Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 798
Ì707774HÎ707774
LEGISLATIVE ACTION
Senate . House
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Floor: 3/AD/2R .
04/28/2014 06:14 PM .
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Senator Ring moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1087 - 1210
4 and insert:
5 Section 16. Paragraph (a) of subsection (2) and paragraph
6 (c) of subsection (5) of section 720.303, Florida Statutes, are
7 amended to read:
8 720.303 Association powers and duties; meetings of board;
9 official records; budgets; financial reporting; association
10 funds; recalls.—
11 (2) BOARD MEETINGS.—
12 (a) A meeting of the board of directors of an association
13 occurs whenever a quorum of the board gathers to conduct
14 association business. All Meetings of the board must be open to
15 all members, except for meetings between the board and its
16 attorney with respect to proposed or pending litigation where
17 the contents of the discussion would otherwise be governed by
18 the attorney-client privilege. A meeting of the board must be
19 held at a location that is accessible to a physically
20 handicapped person if requested by a physically handicapped
21 person who has a right to attend the meeting. The provisions of
22 this subsection shall also apply to the meetings of any
23 committee or other similar body when a final decision will be
24 made regarding the expenditure of association funds and to
25 meetings of any body vested with the power to approve or
26 disapprove architectural decisions with respect to a specific
27 parcel of residential property owned by a member of the
28 community.
29 (5) INSPECTION AND COPYING OF RECORDS.—The official records
30 shall be maintained within the state for at least 7 years and
31 shall be made available to a parcel owner for inspection or
32 photocopying within 45 miles of the community or within the
33 county in which the association is located within 10 business
34 days after receipt by the board or its designee of a written
35 request. This subsection may be complied with by having a copy
36 of the official records available for inspection or copying in
37 the community or, at the option of the association, by making
38 the records available to a parcel owner electronically via the
39 Internet or by allowing the records to be viewed in electronic
40 format on a computer screen and printed upon request. If the
41 association has a photocopy machine available where the records
42 are maintained, it must provide parcel owners with copies on
43 request during the inspection if the entire request is limited
44 to no more than 25 pages. An association shall allow a member or
45 his or her authorized representative to use a portable device,
46 including a smartphone, tablet, portable scanner, or any other
47 technology capable of scanning or taking photographs, to make an
48 electronic copy of the official records in lieu of the
49 association’s providing the member or his or her authorized
50 representative with a copy of such records. The association may
51 not charge a fee to a member or his or her authorized
52 representative for the use of a portable device.
53 (c) The association may adopt reasonable written rules
54 governing the frequency, time, location, notice, records to be
55 inspected, and manner of inspections, but may not require a
56 parcel owner to demonstrate any proper purpose for the
57 inspection, state any reason for the inspection, or limit a
58 parcel owner’s right to inspect records to less than one 8-hour
59 business day per month. The association may impose fees to cover
60 the costs of providing copies of the official records, including
61 the costs of copying and the costs required for personnel to
62 retrieve and copy the records if the time spent retrieving and
63 copying the records exceeds one-half hour and if the personnel
64 costs do not exceed $20 per hour. Personnel costs may not be
65 charged for records requests that result in the copying of 25 or
66 fewer pages. The association may charge up to 25 cents per page
67 for copies made on the association’s photocopier. If the
68 association does not have a photocopy machine available where
69 the records are kept, or if the records requested to be copied
70 exceed 25 pages in length, the association may have copies made
71 by an outside duplicating service and may charge the actual cost
72 of copying, as supported by the vendor invoice. The association
73 shall maintain an adequate number of copies of the recorded
74 governing documents, to ensure their availability to members and
75 prospective members. Notwithstanding this paragraph, the
76 following records are not accessible to members or parcel
77 owners:
78 1. Any record protected by the lawyer-client privilege as
79 described in s. 90.502 and any record protected by the work
80 product privilege, including, but not limited to, a record
81 prepared by an association attorney or prepared at the
82 attorney’s express direction which reflects a mental impression,
83 conclusion, litigation strategy, or legal theory of the attorney
84 or the association and which was prepared exclusively for civil
85 or criminal litigation or for adversarial administrative
86 proceedings or which was prepared in anticipation of such
87 litigation or proceedings until the conclusion of the litigation
88 or proceedings.
89 2. Information obtained by an association in connection
90 with the approval of the lease, sale, or other transfer of a
91 parcel.
92 3. Personnel records of association or management company
93 employees, including, but not limited to, disciplinary, payroll,
94 health, and insurance records. For purposes of this
95 subparagraph, the term “personnel records” does not include
96 written employment agreements with an association or management
97 company employee or budgetary or financial records that indicate
98 the compensation paid to an association or management company
99 employee.
100 4. Medical records of parcel owners or community residents.
101 5. Social security numbers, driver license numbers, credit
102 card numbers, electronic mailing addresses, telephone numbers,
103 facsimile numbers, emergency contact information, any addresses
104 for a parcel owner other than as provided for association notice
105 requirements, and other personal identifying information of any
106 person, excluding the person’s name, parcel designation, mailing
107 address, and property address. Notwithstanding the restrictions
108 in this subparagraph, an association may print and distribute to
109 parcel owners a directory containing the name, parcel address,
110 and all telephone numbers number of each parcel owner. However,
111 an owner may exclude his or her telephone numbers number from
112 the directory by so requesting in writing to the association. An
113 owner may consent in writing to the disclosure of other contact
114 information described in this subparagraph. The association is
115 not liable for the disclosure of information that is protected
116 under this subparagraph if the information is included in an
117 official record of the association and is voluntarily provided
118 by an owner and not requested by the association.
119 6. Any electronic security measure that is used by the
120 association to safeguard data, including passwords.
121 7. The software and operating system used by the
122 association which allows the manipulation of data, even if the
123 owner owns a copy of the same software used by the association.
124 The data is part of the official records of the association.
125 Section 17. Paragraphs (a) and (b) of subsection (1) of
126 section 720.306, Florida Statutes, are amended to read:
127 720.306 Meetings of members; voting and election
128 procedures; amendments.—
129 (1) QUORUM; AMENDMENTS.—
130 (a) Unless a lower number is provided in the bylaws, the
131 percentage of voting interests required to constitute a quorum
132 at a meeting of the members shall be 30 percent of the total
133 voting interests. Unless otherwise provided in this chapter or
134 in the articles of incorporation or bylaws, decisions that
135 require a vote of the members must be made by the concurrence of
136 at least a majority of the voting interests present, in person
137 or by proxy, at a meeting at which a quorum has been attained. A
138 meeting of the members must be held at a location that is
139 accessible to a physically handicapped person if requested by a
140 physically handicapped person who has a right to attend the
141 meeting.
142 (b) Unless otherwise provided in the governing documents or
143 required by law, and other than those matters set forth in
144 paragraph (c), any governing document of an association may be
145 amended by the affirmative vote of two-thirds of the voting
146 interests of the association. Within 30 days after recording an
147 amendment to the governing documents, the association shall
148 provide copies of the amendment to the members. However, if a
149 copy of the proposed amendment is provided to the members before
150 they vote on the amendment and the proposed amendment is not
151 changed before the vote, the association, in lieu of providing a
152 copy of the amendment, may provide notice to the members that
153 the amendment was adopted, identifying the official book and
154 page number or instrument number of the recorded amendment and
155 that a copy of the amendment is available at no charge to the
156 member upon written request to the association. The copies and
157 notice described in this paragraph may be provided
158 electronically to those owners who previously consented to
159 receive notice electronically.
160
161 ================= T I T L E A M E N D M E N T ================
162 And the title is amended as follows:
163 Delete lines 78 - 82
164 and insert:
165 amending s. 720.303, F.S.; requiring a board meeting
166 to be held at a location accessible to physically
167 handicapped persons upon request of certain authorized
168 persons; providing that an owner may consent in
169 writing to the disclosure of certain contact
170 information; amending s. 720.306, F.S.; requiring a
171 meeting of the members to be held at a location
172 accessible to physically handicapped persons upon
173 request of certain authorized persons; providing for
174 specified notice to members in lieu of copies of an
175 amendment; creating s. 720.316, F.S.;