Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 919, 1st Eng.
       
       
       
       
       
       
                                Ì217604ÉÎ217604                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             05/02/2023 04:43 PM       .      05/04/2023 10:25 AM       
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       Senator Rodriguez moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Homeowners’
    6  Associations Bill of Rights.”
    7         Section 2. Paragraph (c) of subsection (2) and paragraph
    8  (g) of subsection (4) of section 720.303, Florida Statutes, are
    9  amended, and paragraph (d) is added to subsection (8) of that
   10  section, to read:
   11         720.303 Association powers and duties; meetings of board;
   12  official records; budgets; financial reporting; association
   13  funds; recalls.—
   14         (2) BOARD MEETINGS.—
   15         (c) The bylaws shall provide the following for giving
   16  notice to parcel owners and members of all board meetings and,
   17  if they do not do so, shall be deemed to include the following:
   18         1. Notices of all board meetings must specifically identify
   19  agenda items for the meetings and must be posted in a
   20  conspicuous place in the community at least 48 hours in advance
   21  of a meeting, except in an emergency. In the alternative, if
   22  notice is not posted in a conspicuous place in the community,
   23  notice of each board meeting must be mailed or delivered to each
   24  member at least 7 days before the meeting, except in an
   25  emergency. Notwithstanding this general notice requirement, for
   26  communities with more than 100 members, the association bylaws
   27  may provide for a reasonable alternative to posting or mailing
   28  of notice for each board meeting, including publication of
   29  notice, provision of a schedule of board meetings, or the
   30  conspicuous posting and repeated broadcasting of the notice on a
   31  closed-circuit cable television system serving the homeowners’
   32  association. However, if broadcast notice is used in lieu of a
   33  notice posted physically in the community, the notice must be
   34  broadcast at least four times every broadcast hour of each day
   35  that a posted notice is otherwise required. When broadcast
   36  notice is provided, the notice and agenda must be broadcast in a
   37  manner and for a sufficient continuous length of time so as to
   38  allow an average reader to observe the notice and read and
   39  comprehend the entire content of the notice and the agenda. In
   40  addition to any of the authorized means of providing notice of a
   41  meeting of the board, the association may, by rule, adopt a
   42  procedure for conspicuously posting the meeting notice and the
   43  agenda on the association’s website or an application that can
   44  be downloaded on a mobile device for at least the minimum period
   45  of time for which a notice of a meeting is also required to be
   46  physically posted on the association property. Any rule adopted
   47  must, in addition to other matters, include a requirement that
   48  the association send an electronic notice to members whose e
   49  mail addresses are included in the association’s official
   50  records in the same manner as is required for a notice of a
   51  meeting of the members. Such notice must include a hyperlink to
   52  the website or such mobile application on which the meeting
   53  notice is posted. The association may provide notice by
   54  electronic transmission in a manner authorized by law for
   55  meetings of the board of directors, committee meetings requiring
   56  notice under this section, and annual and special meetings of
   57  the members to any member who has provided a facsimile number or
   58  e-mail address to the association to be used for such purposes;
   59  however, a member must consent in writing to receiving notice by
   60  electronic transmission.
   61         2. An assessment may not be levied at a board meeting
   62  unless the notice of the meeting includes a statement that
   63  assessments will be considered and the nature of the
   64  assessments. Written notice of any meeting at which special
   65  assessments will be considered or at which amendments to rules
   66  regarding parcel use will be considered must be mailed,
   67  delivered, or electronically transmitted to the members and
   68  parcel owners and posted conspicuously on the property or
   69  broadcast on closed-circuit cable television not less than 14
   70  days before the meeting.
   71         3. Directors may not vote by proxy or by secret ballot at
   72  board meetings, except that secret ballots may be used in the
   73  election of officers. This subsection also applies to the
   74  meetings of any committee or other similar body, when a final
   75  decision will be made regarding the expenditure of association
   76  funds, and to any body vested with the power to approve or
   77  disapprove architectural decisions with respect to a specific
   78  parcel of residential property owned by a member of the
   79  community.
   80         (4) OFFICIAL RECORDS.—The association shall maintain each
   81  of the following items, when applicable, which constitute the
   82  official records of the association:
   83         (g) A current roster of all members and their designated
   84  mailing addresses and parcel identifications. A member’s
   85  designated mailing address is the member’s property address,
   86  unless the member has sent written notice to the association
   87  requesting that a different mailing address be used for all
   88  required notices. The association shall also maintain the e-mail
   89  electronic mailing addresses and the facsimile numbers
   90  designated by members for receiving notice sent by electronic
   91  transmission of those members consenting to receive notice by
   92  electronic transmission. A member’s e-mail address is the e-mail
   93  address the member provided when consenting in writing to
   94  receiving notice by electronic transmission, unless the member
   95  has sent written notice to the association requesting that a
   96  different e-mail address be used for all required notices. The
   97  e-mail electronic mailing addresses and facsimile numbers
   98  provided by members unit owners to receive notice by electronic
   99  transmission must shall be removed from association records when
  100  the member revokes consent to receive notice by electronic
  101  transmission is revoked. However, the association is not liable
  102  for an erroneous disclosure of the e-mail electronic mail
  103  address or the facsimile number for receiving electronic
  104  transmission of notices.
  105         (8) ASSOCIATION FUNDS; COMMINGLING.—
  106         (d)If an association collects a deposit from a member for
  107  any reason, including to pay for expenses that may be incurred
  108  as a result of construction on a member’s parcel, such funds
  109  must be maintained separately and may not be commingled with any
  110  other association funds. Upon completion of the member’s
  111  construction project or other reason for which the deposit was
  112  collected, the member may request an accounting from the
  113  association of his or her funds that were deposited, and the
  114  association must provide such accounting to the member within 7
  115  days after receiving the member’s request. An association must
  116  remit payment of any unused funds to the member within 30 days
  117  after receiving notice that the member’s construction project,
  118  or other reason for which the deposit was collected, is
  119  complete.
  120         Section 3. Subsections (3) and (4) of section 720.3033,
  121  Florida Statutes, are amended, and subsection (6) is added to
  122  that section, to read:
  123         720.3033 Officers and directors.—
  124         (3) An officer, a director, or a manager may not solicit,
  125  offer to accept, or accept any thing good or service of value
  126  for which consideration has not been provided for his or her
  127  benefit or for the benefit of a member of his or her immediate
  128  family from any person providing or proposing to provide goods
  129  or services to the association. An officer, a director, or a
  130  manager who knowingly solicits, offers to accept, or accepts any
  131  thing or service of value or kickback for which consideration
  132  has not been provided for his or her own benefit or that of his
  133  or her immediate family from any person providing or proposing
  134  to provide goods or services to the association is subject to
  135  monetary damages under s. 617.0834. If the board finds that an
  136  officer or a director has violated this subsection, the board
  137  shall immediately remove the officer or director from office.
  138  The vacancy shall be filled according to law until the end of
  139  the officer’s or director’s term of office. However, an officer,
  140  a director, or a manager may accept food to be consumed at a
  141  business meeting with a value of less than $25 per individual or
  142  a service or good received in connection with trade fairs or
  143  education programs.
  144         (4)(a) A director or an officer charged by information or
  145  indictment with any of the following crimes must be removed from
  146  office:
  147         1.Forgery of a ballot envelope or voting certificate used
  148  in a homeowners’ association election as provided in s. 831.01.
  149         2.Theft or embezzlement involving the association’s funds
  150  or property as provided in s. 812.014.
  151         3.Destruction of or the refusal to allow inspection or
  152  copying of an official record of a homeowners’ association which
  153  is accessible to parcel owners within the time periods required
  154  by general law, in furtherance of any crime. Such act
  155  constitutes tampering with physical evidence as provided in s.
  156  918.13.
  157         4.Obstruction of justice as provided in chapter 843.
  158         (b)a felony theft or embezzlement offense involving the
  159  association’s funds or property is removed from office. The
  160  board shall fill the vacancy as provided in s. 720.306(9)
  161  according to general law until the end of the period of the
  162  suspension or the end of the director’s term of office,
  163  whichever occurs first. If such criminal charge is pending
  164  against the officer or director, he or she may not be appointed
  165  or elected to a position as an officer or a director of any
  166  association and may not have access to the official records of
  167  any association, except pursuant to a court order. However, if
  168  the charges are resolved without a finding of guilt or without
  169  acceptance of a plea of guilty or nolo contendere, the director
  170  or officer shall be reinstated for any remainder of his or her
  171  term of office. A member who has such criminal charges pending
  172  may not be appointed or elected to a position as a director or
  173  officer.
  174         (6)(a)Directors and officers of an association who are
  175  appointed by the developer must disclose to the association
  176  their relationship to the developer each calendar year in which
  177  they serve as a director or an officer. Directors and officers
  178  appointed by the developer must disclose any other activity that
  179  may reasonably be construed to be a conflict of interest
  180  pursuant to paragraph (b). A developer’s appointment of an
  181  officer or director does not create a presumption that the
  182  officer or director has a conflict of interest with regard to
  183  the performance of his or her official duties.
  184         (b)Directors and officers must disclose to the association
  185  any activity that may be reasonably construed to be a conflict
  186  of interest at least 14 days before voting on an issue or
  187  entering into a contract that is the subject of the conflict. A
  188  rebuttable presumption of a conflict of interest exists if any
  189  of the following acts occur without prior disclosure to the
  190  association:
  191         1.A director or an officer, or a relative of a director or
  192  an officer, enters into a contract for goods or services with
  193  the association.
  194         2.A director or an officer, or a relative of a director or
  195  an officer, holds an interest in a corporation, limited
  196  liability company, partnership, limited liability partnership,
  197  or other business entity that conducts business with the
  198  association or proposes to enter into a contract or other
  199  transaction with the association.
  200         Section 4. Subsections (1), (2), and (5) of section
  201  720.305, Florida Statutes, are amended to read:
  202         720.305 Obligations of members; remedies at law or in
  203  equity; levy of fines and suspension of use rights.—
  204         (1) Each member and the member’s tenants, guests, and
  205  invitees, and each association, are governed by, and must comply
  206  with, this chapter, the governing documents of the community,
  207  and the rules of the association. Actions at law or in equity,
  208  or both, to redress alleged failure or refusal to comply with
  209  these provisions may be brought by the association or by any
  210  member against:
  211         (a) The association;
  212         (b) A member;
  213         (c) Any director or officer of an association who willfully
  214  and knowingly fails to comply with these provisions; and
  215         (d) Any tenants, guests, or invitees occupying a parcel or
  216  using the common areas.
  217  
  218  The prevailing party in any such litigation is entitled to
  219  recover reasonable attorney fees and costs as provided in
  220  paragraph (2)(e). A member prevailing in an action between the
  221  association and the member under this section, in addition to
  222  recovering his or her reasonable attorney fees, may recover
  223  additional amounts as determined by the court to be necessary to
  224  reimburse the member for his or her share of assessments levied
  225  by the association to fund its expenses of the litigation. This
  226  relief does not exclude other remedies provided by law. This
  227  section does not deprive any person of any other available right
  228  or remedy.
  229         (2) An association may levy reasonable fines for violations
  230  of the declaration, association bylaws, or reasonable rules of
  231  the association. A fine may not exceed $100 per violation
  232  against any member or any member’s tenant, guest, or invitee for
  233  the failure of the owner of the parcel or its occupant,
  234  licensee, or invitee to comply with any provision of the
  235  declaration, the association bylaws, or reasonable rules of the
  236  association unless otherwise provided in the governing
  237  documents. A fine may be levied by the board for each day of a
  238  continuing violation, with a single notice and opportunity for
  239  hearing, except that the fine may not exceed $1,000 in the
  240  aggregate unless otherwise provided in the governing documents.
  241  A fine of less than $1,000 may not become a lien against a
  242  parcel. In any action to recover a fine, the prevailing party is
  243  entitled to reasonable attorney fees and costs from the
  244  nonprevailing party as determined by the court.
  245         (a) An association may suspend, for a reasonable period of
  246  time, the right of a member, or a member’s tenant, guest, or
  247  invitee, to use common areas and facilities for the failure of
  248  the owner of the parcel or its occupant, licensee, or invitee to
  249  comply with any provision of the declaration, the association
  250  bylaws, or reasonable rules of the association. This paragraph
  251  does not apply to that portion of common areas used to provide
  252  access or utility services to the parcel. A suspension may not
  253  prohibit an owner or tenant of a parcel from having vehicular
  254  and pedestrian ingress to and egress from the parcel, including,
  255  but not limited to, the right to park.
  256         (b) A fine or suspension levied by the board of
  257  administration may not be imposed unless the board first
  258  provides at least 14 days’ notice to the parcel owner at his or
  259  her designated mailing or e-mail address in the association’s
  260  official records and, if applicable, any occupant, licensee, or
  261  invitee of the parcel owner, sought to be fined or suspended and
  262  an opportunity for a hearing before a committee of at least
  263  three members appointed by the board who are not officers,
  264  directors, or employees of the association, or the spouse,
  265  parent, child, brother, or sister of an officer, director, or
  266  employee. The notice must include a description of the alleged
  267  violation, the specific action required to cure such violation,
  268  if applicable, and the date and location of the hearing. A
  269  parcel owner has the right to attend a hearing by telephone or
  270  other electronic means.
  271         (c) If the committee, by majority vote, does not approve a
  272  proposed fine or suspension, the proposed fine or suspension may
  273  not be imposed. The role of the committee is limited to
  274  determining whether to confirm or reject the fine or suspension
  275  levied by the board.
  276         (d)After the hearing, the committee shall provide written
  277  notice to the parcel owner at his or her designated mailing or
  278  e-mail address in the association’s official records and, if
  279  applicable, any occupant, licensee, or invitee of the parcel
  280  owner, of the committee’s findings related to the violation,
  281  including any applicable fines or suspensions that the committee
  282  approved or rejected, and how the parcel owner or any occupant,
  283  licensee, or invitee of the parcel owner may cure the violation,
  284  if applicable.
  285         (e) If the proposed fine or suspension levied by the board
  286  is approved by the committee by a majority vote, the fine
  287  payment is due 5 days after notice of the approved fine required
  288  under paragraph (d) is provided to the parcel owner and, if
  289  applicable, to any occupant, licensee, or invitee of the parcel
  290  owner. The association must provide written notice of such fine
  291  or suspension by mail or hand delivery to the parcel owner and,
  292  if applicable, to any occupant, licensee, or invitee of the
  293  parcel owner.
  294         (5) All suspensions imposed under pursuant to subsection
  295  (3) or subsection (4) must be approved at a properly noticed
  296  board meeting. Upon approval, the board association must send
  297  written notice to notify the parcel owner and, if applicable,
  298  the parcel’s occupant, licensee, or invitee by mail or hand
  299  delivery to the parcel owner’s designated mailing or e-mail
  300  address in the association’s official records.
  301         Section 5. Section 720.3065, Florida Statutes, is created
  302  to read:
  303         720.3065Fraudulent voting activities relating to
  304  association elections; penalties.—Each of the following acts is
  305  a fraudulent voting activity relating to association elections
  306  and constitutes a misdemeanor of the first degree, punishable as
  307  provided in s. 775.082 or s. 775.083:
  308         (1)Willfully and falsely swearing to or affirming an oath
  309  or affirmation, or willfully procuring another person to falsely
  310  swear to or affirm an oath or affirmation, in connection with or
  311  arising out of voting activities.
  312         (2)Perpetrating or attempting to perpetrate, or aiding in
  313  the perpetration of, fraud in connection with a vote cast, to be
  314  cast, or attempted to be cast.
  315         (3)Preventing a member from voting or preventing a member
  316  from voting as he or she intended by fraudulently changing or
  317  attempting to change a ballot, ballot envelope, vote, or voting
  318  certificate of the member.
  319         (4)Menacing, threatening, or using bribery or any other
  320  corruption to attempt, directly or indirectly, to influence,
  321  deceive, or deter a member when the member is voting.
  322         (5)Giving or promising, directly or indirectly, anything
  323  of value to another member with the intent to buy the vote of
  324  that member or another member or to corruptly influence that
  325  member or another member in casting his or her vote. This
  326  subsection does not apply to any food served which is to be
  327  consumed at an election rally or a meeting or to any item of
  328  nominal value which is used as an election advertisement,
  329  including a campaign message designed to be worn by a member.
  330         (6)Using or threatening to use, directly or indirectly,
  331  force, violence, or intimidation or any tactic of coercion or
  332  intimidation to induce or compel a member to vote or refrain
  333  from voting in an election or on a particular ballot measure.
  334         Section 6. This act shall take effect October 1, 2023.
  335  
  336  ================= T I T L E  A M E N D M E N T ================
  337  And the title is amended as follows:
  338         Delete everything before the enacting clause
  339  and insert:
  340                        A bill to be entitled                      
  341         An act relating to homeowners’ associations; providing
  342         a short title; amending s. 720.303, F.S.; requiring
  343         that notices for board meetings specifically identify
  344         agenda items; requiring an association to maintain
  345         designated addresses as official records; specifying
  346         what constitutes a designated address; conforming
  347         provisions to changes made by the act; prohibiting
  348         certain funds from being commingled with other
  349         association funds; authorizing a member to request an
  350         accounting from an association under certain
  351         circumstances; requiring an association to provide
  352         such accounting and remit unused funds to the member
  353         within specified timeframes; amending s. 720.3033,
  354         F.S.; providing civil penalties for certain actions by
  355         officers, directors, or managers of an association;
  356         revising the circumstances under which a director or
  357         an officer must be removed from office after being
  358         charged by information or indictment; prohibiting such
  359         officers and directors with pending criminal charges
  360         from accessing the official records of any
  361         association; providing an exception; requiring certain
  362         directors and officers to make a specified disclosure;
  363         specifying that the appointment of officers or
  364         directors by a developer does not create a presumption
  365         of a conflict of interest for such officers or
  366         directors; requiring directors and officers of the
  367         association to disclose certain activity and
  368         relationships to the association within a specified
  369         timeframe; creating a rebuttable presumption of a
  370         conflict of interest if certain acts occur; amending
  371         s. 720.305, F.S.; restricting certain attorney fees
  372         and fines; specifying the types of violations for
  373         which an association may levy fines; specifying where
  374         certain notice must be delivered; providing
  375         requirements for such notice; authorizing parcel
  376         owners to attend certain hearings by telephone or
  377         other electronic means; requiring a specified notice
  378         after a hearing; conforming provisions to changes made
  379         by the act; creating s. 720.3065, F.S.; providing
  380         criminal penalties for certain fraudulent voting
  381         activities; providing an effective date.