owned by a member of the 4 community. 5 (d) If 20 percent of the total voting interests 6 petition the board to address an item of business, the board 7 shall at its next regular board meeting or at a special 8 meeting of the board, but not later than 60 days after the 9 receipt of the petition, take the petitioned item up on an 10 agenda. The board shall give all members notice of the meeting 11 at which the petitioned item shall be addressed in accordance 12 with the 14-day notice requirement pursuant to subparagraph 2. 13 Each member shall have the right to speak for at least 3 14 minutes on each matter placed on the agenda by petition, 15 provided that the member signs the sign-up sheet, if one is 16 provided, or submits a written request to speak prior to the 17 meeting. Other than addressing the petitioned item at the 18 meeting, the board is not obligated to take any other action 19 requested by the petition. 20 (3) MINUTES.--Minutes of all meetings of the members 21 of an association and of the board of directors of an 22 association must be maintained in written form or in another 23 form that can be converted into written form within a 24 reasonable time. A vote or abstention from voting on each 25 matter voted upon for each director present at a board meeting 26 must be recorded in the minutes. 27 (4) OFFICIAL RECORDS.--The association shall maintain 28 each of the following items, when applicable, which constitute 29 the official records of the association: 30 (a) Copies of any plans, specifications, permits, and 31 warranties related to improvements constructed on the common 8 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 areas or other property that the association is obligated to 2 maintain, repair, or replace. 3 (b) A copy of the bylaws of the association and of 4 each amendment to the bylaws. 5 (c) A copy of the articles of incorporation of the 6 association and of each amendment thereto. 7 (d) A copy of the declaration of covenants and a copy 8 of each amendment thereto. 9 (e) A copy of the current rules of the homeowners' 10 association. 11 (f) The minutes of all meetings of the board of 12 directors and of the members, which minutes must be retained 13 for at least 7 years. 14 (g) A current roster of all members and their mailing 15 addresses and parcel identifications. The association shall 16 also maintain the electronic mailing addresses and the numbers 17 designated by members for receiving notice sent by electronic 18 transmission of those members consenting to receive notice by 19 electronic transmission. The electronic mailing addresses and 20 numbers provided by unit owners to receive notice by 21 electronic transmission shall be removed from association 22 records when consent to receive notice by electronic 23 transmission is revoked. However, the association is not 24 liable for an erroneous disclosure of the electronic mail 25 address or the number for receiving electronic transmission of 26 notices. 27 (h) All of the association's insurance policies or a 28 copy thereof, which policies must be retained for at least 7 29 years. 30 (i) A current copy of all contracts to which the 31 association is a party, including, without limitation, any 9 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 management agreement, lease, or other contract under which the 2 association has any obligation or responsibility. Bids 3 received by the association for work to be performed must also 4 be considered official records and must be kept for a period 5 of 1 year. 6 (j) The financial and accounting records of the 7 association, kept according to good accounting practices. All 8 financial and accounting records must be maintained for a 9 period of at least 7 years. The financial and accounting 10 records must include: 11 1. Accurate, itemized, and detailed records of all 12 receipts and expenditures. 13 2. A current account and a periodic statement of the 14 account for each member, designating the name and current 15 address of each member who is obligated to pay assessments, 16 the due date and amount of each assessment or other charge 17 against the member, the date and amount of each payment on the 18 account, and the balance due. 19 3. All tax returns, financial statements, and 20 financial reports of the association. 21 4. Any other records that identify, measure, record, 22 or communicate financial information. 23 (k) A copy of the disclosure summary described in s. 24 720.401(2). 25 (l) All other written records of the association not 26 specifically included in the foregoing which are related to 27 the operation of the association. 28 (5) INSPECTION AND COPYING OF RECORDS.--The official 29 records shall be maintained within the state and must be open 30 to inspection and available for photocopying by members or 31 their authorized agents at reasonable times and places within 10 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 10 business days after receipt of a written request for 2 access. This subsection may be complied with by having a copy 3 of the official records available for inspection or copying in 4 the community. If the association has a photocopy machine 5 available where the records are maintained, it must provide 6 parcel owners with copies on request during the inspection if 7 the entire request is limited to no more than 25 pages. 8 (a) The failure of an association to provide access to 9 the records within 10 business days after receipt of a written 10 request creates a rebuttable presumption that the association 11 willfully failed to comply with this subsection. 12 (b) A member who is denied access to official records 13 is entitled to the actual damages or minimum damages for the 14 association's willful failure to comply with this subsection. 15 The minimum damages are to be $50 per calendar day up to 10 16 days, the calculation to begin on the 11th business day after 17 receipt of the written request. 18 (c) The association may adopt reasonable written rules 19 governing the frequency, time, location, notice, records to be 20 inspected, and manner of inspections, but may not impose a 21 requirement that a parcel owner demonstrate any proper purpose 22 for the inspection, state any reason for the inspection, or 23 limit a parcel owner's right to inspect records to less than 24 one 8-hour business day per month. The association and may 25 impose fees to cover the costs of providing copies of the 26 official records, including, without limitation, the costs of 27 copying. The association may charge up to 50 cents per page 28 for copies made on the association's photocopier. If the 29 association does not have a photocopy machine available where 30 the records are kept, or if the records requested to be copied 31 exceed 25 pages in length, the association may have copies 11 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 made by an outside vendor and may charge the actual cost of 2 copying. The association shall maintain an adequate number of 3 copies of the recorded governing documents, to ensure their 4 availability to members and prospective members, and may 5 charge only its actual costs for reproducing and furnishing 6 these documents to those persons who are entitled to receive 7 them. Notwithstanding the provisions of this paragraph, the 8 following records shall not be accessible to members or parcel 9 owners: 10 1. Any record protected by the lawyer-client privilege 11 as described in s. 90.502 and any record protected by the 12 work-product privilege, including, but not limited to, any 13 record prepared by an association attorney or prepared at the 14 attorney's express direction which reflects a mental 15 impression, conclusion, litigation strategy, or legal theory 16 of the attorney or the association and was prepared 17 exclusively for civil or criminal litigation or for 18 adversarial administrative proceedings or which was prepared 19 in anticipation of imminent civil or criminal litigation or 20 imminent adversarial administrative proceedings until the 21 conclusion of the litigation or adversarial administrative 22 proceedings. 23 2. Information obtained by an association in 24 connection with the approval of the lease, sale, or other 25 transfer of a parcel. 26 3. Disciplinary, health, insurance, and personnel 27 records of the association's employees. 28 4. Medical records of parcel owners or community 29 residents. 30 (6) BUDGETS.--The association shall prepare an annual 31 budget. The budget must reflect the estimated revenues and 12 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 expenses for that year and the estimated surplus or deficit as 2 of the end of the current year. The budget must set out 3 separately all fees or charges for recreational amenities, 4 whether owned by the association, the developer, or another 5 person. The association shall provide each member with a copy 6 of the annual budget or a written notice that a copy of the 7 budget is available upon request at no charge to the member. 8 The copy must be provided to the member within the time limits 9 set forth in subsection (5). 10 (7) FINANCIAL REPORTING.--The association shall 11 prepare an annual financial report within 60 days after the 12 close of the fiscal year. The association shall, within the 13 time limits set forth in subsection (5), provide each member 14 with a copy of the annual financial report or a written notice 15 that a copy of the financial report is available upon request 16 at no charge to the member. Financial reports shall be 17 prepared as follows The financial report must consist of 18 either: 19 (a) An association that meets the criteria of this 20 paragraph shall prepare or cause to be prepared a complete set 21 of financial statements in accordance with generally accepted 22 accounting principles. The financial statements shall be based 23 upon the association's total annual revenues, as follows: 24 1. An association with total annual revenues of 25 $100,000 or more, but less than $200,000, shall prepare 26 compiled financial statements. 27 2. An association with total annual revenues of at 28 least $200,000, but less than $400,000, shall prepare reviewed 29 financial statements. 30 3. An association with total annual revenues of 31 $400,000 or more shall prepare audited financial statements. 13 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 Financial statements presented in conformity with generally 2 accepted accounting principles; or 3 (b) A financial report of actual receipts and 4 expenditures, cash basis, which report must show: 5 1. An association with total annual revenues of less 6 than $100,000 shall prepare a report of cash receipts and 7 expenditures. The amount of receipts and expenditures by 8 classification; and 9 2. An association in a community of fewer than 50 10 parcels, regardless of the association's annual revenues, may 11 prepare a report of cash receipts and expenditures in lieu of 12 financial statements required by paragraph (a) unless the 13 governing documents provide otherwise. The beginning and 14 ending cash balances of the association. 15 3. A report of cash receipts and disbursement must 16 disclose the amount of receipts by accounts and receipt 17 classifications and the amount of expenses by accounts and 18 expense classifications, including, but not limited to, the 19 following, as applicable: costs for security, professional, 20 and management fees and expenses; taxes; costs for recreation 21 facilities; expenses for refuse collection and utility 22 services; expenses for lawn care; costs for building 23 maintenance and repair; insurance costs; administration and 24 salary expenses; and reserves if maintained by the 25 association. 26 (c) If 20 percent of the parcel owners petition the 27 board for a level of financial reporting higher than that 28 required by this section, the association shall duly notice 29 and hold a meeting of members within 30 days of receipt of the 30 petition for the purpose of voting on raising the level of 31 reporting for that fiscal year. Upon approval of a majority of 14 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 the total voting interests of the parcel owners, the 2 association shall prepare or cause to be prepared, shall amend 3 the budget or adopt a special assessment to pay for the 4 financial report regardless of any provision to the contrary 5 in the governing documents, and shall provide within 90 days 6 of the meeting or the end of the fiscal year, whichever occurs 7 later: 8 1. Compiled, reviewed, or audited financial 9 statements, if the association is otherwise required to 10 prepare a report of cash receipts and expenditures; 11 2. Reviewed or audited financial statements, if the 12 association is otherwise required to prepare compiled 13 financial statements; or 14 3. Audited financial statements if the association is 15 otherwise required to prepare reviewed financial statements. 16 (d) If approved by a majority of the voting interests 17 present at a properly called meeting of the association, an 18 association may prepare or cause to be prepared: 19 1. A report of cash receipts and expenditures in lieu 20 of a compiled, reviewed, or audited financial statement; 21 2. A report of cash receipts and expenditures or a 22 compiled financial statement in lieu of a reviewed or audited 23 financial statement; or 24 3. A report of cash receipts and expenditures, a 25 compiled financial statement, or a reviewed financial 26 statement in lieu of an audited financial statement. 27 (8) ASSOCIATION FUNDS; COMMINGLING.-- 28 (a) All association funds held by a developer shall be 29 maintained separately in the association's name. Reserve and 30 operating funds of the association shall not be commingled 31 prior to turnover except the association may jointly invest 15 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 reserve funds; however, such jointly invested funds must be 2 accounted for separately. 3 (b) No developer in control of a homeowners' 4 association shall commingle any association funds with his or 5 her funds or with the funds of any other homeowners' 6 association or community association. 7 (c) Association funds may not be used by a developer 8 to defend a civil or criminal action, administrative 9 proceeding, or arbitration proceeding that has been filed 10 against the developer or directors appointed to the 11 association board by the developer, even when the subject of 12 the action or proceeding concerns the operation of the 13 developer-controlled association. 14 (9) APPLICABILITY.--Sections 617.1601-617.1604 do not 15 apply to a homeowners' association in which the members have 16 the inspection and copying rights set forth in this section. 17 (10) RECALL OF DIRECTORS.-- 18 (a)1. Regardless of any provision to the contrary 19 contained in the governing documents, subject to the 20 provisions of s. 720.307 regarding transition of association 21 control, any member of the board or directors may be recalled 22 and removed from office with or without cause by a majority of 23 the total voting interests. 24 2. When the governing documents, including the 25 declaration, articles of incorporation, or bylaws, provide 26 that only a specific class of members is entitled to elect a 27 board director or directors, only that class of members may 28 vote to recall those board directors so elected. 29 (b)1. Board directors may be recalled by an agreement 30 in writing or by written ballot without a membership meeting. 31 The agreement in writing or the written ballots, or a copy 16 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 thereof, shall be served on the association by certified mail 2 or by personal service in the manner authorized by chapter 48 3 and the Florida Rules of Civil Procedure. 4 2. The board shall duly notice and hold a meeting of 5 the board within 5 full business days after receipt of the 6 agreement in writing or written ballots. At the meeting, the 7 board shall either certify the written ballots or written 8 agreement to recall a director or directors of the board, in 9 which case such director or directors shall be recalled 10 effective immediately and shall turn over to the board within 11 5 full business days any and all records and property of the 12 association in their possession, or proceed as described in 13 paragraph (d). 14 3. When it is determined by the department pursuant to 15 binding arbitration proceedings that an initial recall effort 16 was defective, written recall agreements or written ballots 17 used in the first recall effort and not found to be defective 18 may be reused in one subsequent recall effort. However, in no 19 event is a written agreement or written ballot valid for more 20 than 120 days after it has been signed by the member. 21 4. Any rescission or revocation of a member's written 22 recall ballot or agreement must be in writing and, in order to 23 be effective, must be delivered to the association before the 24 association is served with the written recall agreements or 25 ballots. 26 5. The agreement in writing or ballot shall list at 27 least as many possible replacement directors as there are 28 directors subject to the recall, when at least a majority of 29 the board is sought to be recalled; the person executing the 30 recall instrument may vote for as many replacement candidates 31 as there are directors subject to the recall. 17 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 (c)1. If the declaration, articles of incorporation, 2 or bylaws specifically provide, the members may also recall 3 and remove a board director or directors by a vote taken at a 4 meeting. If so provided in the governing documents, a special 5 meeting of the members to recall a director or directors of 6 the board of administration may be called by 10 percent of the 7 voting interests giving notice of the meeting as required for 8 a meeting of members, and the notice shall state the purpose 9 of the meeting. Electronic transmission may not be used as a 10 method of giving notice of a meeting called in whole or in 11 part for this purpose. 12 2. The board shall duly notice and hold a board 13 meeting within 5 full business days after the adjournment of 14 the member meeting to recall one or more directors. At the 15 meeting, the board shall certify the recall, in which case 16 such member or members shall be recalled effective immediately 17 and shall turn over to the board within 5 full business days 18 any and all records and property of the association in their 19 possession, or shall proceed as set forth in subparagraph (d). 20 (d) If the board determines not to certify the written 21 agreement or written ballots to recall a director or directors 22 of the board or does not certify the recall by a vote at a 23 meeting, the board shall, within 5 full business days after 24 the meeting, file with the department a petition for binding 25 arbitration pursuant to the applicable procedures in ss. 26 718.1255 and 718.112(2)(j) and the rules adopted thereunder. 27 For the purposes of this section, the members who voted at the 28 meeting or who executed the agreement in writing shall 29 constitute one party under the petition for arbitration. If 30 the arbitrator certifies the recall as to any director or 31 directors of the board, the recall will be effective upon 18 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 mailing of the final order of arbitration to the association. 2 The director or directors so recalled shall deliver to the 3 board any and all records of the association in their 4 possession within 5 full business days after the effective 5 date of the recall. 6 (e) If a vacancy occurs on the board as a result of a 7 recall and less than a majority of the board directors are 8 removed, the vacancy may be filled by the affirmative vote of 9 a majority of the remaining directors, notwithstanding any 10 provision to the contrary contained in this subsection or in 11 the association documents. If vacancies occur on the board as 12 a result of a recall and a majority or more of the board 13 directors are removed, the vacancies shall be filled by 14 members voting in favor of the recall; if removal is at a 15 meeting, any vacancies shall be filled by the members at the 16 meeting. If the recall occurred by agreement in writing or by 17 written ballot, members may vote for replacement directors in 18 the same instrument in accordance with procedural rules 19 adopted by the division, which rules need not be consistent 20 with this subsection. 21 (f) If the board fails to duly notice and hold a board 22 meeting within 5 full business days after service of an 23 agreement in writing or within 5 full business days after the 24 adjournment of the member recall meeting, the recall shall be 25 deemed effective and the board directors so recalled shall 26 immediately turn over to the board all records and property of 27 the association. 28 (g) If a director who is removed fails to relinquish 29 his or her office or turn over records as required under this 30 section, the circuit court in the county where the association 31 maintains its principal office may, upon the petition of the 19 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 association, summarily order the director to relinquish his or 2 her office and turn over all association records upon 3 application of the association. 4 (h) The minutes of the board meeting at which the 5 board decides whether to certify the recall are an official 6 association record. The minutes must record the date and time 7 of the meeting, the decision of the board, and the vote count 8 taken on each board member subject to the recall. In addition, 9 when the board decides not to certify the recall, as to each 10 vote rejected, the minutes must identify the parcel number and 11 the specific reason for each such rejection. 12 (i) When the recall of more than one board director is 13 sought, the written agreement, ballot, or vote at a meeting 14 shall provide for a separate vote for each board director 15 sought to be recalled. 16 Section 15. Section 720.304, Florida Statutes, is 17 amended to read: 18 720.304 Right of owners to peaceably assemble; display 19 of flag; SLAPP suits prohibited.-- 20 (1) All common areas and recreational facilities 21 serving any homeowners' association shall be available to 22 parcel owners in the homeowners' association served thereby 23 and their invited guests for the use intended for such common 24 areas and recreational facilities. The entity or entities 25 responsible for the operation of the common areas and 26 recreational facilities may adopt reasonable rules and 27 regulations pertaining to the use of such common areas and 28 recreational facilities. No entity or entities shall 29 unreasonably restrict any parcel owner's right to peaceably 30 assemble or right to invite public officers or candidates for 31 public office to appear and speak in common areas and 20 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 recreational facilities. 2 (2) Any homeowner may display one portable, removable 3 United States flag or official flag of the State of Florida in 4 a respectful manner, and on Armed Forces Day, Memorial Day, 5 Flag Day, Independence Day, and Veterans Day may display in a 6 respectful manner portable, removable official flags, not 7 larger than 4 1/2 feet by 6 feet, which represents the United 8 States Army, Navy, Air Force, Marine Corps, or Coast Guard, 9 regardless of any declaration rules or requirements dealing 10 with flags or decorations. 11 (3) Any owner prevented from exercising rights 12 guaranteed by subsection (1) or subsection (2) may bring an 13 action in the appropriate court of the county in which the 14 alleged infringement occurred, and, upon favorable 15 adjudication, the court shall enjoin the enforcement of any 16 provision contained in any homeowners' association document or 17 rule that operates to deprive the owner of such rights. 18 (4) It is the intent of the Legislature to protect the 19 right of parcel owners to exercise their rights to instruct 20 their representatives and petition for redress of grievances 21 before the various governmental entities of this state as 22 protected by the First Amendment to the United States 23 Constitution and s. 5, Art. I of the State Constitution. The 24 Legislature recognizes that "Strategic Lawsuits Against Public 25 Participation" or "SLAPP" suits, as they are typically called, 26 have occurred when members are sued by individuals, business 27 entities, or governmental entities arising out of a parcel 28 owner's appearance and presentation before a governmental 29 entity on matters related to the homeowners' association. 30 However, it is the public policy of this state that government 31 entities, business organizations, and individuals not engage 21 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 in SLAPP suits because such actions are inconsistent with the 2 right of parcel owners to participate in the state's 3 institutions of government. Therefore, the Legislature finds 4 and declares that prohibiting such lawsuits by governmental 5 entities, business entities, and individuals against parcel 6 owners who address matters concerning their homeowners' 7 association will preserve this fundamental state policy, 8 preserve the constitutional rights of parcel owners, and 9 assure the continuation of representative government in this 10 state. It is the intent of the Legislature that such lawsuits 11 be expeditiously disposed of by the courts. 12 (a) As used in this subsection, the term "governmental 13 entity" means the state, including the executive, legislative, 14 and judicial branches of government, the independent 15 establishments of the state, counties, municipalities, 16 districts, authorities, boards, or commissions, or any 17 agencies of these branches which are subject to chapter 286. 18 (b) A governmental entity, business organization, or 19 individual in this state may not file or cause to be filed 20 through its employees or agents any lawsuit, cause of action, 21 claim, cross-claim, or counterclaim against a parcel owner 22 without merit and solely because such parcel owner has 23 exercised the right to instruct his or her representatives or 24 the right to petition for redress of grievances before the 25 various governmental entities of this state, as protected by 26 the First Amendment to the United States Constitution and s. 27 5, Art. I of the State Constitution. 28 (c) A parcel owner sued by a governmental entity, 29 business organization, or individual in violation of this 30 section has a right to an expeditious resolution of a claim 31 that the suit is in violation of this section. A parcel owner 22 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 may petition the court for an order dismissing the action or 2 granting final judgment in favor of that parcel owner. The 3 petitioner may file a motion for summary judgment, together 4 with supplemental affidavits, seeking a determination that the 5 governmental entity's, business organization's, or 6 individual's lawsuit has been brought in violation of this 7 section. The governmental entity, business organization, or 8 individual shall thereafter file its response and any 9 supplemental affidavits. As soon as practicable, the court 10 shall set a hearing on the petitioner's motion, which shall be 11 held at the earliest possible time after the filing of the 12 governmental entity's, business organization's or individual's 13 response. The court may award the parcel owner sued by the 14 governmental entity, business organization, or individual 15 actual damages arising from the governmental entity's, 16 individual's, or business organization's violation of this 17 section. A court may treble the damages awarded to a 18 prevailing parcel owner and shall state the basis for the 19 treble damages award in its judgment. The court shall award 20 the prevailing party reasonable attorney's fees and costs 21 incurred in connection with a claim that an action was filed 22 in violation of this section. 23 (d) Homeowners' associations may not expend 24 association funds in prosecuting a SLAPP suit against a parcel 25 owner. 26 (5)(a) Any parcel owner may construct an access ramp 27 if a resident or occupant of the parcel has a medical 28 necessity or disability that requires a ramp for egress and 29 ingress under the following conditions: 30 1. The ramp must be as unobtrusive as possible, be 31 designed to blend in aesthetically as practicable, and be 23 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 reasonably sized to fit the intended use. 2 2. Plans for the ramp must be submitted in advance to 3 the homeowners' association. The association may make 4 reasonable requests to modify the design to achieve 5 architectural consistency with surrounding structures and 6 surfaces. 7 (b) The parcel owner must submit to the association an 8 affidavit from a physician attesting to the medical necessity 9 or disability of the resident or occupant of the parcel 10 requiring the access ramp. Certification used for s. 320.0848 11 shall be sufficient to meet the affidavit requirement. 12 (6) Any parcel owner may display a sign of reasonable 13 size provided by a contractor for security services within 10 14 feet of any entrance to the home. 15 Section 16. Subsection (2) of section 720.305, Florida 16 Statutes, is amended to read: 17 720.305 Obligations of members; remedies at law or in 18 equity; levy of fines and suspension of use rights; failure to 19 fill sufficient number of vacancies on board of directors to 20 constitute a quorum; appointment of receiver upon petition of 21 any member.-- 22 (2) If the governing documents so provide, an 23 association may suspend, for a reasonable period of time, the 24 rights of a member or a member's tenants, guests, or invitees, 25 or both, to use common areas and facilities and may levy 26 reasonable fines, not to exceed $100 per violation, against 27 any member or any tenant, guest, or invitee. A fine may be 28 levied on the basis of each day of a continuing violation, 29 with a single notice and opportunity for hearing, except that 30 no such fine shall exceed $1,000 in the aggregate unless 31 otherwise provided in the governing documents. A fine shall 24 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 not become a lien against a parcel. In any action to recover a 2 fine, the prevailing party is entitled to collect its 3 reasonable attorney's fees and costs from the nonprevailing 4 party as determined by the court. 5 (a) A fine or suspension may not be imposed without 6 notice of at least 14 days to the person sought to be fined or 7 suspended and an opportunity for a hearing before a committee 8 of at least three members appointed by the board who are not 9 officers, directors, or employees of the association, or the 10 spouse, parent, child, brother, or sister of an officer, 11 director, or employee. If the committee, by majority vote, 12 does not approve a proposed fine or suspension, it may not be 13 imposed. 14 (b) The requirements of this subsection do not apply 15 to the imposition of suspensions or fines upon any member 16 because of the failure of the member to pay assessments or 17 other charges when due if such action is authorized by the 18 governing documents. 19 (c) Suspension of common-area-use rights shall not 20 impair the right of an owner or tenant of a parcel to have 21 vehicular and pedestrian ingress to and egress from the 22 parcel, including, but not limited to, the right to park. 23 Section 17. Section 720.3055, Florida Statutes, is 24 created to read: 25 720.3055 Contracts for products and services; in 26 writing; bids; exceptions.-- 27 (1) All contracts as further described in this section 28 or any contract that is not to be fully performed within 1 29 year after the making thereof for the purchase, lease, or 30 renting of materials or equipment to be used by the 31 association in accomplishing its purposes under this chapter 25 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 or the governing documents, and all contracts for the 2 provision of services, shall be in writing. If a contract for 3 the purchase, lease, or renting of materials or equipment, or 4 for the provision of services, requires payment by the 5 association that exceeds 10 percent of the total annual budget 6 of the association, including reserves, the association must 7 obtain competitive bids for the materials, equipment, or 8 services. Nothing contained in this section shall be construed 9 to require the association to accept the lowest bid. 10 (2)(a)1. Notwithstanding the foregoing, contracts with 11 employees of the association, and contracts for attorney, 12 accountant, architect, community association manager, 13 engineering, and landscape architect services are not subject 14 to the provisions of this section. 15 2. A contract executed before October 1, 2004, and any 16 renewal thereof, is not subject to the competitive bid 17 requirements of this section. If a contract was awarded under 18 the competitive bid procedures of this section, any renewal of 19 that contract is not subject to such competitive bid 20 requirements if the contract contains a provision that allows 21 the board to cancel the contract on 30 days' notice. 22 Materials, equipment, or services provided to an association 23 under a local government franchise agreement by a franchise 24 holder are not subject to the competitive bid requirements of 25 this section. A contract with a manager, if made by a 26 competitive bid, may be made for up to 3 years. An association 27 whose declaration or bylaws provide for competitive bidding 28 for services may operate under the provisions of that 29 declaration or bylaws in lieu of this section if those 30 provisions are not less stringent than the requirements of 31 this section. 26 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 (b) Nothing contained in this section is intended to 2 limit the ability of an association to obtain needed products 3 and services in an emergency. 4 (c) This section does not apply if the business entity 5 with which the association desires to enter into a contract is 6 the only source of supply within the county serving the 7 association. 8 (d) Nothing contained in this section shall excuse a 9 party contracting to provide maintenance or management 10 services from compliance with s. 720.309. 11 Section 18. Present subsections (5) through (8) of 12 section 720.306, Florida Statutes, are renumbered as 13 subsections (7) through (10), respectively, present subsection 14 (7) is amended, and new subsections (5) and (6) are added to 15 that section to read: 16 720.306 Meetings of members; voting and election 17 procedures; amendments.-- 18 (5) NOTICE OF MEETINGS.--The bylaws shall provide for 19 giving notice to members of all member meetings, and if they 20 do not do so shall be deemed to provide the following: The 21 association shall give all parcel owners and members actual 22 notice of all membership meetings, which shall be mailed, 23 delivered, or electronically transmitted to the members not 24 less than 14 days prior to the meeting. Evidence of compliance 25 with this 14-day notice shall be made by an affidavit executed 26 by the person providing the notice and filed upon execution 27 among the official records of the association. In addition to 28 mailing, delivering, or electronically transmitting the notice 29 of any meeting, the association may, by reasonable rule, adopt 30 a procedure for conspicuously posting and repeatedly 31 broadcasting the notice and the agenda on a closed-circuit 27 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 cable television system serving the association. When 2 broadcast notice is provided, the notice and agenda must be 3 broadcast in a manner and for a sufficient continuous length 4 of time so as to allow an average reader to observe the notice 5 and read and comprehend the entire content of the notice and 6 the agenda. 7 (6) RIGHT TO SPEAK.--Members and parcel owners have 8 the right to attend all membership meetings and to speak at 9 any meeting with reference to all items opened for discussion 10 or included on the agenda. Notwithstanding any provision to 11 the contrary in the governing documents or any rules adopted 12 by the board or by the membership, a member and a parcel owner 13 have the right to speak for at least 3 minutes on any item, 14 provided that the member or parcel owner submits a written 15 request to speak prior to the meeting. The association may 16 adopt written reasonable rules governing the frequency, 17 duration, and other manner of member and parcel owner 18 statements, which rules must be consistent with this 19 paragraph. 20 (9)(7) ELECTIONS.--Elections of directors must be 21 conducted in accordance with the procedures set forth in the 22 governing documents of the association. All members of the 23 association shall be eligible to serve on the board of 24 directors, and a member may nominate himself or herself as a 25 candidate for the board at a meeting where the election is to 26 be held. Except as otherwise provided in the governing 27 documents, boards of directors must be elected by a plurality 28 of the votes cast by eligible voters. Any election dispute 29 between a member and an association must be submitted to 30 mandatory binding arbitration with the division. Such 31 proceedings shall be conducted in the manner provided by s. 28 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 718.1255 and the procedural rules adopted by the division. 2 Section 19. Section 720.311, Florida Statutes, is 3 amended to read: 4 720.311 Dispute resolution.-- 5 (1) The Legislature finds that alternative dispute 6 resolution has made progress in reducing court dockets and 7 trials and in offering a more efficient, cost-effective option 8 to litigation. The filing of any petition for mediation or 9 arbitration provided for in this section shall toll the 10 applicable statute of limitations. Any recall dispute filed 11 with the department pursuant to s. 720.303(10) shall be 12 conducted by the department in accordance with the provisions 13 of ss. 718.1255 and 718.112(2)(j) and the rules adopted by the 14 division. In addition, the department shall conduct mandatory 15 binding arbitration of election disputes between a member and 16 an association pursuant to s. 718.1255 and rules adopted by 17 the division. Neither election disputes nor recall disputes 18 are eligible for mediation; these disputes shall be arbitrated 19 by the department. At the conclusion of the proceeding, the 20 department shall charge the parties a fee in an amount 21 adequate to cover all costs and expenses incurred by the 22 department in conducting the proceeding. Initially, the 23 petitioner shall remit a filing fee of at least $200 to the 24 department. The fees paid to the department shall become a 25 recoverable cost in the arbitration proceeding and the 26 prevailing party in an arbitration proceeding shall recover 27 its reasonable costs and attorney's fees in an amount found 28 reasonable by the arbitrator. The department shall adopt rules 29 to effectuate the purposes of this section. 30 (2)(a) Disputes between an association and a parcel 31 owner regarding use of or changes to the parcel or the common 29 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 areas and other covenant enforcement disputes, disputes 2 regarding amendments to the association documents, disputes 3 regarding meetings of the board and committees appointed by 4 the board, membership meetings not including election 5 meetings, and access to the official records of the 6 association shall be filed with the department for mandatory 7 mediation before the dispute is filed in court. Mediation 8 proceedings must be conducted in accordance with the 9 applicable Florida Rules of Civil Procedure, and these 10 proceedings are privileged and confidential to the same extent 11 as court-ordered mediation. An arbitrator or judge may not 12 consider any information or evidence arising from the 13 mediation proceeding except in a proceeding to impose 14 sanctions for failure to attend a mediation session. Persons 15 who are not parties to the dispute may not attend the 16 mediation conference without the consent of all parties, 17 except for counsel for the parties and a corporate 18 representative designated by the association. When mediation 19 is attended by a quorum of the board, such mediation is not a 20 board meeting for purposes of notice and participation set 21 forth in s. 720.303. The department shall conduct the 22 proceedings through the use of department mediators or refer 23 the disputes to private mediators who have been duly certified 24 by the department as provided in paragraph (c). The parties 25 shall share the costs of mediation equally, including the fee 26 charged by the mediator, if any, unless the parties agree 27 otherwise. If a department mediator is used, the department 28 may charge such fee as is necessary to pay expenses of the 29 mediation, including, but not limited to, the salary and 30 benefits of the mediator and any travel expenses incurred. The 31 petitioner shall initially file with the department upon 30 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 filing the disputes, a filing fee of $200, which shall be used 2 to defray the costs of the mediation. At the conclusion of the 3 mediation, the department shall charge to the parties, to be 4 shared equally unless otherwise agreed by the parties, such 5 further fees as are necessary to fully reimburse the 6 department for all expenses incurred in the mediation. 7 (b) If mediation as described in paragraph (a) is not 8 successful in resolving all issues between the parties, the 9 parties may file the unresolved dispute in a court of 10 competent jurisdiction or elect to enter into binding or 11 nonbinding arbitration pursuant to the procedures set forth in 12 s. 718.1255 and rules adopted by the division, with the 13 arbitration proceeding to be conducted by a department 14 arbitrator or by a private arbitrator certified by the 15 department. If all parties do not agree to arbitration 16 proceedings following an unsuccessful mediation, any party may 17 file the dispute in court. A final order resulting from 18 nonbinding arbitration is final and enforceable in the courts 19 if a complaint for trial de novo is not filed in a court of 20 competent jurisdiction within 30 days after entry of the 21 order. 22 (c) The department shall develop a certification and 23 training program for private mediators and private arbitrators 24 which shall emphasize experience and expertise in the area of 25 the operation of community associations. A mediator or 26 arbitrator shall be certified by the department only if he or 27 she has attended at least 20 hours of training in mediation or 28 arbitration, as appropriate, and only if the applicant has 29 mediated or arbitrated at least 10 disputes involving 30 community associations within 5 years prior to the date of the 31 application, or has mediated or arbitrated 10 disputes in any 31 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 area within 5 years prior to the date of application and has 2 completed 20 hours of training in community association 3 disputes. In order to be certified by the department, any 4 mediator must also be certified by the Florida Supreme Court. 5 The department may conduct the training and certification 6 program within the department or may contract with an outside 7 vendor to perform the training or certification. The expenses 8 of operating the training and certification and training 9 program shall be paid by the moneys and filing fees generated 10 by the arbitration of recall and election disputes and by the 11 mediation of those disputes referred to in this subsection and 12 by the training fees. 13 (d) The mediation procedures provided by this 14 subsection may be used by a Florida corporation responsible 15 for the operation of a community in which the voting members 16 are parcel owners or their representatives, in which 17 membership in the corporation is not a mandatory condition of 18 parcel ownership, or which is not authorized to impose an 19 assessment that may become a lien on the parcel. 20 (3) The department shall develop an education program 21 to assist homeowners, associations, board members, and 22 managers in understanding and increasing awareness of the 23 operation of homeowners' associations pursuant to chapter 720 24 and in understanding the use of alternative dispute resolution 25 techniques in resolving disputes between parcel owners and 26 associations or between owners. Such education program may 27 include the development of pamphlets and other written 28 instructional guides, the holding of classes and meetings by 29 department employees or outside vendors, as the department 30 determines, and the creation and maintenance of a website 31 containing instructional materials. The expenses of operating 32 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 the education program shall be initially paid by the moneys 2 and filing fees generated by the arbitration of recall and 3 election disputes and by the mediation of those disputes 4 referred to in this subsection. At any time after the filing 5 in a court of competent jurisdiction of a complaint relating 6 to a dispute under ss. 720.301-720.312, the court may order 7 that the parties enter mediation or arbitration procedures. 8 9 (Redesignate subsequent sections.) 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 2, line 27, after the first semicolon, 15 16 insert: 17 providing definitions; prescribing a 18 legislative purpose of providing alternative 19 dispute resolution procedures for disputes 20 involving elections and recalls; amending s. 21 720.303, F.S.; prescribing the right of an 22 association to enforce deed restrictions; 23 prescribing rights of members and parcel owners 24 to attend and address association board 25 meetings and to have items placed on an agenda; 26 prescribing additional requirements for notice 27 of meetings; providing for additional materials 28 to be maintained as records; providing 29 additional requirements and limitations with 30 respect to inspecting and copying records; 31 providing requirements with respect to 33 3:28 PM 04/22/04 s1184c3c-32j01
SENATE AMENDMENT Bill No. CS for CS for CS for SB 1184 Amendment No. ___ Barcode 482310 1 financial statements; providing procedures for 2 recall of directors; amending s. 720.304, F.S.; 3 prescribing owners' rights with respect to flag 4 display; prohibiting certain lawsuits against 5 parcel owners; providing penalties; allowing a 6 parcel owner to construct a ramp for a parcel 7 resident who has a medical need for a ramp; 8 providing conditions; allowing the display of a 9 security-services sign; amending s. 720.305, 10 F.S.; providing that a fine by an association 11 cannot become a lien against a parcel; 12 providing for attorney's fees in actions to 13 recover fines; creating s. 720.3055, F.S.; 14 prescribing requirements for contracts for 15 products and services; amending s. 720.306, 16 F.S.; providing for notice of and right to 17 speak at member meetings; requiring election 18 disputes between a member and an association to 19 be submitted to mandatory binding arbitration; 20 amending s. 720.311, F.S.; expanding 21 requirements and guidelines with respect to 22 alternative dispute resolution; providing 23 requirements for mediation and arbitration; 24 providing for training and education programs; 25 26 27 28 29 30 31 34 3:28 PM 04/22/04 s1184c3c-32j01