Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 680
       
       
       
       
       
       
                                Barcode 772364                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Sachs moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 137 and 138
    4  insert:
    5         Section 2. Paragraph (c) of subsection (12) of section
    6  718.111, Florida Statutes, is amended to read:
    7         718.111 The association.—
    8         (12) OFFICIAL RECORDS.—
    9         (c) The official records of the association are open to
   10  inspection by any association member or the authorized
   11  representative of such member at all reasonable times. The right
   12  to inspect the records includes the right to make or obtain
   13  copies, at the reasonable expense, if any, of the member. The
   14  association may adopt reasonable rules regarding the frequency,
   15  time, location, notice, and manner of record inspections and
   16  copying. The failure of an association to provide the records
   17  within 10 working days after receipt of a written request
   18  creates a rebuttable presumption that the association willfully
   19  failed to comply with this paragraph. A unit owner who is denied
   20  access to official records is entitled to the actual damages or
   21  minimum damages for the association’s willful failure to comply.
   22  Minimum damages are $50 per calendar day for up to 10 days,
   23  beginning on the 11th working day after receipt of the written
   24  request. The failure to permit inspection entitles any person
   25  prevailing in an enforcement action to recover reasonable
   26  attorney’s fees from the person in control of the records who,
   27  directly or indirectly, knowingly denied access to the records.
   28  Any person who knowingly or intentionally defaces or destroys
   29  accounting records that are required by this chapter to be
   30  maintained during the period for which such records are required
   31  to be maintained, or who knowingly or intentionally fails to
   32  create or maintain accounting records that are required to be
   33  created or maintained, with the intent of causing harm to the
   34  association or one or more of its members, is personally subject
   35  to a civil penalty pursuant to s. 718.501(1)(d). The association
   36  shall maintain an adequate number of copies of the declaration,
   37  articles of incorporation, bylaws, and rules, and all amendments
   38  to each of the foregoing, as well as the question and answer
   39  sheet as described in s. 718.504 and year-end financial
   40  information required under this section, on the condominium
   41  property to ensure their availability to unit owners and
   42  prospective purchasers, and may charge its actual costs for
   43  preparing and furnishing these documents to those requesting the
   44  documents. Notwithstanding this paragraph, the following records
   45  are not accessible to unit owners:
   46         1. Any record protected by the lawyer-client privilege as
   47  described in s. 90.502 and any record protected by the work
   48  product privilege, including a record prepared by an association
   49  attorney or prepared at the attorney’s express direction, which
   50  reflects a mental impression, conclusion, litigation strategy,
   51  or legal theory of the attorney or the association, and which
   52  was prepared exclusively for civil or criminal litigation or for
   53  adversarial administrative proceedings, or which was prepared in
   54  anticipation of such litigation or proceedings until the
   55  conclusion of the litigation or proceedings.
   56         2. Information obtained by an association in connection
   57  with the approval of the lease, sale, or other transfer of a
   58  unit.
   59         3. Personnel records of association or management company
   60  employees, including, but not limited to, disciplinary, payroll,
   61  health, and insurance records. For purposes of this
   62  subparagraph, the term “personnel records” does not include
   63  written employment agreements with an association employee or
   64  management company, or budgetary or financial records that
   65  indicate the compensation paid to an association employee.
   66         4. Medical records of unit owners.
   67         5. Social security numbers, driver’s license numbers,
   68  credit card numbers, e-mail addresses, telephone numbers,
   69  facsimile numbers, emergency contact information, addresses of a
   70  unit owner other than as provided to fulfill the association’s
   71  notice requirements, and other personal identifying information
   72  of any person, excluding the person’s name, unit designation,
   73  mailing address, property address, and any address, e-mail
   74  address, or facsimile number provided to the association to
   75  fulfill the association’s notice requirements. However, an owner
   76  may consent in writing to the disclosure of protected
   77  information described in this subparagraph.
   78         a. An association may publish a directory that includes the
   79  name, address, telephone number, and unit number for unit
   80  owners. Unit owners may be included in the directory if the
   81  inclusion of the information is authorized by the board of
   82  administration. Upon approval by the board, each unit owner
   83  shall be notified in writing of the board’s action. The unit
   84  owner has 30 days to file a written objection only to the
   85  inclusion of his or her telephone number. The directory may not
   86  be published until after the 30-day objection period has
   87  expired. The telephone number of a unit owner who objects may
   88  not be included in the directory.
   89         b. The association is not liable for the inadvertent
   90  disclosure of information that is protected under this
   91  subparagraph if the information is included in an official
   92  record of the association and is voluntarily provided by an
   93  owner and not requested by the association.
   94         6.  Electronic security measures that are used by the
   95  association to safeguard data, including passwords.
   96         7. The software and operating system used by the
   97  association which allow the manipulation of data, even if the
   98  owner owns a copy of the same software used by the association.
   99  The data is part of the official records of the association.
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102         And the title is amended as follows:
  103         Between lines 4 and 5
  104  insert:
  105         718.111, F.S.; providing for the publication of a
  106         directory of unit owners if approved by the board;
  107         amending s.