Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 7044
       
       
       
       
       
       
                                Ì295518AÎ295518                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/15/2024           .                                
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       The Committee on Rules (Osgood) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 721 and 722
    4  insert:
    5         Section 8. Section 720.317, Florida Statutes, is amended to
    6  read:
    7         720.317 Electronic voting.—The association may conduct
    8  elections and other membership votes through an Internet-based
    9  online voting system if a member consents, electronically or in
   10  writing, to online voting and if the following requirements are
   11  met:
   12         (1) The association provides each member with:
   13         (a) A method to authenticate the member’s identity to the
   14  online voting system.
   15         (b) A method to confirm, at least 14 days before the voting
   16  deadline, that the member’s electronic device can successfully
   17  communicate with the online voting system.
   18         (c) A method that is consistent with the election and
   19  voting procedures in the association’s bylaws.
   20         (2) The association uses an online voting system that is:
   21         (a) Able to authenticate the member’s identity.
   22         (b) Able to authenticate the validity of each electronic
   23  vote to ensure that the vote is not altered in transit.
   24         (c) Able to transmit a receipt from the online voting
   25  system to each member who casts an electronic vote.
   26         (d) Able to permanently separate any authentication or
   27  identifying information from the electronic election ballot,
   28  rendering it impossible to tie an election ballot to a specific
   29  member. This paragraph only applies if the association’s bylaws
   30  provide for secret ballots for the election of directors.
   31         (e) Able to store and keep electronic ballots accessible to
   32  election officials for recount, inspection, and review purposes.
   33         (3) A member voting electronically pursuant to this section
   34  shall be counted as being in attendance at the meeting for
   35  purposes of determining a quorum.
   36         (4) This section applies to an association that provides
   37  for and authorizes an online voting system pursuant to this
   38  section by a board resolution. The board resolution must provide
   39  that members receive notice of the opportunity to vote through
   40  an online voting system, must establish reasonable procedures
   41  and deadlines for members to consent, electronically or in
   42  writing, to online voting, and must establish reasonable
   43  procedures and deadlines for members to opt out of online voting
   44  after giving consent. Written notice of a meeting at which the
   45  board resolution regarding online voting will be considered must
   46  be mailed, delivered, or electronically transmitted to the unit
   47  owners and posted conspicuously on the condominium property or
   48  association property at least 14 days before the meeting.
   49  Evidence of compliance with the 14-day notice requirement must
   50  be made by an affidavit executed by the person providing the
   51  notice and filed with the official records of the association.
   52         (5) A member’s consent to online voting is valid until the
   53  member opts out of online voting pursuant to the procedures
   54  established by the board of administration pursuant to
   55  subsection (4).
   56         (6) This section may apply to any matter that requires a
   57  vote of the members.
   58  
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete line 74
   62  and insert:
   63         conforming a cross-reference; amending s. 720.317,
   64         F.S.; providing that a homeowner may consent to online
   65         voting electronically, as well as in writing, and that
   66         association boards must establish reasonable
   67         procedures for giving such consent; providing an
   68         effective