Florida Senate - 2023                                     SB 316
       
       
        
       By Senator Osgood
       
       
       
       
       
       32-00531-23                                            2023316__
    1                        A bill to be entitled                      
    2         An act relating to electronic voting in community
    3         associations; amending ss. 718.128 and 720.317, F.S.;
    4         specifying that unit owners in condominium
    5         associations and members of homeowners’ associations,
    6         respectively, may consent electronically to online
    7         voting; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 718.128, Florida Statutes, is amended to
   12  read:
   13         718.128 Electronic voting.—
   14         (1) The association may conduct elections and other unit
   15  owner votes through an Internet-based online voting system if a
   16  unit owner consents, electronically or in writing, to online
   17  voting and if the following requirements are met:
   18         (a)(1) The association provides each unit owner with:
   19         1.(a) A method to authenticate the unit owner’s identity to
   20  the online voting system.
   21         2.(b) For elections of the board, a method to transmit an
   22  electronic ballot to the online voting system that ensures the
   23  secrecy and integrity of each ballot.
   24         3.(c) A method to confirm, at least 14 days before the
   25  voting deadline, that the unit owner’s electronic device can
   26  successfully communicate with the online voting system.
   27         (b)(2) The association uses an online voting system that
   28  is:
   29         1.(a) Able to authenticate the unit owner’s identity.
   30         2.(b) Able to authenticate the validity of each electronic
   31  vote to ensure that the vote is not altered in transit.
   32         3.(c) Able to transmit a receipt from the online voting
   33  system to each unit owner who casts an electronic vote.
   34         4.(d) For elections of the board of administration, able to
   35  permanently separate any authentication or identifying
   36  information from the electronic election ballot, rendering it
   37  impossible to tie an election ballot to a specific unit owner.
   38         5.(e) Able to store and keep electronic votes accessible to
   39  election officials for recount, inspection, and review purposes.
   40         (2)(3) A unit owner voting electronically pursuant to this
   41  section shall be counted as being in attendance at the meeting
   42  for purposes of determining a quorum. A substantive vote of the
   43  unit owners may not be taken on any issue other than the issues
   44  specifically identified in the electronic vote, when a quorum is
   45  established based on unit owners voting electronically pursuant
   46  to this section.
   47         (4) This section applies to an association that provides
   48  for and authorizes an online voting system pursuant to this
   49  section by a board resolution. The board resolution must provide
   50  that unit owners receive notice of the opportunity to vote
   51  through an online voting system, must establish reasonable
   52  procedures and deadlines for unit owners to consent,
   53  electronically or in writing, to online voting, and must
   54  establish reasonable procedures and deadlines for unit owners to
   55  opt out of online voting after giving consent. Written notice of
   56  a meeting at which the resolution will be considered must be
   57  mailed, delivered, or electronically transmitted to the unit
   58  owners and posted conspicuously on the condominium property or
   59  association property at least 14 days before the meeting.
   60  Evidence of compliance with the 14-day notice requirement must
   61  be made by an affidavit executed by the person providing the
   62  notice and filed with the official records of the association.
   63         (3)(5) A unit owner’s consent to online voting is valid
   64  until the unit owner opts out of online voting according to the
   65  procedures established by the board of administration pursuant
   66  to subsection (4).
   67         (5)(6) This section may apply to any matter that requires a
   68  vote of the unit owners who are not members of a timeshare
   69  condominium association.
   70         Section 2. Section 720.317, Florida Statutes, is amended to
   71  read:
   72         720.317 Electronic voting.—
   73         (1) The association may conduct elections and other
   74  membership votes through an Internet-based online voting system
   75  if a member consents, electronically or in writing, to online
   76  voting and if the following requirements are met:
   77         (a)(1) The association provides each member with:
   78         1.(a) A method to authenticate the member’s identity to the
   79  online voting system.
   80         2.(b) A method to confirm, at least 14 days before the
   81  voting deadline, that the member’s electronic device can
   82  successfully communicate with the online voting system.
   83         3.(c) A method that is consistent with the election and
   84  voting procedures in the association’s bylaws.
   85         (b)(2) The association uses an online voting system that
   86  is:
   87         1.(a) Able to authenticate the member’s identity.
   88         2.(b) Able to authenticate the validity of each electronic
   89  vote to ensure that the vote is not altered in transit.
   90         3.(c) Able to transmit a receipt from the online voting
   91  system to each member who casts an electronic vote.
   92         4.(d) Able to permanently separate any authentication or
   93  identifying information from the electronic election ballot,
   94  rendering it impossible to tie an election ballot to a specific
   95  member. This subparagraph paragraph only applies if the
   96  association’s bylaws provide for secret ballots for the election
   97  of directors.
   98         5.(e) Able to store and keep electronic ballots accessible
   99  to election officials for recount, inspection, and review
  100  purposes.
  101         (2)(3) A member voting electronically pursuant to this
  102  section shall be counted as being in attendance at the meeting
  103  for purposes of determining a quorum.
  104         (4) This section applies to an association that provides
  105  for and authorizes an online voting system pursuant to this
  106  section by a board resolution. The board resolution must provide
  107  that members receive notice of the opportunity to vote through
  108  an online voting system, must establish reasonable procedures
  109  and deadlines for members to consent, electronically or in
  110  writing, to online voting, and must establish reasonable
  111  procedures and deadlines for members to opt out of online voting
  112  after giving consent. Written notice of a meeting at which the
  113  board resolution regarding online voting will be considered must
  114  be mailed, delivered, or electronically transmitted to the unit
  115  owners and posted conspicuously on the condominium property or
  116  association property at least 14 days before the meeting.
  117  Evidence of compliance with the 14-day notice requirement must
  118  be made by an affidavit executed by the person providing the
  119  notice and filed with the official records of the association.
  120         (3)(5) A member’s consent to online voting is valid until
  121  the member opts out of online voting pursuant to the procedures
  122  established by the board of administration pursuant to
  123  subsection (4).
  124         (5)(6) This section may apply to any matter that requires a
  125  vote of the members.
  126         Section 3. This act shall take effect July 1, 2023.