House Bill 2439

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    Florida House of Representatives - 2000                HB 2439

        By the Committee on Governmental Operations and
    Representative Posey





  1                      A bill to be entitled

  2         An act implementing recommendations of the

  3         Constitutional Transition Task Force appointed

  4         by the Secretary of State with respect to

  5         governmental reorganization; amending s. 15.01,

  6         F.S.; striking a reference to performance by

  7         the Secretary of State of constitutional

  8         duties; amending s. 20.03, F.S.; redefining the

  9         term "Cabinet" as used in provisions relating

10         to the structure of the executive branch to

11         conform to changes made to the State

12         Constitution; amending s. 20.10, F.S.;

13         providing for the structure of the Department

14         of State and providing for the appointment,

15         term of office, and duties of the head of the

16         department; amending ss. 112.3144, 112.3145,

17         112.3148, and 112.3149, F.S.; transferring

18         certain functions relating to the disclosure of

19         financial interests and the reporting of gifts

20         and honoraria by public officers and employees

21         from the Department of State to the Commission

22         on Ethics; amending s. 257.36, F.S.; requiring

23         district officers and agencies to comply with

24         certain laws relating to the management of

25         records and revising provisions governing the

26         destruction or disposition of agency records;

27         amending s. 415.1065, F.S.; revising a cross

28         reference, to conform; amending s. 267.072,

29         F.S.; revising the Great Floridians program

30         administered by the Division of Historical

31         Resources of the Department of State; amending

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  1         s. 288.8175, F.S.; transferring from the

  2         Department of Education to the Department of

  3         State certain functions relating to linkage

  4         institutes between certain educational

  5         institutions and foreign countries; amending s.

  6         403.7145, F.S.; conforming provisions relating

  7         to the recycling programs for the Capitol to

  8         changes made in the structure of the executive

  9         branch by the State Constitution; renumbering

10         and amending ss. 617.301-617.312, F.S.,

11         relating to homeowners' associations, to remove

12         such provisions from ch. 617, F.S., relating to

13         corporations not for profit; amending ss.

14         617.0601, 617.0701, 617.0721, 617.0831, 712.01,

15         723.0751, 849.085, and 849.0931, F.S.;

16         conforming cross references; amending s.

17         849.094, F.S.; transferring from the Division

18         of Licensing of the Department of State to the

19         Department of Agriculture and Consumer Services

20         certain functions relating to the regulation of

21         game promotions; requiring the Secretary of

22         State to make a report to the Legislature on

23         recommended statutory changes; providing

24         effective dates.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Effective January 7, 2003, section 15.01,

29  Florida Statutes, is amended to read:

30         15.01  Residence, office, and duties.--The Secretary of

31  State shall reside at the seat of government and shall have

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  1  her or his office in the Capitol and perform the duties

  2  prescribed by the State Constitution. The Department of State

  3  shall have the custody of the constitution and Great Seal of

  4  this state, and of the original statutes thereof, and of the

  5  resolutions of the Legislature, and of all the official

  6  correspondence of the Governor.  The department shall keep in

  7  its office a register and an index of all official letters,

  8  orders, communications, messages, documents, and other

  9  official acts issued or received by the Governor or the

10  Secretary of State, and record these in a book numbered in

11  chronological order.  The Governor, before issuing any order

12  or transmission of any official letter, communication, or

13  document from the executive office or promulgation of any

14  official act or proceeding, except military orders, shall

15  deliver the same or a copy thereof to the Department of State

16  to be recorded.

17         Section 2.  Effective January 7, 2003, subsection (1)

18  of section 20.03, Florida Statutes, is amended to read:

19         20.03  Definitions.--To provide uniform nomenclature

20  throughout the structure of the executive branch, the

21  following definitions apply:

22         (1)  "Cabinet" means collectively the Secretary of

23  State, Attorney General, the Chief Financial Officer, and the

24  Comptroller, Treasurer, Commissioner of Agriculture, and

25  Commissioner of Education, as specified in s. 4, Art. IV of

26  the State Constitution.

27         Section 3.  Effective January 7, 2003, section 20.10,

28  Florida Statutes, is amended to read:

29         20.10  Department of State.--There is created a

30  Department of State.

31

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  1         (1)  The head of the Department of State is the

  2  Secretary of State. The Secretary of State shall be appointed

  3  by the Governor, subject to confirmation by the Senate, and

  4  shall serve at the pleasure of the Governor. The Secretary of

  5  State shall perform the functions conferred by the State

  6  Constitution upon the custodian of state records.

  7         (2)  The following divisions of the Department of State

  8  are established:

  9         (a)  Division of Elections.

10         (b)  Division of Historical Resources.

11         (c)  Division of Corporations.

12         (d)  Division of Library and Information Services.

13         (e)  Division of Licensing.

14         (f)  Division of Cultural Affairs.

15         (g)  Division of Administration.

16         Section 4.  Effective January 1, 2001, section

17  112.3144, Florida Statutes, is amended to read:

18         112.3144  Full and public disclosure of financial

19  interests.--

20         (1)  An officer who is required by s. 8, Art. II of the

21  State Constitution to file a full and public disclosure of his

22  or her financial interests for any calendar or fiscal year

23  shall file that disclosure with the Commission on Ethics.

24         (2)(1)  No person who is required, pursuant to s. 8,

25  Art. II of the State Constitution, to file a full and public

26  disclosure of financial interests and who has filed a full and

27  public disclosure of financial interests for any calendar or

28  fiscal year shall be required to file a statement of financial

29  interests pursuant to s. 112.3145(2) and (3) for the same year

30  or for any part thereof notwithstanding any requirement of

31  this part, except that a candidate for office shall file a

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  1  copy of his or her disclosure with the officer before whom he

  2  or she qualifies.

  3         (3)(2)  For purposes of full and public disclosure

  4  under s. 8(a), Art. II of the State Constitution, the

  5  following items, if not held for investment purposes and if

  6  valued at over $1,000 in the aggregate, may be reported in a

  7  lump sum and identified as "household goods and personal

  8  effects":

  9         (a)  Jewelry;

10         (b)  Collections of stamps, guns, and numismatic

11  properties;

12         (c)  Art objects;

13         (d)  Household equipment and furnishings;

14         (e)  Clothing;

15         (f)  Other household items; and

16         (g)  Vehicles for personal use.

17         (4)(a)(3)  Forms for compliance with the full and

18  public disclosure requirements of s. 8, Art. II of the State

19  Constitution, and a current list of persons required to file

20  full and public disclosure by s. 8, Art. II of the State

21  Constitution, or other state law, shall be created provided by

22  the Commission on Ethics. The commission to the Secretary of

23  State, who shall give notice of disclosure deadlines and

24  delinquencies and distribute forms in the following manner:

25         1.(a)  Not later than May 1 of each year, the

26  commission on Ethics shall prepare a current list of the names

27  and addresses of and the offices held by every person required

28  to file full and public disclosure annually by s. 8, Art. II

29  of the State Constitution, or other state law, and shall

30  provide the Secretary of State with the mailing list. In

31  compiling the list, the commission shall be assisted by each

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  1  unit of government in providing at the request of the

  2  commission the name, address, and name of the office held by

  3  each public official within the respective unit of government.

  4         2.(b)  Not later than 30 days before July 1 of each

  5  year, the commission Secretary of State shall mail a copy of

  6  the form prescribed for compliance with full and public

  7  disclosure and a notice of the filing deadline to each person

  8  on the mailing list.

  9         3.(c)  Not later than 30 days after July 1 of each

10  year, the commission Secretary of State shall determine which

11  persons on the mailing list have failed to file full and

12  public disclosure and shall send delinquency notices by

13  certified mail to such persons. Each notice shall state that a

14  grace period is in effect until September 1 of the current

15  year and that, if the statement is not filed by September 1 of

16  the current year, the Secretary of State is required by law to

17  notify the Commission on Ethics of the delinquency.

18         (d)  Not later than 30 days following September 1 of

19  each year, the Secretary of State shall certify to the

20  Commission on Ethics a list of the names and addresses of and

21  the offices held by all persons on the mailing list who have

22  failed to timely file full and public disclosure.  The

23  certification shall be on a form prescribed by the commission

24  and shall indicate whether the Secretary of State has provided

25  the disclosure forms and notice as required by this section to

26  all persons named on the delinquency list.

27         (b)(e)  Any person subject to the annual filing of full

28  and public disclosure under s. 8, Art. II of the State

29  Constitution, or other state law, whose name is not on the

30  commission's mailing list of persons required to file full and

31  public disclosure provided to the Secretary of State shall not

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  1  be deemed delinquent for failure to file full and public

  2  disclosure in any year in which the omission occurred.

  3         (c)(f)  The notification requirements of this

  4  subsection do not apply to candidates or to the first filing

  5  required of any person appointed to elective constitutional

  6  office.  The appointing official shall notify such newly

  7  appointed person of the obligation to file full and public

  8  disclosure by July 1.

  9         Section 5.  Effective January 1, 2001, paragraph (c) of

10  subsection (2) and subsections (4) and (6) of section

11  112.3145, Florida Statutes, are amended to read:

12         112.3145  Disclosure of financial interests and clients

13  represented before agencies.--

14         (2)

15         (c)  State officers, persons qualifying for a state

16  office, and specified state employees shall file their

17  statements of financial interests with the Commission on

18  Ethics Secretary of State. Local officers shall file their

19  statements of financial interests with the supervisor of

20  elections of the county in which they permanently reside.

21  Local officers who do not permanently reside in any county in

22  the state shall file their statements of financial interests

23  with the supervisor of elections of the county in which their

24  agency maintains its headquarters. Persons seeking to qualify

25  as candidates for local public office shall file their

26  statements of financial interests with the officer before whom

27  they qualify.

28         (4)  Each elected constitutional officer, state

29  officer, local officer, and specified state employee shall

30  file a quarterly report of the names of clients represented

31  for a fee or commission, except for appearances in ministerial

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  1  matters, before agencies at his or her level of government.

  2  For the purposes of this part, agencies of government shall be

  3  classified as state-level agencies or agencies below state

  4  level.  Each local officer shall file such report with the

  5  supervisor of elections of the county in which the officer is

  6  principally employed or is a resident.  Each state officer,

  7  elected constitutional officer, and specified state employee

  8  shall file such report with the Commission on Ethics Secretary

  9  of State.  The report shall be filed only when a reportable

10  representation is made during the calendar quarter and shall

11  be filed no later than 15 days after the last day of the

12  quarter.  Representation before any agency shall be deemed to

13  include representation by such officer or specified state

14  employee or by any partner or associate of the professional

15  firm of which he or she is a member and of which he or she has

16  actual knowledge.  For the purposes of this subsection, the

17  term "representation before any agency" does not include

18  appearances before any court or Chief Judges of Compensation

19  Claims or judges of compensation claims or representations on

20  behalf of one's agency in one's official capacity.  Such term

21  does not include the preparation and filing of forms and

22  applications merely for the purpose of obtaining or

23  transferring a license based on a quota or a franchise of such

24  agency or a license or operation permit to engage in a

25  profession, business, or occupation, so long as the issuance

26  or granting of such license, permit, or transfer does not

27  require substantial discretion, a variance, a special

28  consideration, or a certificate of public convenience and

29  necessity.

30         (6)(a)  Forms for compliance with the disclosure

31  requirements of this section and a current list of persons

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  1  subject to disclosure shall be created provided by the

  2  Commission on Ethics. The commission to the Secretary of State

  3  and to each supervisor of elections, who shall give notice of

  4  disclosure deadlines and delinquencies and distribute forms in

  5  the following manner:

  6         (a)1.  Not later than May 1 of each year, the

  7  commission on Ethics shall prepare a current list of the names

  8  and addresses of, and the offices or positions held by, every

  9  state officer, local officer, and specified employee. In

10  compiling the list, the commission shall be assisted by each

11  unit of government in providing, at the request of the

12  commission, the name, address, and name of agency of, and the

13  office or position held by, each state officer, local officer,

14  or specified state employee within the respective unit of

15  government.

16         2.  Not later than May 15 of each year, the commission

17  shall provide the Secretary of State with a current mailing

18  list of all state officers and specified employees and shall

19  provide each supervisor of elections with a current mailing

20  list of all local officers required to file with such

21  supervisor of elections.

22         3.(b)  Not later than 30 days before July 1 of each

23  year, the commission Secretary of State and each supervisor of

24  elections, as appropriate, shall mail a copy of the form

25  prescribed for compliance with subsection (3) and a notice of

26  all applicable disclosure forms and filing deadlines to each

27  person required to file a statement of financial interests.

28         4.(c)  Not later than 30 days after July 1 of each

29  year, the commission Secretary of State and each supervisor of

30  elections shall determine which persons required to file a

31  statement of financial interests in their respective offices

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  1  have failed to do so and shall send delinquency notices by

  2  certified mail to such persons.  Each notice shall state that

  3  a grace period is in effect until September 1 of the current

  4  year; that no investigative or disciplinary action based upon

  5  the delinquency will be taken by the agency head or commission

  6  on Ethics if the statement is filed by September 1 of the

  7  current year; that, if the statement is not filed by September

  8  1 of the current year, he or she is required by law to notify

  9  the commission on Ethics of the delinquency; and that, if upon

10  the filing of a sworn complaint the commission finds that the

11  person has failed to timely file the statement by September 1

12  of the current year, such person shall be subject to the

13  penalties provided in s. 112.317.

14         5.(d)  Not later than 30 days following September 1 of

15  each year, the Secretary of State and the supervisor of

16  elections in each county shall certify to the commission on

17  Ethics a list of the names and addresses of, and the offices

18  or positions held by, all persons who have failed to timely

19  file the required statements of financial interests.  The

20  certification shall be on a form prescribed by the commission

21  and shall indicate whether the respective certifying official

22  has provided the disclosure forms and notice as required by

23  this subsection to all persons named on the delinquency list.

24         (b)(e)  Any state officer, local officer, or specified

25  employee whose name is not on the mailing list of persons

26  required to file statements of financial interests provided to

27  the Secretary of State or supervisor of elections is not

28  subject to the penalties provided in s. 112.317 for failure to

29  timely file a statement of financial interests in any year in

30  which the omission occurred.

31

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  1         (c)(f)  The requirements of this subsection do not

  2  apply to candidates or to the first filing required of any

  3  state officer, specified employee, or local officer.

  4         Section 6.  Paragraph (d) of subsection (6) of section

  5  112.3148, Florida Statutes, is amended to read:

  6         112.3148  Reporting and prohibited receipt of gifts by

  7  individuals filing full or limited public disclosure of

  8  financial interests and by procurement employees.--

  9         (6)

10         (d)  No later than July 1 of each year, each reporting

11  individual or procurement employee shall file a statement

12  listing each gift having a value in excess of $100 received by

13  the reporting individual or procurement employee, either

14  directly or indirectly, from a governmental entity or a

15  direct-support organization specifically authorized by law to

16  support a governmental entity.  The statement shall list the

17  name of the person providing the gift, a description of the

18  gift, the date or dates on which the gift was given, and the

19  value of the total gifts given during the calendar year for

20  which the report is made.  The reporting individual or

21  procurement employee shall attach to such statement any report

22  received by him or her in accordance with paragraph (c), which

23  report shall become a public record when filed with the

24  statement of the reporting individual or procurement employee.

25  The reporting individual or procurement employee may explain

26  any differences between the report of the reporting individual

27  or procurement employee and the attached reports.  The annual

28  report filed by a reporting individual shall be filed with the

29  financial disclosure statement required by either s. 8, Art.

30  II of the State Constitution or s. 112.3145, as applicable to

31  the reporting individual.  The annual report filed by a

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  1  procurement employee shall be filed with the Commission on

  2  Ethics Department of State.

  3         Section 7.  Subsection (6) of section 112.3149, Florida

  4  Statutes, is amended to read:

  5         112.3149  Solicitation and disclosure of honoraria.--

  6         (6)  A reporting individual or procurement employee who

  7  receives payment or provision of expenses related to any

  8  honorarium event from a person who is prohibited by subsection

  9  (4) from paying an honorarium to a reporting individual or

10  procurement employee shall publicly disclose on an annual

11  statement the name, address, and affiliation of the person

12  paying or providing the expenses; the amount of the honorarium

13  expenses; the date of the honorarium event; a description of

14  the expenses paid or provided on each day of the honorarium

15  event; and the total value of the expenses provided to the

16  reporting individual or procurement employee in connection

17  with the honorarium event.  The annual statement of honorarium

18  expenses shall be filed by July 1 of each year for such

19  expenses received during the previous calendar year. The

20  reporting individual or procurement employee shall attach to

21  the annual statement a copy of each statement received by him

22  or her in accordance with subsection (5) regarding honorarium

23  expenses paid or provided during the calendar year for which

24  the annual statement is filed.  Such attached statement shall

25  become a public record upon the filing of the annual report.

26  The annual statement of a reporting individual shall be filed

27  with the financial disclosure statement required by either s.

28  8, Art. II of the State Constitution or s. 112.3145, as

29  applicable to the reporting individual. The annual statement

30  of a procurement employee shall be filed with the Commission

31  on Ethics Department of State.

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  1         Section 8.  Section 257.36, Florida Statutes, is

  2  amended to read:

  3         257.36  Records and information management.--

  4         (1)  There is created within the Division of Library

  5  and Information Services of the Department of State a records

  6  and information management program.  It is the duty and

  7  responsibility of the division to:

  8         (a)  Establish and administer a records management

  9  program directed to the application of efficient and

10  economical management methods relating to the creation,

11  utilization, maintenance, retention, preservation, and

12  disposal of records.

13         (b)  Establish and operate a records center or centers

14  primarily for the storage, processing, servicing, and security

15  of public records that must be retained for varying periods of

16  time but need not be retained in an agency's office equipment

17  or space.

18         (c)  Analyze, develop, establish, and coordinate

19  standards, procedures, and techniques of recordmaking and

20  recordkeeping.

21         (d)  Ensure the maintenance and security of records

22  which are deemed appropriate for preservation.

23         (e)  Establish safeguards against unauthorized or

24  unlawful removal or loss of records.

25         (f)  Initiate appropriate action to recover records

26  removed unlawfully or without authorization.

27         (g)  Institute and maintain a training and information

28  program in:

29         1.  All phases of records and information management to

30  bring approved and current practices, methods, procedures, and

31

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  1  devices for the efficient and economical management of records

  2  to the attention of all agencies.

  3         2.  The requirements relating to access to public

  4  records under chapter 119.

  5         (h)  Provide a centralized program of microfilming for

  6  the benefit of all agencies.

  7         (i)  Make continuous surveys of recordkeeping

  8  operations.

  9         (j)  Recommend improvements in current records

10  management practices, including the use of space, equipment,

11  supplies, and personnel in creating, maintaining, and

12  servicing records.

13         (k)  Establish and maintain a program in cooperation

14  with each agency for the selection and preservation of records

15  considered essential to the operation of government and to the

16  protection of the rights and privileges of citizens.

17         (l)  Make, or have made, preservation duplicates, or

18  designate existing copies as preservation duplicates, to be

19  preserved in the place and manner of safekeeping as prescribed

20  by the division.

21         (2)(a)  All records transferred to the division may be

22  held by it in a records center or centers, to be designated by

23  it, for such time as in its judgment retention therein is

24  deemed necessary. At such time as it is established by the

25  division, such records as are determined by it as having

26  historical or other value warranting continued preservation

27  shall be transferred to the Florida State Archives.

28         (b)  Title to any record detained in any records center

29  shall remain in the agency transferring such record to the

30  division.

31

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  1         (c)  When a record held in a records center is eligible

  2  for destruction, the division shall notify, in writing, by

  3  certified mail, the agency which transferred the record.  The

  4  agency shall have 90 days from receipt of that notice to

  5  respond requesting continued retention or authorizing

  6  destruction or disposal of the record.  If the agency does not

  7  respond within that time, title to the record shall pass to

  8  the division.

  9         (3)  The division may charge fees for supplies and

10  services, including, but not limited to, shipping containers,

11  pickup, delivery, reference, and storage.  Fees shall be based

12  upon the actual cost of the supplies and services and shall be

13  deposited in the Records Management Trust Fund.

14         (4)  Any preservation duplicate of any record made

15  pursuant to this chapter shall have the same force and effect

16  for all purposes as the original record.  A transcript,

17  exemplification, or certified copy of such preservation

18  duplicate shall be deemed, for all purposes, to be a

19  transcript, exemplification, or certified copy of the original

20  record.

21         (5)  For the purposes of this section, the term

22  "agency" shall mean any state, county, district, or municipal

23  officer, department, division, bureau, board, commission, or

24  other separate unit of government created or established by

25  law.  It is the duty of each agency to:

26         (a)  Cooperate with the division in complying with the

27  provisions of this chapter and designate a records management

28  liaison officer.

29         (b)  Establish and maintain an active and continuing

30  program for the economical and efficient management of

31  records.

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  1         (6)  Each agency shall submit to the division in

  2  accordance with the rules of the division a list or schedule

  3  of records in its custody that are not needed in the

  4  transaction of current business and that do not have

  5  sufficient administrative, legal, or fiscal significance to

  6  warrant further retention by the agency.  Such records shall,

  7  in the discretion of the division, be transferred to it for

  8  further retention and preservation, as herein provided, or may

  9  be destroyed upon its approval.

10         (6)(7)  A public record may be destroyed or otherwise

11  disposed of only in accordance with retention schedules

12  established by the division. No record shall be destroyed or

13  disposed of by any agency unless approval of the division is

14  first obtained. The division shall adopt reasonable rules not

15  inconsistent with this chapter which shall be binding on all

16  agencies relating to the destruction and disposition disposal

17  of records.  Such rules shall provide, but not be limited to:

18         (a)  Procedures for complying and submitting to the

19  division records-retention lists and schedules of records

20  proposed for disposal.

21         (b)  Procedures for the physical destruction or other

22  disposal of records.

23         (c)  Standards for the reproduction of records for

24  security or with a view to the disposal of the original

25  record.

26         Section 9.  Subsection (8) of section 415.1065, Florida

27  Statutes, is amended to read:

28         415.1065  Records management.--All records must be

29  maintained in their entirety for their full retention period,

30  except as otherwise provided in this section:

31

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  1         (8)  MANNER OF STORAGE AND DISPOSAL.--All reports,

  2  regardless of classification, shall be stored and disposed of

  3  in a manner deemed appropriate to the department and in

  4  accordance with ss. 119.041 and 257.36(7).

  5         Section 10.  Paragraph (d) of subsection (1) of section

  6  267.072, Florida Statutes, is amended to read:

  7         267.072  Museum of Florida history programs.--

  8         (1)  The division shall:

  9         (d)  Establish and administer a program, to be entitled

10  the Great Floridians program, which shall be designed to

11  recognize and record the achievements of Floridians, living

12  and deceased, who have made major contributions to the

13  progress and welfare of this state.

14         1.  The division shall nominate present or former

15  citizens of this state, living or deceased, who during their

16  lives have made major contributions to the progress of the

17  nation or this state and its citizens. Nominations shall be

18  submitted to the Secretary of State who shall select from

19  those nominated not less than two persons each year who shall

20  be honored with the designation "Great Floridian," provided no

21  person whose contributions have been through elected or

22  appointed public service shall be selected while holding any

23  such office.

24         2.  To enhance public participation and involvement in

25  the identification of any person worthy of being nominated as

26  a Great Floridian, the division shall seek advice and

27  assistance from persons qualified through the demonstration of

28  special interest, experience, or education in the

29  dissemination of knowledge about the state's history.

30         a.  In formulating its nominations, the division shall

31  also seek the assistance of the Museum of Florida History

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  1  Foundation Associates, Inc., or its successor, acting in the

  2  capacity as a citizen support organization of the division,

  3  pursuant to s. 267.17 and approved to act on behalf of the

  4  Museum of Florida History.

  5         b.  Annually, the division shall convene an ad hoc

  6  committee composed of representatives of the Governor, each

  7  member of the Florida Cabinet, the President of the Senate,

  8  the Speaker of the House of Representatives, and the Museum of

  9  Florida History Foundation Associates, Inc. This committee

10  shall meet at least twice.  The committee shall nominate

11  living citizens of this state who during their lives have made

12  major contributions to the progress of the nation or this

13  state and its citizens and shall from those nominated select

14  each year not fewer less than two persons whose names shall be

15  submitted to the Secretary of State with the recommendation

16  that they be honored with the designation "Great Floridian."

17         3.  Upon designation of a person as a Great Floridian

18  by the Secretary of State, the division shall undertake

19  appropriate activities intended to achieve wide public

20  knowledge of the person designated.

21         a.  The division may seek to initiate production of a

22  film or videotape depicting the life and contributions of the

23  designee to this state and to the nation.  If technology

24  surpasses the use of film or videotape, another medium of

25  equal quality may be used.

26         (I)  In the production of such films, the division

27  shall seek cooperation from local volunteers throughout the

28  state and, in particular, shall seek fundraising and other

29  assistance of the citizen support organization created

30  pursuant to s. 267.17 to support the programs of the Museum of

31  Florida History.

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  1         (II)  In the case of persons nominated as Great

  2  Floridians as a result of the committee convened pursuant to

  3  sub-subparagraph 2.b., the division shall immediately begin

  4  taking the steps necessary to produce a film depicting the

  5  contributions of such persons to this state and to the nation;

  6  however, the requirement to produce such a film shall be

  7  contingent upon appropriation of sufficient funds by the

  8  Legislature.

  9         (II)(III)  The Museum of Florida History shall be the

10  repository of the original negative, the original master tape,

11  and all cuttings, of any film or videotape produced under the

12  authority of this paragraph.  The division also may exercise

13  the right of trademark over the terms "Great Floridian" or

14  "Great Floridians" pursuant to s. 286.031.

15         (III)(IV)  The division shall arrange for the

16  distribution of copies of all films to the general public,

17  public television stations, educational institutions, and

18  others and may establish a reasonable charge to recover costs

19  associated with production and to provide a source of revenue

20  to assist with reproduction, marketing, and distribution of

21  Great Floridians films. Proceeds from such charges shall be

22  deposited into the Historical Resources Operating Trust Fund.

23         b.  Deceased persons designated as Great Floridians

24  typically shall be recognized by markers affixed to properties

25  significantly associated with the major contributions of the

26  designee.  Such markers shall be erected pursuant to the

27  provisions of s. 267.061(3)(n).

28         Section 11.  Section 288.8175, Florida Statutes, is

29  amended to read:

30         288.8175  Linkage institutes between postsecondary

31  institutions in this state and foreign countries.--

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  1         (1)  As used in this section, the term "department"

  2  means the Department of State.

  3         (2)(1)  There are created, within the Department of

  4  Education, Florida linkage institutes.  A primary purpose of

  5  these institutes is to assist in the development of stronger

  6  economic, cultural, educational, and social ties between this

  7  state and strategic foreign countries through the promotion of

  8  expanded public and private dialogue on cooperative research

  9  and technical assistance activities, increased bilateral

10  commerce, student and faculty exchange, cultural exchange, and

11  the enhancement of language training skills between the

12  postsecondary institutions in this state and those of selected

13  foreign countries.  Each institute must ensure that minority

14  students are afforded an equal opportunity to participate in

15  the exchange programs.

16         (3)(2)  Each institute must be governed by an

17  agreement, approved by the department of Education, between

18  the State University System and the Florida Community College

19  System with the counterpart organization of higher education

20  in a the foreign country.  Each institute must report to the

21  department regarding its program activities, expenditures, and

22  policies.

23         (4)(3)  Each institute must be co-administered in this

24  state by a university-community college partnership, as

25  designated in subsection (5) (4), and must have a private

26  sector and public sector advisory committee.  The advisory

27  committee must be representative of the international

28  education and commercial interests of the state and may have

29  members who are native to the foreign country partner.  Six

30  members must be appointed by the department of Education. The

31  department must appoint at least one member who is an

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  1  international educator.  The presidents, or their designees,

  2  of the participating university and community college must

  3  also serve on the advisory committee.

  4         (5)(4)  The institutes are:

  5         (a)  Florida-Brazil Institute (University of Florida

  6  and Miami-Dade Community College).

  7         (b)  Florida-Costa Rica Institute (Florida State

  8  University and Valencia Community College).

  9         (c)  Florida Caribbean Institute (Florida International

10  University and Daytona Beach Community College).

11         (d)  Florida-Canada Institute (University of Central

12  Florida and Palm Beach Junior College).

13         (e)  Florida-China Institute (University of West

14  Florida, University of South Florida, and Brevard Community

15  College).

16         (f)  Florida-Japan Institute (University of South

17  Florida, University of West Florida, and St. Petersburg

18  Community College).

19         (g)  Florida-France Institute (New College of the

20  University of South Florida, Miami-Dade Community College, and

21  Florida State University).

22         (h)  Florida-Israel Institute (Florida Atlantic

23  University and Broward Community College).

24         (i)  Florida-West Africa Institute (Florida

25  Agricultural and Mechanical University, University of North

26  Florida, and Florida Community College at Jacksonville).

27         (j)  Florida-Eastern Europe Institute (University of

28  Central Florida and Lake Sumter Community College).

29         (k)  Florida-Mexico Institute (Florida International

30  University and Polk Community College).

31

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  1         (6)(5)  Each institute is allowed to exempt from s.

  2  240.1201 up to 25 full-time equivalent students per year from

  3  the respective host countries to study in any of the state

  4  universities or community colleges in this state as resident

  5  students for tuition purposes.  The institute directors shall

  6  develop criteria, to be approved by the Department of

  7  Education, for the selection of these students.  Students must

  8  return home within 3 years after their tenure of graduate or

  9  undergraduate study for a length of time equal to their

10  exemption period.

11         (7)(6)  Each state university and community college

12  linkage institute partner may enter into an agreement for a

13  student exchange program, that requires that the tuition and

14  fees of a student who is enrolled in a state university or

15  community college and who is participating in an exchange

16  program be paid to the university or community college while

17  the student is participating in the exchange program.  The

18  agreement may also require that the tuition and fees of a

19  student who is enrolled in a postsecondary institution in a

20  foreign country and who is participating in an exchange

21  program be paid to the foreign institution of enrollment.

22         (8)(7)  No later than 60 days before every regular

23  session of the Legislature, the department of Education shall

24  present to the Speaker of the House of Representatives, the

25  President of the Senate, and the minority leaders of the House

26  of Representatives and the Senate a review of linkage

27  institute program activity, criteria for their operation,

28  accountability standards, recommended funding levels, and

29  recommendations for establishing, maintaining, or abolishing

30  linkage institutes.  The criteria shall be developed in

31  consultation with Enterprise Florida, Inc. The criteria must

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  1  include, but need not be limited to, the purpose stated in

  2  subsection (2) (1) and:

  3         (a)  The importance of economic, political, and social

  4  ties between this state and the country or region.

  5         (b)  The potential for growth and expansion of

  6  commercial, educational, and cultural links.

  7         (c)  The viability of regionally oriented, rather than

  8  country-specific, linkages, based on historical or emerging

  9  regional economic or political trading blocs.

10         (9)(8)  A linkage institute may not be created or

11  funded except upon the recommendation of the department of

12  Education and except by amendment to this section.

13         (10)(9)  The department of Education shall review and

14  make linkage-institute budget requests to the Governor and the

15  Legislature. State appropriations for institutes created under

16  this section must be made by a single lump-sum line item to

17  the department, which must apportion the funds among the

18  various institutes in accordance with criteria established by

19  the department.

20         (11)(10)  Linkage institutes may also accept and

21  administer moneys provided by the department of State for

22  research and development of international trade. The

23  department Secretary of State shall, by March 1, report to the

24  Governor, the President of the Senate, and the Speaker of the

25  House of Representatives in each year in which the department

26  of State has provided moneys for a linkage institute. The

27  report must detail the purpose of the expenditure by the

28  department of State and the use of the moneys by the linkage

29  institutes and must include a copy of the research documents

30  or related materials produced, if any.

31

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  1         Section 12.  Effective January 7, 2003, subsection (1)

  2  of section 403.7145, Florida Statutes, is amended to read:

  3         403.7145  Recycling.--

  4         (1)  The Capitol and the House and Senate office

  5  buildings constitute the Capitol recycling area.  The Florida

  6  House of Representatives, the Florida Senate, and the Office

  7  of the Governor, and the Secretary of State, and each Cabinet

  8  officer who heads a department that occupies office space in

  9  the Capitol, shall institute a recycling program for their

10  respective offices in the House and Senate office buildings

11  and the Capitol. Provisions shall be made to collect and sell

12  wastepaper and empty aluminum beverage cans generated by

13  employee activities in these offices.  The collection and sale

14  of such materials shall be coordinated with Department of

15  Management Services recycling activities to maximize the

16  efficiency and economy of this program. The Governor, the

17  Speaker of the House of Representatives, the President of the

18  Senate, the Secretary of State, and the Cabinet officers may

19  authorize the use of proceeds from recyclable material sales

20  for employee benefits and other purposes, in order to provide

21  incentives to their respective employees for participation in

22  the recycling program.  Such proceeds may also be used to

23  offset any costs of the recycling program.

24         Section 13.  Section 617.301, Florida Statutes, is

25  renumbered as section 720.301, Florida Statutes, and amended

26  to read:

27         720.301 617.301  Homeowners' associations;

28  definitions.--As used in ss. 720.301-720.312 617.301-617.312,

29  the term:

30         (1)  "Assessment" or "amenity fee" means a sum or sums

31  of money payable to the association, to the developer or other

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  1  owner of common areas, or to recreational facilities and other

  2  properties serving the parcels by the owners of one or more

  3  parcels as authorized in the governing documents, which if not

  4  paid by the owner of a parcel, can result in a lien against

  5  the parcel.

  6         (2)  "Common area" means all real property within a

  7  community which is owned or leased by an association or

  8  dedicated for use or maintenance by the association or its

  9  members, including, regardless of whether title has been

10  conveyed to the association:

11         (a)  Real property the use of which is dedicated to the

12  association or its members by a recorded plat; or

13         (b)  Real property committed by a declaration of

14  covenants to be leased or conveyed to the association.

15         (3)  "Community" means the real property that is or

16  will be subject to a declaration of covenants which is

17  recorded in the county where the property is located.  The

18  term "community" includes all real property, including

19  undeveloped phases, that is or was the subject of a

20  development-of-regional-impact development order, together

21  with any approved modification thereto.

22         (4)  "Declaration of covenants," or "declaration,"

23  means a recorded written instrument in the nature of covenants

24  running with the land which subjects the land comprising the

25  community to the jurisdiction and control of an association or

26  associations in which the owners of the parcels, or their

27  association representatives, must be members.

28         (5)  "Developer" means a person or entity that:

29         (a)  Creates the community served by the association;

30  or

31

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  1         (b)  Succeeds to the rights and liabilities of the

  2  person or entity that created the community served by the

  3  association, provided that such is evidenced in writing.

  4         (6)  "Governing documents" means:

  5         (a)  The recorded declaration of covenants for a

  6  community, and all duly adopted and recorded amendments,

  7  supplements, and recorded exhibits thereto; and

  8         (b)  The articles of incorporation and bylaws of the

  9  homeowners' association, and any duly adopted amendments

10  thereto.

11         (7)  "Homeowners' association" or "association" means a

12  Florida corporation responsible for the operation of a

13  community or a mobile home subdivision in which the voting

14  membership is made up of parcel owners or their agents, or a

15  combination thereof, and in which membership is a mandatory

16  condition of parcel ownership, and which is authorized to

17  impose assessments that, if unpaid, may become a lien on the

18  parcel.  The term "homeowners' association" does not include a

19  community development district or other similar special taxing

20  district created pursuant to statute.

21         (8)  "Member" means a member of an association, and may

22  include, but is not limited to, a parcel owner or an

23  association representing parcel owners or a combination

24  thereof.

25         (9)  "Parcel" means a platted or unplatted lot, tract,

26  unit, or other subdivision of real property within a

27  community, as described in the declaration:

28         (a)  Which is capable of separate conveyance; and

29         (b)  Of which the parcel owner, or an association in

30  which the parcel owner must be a member, is obligated:

31

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  1         1.  By the governing documents to be a member of an

  2  association that serves the community; and

  3         2.  To pay to the homeowners' association assessments

  4  that, if not paid, may result in a lien.

  5         (10)  "Parcel owner" means the record owner of legal

  6  title to a parcel.

  7         (11)  "Voting interest" means the voting rights

  8  distributed to the members of the homeowners' association,

  9  pursuant to the governing documents.

10         Section 14.  Section 617.302, Florida Statutes, is

11  renumbered as section 720.302, Florida Statutes, and amended

12  to read:

13         720.302 617.302  Homeowners' associations; purposes,

14  scope, and application.--

15         (1)  The purposes of ss. 720.301-720.312

16  617.301-617.312 are to give statutory recognition to

17  corporations that operate residential communities in this

18  state, to provide procedures for operating homeowners'

19  associations, and to protect the rights of association members

20  without unduly impairing the ability of such associations to

21  perform their functions.

22         (2)  The Legislature recognizes that it is not in the

23  best interest of homeowners' associations or the individual

24  association members thereof to create or impose a bureau or

25  other agency of state government to regulate the affairs of

26  homeowners' associations. Further, the Legislature recognizes

27  that certain contract rights have been created for the benefit

28  of homeowners' associations and members thereof before the

29  effective date of this act and that ss. 720.301-720.312

30  617.301-617.312 are not intended to impair such contract

31

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  1  rights, including, but not limited to, the rights of the

  2  developer to complete the community as initially contemplated.

  3         (3)  Sections 720.301-720.312 617.301-617.312 do not

  4  apply to:

  5         (a)  A community that is composed comprised of property

  6  primarily intended for commercial, industrial, or other

  7  nonresidential use; or

  8         (b)  The commercial or industrial parcels in a

  9  community that contains both residential parcels and parcels

10  intended for commercial or industrial use.

11         (4)  Sections 720.301-720.312 617.301-617.312 do not

12  apply to any association that is subject to regulation under

13  chapter 718, chapter 719, or chapter 721; or to any

14  nonmandatory association formed under chapter 723.

15         Section 15.  Section 617.303, Florida Statutes, is

16  renumbered as section 720.303, Florida Statutes, and amended

17  to read:

18         720.303 617.303  Association powers and duties;

19  meetings of board; official records; budgets; financial

20  reporting.--

21         (1)  POWERS AND DUTIES.--An association which operates

22  a community as defined in s. 720.301 617.301, must be operated

23  by an association that is a Florida corporation.  After

24  October 1, 1995, the association must be incorporated and the

25  initial governing documents must be recorded in the official

26  records of the county in which the community is located.  An

27  association may operate more than one community.  The officers

28  and directors of an association have a fiduciary relationship

29  to the members who are served by the association.  The powers

30  and duties of an association include those set forth in this

31  chapter and, except as expressly limited or restricted in this

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  1  chapter, those set forth in the governing documents.  A member

  2  does not have authority to act for the association by virtue

  3  of being a member.  An association may have more than one

  4  class of members and may issue membership certificates.

  5         (2)  BOARD MEETINGS.--A meeting of the board of

  6  directors of an association occurs whenever a quorum of the

  7  board gathers to conduct association business.  All meetings

  8  of the board must be open to all members except for meetings

  9  between the board and its attorney with respect to proposed or

10  pending litigation where the contents of the discussion would

11  otherwise be governed by the attorney-client privilege.

12  Notices of all board meetings must be posted in a conspicuous

13  place in the community at least 48 hours in advance of a

14  meeting, except in an emergency.  In the alternative, if

15  notice is not posted in a conspicuous place in the community,

16  notice of each board meeting must be mailed or delivered to

17  each member at least 7 days before the meeting, except in an

18  emergency. Notwithstanding this general notice requirement,

19  for communities with more than 100 members, the bylaws may

20  provide for a reasonable alternative to posting or mailing of

21  notice for each board meeting, including publication of notice

22  or provision of a schedule of board meetings.  An assessment

23  may not be levied at a board meeting unless the notice of the

24  meeting includes a statement that assessments will be

25  considered and the nature of the assessments. Directors may

26  not vote by proxy or by secret ballot at board meetings,

27  except that secret ballots may be used in the election of

28  officers.  This subsection also applies to the meetings of any

29  committee or other similar body, when a final decision will be

30  made regarding the expenditure of association funds, and to

31  any body vested with the power to approve or disapprove

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  1  architectural decisions with respect to a specific parcel of

  2  residential property owned by a member of the community.

  3         (3)  MINUTES.--Minutes of all meetings of the members

  4  of an association and of the board of directors of an

  5  association must be maintained in written form or in another

  6  form that can be converted into written form within a

  7  reasonable time.  A vote or abstention from voting on each

  8  matter voted upon for each director present at a board meeting

  9  must be recorded in the minutes.

10         (4)  OFFICIAL RECORDS.--The association shall maintain

11  each of the following items, when applicable, which constitute

12  the official records of the association:

13         (a)  Copies of any plans, specifications, permits, and

14  warranties related to improvements constructed on the common

15  areas or other property that the association is obligated to

16  maintain, repair, or replace.

17         (b)  A copy of the bylaws of the association and of

18  each amendment to the bylaws.

19         (c)  A copy of the articles of incorporation of the

20  association and of each amendment thereto.

21         (d)  A copy of the declaration of covenants and a copy

22  of each amendment thereto.

23         (e)  A copy of the current rules of the homeowners'

24  association.

25         (f)  The minutes of all meetings of the board of

26  directors and of the members, which minutes must be retained

27  for at least 7 years.

28         (g)  A current roster of all members and their mailing

29  addresses and parcel identifications.

30

31

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  1         (h)  All of the association's insurance policies or a

  2  copy thereof, which policies must be retained for at least 7

  3  years.

  4         (i)  A current copy of all contracts to which the

  5  association is a party, including, without limitation, any

  6  management agreement, lease, or other contract under which the

  7  association has any obligation or responsibility.  Bids

  8  received by the association for work to be performed must also

  9  be considered official records and must be kept for a period

10  of 1 year.

11         (j)  The financial and accounting records of the

12  association, kept according to good accounting practices.  All

13  financial and accounting records must be maintained for a

14  period of at least 7 years.  The financial and accounting

15  records must include:

16         1.  Accurate, itemized, and detailed records of all

17  receipts and expenditures.

18         2.  A current account and a periodic statement of the

19  account for each member, designating the name and current

20  address of each member who is obligated to pay assessments,

21  the due date and amount of each assessment or other charge

22  against the member, the date and amount of each payment on the

23  account, and the balance due.

24         3.  All tax returns, financial statements, and

25  financial reports of the association.

26         4.  Any other records that identify, measure, record,

27  or communicate financial information.

28         (5)  INSPECTION AND COPYING OF RECORDS.--The official

29  records shall be maintained within the state and must be open

30  to inspection and available for photocopying by members or

31  their authorized agents at reasonable times and places within

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  1  10 business days after receipt of a written request for

  2  access. This subsection may be complied with by having a copy

  3  of the official records available for inspection or copying in

  4  the community.

  5         (a)  The failure of an association to provide access to

  6  the records within 10 business days after receipt of a written

  7  request creates a rebuttable presumption that the association

  8  willfully failed to comply with this subsection.

  9         (b)  A member who is denied access to official records

10  is entitled to the actual damages or minimum damages for the

11  association's willful failure to comply with this subsection.

12  The minimum damages are to be $50 per calendar day up to 10

13  days, the calculation to begin on the 11th business day after

14  receipt of the written request.

15         (c)  The association may adopt reasonable written rules

16  governing the frequency, time, location, notice, and manner of

17  inspections, and may impose fees to cover the costs of

18  providing copies of the official records, including, without

19  limitation, the costs of copying.  The association shall

20  maintain an adequate number of copies of the recorded

21  governing documents, to ensure their availability to members

22  and prospective members, and may charge only its actual costs

23  for reproducing and furnishing these documents to those

24  persons who are entitled to receive them.

25         (6)  BUDGETS.--The association shall prepare an annual

26  budget. The budget must reflect the estimated revenues and

27  expenses for that year and the estimated surplus or deficit as

28  of the end of the current year.  The budget must set out

29  separately all fees or charges for recreational amenities,

30  whether owned by the association, the developer, or another

31  person.  The association shall provide each member with a copy

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  1  of the annual budget or a written notice that a copy of the

  2  budget is available upon request at no charge to the member.

  3  The copy must be provided to the member within the time limits

  4  set forth in subsection (5).

  5         (7)  FINANCIAL REPORTING.--The association shall

  6  prepare an annual financial report within 60 days after the

  7  close of the fiscal year. The association shall, within the

  8  time limits set forth in subsection (5), provide each member

  9  with a copy of the annual financial report or a written notice

10  that a copy of the financial report is available upon request

11  at no charge to the member.  The financial report must consist

12  of either:

13         (a)  Financial statements presented in conformity with

14  generally accepted accounting principles; or

15         (b)  A financial report of actual receipts and

16  expenditures, cash basis, which report must show:

17         1.  The amount of receipts and expenditures by

18  classification; and

19         2.  The beginning and ending cash balances of the

20  association.

21         (8)  ASSOCIATION FUNDS; COMMINGLING.--

22         (a)  All association funds held by a developer shall be

23  maintained separately in the association's name. Reserve and

24  operating funds of the association shall not be commingled

25  prior to turnover except the association may jointly invest

26  reserve funds; however, such jointly invested funds must be

27  accounted for separately.

28         (b)  No developer in control of a homeowners'

29  association shall commingle any association funds with his or

30  her funds or with the funds of any other homeowners'

31  association or community association.

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  1         (9)  APPLICABILITY.--Sections 617.1601-617.1604 do not

  2  apply to a homeowners' association in which the members have

  3  the inspection and copying rights set forth in this section.

  4         Section 16.  Section 617.306, Florida Statutes, is

  5  renumbered as section 720.306, Florida Statutes, and amended

  6  to read:

  7         720.306 617.306  Associations; meetings of members;

  8  voting and election procedures; amendments.--

  9         (1)  QUORUM; AMENDMENTS.--

10         (a)  Unless a lower number is provided in the bylaws,

11  the percentage of voting interests required to constitute a

12  quorum at a meeting of the members shall be 30 percent of the

13  total voting interests. Unless otherwise provided in this

14  chapter or in the articles of incorporation or bylaws,

15  decisions that require a vote of the members must be made by

16  the concurrence of at least a majority of the voting interests

17  present, in person or by proxy, at a meeting at which a quorum

18  has been attained.

19         (b)  Unless otherwise provided in the governing

20  documents or required by law, and other than those matters set

21  forth in paragraph (c), any governing document of an

22  association may be amended by the affirmative vote of

23  two-thirds of the voting interests of the association.

24         (c)  Unless otherwise provided in the governing

25  documents as originally recorded, an amendment may not affect

26  vested rights unless the record owner of the affected parcel

27  and all record owners of liens on the affected parcels join in

28  the execution of the amendment.

29         (2)  ANNUAL MEETING.--The association shall hold a

30  meeting of its members annually for the transaction of any and

31  all proper business at a time, date, and place stated in, or

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  1  fixed in accordance with, the bylaws.  The election of

  2  directors, if one is required to be held, must be held at, or

  3  in conjunction with, the annual meeting or as provided in the

  4  governing documents.

  5         (3)  SPECIAL MEETINGS.--Special meetings must be held

  6  when called by the board of directors or, unless a different

  7  percentage is stated in the governing documents, by at least

  8  10 percent of the total voting interests of the association.

  9  Business conducted at a special meeting is limited to the

10  purposes described in the notice of the meeting.

11         (4)  CONTENT OF NOTICE.--Unless law or the governing

12  documents require otherwise, notice of an annual meeting need

13  not include a description of the purpose or purposes for which

14  the meeting is called.  Notice of a special meeting must

15  include a description of the purpose or purposes for which the

16  meeting is called.

17         (5)  ADJOURNMENT.--Unless the bylaws require otherwise,

18  adjournment of an annual or special meeting to a different

19  date, time, or place must be announced at that meeting before

20  an adjournment is taken, or notice must be given of the new

21  date, time, or place pursuant to s. 720.303(2) 617.303(2).

22  Any business that might have been transacted on the original

23  date of the meeting may be transacted at the adjourned

24  meeting.  If a new record date for the adjourned meeting is or

25  must be fixed under s. 617.0707, notice of the adjourned

26  meeting must be given to persons who are entitled to vote and

27  are members as of the new record date but were not members as

28  of the previous record date.

29         (6)  PROXY VOTING.--The members have the right, unless

30  otherwise provided in this subsection or in the governing

31  documents, to vote in person or by proxy.  To be valid, a

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  1  proxy must be dated, must state the date, time, and place of

  2  the meeting for which it was given, and must be signed by the

  3  authorized person who executed the proxy.  A proxy is

  4  effective only for the specific meeting for which it was

  5  originally given, as the meeting may lawfully be adjourned and

  6  reconvened from time to time, and automatically expires 90

  7  days after the date of the meeting for which it was originally

  8  given.  A proxy is revocable at any time at the pleasure of

  9  the person who executes it.  If the proxy form expressly so

10  provides, any proxy holder may appoint, in writing, a

11  substitute to act in his or her place.

12         (7)  ELECTIONS.--Elections of directors must be

13  conducted in accordance with the procedures set forth in the

14  governing documents of the association.  All members of the

15  association shall be eligible to serve on the board of

16  directors, and a member may nominate himself or herself as a

17  candidate for the board at a meeting where the election is to

18  be held.  Except as otherwise provided in the governing

19  documents, boards of directors must be elected by a plurality

20  of the votes cast by eligible voters.

21         (8)  RECORDING.--Any parcel owner may tape record or

22  videotape meetings of the board of directors and meetings of

23  the members.  The board of directors of the association may

24  adopt reasonable rules governing the taping of meetings of the

25  board and the membership.

26         Section 17.  Section 617.307, Florida Statutes, is

27  renumbered as section 720.307, Florida Statutes, and amended

28  to read:

29         720.307 617.307  Transition of homeowners' association

30  control in a community.--With respect to homeowners'

31  associations as defined in s. 617.301:

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  1         (1)  Members other than the developer are entitled to

  2  elect at least a majority of the members of the board of

  3  directors of the homeowners' association when the earlier of

  4  the following events occurs:

  5         (a)  Three months after 90 percent of the parcels in

  6  all phases of the community that will ultimately be operated

  7  by the homeowners' association have been conveyed to members;

  8  or

  9         (b)  Such other percentage of the parcels has been

10  conveyed to members, or such other date or event has occurred,

11  as is set forth in the governing documents in order to comply

12  with the requirements of any governmentally chartered entity

13  with regard to the mortgage financing of parcels.

14

15  For purposes of this section, the term "members other than the

16  developer" shall not include builders, contractors, or others

17  who purchase a parcel for the purpose of constructing

18  improvements thereon for resale.

19         (2)  The developer is entitled to elect at least one

20  member of the board of directors of the homeowners'

21  association as long as the developer holds for sale in the

22  ordinary course of business at least 5 percent of the parcels

23  in all phases of the community. After the developer

24  relinquishes control of the homeowners' association, the

25  developer may exercise the right to vote any developer-owned

26  voting interests in the same manner as any other member,

27  except for purposes of reacquiring control of the homeowners'

28  association or selecting the majority of the members of the

29  board of directors.

30         (3)  At the time the members are entitled to elect at

31  least a majority of the board of directors of the homeowners'

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  1  association, the developer shall, at the developer's expense,

  2  within no more than 90 days deliver the following documents to

  3  the board:

  4         (a)  All deeds to common property owned by the

  5  association.

  6         (b)  The original of the association's declarations of

  7  covenants and restrictions.

  8         (c)  A certified copy of the articles of incorporation

  9  of the association.

10         (d)  A copy of the bylaws.

11         (e)  The minute books, including all minutes.

12         (f)  The books and records of the association.

13         (g)  Policies, rules, and regulations, if any, which

14  have been adopted.

15         (h)  Resignations of directors who are required to

16  resign because the developer is required to relinquish control

17  of the association.

18         (i)  The financial records of the association from the

19  date of incorporation through the date of turnover.

20         (j)  All association funds and control thereof.

21         (k)  All tangible property of the association.

22         (l)  A copy of all contracts which may be in force with

23  the association as one of the parties.

24         (m)  A list of the names and addresses and telephone

25  numbers of all contractors, subcontractors, or others in the

26  current employ of the association.

27         (n)  Any and all insurance policies in effect.

28         (o)  Any permits issued to the association by

29  governmental entities.

30         (p)  Any and all warranties in effect.

31

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  1         (q)  A roster of current homeowners and their addresses

  2  and telephone numbers and section and lot numbers.

  3         (r)  Employment and service contracts in effect.

  4         (s)  All other contracts in effect to which the

  5  association is a party.

  6         (4)  This section does not apply to a homeowners'

  7  association in existence on the effective date of this act, or

  8  to a homeowners' association, no matter when created, if such

  9  association is created in a community that is included in an

10  effective development-of-regional-impact development order as

11  of the effective date of this act, together with any approved

12  modifications thereof.

13         Section 18.  Section 617.3075, Florida Statutes, is

14  renumbered as section 720.3075, Florida Statutes, and amended

15  to read:

16         720.3075 617.3075  Prohibited clauses in homeowners'

17  association documents.--

18         (1)  It is hereby declared that the public policy of

19  this state prohibits the inclusion or enforcement of certain

20  types of clauses in homeowners' association documents,

21  including declaration of covenants, articles of incorporation,

22  bylaws, or any other document of the association which binds

23  members of the association, which either have the effect of or

24  provide that:

25         (a)  A developer has the unilateral ability and right

26  to make changes to the homeowners' association documents after

27  the transition of homeowners' association control in a

28  community from the developer to the nondeveloper members, as

29  set forth in s. 720.307 617.307, has occurred.

30         (b)  A homeowners' association is prohibited or

31  restricted from filing a lawsuit against the developer, or the

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  1  homeowners' association is otherwise effectively prohibited or

  2  restricted from bringing a lawsuit against the developer.

  3         (c)  After the transition of homeowners' association

  4  control in a community from the developer to the nondeveloper

  5  members, as set forth in s. 720.307 617.307, has occurred, a

  6  developer is entitled to cast votes in an amount that exceeds

  7  one vote per residential lot.

  8

  9  Such clauses are hereby declared null and void as against the

10  public policy of this state.

11         (2)  The public policy described in subsection (1)

12  prohibits the inclusion or enforcement of such clauses created

13  on or after the effective date of section 3 of chapter 98-261,

14  Laws of Florida this section.

15         Section 19.  Section 617.311, Florida Statutes, is

16  renumbered as section 720.311, Florida Statutes, and amended

17  to read:

18         720.311 617.311  Dispute resolution.--The Legislature

19  finds that alternative dispute resolution has made progress in

20  reducing court dockets and trials and in offering a more

21  efficient, cost-effective option to litigation.  At any time

22  after the filing in a court of competent jurisdiction of a

23  complaint relating to a dispute under ss. 720.301-720.312

24  617.301-617.312, the court may order that the parties enter

25  mediation or arbitration procedures.

26         Section 20.  Sections 617.304, 617.305, 617.308,

27  617.309, 617.31, and 617.312, Florida Statutes, are

28  transferred and renumbered as sections 720.304, 720.305,

29  720.308, 720.309, 720.31, and 720.312, Florida Statutes,

30  respectively.

31

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  1         Section 21.  Subsection (6) of section 617.0601,

  2  Florida Statutes, is amended to read:

  3         617.0601  Members, generally.--

  4         (6)  Subsections (1), (2), (3), and (4) do not apply to

  5  a corporation that is an association as defined in s. 720.301

  6  617.301.

  7         Section 22.  Subsection (6) of section 617.0701,

  8  Florida Statutes, is amended to read:

  9         617.0701  Meetings of members, generally; failure to

10  hold annual meeting; special meeting; consent to corporate

11  actions without meetings; waiver of notice of meetings.--

12         (6)  Subsections (1) and (3) do not apply to any

13  corporation that is an association as defined in s. 720.301

14  617.301.

15         Section 23.  Subsection (6) of section 617.0721,

16  Florida Statutes, is amended to read:

17         617.0721  Voting by members.--

18         (6)  Subsections (1), (2), (4), and (5) do not apply to

19  a corporation that is an association as defined in s. 720.301

20  617.301.

21         Section 24.  Section 617.0831, Florida Statutes, is

22  amended to read:

23         617.0831  Indemnification and liability of officers,

24  directors, employees, and agents.--Except as provided in s.

25  617.0834, ss. 607.0831 and 607.0850 apply to a corporation

26  organized under this act and a rural electric cooperative

27  organized under chapter 425. Any reference to "directors" in

28  those sections includes the directors, managers, or trustees

29  of a corporation organized under this act or of a rural

30  electric cooperative organized under chapter 425. However, the

31  term "director" as used in ss. 607.0831 and 607.0850 does not

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  1  include a director appointed by the developer to the board of

  2  directors of a condominium association under chapter 718, a

  3  cooperative association under chapter 719, a homeowners'

  4  association defined in s. 720.301 617.301, or a timeshare

  5  managing entity under chapter 721. Any reference to

  6  "shareholders" in those sections includes members of a

  7  corporation organized under this act and members of a rural

  8  electric cooperative organized under chapter 425.

  9         Section 25.  Subsection (4) of section 712.01, Florida

10  Statutes, is amended to read:

11         712.01  Definitions.--As used in this law:

12         (4)  The term "homeowners' association" means a

13  homeowners' association as defined in s. 720.301 617.301(7),

14  or an association of parcel owners which is authorized to

15  enforce use restrictions that are imposed on the parcels.

16         Section 26.  Subsection (1) of section 723.0751,

17  Florida Statutes, is amended to read:

18         723.0751  Mobile home subdivision homeowners'

19  association.--

20         (1)  In the event that no homeowners' association has

21  been created pursuant to ss. 720.301-720.312 617.301-617.312

22  to operate a mobile home subdivision, the owners of lots in

23  such mobile home subdivision shall be authorized to create a

24  mobile home subdivision homeowners' association in the manner

25  prescribed in ss. 723.075, 723.076, and 723.078 which shall

26  have the powers and duties, to the extent applicable, set

27  forth in ss. 723.002(2) and 723.074.

28         Section 27.  Subsection (5) of section 849.085, Florida

29  Statutes, is amended to read:

30         849.085  Certain penny-ante games not crimes;

31  restrictions.--

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  1         (5)  The conduct of any penny-ante game within the

  2  common elements or common area of a condominium, cooperative,

  3  residential subdivision, or mobile home park or the conduct of

  4  any penny-ante game within the dwelling of an eligible

  5  organization as defined in subsection (2) or within a publicly

  6  owned community center owned by a municipality or county

  7  creates no civil liability for damages arising from the

  8  penny-ante game on the part of a condominium association,

  9  cooperative association, a homeowners' association as defined

10  in s. 720.301 617.301, mobile home owner's association,

11  dwelling owner, or municipality or county or on the part of a

12  unit owner who was not a participant in the game.

13         Section 28.  Subsection (4) and paragraph (e) of

14  subsection (11) of section 849.0931, Florida Statutes, are

15  amended to read:

16         849.0931  Bingo authorized; conditions for conduct;

17  permitted uses of proceeds; limitations.--

18         (4)  The right of a condominium association, a

19  cooperative association, a homeowners' association as defined

20  in s. 702.301 617.301, a mobile home owners' association, a

21  group of residents of a mobile home park as defined in chapter

22  723, or a group of residents of a mobile home park or

23  recreational vehicle park as defined in chapter 513 to conduct

24  bingo is conditioned upon the return of the net proceeds from

25  such games to players in the form of prizes after having

26  deducted the actual business expenses for such games for

27  articles designed for and essential to the operation, conduct,

28  and playing of bingo. Any net proceeds remaining after paying

29  prizes may be donated by the association to a charitable,

30  nonprofit, or veterans' organization which is exempt from

31  federal income tax under the provisions of s. 501(c) of the

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  1  Internal Revenue Code to be used in such recipient

  2  organization's charitable, civic, community, benevolent,

  3  religious, or scholastic works or similar activities or, in

  4  the alternative, such remaining proceeds shall be used as

  5  specified in subsection (3).

  6         (11)  Bingo games may be held only on the following

  7  premises:

  8         (e)  With respect to bingo games conducted by a

  9  condominium association, a cooperative association, a

10  homeowners' association as defined in s. 720.301 617.301, a

11  mobile home owners' association, a group of residents of a

12  mobile home park as defined in chapter 723, or a group of

13  residents of a mobile home park or recreational vehicle park

14  as defined in chapter 513, property owned by the association,

15  property owned by the residents of the mobile home park or

16  recreational vehicle park, or property which is a common area

17  located within the condominium, mobile home park, or

18  recreational vehicle park.

19         Section 29.  Section 849.094, Florida Statutes, is

20  amended to read:

21         849.094  Game promotion in connection with sale of

22  consumer products or services.--

23         (1)  As used in this section, the term:

24         (a)  "Game promotion" means, but is not limited to, a

25  contest, game of chance, or gift enterprise, conducted within

26  or throughout the state and other states in connection with

27  the sale of consumer products or services, and in which the

28  elements of chance and prize are present. However, "game

29  promotion" shall not be construed to apply to bingo games

30  conducted pursuant to s. 849.0931.

31

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  1         (b)  "Operator" means any person, firm, corporation, or

  2  association or agent or employee thereof who promotes,

  3  operates, or conducts a game promotion, except any charitable

  4  nonprofit organization.

  5         (2)  It is unlawful for any operator:

  6         (a)  To design, engage in, promote, or conduct such a

  7  game promotion, in connection with the promotion or sale of

  8  consumer products or services, wherein the winner may be

  9  predetermined or the game may be manipulated or rigged so as

10  to:

11         1.  Allocate a winning game or any portion thereof to

12  certain lessees, agents, or franchises; or

13         2.  Allocate a winning game or part thereof to a

14  particular period of the game promotion or to a particular

15  geographic area;

16         (b)  Arbitrarily to remove, disqualify, disallow, or

17  reject any entry;

18         (c)  To fail to award prizes offered;

19         (d)  To print, publish, or circulate literature or

20  advertising material used in connection with such game

21  promotions which is false, deceptive, or misleading; or

22         (e)  To require an entry fee, payment, or proof of

23  purchase as a condition of entering a game promotion.

24         (3)  The operator of a game promotion in which the

25  total announced value of the prizes offered is greater than

26  $5,000 shall file with the Department of Agriculture and

27  Consumer Services State a copy of the rules and regulations of

28  the game promotion and a list of all prizes and prize

29  categories offered at least 7 days before the commencement of

30  the game promotion.  Such rules and regulations may not

31  thereafter be changed, modified, or altered.  The operator of

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  1  a game promotion shall conspicuously post the rules and

  2  regulations of such game promotion in each and every retail

  3  outlet or place where such game promotion may be played or

  4  participated in by the public and shall also publish the rules

  5  and regulations in all advertising copy used in connection

  6  therewith.  Radio and television announcements may indicate

  7  that the rules and regulations are available at retail outlets

  8  or from the operator of the promotion. A nonrefundable filing

  9  fee of $100 shall accompany each filing and shall be deposited

10  into the Division of Licensing Trust Fund to be used to pay

11  the costs incurred in administering and enforcing the

12  provisions of this section.

13         (4)(a)  Every operator of such a game promotion in

14  which the total announced value of the prizes offered is

15  greater than $5,000 shall establish a trust account, in a

16  national or state-chartered financial institution, with a

17  balance sufficient to pay or purchase the total value of all

18  prizes offered. On a form supplied by the Department of

19  Agriculture and Consumer Services State, an official of the

20  financial institution holding the trust account shall set

21  forth the dollar amount of the trust account, the identity of

22  the entity or individual establishing the trust account, and

23  the name of the game promotion for which the trust account has

24  been established.  Such form shall be filed with the

25  Department of Agriculture and Consumer Services State at least

26  7 days in advance of the commencement of the game promotion.

27  In lieu of establishing such trust account, the operator may

28  obtain a surety bond in an amount equivalent to the total

29  value of all prizes offered; and such bond shall be filed with

30  the Department of Agriculture and Consumer Services State at

31

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  1  least 7 days in advance of the commencement of the game

  2  promotion.

  3         1.  The moneys held in the trust account may be

  4  withdrawn in order to pay the prizes offered only upon

  5  certification to the Department of Agriculture and Consumer

  6  Services State of the name of the winner or winners and the

  7  amount of the prize or prizes and the value thereof.

  8         2.  If the operator of a game promotion has obtained a

  9  surety bond in lieu of establishing a trust account, the

10  amount of the surety bond shall equal at all times the total

11  amount of the prizes offered.

12         (b)  The Department of Agriculture and Consumer

13  Services State may waive the provisions of this subsection for

14  any operator who has conducted game promotions in the state

15  for not less than 5 consecutive years and who has not had any

16  civil, criminal, or administrative action instituted against

17  him or her by the state or an agency of the state for

18  violation of this section within that 5-year period. Such

19  waiver may be revoked upon the commission of a violation of

20  this section by such operator, as determined by the Department

21  of Agriculture and Consumer Services State.

22         (5)  Every operator of a game promotion in which the

23  total announced value of the prizes offered is greater than

24  $5,000 shall provide the Department of Agriculture and

25  Consumer Services State with a certified list of the names and

26  addresses of all persons, whether from this state or from

27  another state, who have won prizes which have a value of more

28  than $25, the value of such prizes, and the dates when the

29  prizes were won within 60 days after such winners have been

30  finally determined. The operator shall provide a copy of the

31  list of winners, without charge, to any person who requests

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  1  it.  In lieu of the foregoing, the operator of a game

  2  promotion may, at his or her option, publish the same

  3  information about the winners in a Florida newspaper of

  4  general circulation within 60 days after such winners have

  5  been determined and shall provide to the Department of

  6  Agriculture and Consumer Services State a certified copy of

  7  the publication containing the information about the winners.

  8  The operator of a game promotion is not required to notify a

  9  winner by mail or by telephone when the winner is already in

10  possession of a game card from which the winner can determine

11  that he or she has won a designated prize.  All winning

12  entries shall be held by the operator for a period of 90 days

13  after the close or completion of the game.

14         (6)  The Department of Agriculture and Consumer

15  Services State shall keep the certified list of winners for a

16  period of at least 6 months after receipt of the certified

17  list. The department thereafter may dispose of all records and

18  lists.

19         (7)  No operator shall force, directly or indirectly, a

20  lessee, agent, or franchise dealer to purchase or participate

21  in any game promotion. For the purpose of this section,

22  coercion or force shall be presumed in these circumstances in

23  which a course of business extending over a period of 1 year

24  or longer is materially changed coincident with a failure or

25  refusal of a lessee, agent, or franchise dealer to participate

26  in such game promotions. Such force or coercion shall further

27  be presumed when an operator advertises generally that game

28  promotions are available at its lessee dealers or agent

29  dealers.

30         (8)(a)  The Department of Agriculture and Consumer

31  Services State shall have the power to promulgate such rules

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  1  and regulations respecting the operation of game promotions as

  2  it may deem advisable.

  3         (b)  Whenever the Department of Agriculture and

  4  Consumer Services State or the Department of Legal Affairs has

  5  reason to believe that a game promotion is being operated in

  6  violation of this section, it may bring an action in the

  7  circuit court of any judicial circuit in which the game

  8  promotion is being operated in the name and on behalf of the

  9  people of the state against any operator thereof to enjoin the

10  continued operation of such game promotion anywhere within the

11  state.

12         (9)(a)  Any person, firm, or corporation, or

13  association or agent or employee thereof, who engages in any

14  acts or practices stated in this section to be unlawful, or

15  who violates any of the rules and regulations made pursuant to

16  this section, is guilty of a misdemeanor of the second degree,

17  punishable as provided in s. 775.082 or s. 775.083.

18         (b)  Any person, firm, corporation, association, agent,

19  or employee who violates any provision of this section or any

20  of the rules and regulations made pursuant to this section

21  shall be liable for a civil penalty of not more than $1,000

22  for each such violation, which shall accrue to the state and

23  may be recovered in a civil action brought by the Department

24  of Agriculture and Consumer Services State or the Department

25  of Legal Affairs.

26         (10)  This section does not apply to actions or

27  transactions regulated by the Department of Business and

28  Professional Regulation or to the activities of nonprofit

29  organizations or to any other organization engaged in any

30  enterprise other than the sale of consumer products or

31  services. Subsections (3), (4), (5), (6), and (7) and

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  1  paragraph (8)(a) and any of the rules made pursuant thereto do

  2  not apply to television or radio broadcasting companies

  3  licensed by the Federal Communications Commission.

  4         Section 30.  The Secretary of State shall review the

  5  Florida Statutes, identify any provisions relating to the

  6  performance of constitutional or cabinet duties of the

  7  Secretary of State, and recommend changes to those sections of

  8  law to the President of the Senate and the Speaker of the

  9  House of Representatives by January 1, 2002.

10         Section 31.  Except as otherwise provided herein, this

11  act shall take effect July 1, 2000.

12

13            *****************************************

14                          HOUSE SUMMARY

15
      Implements recommendations of the Constitutional
16    Transition Task Force appointed by the Secretary of State
      relating to the functions and roles of the Secretary of
17    State and the Department of State. Provides for the
      appointment by the Governor of the Secretary of State to
18    head the Department of State and makes the Secretary of
      State the custodian of state records. Realigns certain
19    functions performed by the executive branch agencies. See
      bill for details.
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