Florida Senate - 2024                   (Proposed Bill) SPB 7044
       
       
        
       FOR CONSIDERATION By the Committee on Regulated Industries
       
       
       
       
       
       580-02472A-24                                         20247044pb
    1                        A bill to be entitled                      
    2         An act relating to homeowners’ associations; amending
    3         s. 468.4334, F.S.; providing requirements for certain
    4         community association managers and community
    5         association management firms; amending s. 468.4337,
    6         F.S.; prohibiting the Regulatory Council of Community
    7         Association Managers from requiring more than a
    8         specified number of hours of continuing education
    9         annually for license renewal; requiring certain
   10         community association managers to biennially complete
   11         a specified number of hours of continuing education,
   12         including a specified number of hours on a specified
   13         subject; amending s. 720.303, F.S.; requiring an
   14         association to post such documents on its website or
   15         make such documents available through an application
   16         by a specified date; providing construction; requiring
   17         an association to provide certain information to
   18         parcel owners upon request; requiring an association
   19         to ensure certain information and records are not
   20         accessible on the website or application; providing
   21         that an association or its agent is not liable for the
   22         disclosure of certain information; requiring an
   23         association to adopt certain rules; providing criminal
   24         penalties for directors or members of the board or
   25         association and community association managers who
   26         knowingly, willfully, and repeatedly fail to maintain
   27         and make available specific records; defining the term
   28         “repeatedly”; providing criminal penalties for persons
   29         who knowingly and intentionally deface or destroy, or
   30         intentionally fail to maintain, specified accounting
   31         records; providing criminal penalties for persons who
   32         willfully and intentionally refuse to release certain
   33         records for specific purposes; requiring an
   34         association to provide or make available subpoenaed
   35         records within a certain timeframe; requiring an
   36         association to assist in a law enforcement
   37         investigation as allowed by law; requiring that
   38         certain associations use an independent certified
   39         public accountant to prepare their annual budgets;
   40         prohibiting an association and its officers,
   41         directors, employees, and agents from using a debit
   42         card issued in the name of the association; providing
   43         that persons who violate such prohibition commit theft
   44         under s. 812.014, F.S., punishable as provided in that
   45         section; amending s. 720.3033, F.S.; deleting a
   46         requirement that an officer or director certify in
   47         writing to the secretary of the association that they
   48         have read certain documents; requiring newly elected
   49         or appointed directors to complete certain educational
   50         curriculum approved by the department within a certain
   51         time period; requiring a director to retake the
   52         educational curriculum after a certain time period;
   53         providing subject matter for the educational
   54         curriculum; requiring certain directors of an
   55         association to annually complete a minimum amount of
   56         continuing education; requiring the department to
   57         adopt rules; providing criminal penalties for
   58         officers, directors, and managers of an association
   59         who accept bribes or kickbacks; requiring a director
   60         or officer to be removed from office and a vacancy to
   61         be declared for certain actions taken; making
   62         technical changes; amending s. 720.3035, F.S.;
   63         requiring an association or any architectural,
   64         construction improvement, or other such committee of
   65         an association to apply and enforce certain standards
   66         in a specified manner with regard to all parcel
   67         owners; requiring such committees to provide certain
   68         written notice to a parcel owner if a certain request
   69         or application is denied; making technical changes;
   70         amending s. 720.3065, F.S.; providing criminal
   71         penalties for certain violations related to fraudulent
   72         voting activity related to association elections;
   73         making technical changes; amending s. 720.3085, F.S.;
   74         conforming a cross-reference; providing an effective
   75         date.
   76          
   77  Be It Enacted by the Legislature of the State of Florida:
   78  
   79         Section 1. Section 468.4334, Florida Statutes, is amended
   80  to read:
   81         468.4334 Professional practice standards; liability;
   82  requirements for community association managers, management
   83  firms.—
   84         (1)(a) A community association manager or a community
   85  association management firm is deemed to act as agent on behalf
   86  of a community association as principal within the scope of
   87  authority authorized by a written contract or under this
   88  chapter. A community association manager and a community
   89  association management firm shall discharge duties performed on
   90  behalf of the association as authorized by this chapter loyally,
   91  skillfully, and diligently; dealing honestly and fairly; in good
   92  faith; with care and full disclosure to the community
   93  association; accounting for all funds; and not charging
   94  unreasonable or excessive fees.
   95         (b) If a community association manager or a community
   96  association management firm has a contract with a community
   97  association that is subject to s. 553.899, the community
   98  association manager or the community association management firm
   99  must comply with that section as directed by the board.
  100         (2)(a) A contract between a community association and a
  101  community association manager or a contract between a community
  102  association and a community association management firm may
  103  provide that the community association indemnifies and holds
  104  harmless the community association manager and the community
  105  association management firm for ordinary negligence resulting
  106  from the manager or management firm’s act or omission that is
  107  the result of an instruction or direction of the community
  108  association. This paragraph does not preclude any other
  109  negotiated indemnity or hold harmless provision.
  110         (b) Indemnification under paragraph (a) may not cover any
  111  act or omission that violates a criminal law; derives an
  112  improper personal benefit, either directly or indirectly; is
  113  grossly negligent; or is reckless, is in bad faith, is with
  114  malicious purpose, or is in a manner exhibiting wanton and
  115  willful disregard of human rights, safety, or property.
  116         (3)A community association manager or a community
  117  association management firm that is authorized by contract to
  118  provide community association management services to a
  119  homeowners’ association shall do all of the following:
  120         (a)Attend, in person, at least one member meeting or board
  121  meeting of the homeowners’ association annually.
  122         (b)Provide to the members of the homeowners’ association
  123  the name of and contact information for each community
  124  association manager or representative of the community
  125  association management firm assigned to the homeowners’
  126  association, the manager’s or representative’s hours of
  127  availability, and a summary of the duties for which the manager
  128  or representative is responsible. The homeowners’ association
  129  shall also post this information on the association’s website or
  130  the application required under s. 720.303(4)(b). The community
  131  association manager or community association management firm
  132  shall notify the homeowners’ association and its members within
  133  14 business days after any change to such information.
  134         (c)Upon request, provide to any member a copy of the
  135  contract between the community association manager or community
  136  association management firm and the homeowners’ association and
  137  keep such contract as an official record of the association.
  138         Section 2. Section 468.4337, Florida Statutes, is amended
  139  to read:
  140         468.4337 Continuing education.—The department may not renew
  141  a license until the licensee submits proof that the licensee has
  142  completed the requisite hours of continuing education. No more
  143  than 10 hours of continuing education annually shall be required
  144  for renewal of a license. The number of continuing education
  145  hours, criteria, and course content must shall be approved by
  146  the council by rule. The council may not require more than 10
  147  hours of continuing education annually for renewal of a license.
  148  A community association manager who provides community
  149  association management services to a homeowners’ association
  150  must biennially complete at least 5 hours of continuing
  151  education that pertains specifically to homeowners’
  152  associations, 3 hours of which must relate to recordkeeping.
  153         Section 3. Subsections (4) and (5) and paragraphs (a), (d),
  154  and (f) of subsection (6) of section 720.303, Florida Statutes,
  155  are amended, and subsection (13) is added to that section, to
  156  read:
  157         720.303 Association powers and duties; meetings of board;
  158  official records; budgets; financial reporting; association
  159  funds; recalls.—
  160         (4) OFFICIAL RECORDS.—
  161         (a) The association shall maintain each of the following
  162  items, when applicable, for at least 7 years, unless the
  163  governing documents of the association require a longer period
  164  of time, which constitute the official records of the
  165  association:
  166         1.(a) Copies of any plans, specifications, permits, and
  167  warranties related to improvements constructed on the common
  168  areas or other property that the association is obligated to
  169  maintain, repair, or replace.
  170         2.(b) A copy of the bylaws of the association and of each
  171  amendment to the bylaws.
  172         3.(c) A copy of the articles of incorporation of the
  173  association and of each amendment thereto.
  174         4.(d) A copy of the declaration of covenants and a copy of
  175  each amendment thereto.
  176         5.(e) A copy of the current rules of the homeowners’
  177  association.
  178         6.(f) The minutes of all meetings of the board of directors
  179  and of the members, which minutes must be retained for at least
  180  7 years.
  181         7.(g) A current roster of all members and their designated
  182  mailing addresses and parcel identifications. A member’s
  183  designated mailing address is the member’s property address,
  184  unless the member has sent written notice to the association
  185  requesting that a different mailing address be used for all
  186  required notices. The association shall also maintain the e-mail
  187  addresses and the facsimile numbers designated by members for
  188  receiving notice sent by electronic transmission of those
  189  members consenting to receive notice by electronic transmission.
  190  A member’s e-mail address is the e-mail address the member
  191  provided when consenting in writing to receiving notice by
  192  electronic transmission, unless the member has sent written
  193  notice to the association requesting that a different e-mail
  194  address be used for all required notices. The e-mail addresses
  195  and facsimile numbers provided by members to receive notice by
  196  electronic transmission must be removed from association records
  197  when the member revokes consent to receive notice by electronic
  198  transmission. However, the association is not liable for an
  199  erroneous disclosure of the e-mail address or the facsimile
  200  number for receiving electronic transmission of notices.
  201         8.(h) All of the association’s insurance policies or a copy
  202  thereof, which policies must be retained for at least 7 years.
  203         9.(i) A current copy of all contracts to which the
  204  association is a party, including, without limitation, any
  205  management agreement, lease, or other contract under which the
  206  association has any obligation or responsibility. Bids received
  207  by the association for work to be performed are must also be
  208  considered official records and must be kept for a period of 1
  209  year.
  210         10.(j) The financial and accounting records of the
  211  association, kept according to good accounting practices. All
  212  financial and accounting records must be maintained for a period
  213  of at least 7 years. The financial and accounting records must
  214  include:
  215         a.1. Accurate, itemized, and detailed records of all
  216  receipts and expenditures.
  217         b.2. A current account and a periodic statement of the
  218  account for each member, designating the name and current
  219  address of each member who is obligated to pay assessments, the
  220  due date and amount of each assessment or other charge against
  221  the member, the date and amount of each payment on the account,
  222  and the balance due.
  223         c.3. All tax returns, financial statements, and financial
  224  reports of the association.
  225         d.4. Any other records that identify, measure, record, or
  226  communicate financial information.
  227         11.(k) A copy of the disclosure summary described in s.
  228  720.401(1).
  229         12.(l) Ballots, sign-in sheets, voting proxies, and all
  230  other papers and electronic records relating to voting by parcel
  231  owners, which must be maintained for at least 1 year after the
  232  date of the election, vote, or meeting.
  233         13.(m) All affirmative acknowledgments made pursuant to s.
  234  720.3085(3)(c)3.
  235         14.(n) All other written records of the association not
  236  specifically included in this subsection which are related to
  237  the operation of the association.
  238         (b)1.By January 1, 2025, an association shall post a
  239  current digital copy of the documents specified in paragraph (a)
  240  on its website or make such documents available through an
  241  application that can be downloaded on a mobile device.
  242         2.The association’s website or application must be
  243  accessible through the Internet and must contain a subpage, web
  244  portal, or other protected electronic location that is
  245  inaccessible to the general public and accessible only to parcel
  246  owners and employees of the association.
  247         3.Upon written request by a parcel owner, the association
  248  must provide the parcel owner with a username and password and
  249  access to the protected sections of the association’s website or
  250  application which contains the official documents of the
  251  association.
  252         4.The association shall ensure that the information and
  253  records described in paragraph (5)(d), which are not allowed to
  254  be accessible to parcel owners, are not posted on the
  255  association’s website or application. If protected information
  256  or information restricted from being accessible to parcel owners
  257  is included in documents that are required to be posted on the
  258  association’s website or application, the association must
  259  ensure the information is redacted before posting the documents.
  260  Notwithstanding the foregoing, the association or its authorized
  261  agent is not liable for disclosing information that is protected
  262  or restricted under paragraph (5)(d) unless such disclosure was
  263  made with a knowing or intentional disregard of the protected or
  264  restricted nature of such information.
  265         (c)The association shall adopt written rules governing the
  266  method or policy by which the official records of the
  267  association are to be retained and for how long such records
  268  must be retained. Such information must be made available to the
  269  parcel owners through the association’s website or application.
  270         (5) INSPECTION AND COPYING OF RECORDS.—
  271         (a) Unless otherwise provided by law or the governing
  272  documents of the association, the official records shall be
  273  maintained within the state for at least 7 years and must shall
  274  be made available to a parcel owner for inspection or
  275  photocopying within 45 miles of the community or within the
  276  county in which the association is located within 10 business
  277  days after receipt by the board or its designee of a written
  278  request. This subsection may be complied with by having a copy
  279  of the official records available for inspection or copying in
  280  the community or, at the option of the association, by making
  281  the records available to a parcel owner electronically via the
  282  Internet or by allowing the records to be viewed in electronic
  283  format on a computer screen and printed upon request. If the
  284  association has a photocopy machine available where the records
  285  are maintained, it must provide parcel owners with copies on
  286  request during the inspection if the entire request is limited
  287  to no more than 25 pages. An association shall allow a member or
  288  his or her authorized representative to use a portable device,
  289  including a smartphone, tablet, portable scanner, or any other
  290  technology capable of scanning or taking photographs, to make an
  291  electronic copy of the official records in lieu of the
  292  association’s providing the member or his or her authorized
  293  representative with a copy of such records. The association may
  294  not charge a fee to a member or his or her authorized
  295  representative for the use of a portable device.
  296         (b)(a) The failure of an association to provide access to
  297  the records within 10 business days after receipt of a written
  298  request submitted by certified mail, return receipt requested,
  299  creates a rebuttable presumption that the association willfully
  300  failed to comply with this subsection.
  301         (c)(b) A member who is denied access to official records is
  302  entitled to the actual damages or minimum damages for the
  303  association’s willful failure to comply with this subsection.
  304  The minimum damages are to be $50 per calendar day up to 10
  305  days, the calculation to begin on the 11th business day after
  306  receipt of the written request.
  307         (d) Any director or member of the board or association or a
  308  community association manager who knowingly, willfully, and
  309  repeatedly violates paragraph (a) commits a misdemeanor of the
  310  second degree, punishable as provided in s. 775.082 or s.
  311  775.083, and shall be deemed removed from office and a vacancy
  312  declared. For purposes of this paragraph, the term “repeatedly”
  313  means two or more violations within a 12-month period.
  314         (e) Any person who knowingly or intentionally defaces or
  315  destroys accounting records that are required by this chapter to
  316  be maintained during the period for which such records are
  317  required to be maintained, or who knowingly or intentionally
  318  fails to create or maintain accounting records that are required
  319  to be created or maintained, with the intent of causing harm to
  320  the association or one or more of its members, commits a
  321  misdemeanor of the first degree, punishable as provided in s.
  322  775.082 or s. 775.083, and shall be deemed removed from office
  323  and a vacancy declared.
  324         (f) Any person who willfully and knowingly refuses to
  325  release or otherwise produce association records with the intent
  326  to avoid or escape detection, arrest, trial, or punishment for
  327  the commission of a crime, or to assist another person with such
  328  avoidance or escape, commits a felony of the third degree,
  329  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  330  and shall be deemed removed from office and a vacancy declared.
  331         (g)(c) The association may adopt reasonable written rules
  332  governing the frequency, time, location, notice, records to be
  333  inspected, and manner of inspections, but may not require a
  334  parcel owner to demonstrate any proper purpose for the
  335  inspection, state any reason for the inspection, or limit a
  336  parcel owner’s right to inspect records to less than one 8-hour
  337  business day per month. The association may impose fees to cover
  338  the costs of providing copies of the official records, including
  339  the costs of copying and the costs required for personnel to
  340  retrieve and copy the records if the time spent retrieving and
  341  copying the records exceeds one-half hour and if the personnel
  342  costs do not exceed $20 per hour. Personnel costs may not be
  343  charged for records requests that result in the copying of 25 or
  344  fewer pages. The association may charge up to 25 cents per page
  345  for copies made on the association’s photocopier. If the
  346  association does not have a photocopy machine available where
  347  the records are kept, or if the records requested to be copied
  348  exceed 25 pages in length, the association may have copies made
  349  by an outside duplicating service and may charge the actual cost
  350  of copying, as supported by the vendor invoice. The association
  351  shall maintain an adequate number of copies of the recorded
  352  governing documents, to ensure their availability to members and
  353  prospective members. Notwithstanding this paragraph, the
  354  following records are not accessible to members or parcel
  355  owners:
  356         1. Any record protected by the lawyer-client privilege as
  357  described in s. 90.502 and any record protected by the work
  358  product privilege, including, but not limited to, a record
  359  prepared by an association attorney or prepared at the
  360  attorney’s express direction which reflects a mental impression,
  361  conclusion, litigation strategy, or legal theory of the attorney
  362  or the association and which was prepared exclusively for civil
  363  or criminal litigation or for adversarial administrative
  364  proceedings or which was prepared in anticipation of such
  365  litigation or proceedings until the conclusion of the litigation
  366  or proceedings.
  367         2. Information obtained by an association in connection
  368  with the approval of the lease, sale, or other transfer of a
  369  parcel.
  370         3. Information an association obtains in a gated community
  371  in connection with guests’ visits to parcel owners or community
  372  residents.
  373         4. Personnel records of association or management company
  374  employees, including, but not limited to, disciplinary, payroll,
  375  health, and insurance records. For purposes of this
  376  subparagraph, the term “personnel records” does not include
  377  written employment agreements with an association or management
  378  company employee or budgetary or financial records that indicate
  379  the compensation paid to an association or management company
  380  employee.
  381         5. Medical records of parcel owners or community residents.
  382         6. Social security numbers, driver license numbers, credit
  383  card numbers, electronic mailing addresses, telephone numbers,
  384  facsimile numbers, emergency contact information, any addresses
  385  for a parcel owner other than as provided for association notice
  386  requirements, and other personal identifying information of any
  387  person, excluding the person’s name, parcel designation, mailing
  388  address, and property address. Notwithstanding the restrictions
  389  in this subparagraph, an association may print and distribute to
  390  parcel owners a directory containing the name, parcel address,
  391  and all telephone numbers of each parcel owner. However, an
  392  owner may exclude his or her telephone numbers from the
  393  directory by so requesting in writing to the association. An
  394  owner may consent in writing to the disclosure of other contact
  395  information described in this subparagraph. The association is
  396  not liable for the disclosure of information that is protected
  397  under this subparagraph if the information is included in an
  398  official record of the association and is voluntarily provided
  399  by an owner and not requested by the association.
  400         7. Any electronic security measure that is used by the
  401  association to safeguard data, including passwords.
  402         8. The software and operating system used by the
  403  association which allows the manipulation of data, even if the
  404  owner owns a copy of the same software used by the association.
  405  The data is part of the official records of the association.
  406         9. All affirmative acknowledgments made pursuant to s.
  407  720.3085(3)(c)3.
  408         (h)(d) The association or its authorized agent is not
  409  required to provide a prospective purchaser or lienholder with
  410  information about the residential subdivision or the association
  411  other than information or documents required by this chapter to
  412  be made available or disclosed. The association or its
  413  authorized agent may charge a reasonable fee to the prospective
  414  purchaser or lienholder or the current parcel owner or member
  415  for providing good faith responses to requests for information
  416  by or on behalf of a prospective purchaser or lienholder, other
  417  than that required by law, if the fee does not exceed $150 plus
  418  the reasonable cost of photocopying and any attorney fees
  419  incurred by the association in connection with the response.
  420         (i) If an association receives a subpoena for records from
  421  a law enforcement agency, the association must provide a copy of
  422  such records or otherwise make the records available for
  423  inspection and copying to a law enforcement agency within 5
  424  business days after receipt of the subpoena, unless otherwise
  425  specified by the law enforcement agency or subpoena. An
  426  association must assist a law enforcement agency in its
  427  investigation to the extent permissible by law.
  428         (6) BUDGETS.—
  429         (a)1. The association shall prepare an annual budget that
  430  sets out the annual operating expenses. The budget must reflect
  431  the estimated revenues and expenses for that year and the
  432  estimated surplus or deficit as of the end of the current year.
  433  The budget must set out separately all fees or charges paid for
  434  by the association for recreational amenities, whether owned by
  435  the association, the developer, or another person. The
  436  association shall provide each member with a copy of the annual
  437  budget or a written notice that a copy of the budget is
  438  available upon request at no charge to the member. The copy must
  439  be provided to the member within the time limits set forth in
  440  subsection (5).
  441         2.An association that has 2,500 members or more must use
  442  an independent certified public accountant to prepare the
  443  association’s annual budget. Such association must also retain
  444  an attorney to advise the association and its members on
  445  procedural matters relating to the annual budget and to foster
  446  communications between the board and the members of the
  447  association. The independent certified public accountant or
  448  attorney required under this subparagraph may not be:
  449         a.The community association manager or an employee of the
  450  community association management firm providing community
  451  association management services to the association; or
  452         b.An officer or a director of the association or an
  453  immediate family member of an officer or a director.
  454         (d) An association is deemed to have provided for reserve
  455  accounts upon the affirmative approval of a majority of the
  456  total voting interests of the association. Such approval may be
  457  obtained by vote of the members at a duly called meeting of the
  458  membership or by the written consent of a majority of the total
  459  voting interests of the association. The approval action of the
  460  membership must state that reserve accounts shall be provided
  461  for in the budget and must designate the components for which
  462  the reserve accounts are to be established. Upon approval by the
  463  membership, the board of directors or the independent certified
  464  public accountant, if required under paragraph (a), shall
  465  include the required reserve accounts in the budget in the next
  466  fiscal year following the approval and each year thereafter.
  467  Once established as provided in this subsection, the reserve
  468  accounts must be funded or maintained or have their funding
  469  waived in the manner provided in paragraph (f).
  470         (f) After one or more reserve accounts are established, the
  471  membership of the association, upon a majority vote at a meeting
  472  at which a quorum is present, may provide for no reserves or
  473  less reserves than required by this section. If a meeting of the
  474  parcel unit owners has been called to determine whether to waive
  475  or reduce the funding of reserves and such result is not
  476  achieved or a quorum is not present, the reserves as included in
  477  the budget go into effect. After the turnover, the developer may
  478  vote its voting interest to waive or reduce the funding of
  479  reserves. Any vote taken pursuant to this subsection to waive or
  480  reduce reserves is applicable only to one budget year.
  481         (13) DEBIT CARDS.—
  482         (a) An association and its officers, directors, employees,
  483  and agents may not use a debit card issued in the name of the
  484  association, or billed directly to the association, for the
  485  payment of any association expense.
  486         (b) A person who uses a debit card issued in the name of
  487  the association, or billed directly to the association, for any
  488  expense that is not a lawful obligation of the association
  489  commits theft under s. 812.014, and shall be deemed removed from
  490  office and a vacancy declared.
  491  
  492  For the purposes of this subsection, the term “lawful obligation
  493  of the association” means an obligation that has been properly
  494  preapproved by the board and is reflected in the meeting minutes
  495  or the written budget.
  496         Section 4. Subsections (1), (3), and (4) of section
  497  720.3033, Florida Statutes, are amended to read:
  498         720.3033 Officers and directors.—
  499         (1)(a) Within 90 days after being elected or appointed to
  500  the board, each director shall certify in writing to the
  501  secretary of the association that he or she has read the
  502  association’s declaration of covenants, articles of
  503  incorporation, bylaws, and current written rules and policies;
  504  that he or she will work to uphold such documents and policies
  505  to the best of his or her ability; and that he or she will
  506  faithfully discharge his or her fiduciary responsibility to the
  507  association’s members. Within 90 days after being elected or
  508  appointed to the board, in lieu of such written certification,
  509  the newly elected or appointed director must may submit a
  510  certificate of having satisfactorily completed the educational
  511  curriculum administered by a department-approved, division
  512  approved education provider.
  513         1.The newly elected or appointed director must complete
  514  the department-approved education for newly elected or appointed
  515  directors within 90 days after being elected or appointed.
  516         2. The certificate of completion is valid for a maximum of
  517  4 years.
  518         3.At least every 4 years, a director must complete the
  519  education specific to newly elected or appointed directors.
  520         4.The department-approved educational curriculum specific
  521  to newly elected or appointed directors must include training
  522  relating to financial literacy and transparency, recordkeeping,
  523  levying of fines, and notice and meeting requirements.
  524         5.In addition to the educational curriculum specific to
  525  newly elected or appointed directors:
  526         a.A director of an association that has fewer than 2,500
  527  members must complete at least 4 hours of continuing education
  528  annually.
  529         b.A director of an association that has 2,500 members or
  530  more must complete at least 8 hours of continuing education
  531  annually within 1 year before or 90 days after the date of
  532  election or appointment.
  533         (b) The written certification or educational certificate is
  534  valid for the uninterrupted tenure of the director on the board.
  535  A director who does not timely file the written certification or
  536  educational certificate is shall be suspended from the board
  537  until he or she complies with the requirement. The board may
  538  temporarily fill the vacancy during the period of suspension.
  539         (c) The association shall retain each director’s written
  540  certification or educational certificate for inspection by the
  541  members for 5 years after the director’s election. However, the
  542  failure to have the written certification or educational
  543  certificate on file does not affect the validity of any board
  544  action.
  545         (d)The department shall adopt rules to implement and
  546  administer the educational curriculum and continuing education
  547  requirements under this subsection.
  548         (3) An officer, a director, or a manager may not solicit,
  549  offer to accept, or accept any thing or service of value for
  550  which consideration has not been provided for his or her benefit
  551  or for the benefit of a member of his or her immediate family
  552  from any person providing or proposing to provide goods or
  553  services to the association. An officer, a director, or a
  554  manager who knowingly solicits, offers to accept, or accepts any
  555  thing or service of value or kickback for which consideration
  556  has not been provided for his or her own benefit or that of his
  557  or her immediate family from any person providing or proposing
  558  to provide goods or services to the association commits a felony
  559  of the third degree, punishable as provided in s. 775.082, s.
  560  775.083, or s. 775.084, and is subject to monetary damages under
  561  s. 617.0834. If the board finds that an officer or a director
  562  has violated this subsection, the officer or director is deemed
  563  removed from office and a vacancy declared board shall
  564  immediately remove the officer or director from office. The
  565  vacancy shall be filled according to law until the end of the
  566  officer’s or director’s term of office. However, an officer, a
  567  director, or a manager may accept food to be consumed at a
  568  business meeting with a value of less than $25 per individual or
  569  a service or good received in connection with trade fairs or
  570  education programs.
  571         (4)(a) A director or an officer charged by information or
  572  indictment with any of the following crimes is deemed must be
  573  removed from office and a vacancy declared:
  574         1. Forgery of a ballot envelope or voting certificate used
  575  in a homeowners’ association election as provided in s. 831.01.
  576         2. Theft or embezzlement involving the association’s funds
  577  or property as provided in s. 812.014.
  578         3. Destruction of or the refusal to allow inspection or
  579  copying of an official record of a homeowners’ association which
  580  is accessible to parcel owners within the time periods required
  581  by general law, in furtherance of any crime. Such act
  582  constitutes tampering with physical evidence as provided in s.
  583  918.13.
  584         4. Obstruction of justice as provided in chapter 843.
  585         5. Any criminal violation under this chapter.
  586         Section 5. Subsections (1) and (4) of section 720.3035,
  587  Florida Statutes, are amended to read:
  588         720.3035 Architectural control covenants; parcel owner
  589  improvements; rights and privileges.—
  590         (1) The authority of an association or any architectural,
  591  construction improvement, or other such similar committee of an
  592  association to review and approve plans and specifications for
  593  the location, size, type, or appearance of any structure or
  594  other improvement on a parcel, or to enforce standards for the
  595  external appearance of any structure or improvement located on a
  596  parcel, is shall be permitted only to the extent that the
  597  authority is specifically stated or reasonably inferred as to
  598  such location, size, type, or appearance in the declaration of
  599  covenants or other published guidelines and standards authorized
  600  by the declaration of covenants. An association or any
  601  architectural, construction improvement, or similar committee of
  602  an association must reasonably and equitably apply and enforce
  603  on all parcel owners the architectural and construction
  604  improvement standards authorized by the declaration of covenants
  605  or other published guidelines and standards authorized by the
  606  declaration of covenants.
  607         (4) Each parcel owner is shall be entitled to the rights
  608  and privileges set forth in the declaration of covenants or
  609  other published guidelines and standards authorized by the
  610  declaration of covenants concerning the architectural use of the
  611  parcel, and the construction of permitted structures and
  612  improvements on the parcel and such rights and privileges may
  613  shall not be unreasonably infringed upon or impaired by the
  614  association or any architectural, construction improvement, or
  615  other such similar committee of the association. If the
  616  association or any architectural, construction improvement, or
  617  other such similar committee of the association denies a parcel
  618  owner’s request or application for the construction of a
  619  structure or other improvement on a parcel, the association or
  620  committee must provide written notice to the parcel owner
  621  stating with specificity the rule or covenant on which the
  622  association or committee relied when denying the request or
  623  application and the specific aspect or part of the proposed
  624  improvement that does not conform to such rule or covenant. If
  625  the association or any architectural, construction improvement,
  626  or other such similar committee of the association should
  627  unreasonably, knowingly, and willfully infringe upon or impair
  628  the rights and privileges set forth in the declaration of
  629  covenants or other published guidelines and standards authorized
  630  by the declaration of covenants, the adversely affected parcel
  631  owner is shall be entitled to recover damages caused by such
  632  infringement or impairment, including any costs and reasonable
  633  attorney attorney’s fees incurred in preserving or restoring the
  634  rights and privileges of the parcel owner set forth in the
  635  declaration of covenants or other published guidelines and
  636  standards authorized by the declaration of covenants.
  637         Section 6. Section 720.3065, Florida Statutes, is amended
  638  to read:
  639         720.3065 Fraudulent voting activities relating to
  640  association elections; penalties.—
  641         (1) A person who engages in any Each of the following acts
  642  of is a fraudulent voting activity relating to association
  643  elections commits and constitutes a misdemeanor of the first
  644  degree, punishable as provided in s. 775.082 or s. 775.083:
  645         (a)(1) Willfully and falsely swearing to or affirming an
  646  oath or affirmation, or willfully procuring another person to
  647  falsely swear to or affirm an oath or affirmation, in connection
  648  with or arising out of voting activities.
  649         (b)(2) Perpetrating or attempting to perpetrate, or aiding
  650  in the perpetration of, fraud in connection with a vote cast, to
  651  be cast, or attempted to be cast.
  652         (c)(3) Preventing a member from voting or preventing a
  653  member from voting as he or she intended by fraudulently
  654  changing or attempting to change a ballot, ballot envelope,
  655  vote, or voting certificate of the member.
  656         (d)(4) Menacing, threatening, or using bribery or any other
  657  corruption to attempt, directly or indirectly, to influence,
  658  deceive, or deter a member when the member is voting.
  659         (e)(5) Giving or promising, directly or indirectly,
  660  anything of value to another member with the intent to buy the
  661  vote of that member or another member or to corruptly influence
  662  that member or another member in casting his or her vote. This
  663  subsection does not apply to any food served which is to be
  664  consumed at an election rally or a meeting or to any item of
  665  nominal value which is used as an election advertisement,
  666  including a campaign message designed to be worn by a member.
  667         (f)(6) Using or threatening to use, directly or indirectly,
  668  force, violence, or intimidation or any tactic of coercion or
  669  intimidation to induce or compel a member to vote or refrain
  670  from voting in an election or on a particular ballot measure.
  671         (2) A person who engages in any of the following acts
  672  commits a misdemeanor of the first degree, punishable as
  673  provided in s. 775.082 or s. 775.083:
  674         (a) Knowingly aiding, abetting, or advising a person in the
  675  commission of a fraudulent voting activity related to
  676  association elections.
  677         (b) Agreeing, conspiring, combining, or confederating with
  678  at least one other person to commit a fraudulent voting activity
  679  related to association elections.
  680         (c) Having knowledge of a fraudulent voting activity
  681  related to association elections and giving any aid to the
  682  offender with intent that the offender avoid or escape
  683  detection, arrest, trial, or punishment.
  684  
  685  This subsection does not apply to a licensed attorney giving
  686  legal advice to a client.
  687         Section 7. Paragraph (c) of subsection (3) of section
  688  720.3085, Florida Statutes, is amended to read:
  689         720.3085 Payment for assessments; lien claims.—
  690         (3) Assessments and installments on assessments that are
  691  not paid when due bear interest from the due date until paid at
  692  the rate provided in the declaration of covenants or the bylaws
  693  of the association, which rate may not exceed the rate allowed
  694  by law. If no rate is provided in the declaration or bylaws,
  695  interest accrues at the rate of 18 percent per year.
  696         (c)1. If an association sends out an invoice for
  697  assessments or a parcel’s statement of the account described in
  698  s. 720.303(4)(a)10.b. s. 720.303(4)(j)2., the invoice for
  699  assessments or the parcel’s statement of account must be
  700  delivered to the parcel owner by first-class United States mail
  701  or by electronic transmission to the parcel owner’s e-mail
  702  address maintained in the association’s official records.
  703         2. Before changing the method of delivery for an invoice
  704  for assessments or the statement of the account, the association
  705  must deliver a written notice of such change to each parcel
  706  owner. The written notice must be delivered to the parcel owner
  707  at least 30 days before the association sends the invoice for
  708  assessments or the statement of the account by the new delivery
  709  method. The notice must be sent by first-class United States
  710  mail to the owner at his or her last address as reflected in the
  711  association’s records and, if such address is not the parcel
  712  address, must be sent by first-class United States mail to the
  713  parcel address. Notice is deemed to have been delivered upon
  714  mailing as required by this subparagraph.
  715         3. A parcel owner must affirmatively acknowledge his or her
  716  understanding that the association will change its method of
  717  delivery of the invoice for assessments or the statement of the
  718  account before the association may change the method of
  719  delivering an invoice for assessments or the statement of
  720  account. The parcel owner may make the affirmative
  721  acknowledgment electronically or in writing.
  722         Section 8. This act shall take effect July 1, 2024.