Florida Senate - 2024                                    SB 7046
       
       
        
       By the Committee on Regulated Industries
       
       
       
       
       
       580-02637-24                                          20247046__
    1                        A bill to be entitled                      
    2         An act relating to homeowners’ associations; amending
    3         s. 720.303, F.S.; conforming a cross-reference;
    4         providing criminal penalties for directors or members
    5         of the board or association who fail to maintain and
    6         make available specified records; defining the term
    7         “repeatedly”; providing criminal penalties for persons
    8         who knowingly and intentionally deface, destroy, or
    9         fail to maintain specified accounting records;
   10         providing criminal penalties for persons who willfully
   11         and intentionally refuse to release certain records
   12         for specific purposes; authorizing a parcel owner or
   13         any occupant, licensee, or invitee of the parcel owner
   14         to make a written request to the board for a detailed
   15         accounting of any debts owed to the association;
   16         requiring the board to provide such information within
   17         a specified timeframe; prohibiting subsequent requests
   18         from being made within a specified period after the
   19         initial request; requiring the board to waive all
   20         outstanding fines if it fails to provide a detailed
   21         accounting within a specified timeframe when such
   22         fines owed are past due more than a specified number
   23         of days; prohibiting an association and its officers,
   24         directors, employees, and agents from using a debit
   25         card issued in the name of the association for
   26         specified purposes; defining the term “lawful
   27         obligation of the association”; requiring the board to
   28         provide a detailed accounting within a specified
   29         timeframe upon written request by certain persons;
   30         prohibiting such persons from making more than one
   31         request within a specified time period; requiring the
   32         board to waive certain outstanding fines owed to the
   33         association by such persons if the board fails to
   34         respond within a specified timeframe; amending s.
   35         720.3033, F.S.; providing criminal penalties for
   36         certain actions by an officer, a director, or a
   37         manager of an association; requiring that a director
   38         or an officer be removed from office and a vacancy
   39         declared for certain actions taken; amending s.
   40         720.3035, F.S.; prohibiting an association or any
   41         architectural, construction improvement, or other such
   42         similar committee of an association from enforcing or
   43         adopting certain covenants, rules, or guidelines;
   44         requiring an association or any architectural,
   45         construction improvement, or other such similar
   46         committee of an association to provide a parcel owner
   47         with an appeals process under certain circumstances;
   48         making technical changes; amending s. 720.3045, F.S.;
   49         prohibiting a homeowners’ association from restricting
   50         residents from installing certain vegetable gardens
   51         and clotheslines under certain circumstances; amending
   52         s. 720.305, F.S.; revising the fines prohibited from
   53         being aggregated to create a lien against a parcel;
   54         requiring that certain notices be provided to parcel
   55         owners; requiring that certain hearings be held within
   56         a specified timeframe; authorizing that such hearings
   57         may be conducted by telephone or other electronic
   58         means; providing a specified timeframe after a hearing
   59         for a committee to send a parcel owner certain
   60         information related to a violation; requiring the
   61         committee to provide written notice to the parcel
   62         owner within a specified timeframe after the hearing;
   63         revising what information must be included in such
   64         written notice; requiring that the date the committee
   65         sets for payment of a fine be a specified time after
   66         delivery of the required notice to the parcel owner;
   67         deleting a specified timeframe that a fine is due
   68         after notice to the parcel owner is mailed or hand
   69         delivered; specifying the priority of applying
   70         payments made by a parcel owner to an association;
   71         prohibiting the accrual of attorney fees and costs
   72         before a specified time; prohibiting attorney fees and
   73         costs from continuing to accrue after a fine is paid;
   74         prohibiting certain fines levied to become a lien on
   75         the parcel; authorizing certain persons to request a
   76         hearing to dispute certain fees and costs; prohibiting
   77         an association from retroactively applying a fine or
   78         imposing a suspension for certain actions; providing
   79         an exception; prohibiting an association from
   80         enforcing certain rules or covenants under certain
   81         circumstances; conforming a cross-reference; amending
   82         s. 720.3065, F.S.; providing criminal penalties for
   83         certain voting violations; providing applicability;
   84         making technical changes; amending s. 720.3075, F.S.;
   85         prohibiting certain homeowners’ association documents
   86         from precluding property owners or tenants, guests, or
   87         invitees from taking certain actions; prohibiting
   88         homeowners’ association documents from limiting or
   89         requiring certain actions; amending s. 720.3085, F.S.;
   90         deleting provisions relating to the priority of
   91         certain liens, mortgages, or certified judgments;
   92         amending s. 720.318, F.S.; prohibiting an association
   93         from prohibiting certain law enforcement officers from
   94         parking their assigned vehicles on public roads and
   95         rights-of-way; providing an effective date.
   96          
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Subsections (1) and (5) of section 720.303,
  100  Florida Statutes, are amended, and subsections (13) and (14) are
  101  added to that section, to read:
  102         720.303 Association powers and duties; meetings of board;
  103  official records; budgets; financial reporting; association
  104  funds; recalls.—
  105         (1) POWERS AND DUTIES.—An association that which operates a
  106  community as defined in s. 720.301, must be operated by an
  107  association that is a Florida corporation. After October 1,
  108  1995, the association must be incorporated and the initial
  109  governing documents must be recorded in the official records of
  110  the county in which the community is located. An association may
  111  operate more than one community. The officers and directors of
  112  an association are subject to s. 617.0830 and have a fiduciary
  113  relationship to the members who are served by the association.
  114  The powers and duties of an association include those set forth
  115  in this chapter and, except as expressly limited or restricted
  116  in this chapter, those set forth in the governing documents.
  117  After control of the association is obtained by members other
  118  than the developer, the association may institute, maintain,
  119  settle, or appeal actions or hearings in its name on behalf of
  120  all members concerning matters of common interest to the
  121  members, including, but not limited to, the common areas; roof
  122  or structural components of a building, or other improvements
  123  for which the association is responsible; mechanical,
  124  electrical, or plumbing elements serving an improvement or
  125  building for which the association is responsible;
  126  representations of the developer pertaining to any existing or
  127  proposed commonly used facility; and protesting ad valorem taxes
  128  on commonly used facilities. The association may defend actions
  129  in eminent domain or bring inverse condemnation actions. Before
  130  commencing litigation against any party in the name of the
  131  association involving amounts in controversy in excess of
  132  $100,000, the association must obtain the affirmative approval
  133  of a majority of the voting interests at a meeting of the
  134  membership at which a quorum has been attained. This subsection
  135  does not limit any statutory or common-law right of any
  136  individual member or class of members to bring any action
  137  without participation by the association. A member does not have
  138  authority to act for the association by virtue of being a
  139  member. An association may have more than one class of members
  140  and may issue membership certificates. An association of 15 or
  141  fewer parcel owners may enforce only the requirements of those
  142  deed restrictions established prior to the purchase of each
  143  parcel upon an affected parcel owner or owners.
  144         (5) INSPECTION AND COPYING OF RECORDS.—
  145         (a) The official records shall be maintained within the
  146  state for at least 7 years and shall be made available to a
  147  parcel owner for inspection or photocopying within 45 miles of
  148  the community or within the county in which the association is
  149  located within 10 business days after receipt by the board or
  150  its designee of a written request. This subsection may be
  151  complied with by having a copy of the official records available
  152  for inspection or copying in the community or, at the option of
  153  the association, by making the records available to a parcel
  154  owner electronically via the Internet or by allowing the records
  155  to be viewed in electronic format on a computer screen and
  156  printed upon request. If the association has a photocopy machine
  157  available where the records are maintained, it must provide
  158  parcel owners with copies on request during the inspection if
  159  the entire request is limited to no more than 25 pages. An
  160  association shall allow a member or his or her authorized
  161  representative to use a portable device, including a smartphone,
  162  tablet, portable scanner, or any other technology capable of
  163  scanning or taking photographs, to make an electronic copy of
  164  the official records in lieu of the association’s providing the
  165  member or his or her authorized representative with a copy of
  166  such records. The association may not charge a fee to a member
  167  or his or her authorized representative for the use of a
  168  portable device.
  169         (b)(a) The failure of an association to provide access to
  170  the records within 10 business days after receipt of a written
  171  request submitted by certified mail, return receipt requested,
  172  creates a rebuttable presumption that the association willfully
  173  failed to comply with this subsection.
  174         (c)(b) A member who is denied access to official records is
  175  entitled to the actual damages or minimum damages for the
  176  association’s willful failure to comply with this subsection.
  177  The minimum damages are to be $50 per calendar day up to 10
  178  days, the calculation to begin on the 11th business day after
  179  receipt of the written request.
  180         (d) Any director or member of the board or association or a
  181  community association manager who knowingly, willfully, and
  182  repeatedly violates paragraph (a) commits a misdemeanor of the
  183  second degree, punishable as provided in s. 775.082 or s.
  184  775.083, and shall be deemed removed from office and a vacancy
  185  declared. For purposes of this paragraph, the term “repeatedly”
  186  means two or more violations within a 12-month period.
  187         (e) Any person who knowingly or intentionally defaces or
  188  destroys accounting records during a period in which such
  189  accounting records are required by this chapter to be
  190  maintained, or who knowingly or intentionally fails to create or
  191  maintain accounting records that are required by this chapter to
  192  be created or maintained, with the intent of causing harm to the
  193  association or one or more of its members, commits a misdemeanor
  194  of the first degree, punishable as provided in s. 775.082 or s.
  195  775.083. If the person who commits this offense is an
  196  association board member, director, or community association
  197  manager, he or she shall be deemed removed from office and a
  198  vacancy declared.
  199         (f) Any person who willfully and intentionally refuses to
  200  release or otherwise produce association records with the intent
  201  to avoid or escape detection, arrest, trial, or punishment for
  202  the commission of a crime, or to assist another person with such
  203  avoidance or escape, commits a felony of the third degree,
  204  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  205  and shall be deemed removed from office and a vacancy declared.
  206         (g)(c) The association may adopt reasonable written rules
  207  governing the frequency, time, location, notice, records to be
  208  inspected, and manner of inspections, but may not require a
  209  parcel owner to demonstrate any proper purpose for the
  210  inspection, state any reason for the inspection, or limit a
  211  parcel owner’s right to inspect records to less than one 8-hour
  212  business day per month. The association may impose fees to cover
  213  the costs of providing copies of the official records, including
  214  the costs of copying and the costs required for personnel to
  215  retrieve and copy the records if the time spent retrieving and
  216  copying the records exceeds one-half hour and if the personnel
  217  costs do not exceed $20 per hour. Personnel costs may not be
  218  charged for records requests that result in the copying of 25 or
  219  fewer pages. The association may charge up to 25 cents per page
  220  for copies made on the association’s photocopier. If the
  221  association does not have a photocopy machine available where
  222  the records are kept, or if the records requested to be copied
  223  exceed 25 pages in length, the association may have copies made
  224  by an outside duplicating service and may charge the actual cost
  225  of copying, as supported by the vendor invoice. The association
  226  shall maintain an adequate number of copies of the recorded
  227  governing documents, to ensure their availability to members and
  228  prospective members. Notwithstanding this paragraph, the
  229  following records are not accessible to members or parcel
  230  owners:
  231         1. Any record protected by the lawyer-client privilege as
  232  described in s. 90.502 and any record protected by the work
  233  product privilege, including, but not limited to, a record
  234  prepared by an association attorney or prepared at the
  235  attorney’s express direction which reflects a mental impression,
  236  conclusion, litigation strategy, or legal theory of the attorney
  237  or the association and which was prepared exclusively for civil
  238  or criminal litigation or for adversarial administrative
  239  proceedings or which was prepared in anticipation of such
  240  litigation or proceedings until the conclusion of the litigation
  241  or proceedings.
  242         2. Information obtained by an association in connection
  243  with the approval of the lease, sale, or other transfer of a
  244  parcel.
  245         3. Information an association obtains in a gated community
  246  in connection with guests’ visits to parcel owners or community
  247  residents.
  248         4. Personnel records of association or management company
  249  employees, including, but not limited to, disciplinary, payroll,
  250  health, and insurance records. For purposes of this
  251  subparagraph, the term “personnel records” does not include
  252  written employment agreements with an association or management
  253  company employee or budgetary or financial records that indicate
  254  the compensation paid to an association or management company
  255  employee.
  256         5. Medical records of parcel owners or community residents.
  257         6. Social security numbers, driver license numbers, credit
  258  card numbers, electronic mailing addresses, telephone numbers,
  259  facsimile numbers, emergency contact information, any addresses
  260  for a parcel owner other than as provided for association notice
  261  requirements, and other personal identifying information of any
  262  person, excluding the person’s name, parcel designation, mailing
  263  address, and property address. Notwithstanding the restrictions
  264  in this subparagraph, an association may print and distribute to
  265  parcel owners a directory containing the name, parcel address,
  266  and all telephone numbers of each parcel owner. However, an
  267  owner may exclude his or her telephone numbers from the
  268  directory by so requesting in writing to the association. An
  269  owner may consent in writing to the disclosure of other contact
  270  information described in this subparagraph. The association is
  271  not liable for the disclosure of information that is protected
  272  under this subparagraph if the information is included in an
  273  official record of the association and is voluntarily provided
  274  by an owner and not requested by the association.
  275         7. Any electronic security measure that is used by the
  276  association to safeguard data, including passwords.
  277         8. The software and operating system used by the
  278  association which allows the manipulation of data, even if the
  279  owner owns a copy of the same software used by the association.
  280  The data is part of the official records of the association.
  281         9. All affirmative acknowledgments made pursuant to s.
  282  720.3085(3)(c)3.
  283         (h)(d) The association or its authorized agent is not
  284  required to provide a prospective purchaser or lienholder with
  285  information about the residential subdivision or the association
  286  other than information or documents required by this chapter to
  287  be made available or disclosed. The association or its
  288  authorized agent may charge a reasonable fee to the prospective
  289  purchaser or lienholder or the current parcel owner or member
  290  for providing good faith responses to requests for information
  291  by or on behalf of a prospective purchaser or lienholder, other
  292  than that required by law, if the fee does not exceed $150 plus
  293  the reasonable cost of photocopying and any attorney fees
  294  incurred by the association in connection with the response.
  295         (13) DEBIT CARDS.—
  296         (a) An association and its officers, directors, employees,
  297  and agents may not use a debit card issued in the name of the
  298  association, or billed directly to the association, for the
  299  payment of any association expense that is not a lawful
  300  obligation of the association.
  301         (b) A person who uses a debit card issued in the name of
  302  the association, or billed directly to the association, for any
  303  expense that is not a lawful obligation of the association
  304  commits theft under s. 812.014, and shall be deemed removed from
  305  office and a vacancy declared.
  306  
  307  For the purposes of this subsection, the term “lawful obligation
  308  of the association” means an obligation that has been properly
  309  preapproved by the board and is reflected in the meeting minutes
  310  or the written budget.
  311         (14)REQUIREMENT TO PROVIDE AN ACCOUNTING.—A parcel owner
  312  or any occupant, licensee, or invitee of the parcel owner may
  313  make a written request to the board for a detailed accounting of
  314  any amounts he or she owes to the association, and the board
  315  shall provide such information within 15 business days after
  316  receipt of the written request. After the parcel owner or any
  317  occupant, licensee, or invitee of the parcel owner makes such a
  318  written request to the board, he or she may not ask for another
  319  detailed accounting for at least 90 calendar days. Failure by
  320  the board to respond within 15 business days to a written
  321  request for a detailed accounting constitutes a complete waiver
  322  of any outstanding fines owed by the person who requested such
  323  an accounting which are more than 30 days past due and for which
  324  the association has not given prior written notice of the
  325  imposition of the fines.
  326         Section 2. Subsection (3) and paragraph (a) of subsection
  327  (4) of section 720.3033, Florida Statutes, are amended to read:
  328         720.3033 Officers and directors.—
  329         (3) An officer, a director, or a manager may not solicit,
  330  offer to accept, or accept any thing or service of value for
  331  which consideration has not been provided for his or her benefit
  332  or for the benefit of a member of his or her immediate family
  333  from any person providing or proposing to provide goods or
  334  services to the association. An officer, a director, or a
  335  manager who knowingly solicits, offers to accept, or accepts any
  336  thing or service of value or kickback for which consideration
  337  has not been provided for his or her own benefit or that of his
  338  or her immediate family from any person providing or proposing
  339  to provide goods or services to the association commits a felony
  340  of the third degree, punishable as provided in s. 775.082, s.
  341  775.083, or s. 775.084, and is subject to monetary damages under
  342  s. 617.0834. If the board finds that an officer or a director
  343  has violated this subsection, the officer or director is deemed
  344  removed from office and a vacancy declared board shall
  345  immediately remove the officer or director from office. The
  346  vacancy shall be filled according to law until the end of the
  347  officer’s or director’s term of office. However, an officer, a
  348  director, or a manager may accept food to be consumed at a
  349  business meeting with a value of less than $25 per individual or
  350  a service or good received in connection with trade fairs or
  351  education programs.
  352         (4)(a) A director or an officer charged by information or
  353  indictment with any of the following crimes is deemed must be
  354  removed from office and a vacancy declared:
  355         1. Forgery of a ballot envelope or voting certificate used
  356  in a homeowners’ association election as provided in s. 831.01.
  357         2. Theft or embezzlement involving the association’s funds
  358  or property as provided in s. 812.014.
  359         3. Destruction of or the refusal to allow inspection or
  360  copying of an official record of a homeowners’ association which
  361  is accessible to parcel owners within the time periods required
  362  by general law, in furtherance of any crime. Such act
  363  constitutes tampering with physical evidence as provided in s.
  364  918.13.
  365         4. Obstruction of justice as provided in chapter 843.
  366         5. Any criminal violation under this chapter.
  367         Section 3. Subsection (1) of section 720.3035, Florida
  368  Statutes, is amended to read:
  369         720.3035 Architectural control covenants; parcel owner
  370  improvements; rights and privileges.—
  371         (1)(a) The authority of an association or any
  372  architectural, construction improvement, or other such similar
  373  committee of an association to review and approve plans and
  374  specifications for the location, size, type, or appearance of
  375  any structure or other improvement on a parcel, or to enforce
  376  standards for the external appearance of any structure or
  377  improvement located on a parcel, shall be permitted only to the
  378  extent that the authority is specifically stated or reasonably
  379  inferred as to such location, size, type, or appearance in the
  380  declaration of covenants or other published guidelines and
  381  standards authorized by the declaration of covenants.
  382         (b)An association or any architectural, construction
  383  improvement, or other such similar committee of an association
  384  may not enforce or adopt a covenant, rule, or guideline that:
  385         1.Limits or places requirements on the interior of a
  386  structure that is not visible from the parcel’s frontage or an
  387  adjacent parcel; or
  388         2.Requires the review and approval of plans and
  389  specifications for a central air-conditioning, refrigeration,
  390  heating, or ventilating system by the association or any
  391  architectural, construction improvement, or other such similar
  392  committee of an association, if such system is not visible from
  393  the parcel’s frontage and is substantially similar to a system
  394  that is approved or recommended by the association or a
  395  committee thereof.
  396         Section 4. Section 720.3045, Florida Statutes, is amended
  397  to read:
  398         720.3045 Installation, display, and storage of items.
  399  Regardless of any covenants, restrictions, bylaws, rules, or
  400  requirements of an association, and unless prohibited by general
  401  law or local ordinance, an association may not restrict parcel
  402  owners or their tenants from installing, displaying, or storing
  403  any items on a parcel which are not visible from the parcel’s
  404  frontage or an adjacent parcel, including, but not limited to,
  405  artificial turf, boats, flags, vegetable gardens, clotheslines,
  406  and recreational vehicles.
  407         Section 5. Subsections (1) and (2) of section 720.305,
  408  Florida Statutes, are amended, and subsections (7) through (9)
  409  are added to that section, to read:
  410         720.305 Obligations of members; remedies at law or in
  411  equity; levy of fines and suspension of use rights.—
  412         (1) Each member and the member’s tenants, guests, and
  413  invitees, and each association, are governed by, and must comply
  414  with, this chapter, the governing documents of the community,
  415  and the rules of the association. Actions at law or in equity,
  416  or both, to redress alleged failure or refusal to comply with
  417  these provisions may be brought by the association or by any
  418  member against:
  419         (a) The association;
  420         (b) A member;
  421         (c) Any director or officer of an association who willfully
  422  and knowingly fails to comply with these provisions; and
  423         (d) Any tenants, guests, or invitees occupying a parcel or
  424  using the common areas.
  425  
  426  The prevailing party in any such litigation is entitled to
  427  recover reasonable attorney fees and costs as provided in
  428  paragraph (2)(f) (2)(e). A member prevailing in an action
  429  between the association and the member under this section, in
  430  addition to recovering his or her reasonable attorney fees, may
  431  recover additional amounts as determined by the court to be
  432  necessary to reimburse the member for his or her share of
  433  assessments levied by the association to fund its expenses of
  434  the litigation. This relief does not exclude other remedies
  435  provided by law. This section does not deprive any person of any
  436  other available right or remedy.
  437         (2) An association may levy reasonable fines for violations
  438  of the declaration, association bylaws, or reasonable rules of
  439  the association. A fine may not exceed $100 per violation
  440  against any member or any member’s tenant, guest, or invitee for
  441  the failure of the owner of the parcel or its occupant,
  442  licensee, or invitee to comply with any provision of the
  443  declaration, the association bylaws, or reasonable rules of the
  444  association unless otherwise provided in the governing
  445  documents. A fine may be levied by the board for each day of a
  446  continuing violation, with a single notice and opportunity for
  447  hearing, except that the fine may not exceed $1,000 in the
  448  aggregate unless otherwise provided in the governing documents.
  449  A fine of less than $2,500 $1,000 may not become a lien against
  450  a parcel. In any action to recover a fine, the prevailing party
  451  is entitled to reasonable attorney fees and costs from the
  452  nonprevailing party as determined by the court.
  453         (a) An association may suspend, for a reasonable period of
  454  time, the right of a member, or a member’s tenant, guest, or
  455  invitee, to use common areas and facilities for the failure of
  456  the owner of the parcel or its occupant, licensee, or invitee to
  457  comply with any provision of the declaration, the association
  458  bylaws, or reasonable rules of the association. This paragraph
  459  does not apply to that portion of common areas used to provide
  460  access or utility services to the parcel. A suspension may not
  461  prohibit an owner or tenant of a parcel from having vehicular
  462  and pedestrian ingress to and egress from the parcel, including,
  463  but not limited to, the right to park.
  464         (b) A fine or suspension levied by the board of
  465  administration may not be imposed unless the board first
  466  provides at least 14 days’ written notice of the parcel owner’s
  467  right to a hearing to the parcel owner at his or her designated
  468  mailing or e-mail address in the association’s official records
  469  and, if applicable, to any occupant, licensee, or invitee of the
  470  parcel owner, sought to be fined or suspended. Such and a
  471  hearing must be held within 30 days after issuance of the notice
  472  before a committee of at least three members appointed by the
  473  board who are not officers, directors, or employees of the
  474  association, or the spouse, parent, child, brother, or sister of
  475  an officer, director, or employee. The committee may conduct the
  476  hearing by telephone or other electronic means. The notice must
  477  include a description of the alleged violation; the specific
  478  action required to cure such violation, if applicable; and the
  479  hearing date, and location, and access information if conducted
  480  by telephone or other electronic means of the hearing. A parcel
  481  owner has the right to attend a hearing by telephone or other
  482  electronic means.
  483         (c) If the committee, by majority vote, does not approve a
  484  proposed fine or suspension, the proposed fine or suspension may
  485  not be imposed. The role of the committee is limited to
  486  determining whether to confirm or reject the fine or suspension
  487  levied by the board.
  488         (d) Within 7 days after the hearing, the committee shall
  489  provide written notice to the parcel owner at his or her
  490  designated mailing or e-mail address in the association’s
  491  official records and, if applicable, any occupant, licensee, or
  492  invitee of the parcel owner, of the committee’s findings related
  493  to the violation, including any applicable fines or suspensions
  494  that the committee approved or rejected, and how the parcel
  495  owner or any occupant, licensee, or invitee of the parcel owner
  496  may cure the violation, if applicable, or fulfill a suspension,
  497  or the date by which a fine must be paid.
  498         (e) If a violation found by the committee and the proposed
  499  fine or suspension levied by the board is approved by the
  500  committee by a majority vote, the committee must set a date by
  501  which the fine must be paid, which date must be at least 30 days
  502  after delivery of the written notice required in paragraph (d).
  503         (f)Upon receipt of a payment for any outstanding fines
  504  from a parcel owner or any occupant, licensee, or invitee of the
  505  parcel owner, the board must apply the payment first to the fine
  506  before satisfying any other amounts due to the association.
  507  Attorney fees and costs may not continue to accrue after a
  508  parcel owner or any occupant, licensee, or invitee of the parcel
  509  owner pays the fine payment is due 5 days after notice of the
  510  approved fine required under paragraph (d) is provided to the
  511  parcel owner and, if applicable, to any occupant, licensee, or
  512  invitee of the parcel owner. The association must provide
  513  written notice of such fine or suspension by mail or hand
  514  delivery to the parcel owner and, if applicable, to any
  515  occupant, licensee, or invitee of the parcel owner.
  516         (7)If an association allows a fine to be levied for an
  517  infraction relating to lawn, landscaping, or grass maintenance,
  518  such fine may not become a lien on a parcel. A fine for a
  519  traffic infraction may not become a lien on the parcel.
  520         (8)Notwithstanding any provision to the contrary in an
  521  association’s governing documents, an association may not levy a
  522  fine or impose a suspension for any of the following:
  523         (a)Leaving garbage receptacles at the curb or end of the
  524  driveway within 24 hours before or after the designated garbage
  525  collection day or time.
  526         (b)Leaving holiday decorations or lights on a structure or
  527  other improvement on a parcel longer than indicated in the
  528  governing documents, unless such decorations or lights are left
  529  up for longer than 1 week after the association provides written
  530  notice of the violation to the parcel owner.
  531         (9)An association may not retroactively apply a new rule
  532  or covenant against a parcel owner, except against a parcel
  533  owner who consented to the new covenant or rule and a parcel
  534  owner who acquires title to a parcel after the effective date of
  535  the new covenant or rule.
  536         Section 6. Section 720.3065, Florida Statutes, is amended
  537  to read:
  538         720.3065 Fraudulent voting activities relating to
  539  association elections; penalties.—
  540         (1) A person who engages in Each of the following acts of
  541  is a fraudulent voting activity relating to association
  542  elections commits and constitutes a misdemeanor of the first
  543  degree, punishable as provided in s. 775.082 or s. 775.083:
  544         (a)(1) Willfully and falsely swearing to or affirming an
  545  oath or affirmation, or willfully procuring another person to
  546  falsely swear to or affirm an oath or affirmation, in connection
  547  with or arising out of voting activities.
  548         (b)(2) Perpetrating or attempting to perpetrate, or aiding
  549  in the perpetration of, fraud in connection with a vote cast, to
  550  be cast, or attempted to be cast.
  551         (c)(3) Preventing a member from voting or preventing a
  552  member from voting as he or she intended by fraudulently
  553  changing or attempting to change a ballot, ballot envelope,
  554  vote, or voting certificate of the member.
  555         (d)(4) Menacing, threatening, or using bribery or any other
  556  corruption to attempt, directly or indirectly, to influence,
  557  deceive, or deter a member when the member is voting.
  558         (e)(5) Giving or promising, directly or indirectly,
  559  anything of value to another member with the intent to buy the
  560  vote of that member or another member or to corruptly influence
  561  that member or another member in casting his or her vote. This
  562  paragraph subsection does not apply to any food served which is
  563  to be consumed at an election rally or a meeting or to any item
  564  of nominal value which is used as an election advertisement,
  565  including a campaign message designed to be worn by a member.
  566         (f)(6) Using or threatening to use, directly or indirectly,
  567  force, violence, or intimidation or any tactic of coercion or
  568  intimidation to induce or compel a member to vote or refrain
  569  from voting in an election or on a particular ballot measure.
  570         (2)Each of the following acts constitutes a misdemeanor of
  571  the first degree, punishable as provided in s. 775.082 or s.
  572  775.083:
  573         (a) Knowingly aiding, abetting, or advising a person in the
  574  commission of a fraudulent voting activity related to
  575  association elections.
  576         (b) Agreeing, conspiring, combining, or confederating with
  577  at least one other person to commit a fraudulent voting activity
  578  related to association elections.
  579         (c) Having knowledge of a fraudulent voting activity
  580  related to association elections and giving any aid to the
  581  offender with intent that the offender avoid or escape
  582  detection, arrest, trial, or punishment.
  583  
  584  This subsection does not apply to a licensed attorney giving
  585  legal advice to a client.
  586         Section 7. Subsection (3) of section 720.3075, Florida
  587  Statutes, is amended, and paragraph (c) is added to subsection
  588  (4) of that section, to read:
  589         720.3075 Prohibited clauses in association documents.—
  590         (3) Homeowners’ association documents, including
  591  declarations of covenants, articles of incorporation, or bylaws,
  592  may not preclude:
  593         (a) The display of up to two portable, removable flags as
  594  described in s. 720.304(2)(a) by property owners. However, all
  595  flags must be displayed in a respectful manner consistent with
  596  the requirements for the United States flag under 36 U.S.C.
  597  chapter 10.
  598         (b)A property owner or a tenant, a guest, or an invitee of
  599  the property owner from parking his or her personal vehicle,
  600  including a pickup truck, in the property owner’s driveway, or
  601  in common parking lots. The homeowners’ association documents,
  602  including declarations of covenants, articles of incorporation,
  603  or bylaws, may not prohibit a property owner or a tenant, a
  604  guest, or an invitee of the property owner from parking his or
  605  her work vehicle, which is not a commercial motor vehicle as
  606  defined in s. 320.01(25), in the property owner’s driveway.
  607         (c)A property owner from inviting, hiring, or allowing
  608  entry to a contractor or worker on the owner’s parcel solely
  609  because the contractor or worker is not on a preferred vendor
  610  list of the association. Additionally, homeowners’ association
  611  documents may not preclude a property owner from inviting,
  612  hiring, or allowing entry to a contractor or worker on his or
  613  her parcel solely because the contractor or worker does not have
  614  a professional or an occupational license. The association may
  615  not require a contractor or worker to present or prove
  616  possession of a professional or an occupational license to be
  617  allowed entry onto a property owner’s parcel.
  618         (d)Operating a vehicle that is not a commercial motor
  619  vehicle as defined in s. 320.01(25) in conformance with state
  620  traffic laws, on public roads or rights-of-way or the property
  621  owner’s parcel.
  622         (e)A property owner from installing code-compliant
  623  hurricane protection or home hardening, such as hurricane
  624  shutters, impact glass, code-compliant windows or doors, or
  625  other similar protection that complies with or exceeds the
  626  applicable building code.
  627         (f)A property owner from installing a metal roof,
  628  artificial turf, a vegetable garden, or a clothesline, or other
  629  energy-efficient device.
  630         (4)
  631         (c)Homeowners’ association documents, including
  632  declarations of covenants, articles of incorporation, or bylaws,
  633  may not limit landscaping to grass-only or grass-majority lawns,
  634  or issue a mandatory watering schedule to property owners.
  635  However, the association’s documents may generally require that
  636  a property owner keep any lawn, landscaping, or grass on the
  637  property owner’s parcel well-maintained.
  638         Section 8. Section 720.318, Florida Statutes, is amended to
  639  read:
  640         720.318 Law enforcement vehicles.—An association may not
  641  prohibit a law enforcement officer, as defined in s. 943.10(1),
  642  who is a parcel owner, or who is a tenant, guest, or invitee of
  643  a parcel owner, from parking his or her assigned law enforcement
  644  vehicle in an area where the parcel owner, or the tenant, guest,
  645  or invitee of the parcel owner, otherwise has a right to park,
  646  including on public roads or rights-of-way.
  647         Section 9. This act shall take effect July 1, 2024.