| 1 | Representative Robaina offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 426 and 427, insert: |
| 5 | Section 3. Paragraph (d) of subsection (1) of section |
| 6 | 718.115, Florida Statutes, is amended to read: |
| 7 | 718.115 Common expenses and common surplus.-- |
| 8 | (1) |
| 9 | (d) If so provided in the declaration, the cost of |
| 10 | communications services as defined in chapter 202, information |
| 11 | services, or Internet services a master antenna television |
| 12 | system or duly franchised cable television service obtained |
| 13 | pursuant to a bulk contract shall be deemed a common expense. If |
| 14 | the declaration does not provide for the cost of communications |
| 15 | services as defined in chapter 202, information services, or |
| 16 | Internet services a master antenna television system or duly |
| 17 | franchised cable television service obtained under a bulk |
| 18 | contract as a common expense, the board may enter into such a |
| 19 | contract, and the cost of the service will be a common expense |
| 20 | but allocated on a per-unit basis rather than a percentage basis |
| 21 | if the declaration provides for other than an equal sharing of |
| 22 | common expenses, and any contract entered into before July 1, |
| 23 | 1998, in which the cost of the service is not equally divided |
| 24 | among all unit owners, may be changed by vote of a majority of |
| 25 | the voting interests present at a regular or special meeting of |
| 26 | the association, to allocate the cost equally among all units. |
| 27 | The contract shall be for a term of not less than 2 years. |
| 28 | 1. Any contract made by the board after the effective date |
| 29 | hereof for communications services as defined in chapter 202, |
| 30 | information services, or Internet services a community antenna |
| 31 | system or duly franchised cable television service may be |
| 32 | canceled by a majority of the voting interests present at the |
| 33 | next regular or special meeting of the association. Any member |
| 34 | may make a motion to cancel the said contract, but if no motion |
| 35 | is made or if such motion fails to obtain the required majority |
| 36 | at the next regular or special meeting, whichever occurs is |
| 37 | sooner, following the making of the contract, then such contract |
| 38 | shall be deemed ratified for the term therein expressed. |
| 39 | 2. Any such contract shall provide, and shall be deemed to |
| 40 | provide if not expressly set forth, that any hearing-impaired or |
| 41 | legally blind unit owner who does not occupy the unit with a |
| 42 | non-hearing-impaired or sighted person, or any unit owner |
| 43 | receiving supplemental security income under Title XVI of the |
| 44 | Social Security Act or food stamps as administered by the |
| 45 | Department of Children and Family Services pursuant to s. |
| 46 | 414.31, may discontinue the cable or video service without |
| 47 | incurring disconnect fees, penalties, or subsequent service |
| 48 | charges, and, as to such units, the owners shall not be required |
| 49 | to pay any common expenses charge related to such service. If |
| 50 | fewer less than all members of an association share the expenses |
| 51 | of cable or video service television, the expense shall be |
| 52 | shared equally by all participating unit owners. The association |
| 53 | may use the provisions of s. 718.116 to enforce payment of the |
| 54 | shares of such costs by the unit owners receiving cable or video |
| 55 | service television. |
| 56 |
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| 57 | ----------------------------------------------------- |
| 58 | T I T L E A M E N D M E N T |
| 59 | Between lines 19 and 20, insert: |
| 60 | amending s. 718.115, F.S.; requiring that certain services |
| 61 | obtained pursuant to a bulk contract as provided in the |
| 62 | declaration be deemed a common expense; requiring that such |
| 63 | contracts contain certain provisions; authorizing the |
| 64 | cancellation of certain contracts; |