Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 7046
       
       
       
       
       
       
                                Ì772462*Î772462                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Rules (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1) and (5) of section 720.303,
    6  Florida Statutes, are amended, and subsections (13) and (14) are
    7  added to that section, to read:
    8         720.303 Association powers and duties; meetings of board;
    9  official records; budgets; financial reporting; association
   10  funds; recalls.—
   11         (1) POWERS AND DUTIES.—An association that which operates a
   12  community as defined in s. 720.301, must be operated by an
   13  association that is a Florida corporation. After October 1,
   14  1995, the association must be incorporated and the initial
   15  governing documents must be recorded in the official records of
   16  the county in which the community is located. An association may
   17  operate more than one community. The officers and directors of
   18  an association are subject to s. 617.0830 and have a fiduciary
   19  relationship to the members who are served by the association.
   20  The powers and duties of an association include those set forth
   21  in this chapter and, except as expressly limited or restricted
   22  in this chapter, those set forth in the governing documents.
   23  After control of the association is obtained by members other
   24  than the developer, the association may institute, maintain,
   25  settle, or appeal actions or hearings in its name on behalf of
   26  all members concerning matters of common interest to the
   27  members, including, but not limited to, the common areas; roof
   28  or structural components of a building, or other improvements
   29  for which the association is responsible; mechanical,
   30  electrical, or plumbing elements serving an improvement or
   31  building for which the association is responsible;
   32  representations of the developer pertaining to any existing or
   33  proposed commonly used facility; and protesting ad valorem taxes
   34  on commonly used facilities. The association may defend actions
   35  in eminent domain or bring inverse condemnation actions. Before
   36  commencing litigation against any party in the name of the
   37  association involving amounts in controversy in excess of
   38  $100,000, the association must obtain the affirmative approval
   39  of a majority of the voting interests at a meeting of the
   40  membership at which a quorum has been attained. This subsection
   41  does not limit any statutory or common-law right of any
   42  individual member or class of members to bring any action
   43  without participation by the association. A member does not have
   44  authority to act for the association by virtue of being a
   45  member. An association may have more than one class of members
   46  and may issue membership certificates. An association of 15 or
   47  fewer parcel owners may enforce only the requirements of those
   48  deed restrictions established prior to the purchase of each
   49  parcel upon an affected parcel owner or owners.
   50         (5) INSPECTION AND COPYING OF RECORDS.—
   51         (a) The official records shall be maintained within the
   52  state for at least 7 years and shall be made available to a
   53  parcel owner for inspection or photocopying within 45 miles of
   54  the community or within the county in which the association is
   55  located within 10 business days after receipt by the board or
   56  its designee of a written request. This subsection may be
   57  complied with by having a copy of the official records available
   58  for inspection or copying in the community or, at the option of
   59  the association, by making the records available to a parcel
   60  owner electronically via the Internet or by allowing the records
   61  to be viewed in electronic format on a computer screen and
   62  printed upon request. If the association has a photocopy machine
   63  available where the records are maintained, it must provide
   64  parcel owners with copies on request during the inspection if
   65  the entire request is limited to no more than 25 pages. An
   66  association shall allow a member or his or her authorized
   67  representative to use a portable device, including a smartphone,
   68  tablet, portable scanner, or any other technology capable of
   69  scanning or taking photographs, to make an electronic copy of
   70  the official records in lieu of the association’s providing the
   71  member or his or her authorized representative with a copy of
   72  such records. The association may not charge a fee to a member
   73  or his or her authorized representative for the use of a
   74  portable device.
   75         (b)(a) The failure of an association to provide access to
   76  the records within 10 business days after receipt of a written
   77  request submitted by certified mail, return receipt requested,
   78  creates a rebuttable presumption that the association willfully
   79  failed to comply with this subsection.
   80         (c)(b) A member who is denied access to official records is
   81  entitled to the actual damages or minimum damages for the
   82  association’s willful failure to comply with this subsection.
   83  The minimum damages are to be $50 per calendar day up to 10
   84  days, the calculation to begin on the 11th business day after
   85  receipt of the written request.
   86         (d) Any director or member of the board or association or a
   87  community association manager who knowingly, willfully, and
   88  repeatedly violates paragraph (a), with the intent of causing
   89  harm to the association or one or more of its members, commits a
   90  misdemeanor of the second degree, punishable as provided in s.
   91  775.082 or s. 775.083. For purposes of this paragraph, the term
   92  “repeatedly” means two or more violations within a 12-month
   93  period.
   94         (e) Any person who knowingly and intentionally defaces or
   95  destroys accounting records during a period in which such
   96  accounting records are required by this chapter to be
   97  maintained, or who knowingly or intentionally fails to create or
   98  maintain accounting records that are required by this chapter to
   99  be created or maintained, with the intent of causing harm to the
  100  association or one or more of its members, commits a misdemeanor
  101  of the first degree, punishable as provided in s. 775.082 or s.
  102  775.083.
  103         (f) Any person who willfully and intentionally refuses to
  104  release or otherwise produce association records with the intent
  105  to avoid or escape detection, arrest, trial, or punishment for
  106  the commission of a crime, or to assist another person with such
  107  avoidance or escape, commits a felony of the third degree,
  108  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  109         (g)(c) The association may adopt reasonable written rules
  110  governing the frequency, time, location, notice, records to be
  111  inspected, and manner of inspections, but may not require a
  112  parcel owner to demonstrate any proper purpose for the
  113  inspection, state any reason for the inspection, or limit a
  114  parcel owner’s right to inspect records to less than one 8-hour
  115  business day per month. The association may impose fees to cover
  116  the costs of providing copies of the official records, including
  117  the costs of copying and the costs required for personnel to
  118  retrieve and copy the records if the time spent retrieving and
  119  copying the records exceeds one-half hour and if the personnel
  120  costs do not exceed $20 per hour. Personnel costs may not be
  121  charged for records requests that result in the copying of 25 or
  122  fewer pages. The association may charge up to 25 cents per page
  123  for copies made on the association’s photocopier. If the
  124  association does not have a photocopy machine available where
  125  the records are kept, or if the records requested to be copied
  126  exceed 25 pages in length, the association may have copies made
  127  by an outside duplicating service and may charge the actual cost
  128  of copying, as supported by the vendor invoice. The association
  129  shall maintain an adequate number of copies of the recorded
  130  governing documents, to ensure their availability to members and
  131  prospective members. Notwithstanding this paragraph, the
  132  following records are not accessible to members or parcel
  133  owners:
  134         1. Any record protected by the lawyer-client privilege as
  135  described in s. 90.502 and any record protected by the work
  136  product privilege, including, but not limited to, a record
  137  prepared by an association attorney or prepared at the
  138  attorney’s express direction which reflects a mental impression,
  139  conclusion, litigation strategy, or legal theory of the attorney
  140  or the association and which was prepared exclusively for civil
  141  or criminal litigation or for adversarial administrative
  142  proceedings or which was prepared in anticipation of such
  143  litigation or proceedings until the conclusion of the litigation
  144  or proceedings.
  145         2. Information obtained by an association in connection
  146  with the approval of the lease, sale, or other transfer of a
  147  parcel.
  148         3. Information an association obtains in a gated community
  149  in connection with guests’ visits to parcel owners or community
  150  residents.
  151         4. Personnel records of association or management company
  152  employees, including, but not limited to, disciplinary, payroll,
  153  health, and insurance records. For purposes of this
  154  subparagraph, the term “personnel records” does not include
  155  written employment agreements with an association or management
  156  company employee or budgetary or financial records that indicate
  157  the compensation paid to an association or management company
  158  employee.
  159         5. Medical records of parcel owners or community residents.
  160         6. Social security numbers, driver license numbers, credit
  161  card numbers, electronic mailing addresses, telephone numbers,
  162  facsimile numbers, emergency contact information, any addresses
  163  for a parcel owner other than as provided for association notice
  164  requirements, and other personal identifying information of any
  165  person, excluding the person’s name, parcel designation, mailing
  166  address, and property address. Notwithstanding the restrictions
  167  in this subparagraph, an association may print and distribute to
  168  parcel owners a directory containing the name, parcel address,
  169  and all telephone numbers of each parcel owner. However, an
  170  owner may exclude his or her telephone numbers from the
  171  directory by so requesting in writing to the association. An
  172  owner may consent in writing to the disclosure of other contact
  173  information described in this subparagraph. The association is
  174  not liable for the disclosure of information that is protected
  175  under this subparagraph if the information is included in an
  176  official record of the association and is voluntarily provided
  177  by an owner and not requested by the association.
  178         7. Any electronic security measure that is used by the
  179  association to safeguard data, including passwords.
  180         8. The software and operating system used by the
  181  association which allows the manipulation of data, even if the
  182  owner owns a copy of the same software used by the association.
  183  The data is part of the official records of the association.
  184         9. All affirmative acknowledgments made pursuant to s.
  185  720.3085(3)(c)3.
  186         (h)(d) The association or its authorized agent is not
  187  required to provide a prospective purchaser or lienholder with
  188  information about the residential subdivision or the association
  189  other than information or documents required by this chapter to
  190  be made available or disclosed. The association or its
  191  authorized agent may charge a reasonable fee to the prospective
  192  purchaser or lienholder or the current parcel owner or member
  193  for providing good faith responses to requests for information
  194  by or on behalf of a prospective purchaser or lienholder, other
  195  than that required by law, if the fee does not exceed $150 plus
  196  the reasonable cost of photocopying and any attorney fees
  197  incurred by the association in connection with the response.
  198         (13) DEBIT CARDS.—
  199         (a) An association and its officers, directors, employees,
  200  and agents may not use a debit card issued in the name of the
  201  association, or billed directly to the association, for the
  202  payment of any association expense that is not a lawful
  203  obligation of the association.
  204         (b) A person who uses a debit card issued in the name of
  205  the association, or billed directly to the association, for any
  206  expense that is not a lawful obligation of the association
  207  commits theft under s. 812.014.
  208  
  209  For the purposes of this subsection, the term “lawful obligation
  210  of the association” means an obligation that has been properly
  211  preapproved by the board and is reflected in the meeting minutes
  212  or the written budget.
  213         (14)REQUIREMENT TO PROVIDE AN ACCOUNTING.—A parcel owner
  214  may make a written request to the board for a detailed
  215  accounting of any amounts he or she owes to the association, and
  216  the board shall provide such information within 15 business days
  217  after receipt of the written request. After the parcel owner
  218  makes such a written request to the board, he or she may not ask
  219  for another detailed accounting for at least 90 calendar days.
  220  Failure by the board to respond within 15 business days to a
  221  written request for a detailed accounting constitutes a complete
  222  waiver of any outstanding fines owed by the parcel owner who
  223  requested such an accounting which are more than 30 days past
  224  due and for which the association has not given prior written
  225  notice of the imposition of the fines.
  226         Section 2. Subsection (3) and paragraph (a) of subsection
  227  (4) of section 720.3033, Florida Statutes, are amended to read:
  228         720.3033 Officers and directors.—
  229         (3) An officer, a director, or a manager may not solicit,
  230  offer to accept, or accept any thing or service of value for
  231  which consideration has not been provided for his or her benefit
  232  or for the benefit of a member of his or her immediate family
  233  from any person providing or proposing to provide goods or
  234  services to the association. An officer, a director, or a
  235  manager who knowingly solicits, offers to accept, or accepts any
  236  thing or service of value or kickback for which consideration
  237  has not been provided for his or her own benefit or that of his
  238  or her immediate family from any person providing or proposing
  239  to provide goods or services to the association commits a felony
  240  of the third degree, punishable as provided in s. 775.082, s.
  241  775.083, or s. 775.084, and is subject to monetary damages under
  242  s. 617.0834. If the board finds that an officer or a director
  243  has violated this subsection ,the board shall immediately remove
  244  the officer or director from office. The vacancy shall be filled
  245  according to law until the end of the officer’s or director’s
  246  term of office. However, an officer, a director, or a manager
  247  may accept food to be consumed at a business meeting with a
  248  value of less than $25 per individual or a service or good
  249  received in connection with trade fairs or education programs.
  250         (4)(a) A director or an officer charged by information or
  251  indictment with any of the following crimes is deemed must be
  252  removed from office and a vacancy declared:
  253         1. Forgery of a ballot envelope or voting certificate used
  254  in a homeowners’ association election as provided in s. 831.01.
  255         2. Theft or embezzlement involving the association’s funds
  256  or property as provided in s. 812.014.
  257         3. Destruction of or the refusal to allow inspection or
  258  copying of an official record of a homeowners’ association which
  259  is accessible to parcel owners within the time periods required
  260  by general law, in furtherance of any crime. Such act
  261  constitutes tampering with physical evidence as provided in s.
  262  918.13.
  263         4. Obstruction of justice as provided in chapter 843.
  264         5. Any criminal violation under this chapter.
  265         Section 3. Subsection (1) of section 720.3035, Florida
  266  Statutes, is amended to read:
  267         720.3035 Architectural control covenants; parcel owner
  268  improvements; rights and privileges.—
  269         (1)(a) The authority of an association or any
  270  architectural, construction improvement, or other such similar
  271  committee of an association to review and approve plans and
  272  specifications for the location, size, type, or appearance of
  273  any structure or other improvement on a parcel, or to enforce
  274  standards for the external appearance of any structure or
  275  improvement located on a parcel, shall be permitted only to the
  276  extent that the authority is specifically stated or reasonably
  277  inferred as to such location, size, type, or appearance in the
  278  declaration of covenants or other published guidelines and
  279  standards authorized by the declaration of covenants.
  280         (b)An association or any architectural, construction
  281  improvement, or other such similar committee of an association
  282  may not enforce or adopt a covenant, rule, or guideline that:
  283         1.Limits or places requirements on the interior of a
  284  structure which is not visible from the parcel’s frontage or an
  285  adjacent parcel; or
  286         2.Limits or places requirements for the exterior of a
  287  structure relating to the plans and specifications for a central
  288  air-conditioning, refrigeration, heating, or ventilating system
  289  by the association or any architectural, construction
  290  improvement, or other such similar committee of an association,
  291  if such system is not visible from the parcel’s frontage, an
  292  adjacent parcel, an adjacent common area, or a community golf
  293  course and is substantially similar to a system that is approved
  294  or recommended by the association or a committee thereof.
  295         Section 4. Section 720.3045, Florida Statutes, is amended
  296  to read:
  297         720.3045 Installation, display, and storage of items.
  298  Regardless of any covenants, restrictions, bylaws, rules, or
  299  requirements of an association, and unless prohibited by general
  300  law or local ordinance, an association may not restrict parcel
  301  owners or their tenants from installing, displaying, or storing
  302  any items on a parcel which are not visible from the parcel’s
  303  frontage, or an adjacent parcel, an adjacent common area, or a
  304  community golf course, including, but not limited to, artificial
  305  turf, boats, flags, vegetable gardens, clotheslines, and
  306  recreational vehicles.
  307         Section 5. Subsections (1) and (2) of section 720.305,
  308  Florida Statutes, are amended, and subsections (7) and (8) are
  309  added to that section, to read:
  310         720.305 Obligations of members; remedies at law or in
  311  equity; levy of fines and suspension of use rights.—
  312         (1) Each member and the member’s tenants, guests, and
  313  invitees, and each association, are governed by, and must comply
  314  with, this chapter, the governing documents of the community,
  315  and the rules of the association. Actions at law or in equity,
  316  or both, to redress alleged failure or refusal to comply with
  317  these provisions may be brought by the association or by any
  318  member against:
  319         (a) The association;
  320         (b) A member;
  321         (c) Any director or officer of an association who willfully
  322  and knowingly fails to comply with these provisions; and
  323         (d) Any tenants, guests, or invitees occupying a parcel or
  324  using the common areas.
  325  
  326  The prevailing party in any such litigation is entitled to
  327  recover reasonable attorney fees and costs as provided in
  328  subsection (2) paragraph (2)(e). A member prevailing in an
  329  action between the association and the member under this
  330  section, in addition to recovering his or her reasonable
  331  attorney fees, may recover additional amounts as determined by
  332  the court to be necessary to reimburse the member for his or her
  333  share of assessments levied by the association to fund its
  334  expenses of the litigation. This relief does not exclude other
  335  remedies provided by law. This section does not deprive any
  336  person of any other available right or remedy.
  337         (2) An association may levy reasonable fines for violations
  338  of the declaration, association bylaws, or reasonable rules of
  339  the association. A fine may not exceed $100 per violation
  340  against any member or any member’s tenant, guest, or invitee for
  341  the failure of the owner of the parcel or its occupant,
  342  licensee, or invitee to comply with any provision of the
  343  declaration, the association bylaws, or reasonable rules of the
  344  association unless otherwise provided in the governing
  345  documents. A fine may be levied by the board for each day of a
  346  continuing violation, with a single notice and opportunity for
  347  hearing, except that the fine may not exceed $1,000 in the
  348  aggregate unless otherwise provided in the governing documents.
  349  A fine of less than $2,500 $1,000 may not become a lien against
  350  a parcel. In any action to recover a fine, the prevailing party
  351  is entitled to reasonable attorney fees and costs from the
  352  nonprevailing party as determined by the court.
  353         (a) An association may suspend, for a reasonable period of
  354  time, the right of a member, or a member’s tenant, guest, or
  355  invitee, to use common areas and facilities for the failure of
  356  the owner of the parcel or its occupant, licensee, or invitee to
  357  comply with any provision of the declaration, the association
  358  bylaws, or reasonable rules of the association. This paragraph
  359  does not apply to that portion of common areas used to provide
  360  access or utility services to the parcel. A suspension may not
  361  prohibit an owner or tenant of a parcel from having vehicular
  362  and pedestrian ingress to and egress from the parcel, including,
  363  but not limited to, the right to park.
  364         (b) A fine or suspension levied by the board of
  365  administration may not be imposed unless the board first
  366  provides at least 14 days’ written notice of the parcel owner’s
  367  right to a hearing to the parcel owner at his or her designated
  368  mailing or e-mail address in the association’s official records
  369  and, if applicable, to any occupant, licensee, or invitee of the
  370  parcel owner, sought to be fined or suspended. Such and a
  371  hearing must be held within 30 days after issuance of the notice
  372  before a committee of at least three members appointed by the
  373  board who are not officers, directors, or employees of the
  374  association, or the spouse, parent, child, brother, or sister of
  375  an officer, director, or employee. The committee and the parcel
  376  owner may agree to an extension of time for the hearing of up to
  377  30 days. The committee may conduct the hearing by telephone or
  378  other electronic means. The notice must include a description of
  379  the alleged violation; the specific action required to cure such
  380  violation, if applicable; and the hearing date, and location,
  381  and access information if conducted by telephone or other
  382  electronic means of the hearing. A parcel owner has the right to
  383  attend a hearing by telephone or other electronic means.
  384         (c) If the committee, by majority vote, does not approve a
  385  proposed fine or suspension, the proposed fine or suspension may
  386  not be imposed. The role of the committee is limited to
  387  determining whether to confirm or reject the fine or suspension
  388  levied by the board.
  389         (d) Within 7 days after the hearing, the committee shall
  390  provide written notice to the parcel owner at his or her
  391  designated mailing or e-mail address in the association’s
  392  official records and, if applicable, any occupant, licensee, or
  393  invitee of the parcel owner, of the committee’s findings related
  394  to the violation, including any applicable fines or suspensions
  395  that the committee approved or rejected, and how the parcel
  396  owner or any occupant, licensee, or invitee of the parcel owner
  397  may cure the violation, if applicable, or fulfill a suspension,
  398  or the date by which a fine must be paid.
  399         (e) If a violation is found by the committee and the
  400  proposed fine or suspension levied by the board is approved by
  401  the committee by a majority vote, the committee must set a date
  402  by which the fine must be paid, which date must be at least 30
  403  days after delivery of the written notice required in paragraph
  404  (d).
  405         (f)Upon receipt of a payment for any outstanding fines
  406  from a parcel owner or any occupant, licensee, or invitee of the
  407  parcel owner, the board must apply the payment first to the fine
  408  before satisfying any other amounts due to the association.
  409  Attorney fees and costs may not continue to accrue after a
  410  parcel owner or any occupant, licensee, or invitee of the parcel
  411  owner pays the fine payment is due 5 days after notice of the
  412  approved fine required under paragraph (d) is provided to the
  413  parcel owner and, if applicable, to any occupant, licensee, or
  414  invitee of the parcel owner. The association must provide
  415  written notice of such fine or suspension by mail or hand
  416  delivery to the parcel owner and, if applicable, to any
  417  occupant, licensee, or invitee of the parcel owner.
  418         (7)An association may not foreclose on a lien based on a
  419  fine for an infraction relating to lawn, landscaping, or grass
  420  maintenance, or a fine for a traffic infraction.
  421         (8)Notwithstanding any provision to the contrary in an
  422  association’s governing documents, an association may not levy a
  423  fine or impose a suspension for any of the following:
  424         (a)Leaving garbage receptacles at the curb or end of the
  425  driveway within 24 hours before or after the designated garbage
  426  collection day or time.
  427         (b)Leaving holiday decorations or lights on a structure or
  428  other improvement on a parcel longer than indicated in the
  429  governing documents, unless such decorations or lights are left
  430  up for longer than 1 week after the association provides written
  431  notice of the violation to the parcel owner.
  432         Section 6. Section 720.3065, Florida Statutes, is amended
  433  to read:
  434         720.3065 Fraudulent voting activities relating to
  435  association elections; penalties.—
  436         (1) A person who engages in Each of the following acts of
  437  is a fraudulent voting activity relating to association
  438  elections commits and constitutes a misdemeanor of the first
  439  degree, punishable as provided in s. 775.082 or s. 775.083:
  440         (a)(1) Willfully and falsely swearing to or affirming an
  441  oath or affirmation, or willfully procuring another person to
  442  falsely swear to or affirm an oath or affirmation, in connection
  443  with or arising out of voting activities.
  444         (b)(2) Perpetrating or attempting to perpetrate, or aiding
  445  in the perpetration of, fraud in connection with a vote cast, to
  446  be cast, or attempted to be cast.
  447         (c)(3) Preventing a member from voting or preventing a
  448  member from voting as he or she intended by fraudulently
  449  changing or attempting to change a ballot, ballot envelope,
  450  vote, or voting certificate of the member.
  451         (d)(4) Menacing, threatening, or using bribery or any other
  452  corruption to attempt, directly or indirectly, to influence,
  453  deceive, or deter a member when the member is voting.
  454         (e)(5) Giving or promising, directly or indirectly,
  455  anything of value to another member with the intent to buy the
  456  vote of that member or another member or to corruptly influence
  457  that member or another member in casting his or her vote. This
  458  paragraph subsection does not apply to any food served which is
  459  to be consumed at an election rally or a meeting or to any item
  460  of nominal value which is used as an election advertisement,
  461  including a campaign message designed to be worn by a member.
  462         (f)(6) Using or threatening to use, directly or indirectly,
  463  force, violence, or intimidation or any tactic of coercion or
  464  intimidation to induce or compel a member to vote or refrain
  465  from voting in an election or on a particular ballot measure.
  466         (2)Each of the following acts constitutes a misdemeanor of
  467  the first degree, punishable as provided in s. 775.082 or s.
  468  775.083:
  469         (a) Knowingly aiding, abetting, or advising a person in the
  470  commission of a fraudulent voting activity related to
  471  association elections.
  472         (b) Agreeing, conspiring, combining, or confederating with
  473  at least one other person to commit a fraudulent voting activity
  474  related to association elections.
  475         (c) Having knowledge of a fraudulent voting activity
  476  related to association elections and giving any aid to the
  477  offender with intent that the offender avoid or escape
  478  detection, arrest, trial, or punishment.
  479  
  480  This subsection does not apply to a licensed attorney giving
  481  legal advice to a client.
  482         Section 7. Subsection (3) of section 720.3075, Florida
  483  Statutes, is amended, and paragraph (c) is added to subsection
  484  (4) of that section, to read:
  485         720.3075 Prohibited clauses in association documents.—
  486         (3) Homeowners’ association documents, including
  487  declarations of covenants, articles of incorporation, or bylaws,
  488  may not preclude:
  489         (a) The display of up to two portable, removable flags as
  490  described in s. 720.304(2)(a) by property owners. However, all
  491  flags must be displayed in a respectful manner consistent with
  492  the requirements for the United States flag under 36 U.S.C.
  493  chapter 10.
  494         (b)A property owner or a tenant, a guest, or an invitee of
  495  the property owner from parking his or her personal vehicle,
  496  including a pickup truck, in the property owner’s driveway, or
  497  in common parking lots. The homeowners’ association documents,
  498  including declarations of covenants, articles of incorporation,
  499  or bylaws, may not prohibit a property owner or a tenant, a
  500  guest, or an invitee of the property owner from parking his or
  501  her work vehicle, which is not a commercial motor vehicle as
  502  defined in s. 320.01(25), in the property owner’s driveway.
  503         (c)A property owner from inviting, hiring, or allowing
  504  entry to a contractor or worker on the owner’s parcel solely
  505  because the contractor or worker is not on a preferred vendor
  506  list of the association. Additionally, homeowners’ association
  507  documents may not preclude a property owner from inviting,
  508  hiring, or allowing entry to a contractor or worker on his or
  509  her parcel solely because the contractor or worker does not have
  510  a professional or an occupational license. The association may
  511  not require a contractor or worker to present or prove
  512  possession of a professional or an occupational license to be
  513  allowed entry onto a property owner’s parcel.
  514         (d)Operating a vehicle that is not a commercial motor
  515  vehicle as defined in s. 320.01(25) in conformance with state
  516  traffic laws, on public roads or rights-of-way or the property
  517  owner’s parcel.
  518         (e)A property owner from installing code-compliant
  519  hurricane protection or home hardening, such as hurricane
  520  shutters, impact glass, code-compliant windows or doors, or
  521  other similar protection that complies with or exceeds the
  522  applicable building code. However, the association may require a
  523  parcel owner to adhere to an existing unified building scheme
  524  regarding the external appearance of the structure or other
  525  improvement on the parcel.
  526         (f)A property owner from installing roof systems
  527  recognized by the Florida Building Code which meet the American
  528  Society of Civil Engineers Standard ASCE/SEI 7-22 standards,
  529  artificial turf, a vegetable garden, a clothesline, or other
  530  energy-efficient device. However, the association may require a
  531  parcel owner to adhere to an existing unified building scheme
  532  regarding the external appearance of the structure or other
  533  improvement on the parcel.
  534         (4)
  535         (c)Homeowners’ association documents, including
  536  declarations of covenants, articles of incorporation, or bylaws,
  537  may not limit landscaping to grass-only or grass-majority lawns.
  538  However, the association’s documents may generally require that
  539  a property owner keep any lawn, landscaping, or grass on the
  540  property owner’s parcel well-maintained.
  541         Section 8. Section 720.318, Florida Statutes, is amended to
  542  read:
  543         720.318 Law enforcement vehicles.—An association may not
  544  prohibit a law enforcement officer, as defined in s. 943.10(1),
  545  who is a parcel owner, or who is a tenant, guest, or invitee of
  546  a parcel owner, from parking his or her assigned law enforcement
  547  vehicle in an area where the parcel owner, or the tenant, guest,
  548  or invitee of the parcel owner, otherwise has a right to park,
  549  including on public roads or rights-of-way.
  550         Section 9. This act shall take effect July 1, 2024.
  551  
  552  ================= T I T L E  A M E N D M E N T ================
  553  And the title is amended as follows:
  554         Delete everything before the enacting clause
  555  and insert:
  556                        A bill to be entitled                      
  557         An act relating to homeowners’ associations; amending
  558         s. 720.303, F.S.; conforming a provision to changes
  559         made by the act; providing criminal penalties for
  560         directors or members of the board or association or
  561         community association managers who fail to maintain
  562         and make available specified records with the intent
  563         to cause harm to the association or its members;
  564         defining the term “repeatedly”; providing criminal
  565         penalties for persons who knowingly or intentionally
  566         deface, destroy, or fail to maintain specified
  567         accounting records; providing criminal penalties for
  568         persons who willfully or intentionally refuse to
  569         release certain records for specific purposes;
  570         prohibiting an association and its officers,
  571         directors, employees, and agents from using a debit
  572         card issued in the name of the association for
  573         specified purposes; defining the term “lawful
  574         obligation of the association”; requiring the board to
  575         provide a detailed accounting within a specified
  576         timeframe upon written request by a parcel owner;
  577         prohibiting such parcel owners from making more than
  578         one request within a specified time period; requiring
  579         the board to waive certain outstanding fines owed to
  580         the association by such parcel owners if the board
  581         fails to respond within a specified timeframe;
  582         amending s. 720.3033, F.S.; providing criminal
  583         penalties for certain actions by an officer, a
  584         director, or a manager of an association; amending s.
  585         720.3035, F.S.; prohibiting an association or any
  586         architectural, construction improvement, or other such
  587         similar committee of an association from enforcing or
  588         adopting certain covenants, rules, or guidelines;
  589         making technical changes; amending s. 720.3045, F.S.;
  590         prohibiting a homeowners’ association from restricting
  591         residents from installing certain vegetable gardens
  592         and clotheslines under certain circumstances; amending
  593         s. 720.305, F.S.; revising the fines prohibited from
  594         being aggregated to create a lien against a parcel;
  595         requiring that certain notices be provided to parcel
  596         owners; requiring that certain hearings be held within
  597         a specified timeframe; authorizing certain committees
  598         and parcel owners to agree to an extension of time for
  599         a hearing; authorizing committees to conduct such
  600         hearings by telephone or other electronic means;
  601         requiring the committee to provide written notice to
  602         the parcel owner within a specified timeframe after
  603         the hearing; revising the information that must be
  604         included in such written notice; requiring that the
  605         date the committee sets for payment of a fine be a
  606         specified time after delivery of the required notice
  607         to the parcel owner; deleting a specified timeframe
  608         that a fine is due after notice to the parcel owner is
  609         mailed or hand delivered; specifying the priority of
  610         applying payments made by a parcel owner to an
  611         association; prohibiting attorney fees and costs from
  612         continuing to accrue after a fine is paid; prohibiting
  613         an association from foreclosing on a lien based on a
  614         fine for certain infractions; prohibiting an
  615         association from levying a fine or imposing a
  616         suspension for certain infractions; amending s.
  617         720.3065, F.S.; providing criminal penalties for
  618         certain voting violations; providing applicability;
  619         making technical changes; amending s. 720.3075, F.S.;
  620         prohibiting certain homeowners’ association documents
  621         from precluding property owners or tenants, guests, or
  622         invitees from taking certain actions; providing an
  623         exception; prohibiting homeowners’ association
  624         documents from limiting certain actions; amending s.
  625         720.318, F.S.; prohibiting an association from
  626         prohibiting certain law enforcement officers from
  627         parking their assigned vehicles on public roads and
  628         rights-of-way; providing an effective date.