Florida Senate - 2017                                    SB 1258
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01254-17                                           20171258__
    1                        A bill to be entitled                      
    2         An act relating to condominiums; amending s. 718.112,
    3         F.S.; authorizing fines to be assessed against
    4         condominium association officers and directors who
    5         knowingly commit certain offenses; authorizing the
    6         Division of Florida Condominiums, Timeshares, and
    7         Mobile Homes to recall certain officers or board
    8         members under certain circumstances; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (o) of subsection (2) of section
   14  718.112, Florida Statutes, is amended to read:
   15         718.112 Bylaws.—
   16         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   17  following and, if they do not do so, shall be deemed to include
   18  the following:
   19         (o) Director or officer offenses.—
   20         1. A director or officer charged by information or
   21  indictment with a felony theft or embezzlement offense involving
   22  the association’s funds or property must be removed from office,
   23  creating a vacancy in the office to be filled according to law
   24  until the end of the period of the suspension or the end of the
   25  director’s term of office, whichever occurs first. While such
   26  director or officer has such criminal charge pending, he or she
   27  may not be appointed or elected to a position as a director or
   28  officer. However, if the charges are resolved without a finding
   29  of guilt, the director or officer shall be reinstated for the
   30  remainder of his or her term of office, if any.
   31         2. If the board of administration or the division
   32  determines a director or officer has knowingly violated any
   33  association bylaw or provision of this chapter, the officer or
   34  director is liable to the association for the following fines:
   35         a. Two hundred and fifty dollars for a first violation.
   36         b. Five hundred dollars for a second violation.
   37         c. One thousand dollars for a third or subsequent
   38  violation, and such director or officer may be recalled by order
   39  of the division.
   40         Section 2. This act shall take effect July 1, 2017.