Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2604
       
       
       
       
       
       
                                Barcode 758282                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2009           .                                
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       The Committee on Regulated Industries (Diaz de la Portilla)
       recommended the following:
       
    1         Senate Amendment to Amendment (626528) (with directory
    2  amendment)
    3  
    4         Between lines 411 and 412
    5  insert:
    6         (b)1. Board directors may be recalled by an agreement in
    7  writing or by written ballot without a membership meeting. The
    8  agreement in writing or the written ballots, or a copy thereof,
    9  shall be served on the association by certified mail or by
   10  personal service in the manner authorized by chapter 48 and the
   11  Florida Rules of Civil Procedure.
   12         2. The board shall duly notice and hold a meeting of the
   13  board within 5 full business days after receipt of the agreement
   14  in writing or written ballots. At the meeting, the board shall
   15  either certify the written ballots or written agreement to
   16  recall a director or directors of the board, in which case such
   17  director or directors shall be recalled effective immediately
   18  and shall turn over to the board within 5 full business days any
   19  and all records and property of the association in their
   20  possession, or proceed as described in paragraph (d).
   21         3. When it is determined by the department pursuant to
   22  binding arbitration proceedings that an initial recall effort
   23  was defective, written recall agreements or written ballots used
   24  in the first recall effort and not found to be defective may be
   25  reused in one subsequent recall effort. However, in no event is
   26  a written agreement or written ballot valid for more than 120
   27  days after it has been signed by the member.
   28         4. Any rescission or revocation of a member’s written
   29  recall ballot or agreement must be in writing and, in order to
   30  be effective, must be delivered to the association before the
   31  association is served with the written recall agreements or
   32  ballots.
   33         5. The agreement in writing or ballot shall list at least
   34  as many possible replacement directors as there are directors
   35  subject to the recall, when at least a majority of the board is
   36  sought to be recalled; the person executing the recall
   37  instrument may vote for as many replacement candidates as there
   38  are directors subject to the recall.
   39  
   40  
   41  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   42         And the directory clause is amended as follows:
   43         Delete lines 214 - 218
   44  and insert:
   45         Section 2. Paragraph (b) of subsection (2),
   46  paragraphs(a)and(c)of subsection (5), paragraphs
   47  (b),(c),(d),(f), and (g) of subsection (6), and paragraphs (b)
   48  and (d) of subsection (10) of section 720.303, Florida Statutes,
   49  are amended, and subsection (12) is added to that section, to
   50  read: