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Senator Posey moved the following substitute for amendment

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(156306):

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     Senate Amendment (with title amendment)

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     Delete line(s) 1018-1101

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and insert:

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notice of the date of the election. Any unit owner or other

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eligible person desiring to be a candidate for the board must

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give written notice to the association not less than 40 days

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before a scheduled election. Together with the written notice and

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agenda as set forth in subparagraph 2., the association shall

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mail, deliver, or electronically transmit a second notice of the

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election to all unit owners entitled to vote therein, together

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with a ballot which shall list all candidates. Upon request of a

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candidate, the association shall include an information sheet, no

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larger than 81/2 inches by 11 inches, which must be furnished by

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the candidate not less than 35 days before the election, to be

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included with the mailing, delivery, or transmission of the

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ballot, with the costs of mailing, delivery, or electronic

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transmission and copying to be borne by the association. The

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association is not liable for the contents of the information

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sheets prepared by the candidates. In order to reduce costs, the

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association may print or duplicate the information sheets on both

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sides of the paper. The division shall by rule establish voting

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procedures consistent with the provisions contained herein,

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including rules establishing procedures for giving notice by

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electronic transmission and rules providing for the secrecy of

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ballots. Elections shall be decided by a plurality of those

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ballots cast. There shall be no quorum requirement; however, at

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least 20 percent of the eligible voters must cast a ballot in

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order to have a valid election of members of the board. No unit

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owner shall permit any other person to vote his or her ballot,

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and any such ballots improperly cast shall be deemed invalid,

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provided any unit owner who violates this provision may be fined

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by the association in accordance with s. 718.303. A unit owner

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who needs assistance in casting the ballot for the reasons stated

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in s. 101.051 may obtain assistance in casting the ballot. The

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regular election shall occur on the date of the annual meeting.

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The provisions of this subparagraph shall not apply to timeshare

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condominium associations. Notwithstanding the provisions of this

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subparagraph, an election is not required unless more candidates

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file notices of intent to run or are nominated than board

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vacancies exist.

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     4.  Any approval by unit owners called for by this chapter

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or the applicable declaration or bylaws, including, but not

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limited to, the approval requirement in s. 718.111(8), shall be

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made at a duly noticed meeting of unit owners and shall be

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subject to all requirements of this chapter or the applicable

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condominium documents relating to unit owner decisionmaking,

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except that unit owners may take action by written agreement,

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without meetings, on matters for which action by written

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agreement without meetings is expressly allowed by the applicable

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bylaws or declaration or any statute that provides for such

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action.

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     5.  Unit owners may waive notice of specific meetings if

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allowed by the applicable bylaws or declaration or any statute.

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If authorized by the bylaws, notice of meetings of the board of

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administration, unit owner meetings, except unit owner meetings

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called to recall board members under paragraph (j), and committee

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meetings may be given by electronic transmission to unit owners

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who consent to receive notice by electronic transmission.

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     6.  Unit owners shall have the right to participate in

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meetings of unit owners with reference to all designated agenda

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items. However, the association may adopt reasonable rules

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governing the frequency, duration, and manner of unit owner

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participation.

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     7.  Any unit owner may tape record or videotape a meeting of

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the unit owners subject to reasonable rules adopted by the

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division.

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     8.  Unless otherwise provided in the bylaws, any vacancy

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occurring on the board before the expiration of a term may be

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filled by the affirmative vote of the majority of the remaining

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directors, even if the remaining directors constitute less than a

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quorum, or by the sole remaining director. In the alternative, a

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board may hold an election to fill the vacancy, in which case the

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election procedures must conform to the requirements of

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subparagraph 3. unless the association governs 10 units or fewer

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and has opted out of the statutory election process, in which

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case the bylaws of the association control. Unless otherwise

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provided in the bylaws, a board member appointed or elected under

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this section shall fill the vacancy for the unexpired term of the

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seat being filled. Filling vacancies created by recall is

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governed by paragraph (j) and rules adopted by the division.

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     9. Within 30 days after being elected to the board of

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directors, a new director shall certify in writing to the

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secretary of the association that he or she has read the

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association's declarations of covenants and restrictions,

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articles of incorporation, bylaws, and current written policies,

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he or she will work to uphold such documents and policies to the

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best of his or her ability, and he or she will faithfully

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discharge his or her fiduciary responsibility to the

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association's members. Failure to timely file such statement

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automatically disqualifies the director from service on the

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association's board of directors. The secretary shall cause the

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association to retain a director's certification for inspection

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by the members for 5 years after a director's election. Failure

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to have such certification on file does not affect the validity

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of any appropriate action.

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

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And the title is amended as follows:

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     Delete line(s) 61-66

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and insert:

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board; authorizing an association consisting of a

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specified maximum number of units to provide for different

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voting and election procedures in its bylaws by

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affirmative vote of a majority of the association's voting

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interests; requiring that a newly elected director certify

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in writing to the secretary of the association that he or

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she has read and will uphold certain documents within a

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specified period; providing that the failure to timely

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file such statement automatically disqualifies the

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director from serving on the association's board of

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directors; requiring the secretary to retain such

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statement for a certain period;

4/23/2008  10:02:00 AM     24-08474-08