SENATE AMENDMENT
Bill No. SB 1938
Amendment No. ___ Barcode 205488
CHAMBER ACTION
Senate House
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04/14/2004 10:41 AM .
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11 Senator Geller moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, between lines 19 and 20,
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16 insert:
17 Section 3. Paragraph (d) of subsection (2) of section
18 718.112, Florida Statutes, is amended to read:
19 718.112 Bylaws.--
20 (2) REQUIRED PROVISIONS.--The bylaws shall provide for
21 the following and, if they do not do so, shall be deemed to
22 include the following:
23 (d) Unit owner meetings.--
24 1. There shall be an annual meeting of the unit
25 owners. Unless the bylaws provide otherwise, a vacancy on the
26 board caused by the expiration of a director's term shall be
27 filled by electing a new board member, and the election shall
28 be by secret ballot; however, if the number of vacancies
29 equals or exceeds the number of candidates, no election is
30 required. If there is no provision in the bylaws for terms of
31 the members of the board, the terms of all members of the
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1 board shall expire upon the election of their successors at
2 the annual meeting. Any unit owner desiring to be a candidate
3 for board membership shall comply with subparagraph 3. A
4 person who has been convicted of any felony by any court of
5 record in the United States and who has not had his or her
6 right to vote restored pursuant to law in the jurisdiction of
7 his or her residence is not eligible for board membership. The
8 validity of an action by the board is not affected if it is
9 later determined that a member of the board is ineligible for
10 board membership due to having been convicted of a felony.
11 2. The bylaws shall provide the method of calling
12 meetings of unit owners, including annual meetings. Written
13 notice, which notice must include an agenda, shall be mailed,
14 hand delivered, or electronically transmitted to each unit
15 owner at least 14 days prior to the annual meeting and shall
16 be posted in a conspicuous place on the condominium property
17 at least 14 continuous days preceding the annual meeting. Upon
18 notice to the unit owners, the board shall by duly adopted
19 rule designate a specific location on the condominium property
20 or association property upon which all notices of unit owner
21 meetings shall be posted; however, if there is no condominium
22 property or association property upon which notices can be
23 posted, this requirement does not apply. In lieu of or in
24 addition to the physical posting of notice of any meeting of
25 the unit owners on the condominium property, the association
26 may, by reasonable rule, adopt a procedure for conspicuously
27 posting and repeatedly broadcasting the notice and the agenda
28 on a closed-circuit cable television system serving the
29 condominium association. However, if broadcast notice is used
30 in lieu of a notice posted physically on the condominium
31 property, the notice and agenda must be broadcast at least
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1 four times every broadcast hour of each day that a posted
2 notice is otherwise required under this section. When
3 broadcast notice is provided, the notice and agenda must be
4 broadcast in a manner and for a sufficient continuous length
5 of time so as to allow an average reader to observe the notice
6 and read and comprehend the entire content of the notice and
7 the agenda. Unless a unit owner waives in writing the right to
8 receive notice of the annual meeting, such notice shall be
9 hand delivered, mailed, or electronically transmitted to each
10 unit owner. Notice for meetings and notice for all other
11 purposes shall be mailed to each unit owner at the address
12 last furnished to the association by the unit owner, or hand
13 delivered to each unit owner. However, if a unit is owned by
14 more than one person, the association shall provide notice,
15 for meetings and all other purposes, to that one address which
16 the developer initially identifies for that purpose and
17 thereafter as one or more of the owners of the unit shall so
18 advise the association in writing, or if no address is given
19 or the owners of the unit do not agree, to the address
20 provided on the deed of record. An officer of the association,
21 or the manager or other person providing notice of the
22 association meeting, shall provide an affidavit or United
23 States Postal Service certificate of mailing, to be included
24 in the official records of the association affirming that the
25 notice was mailed or hand delivered, in accordance with this
26 provision.
27 3. The members of the board shall be elected by
28 written ballot or voting machine. Proxies shall in no event be
29 used in electing the board, either in general elections or
30 elections to fill vacancies caused by recall, resignation, or
31 otherwise, unless otherwise provided in this chapter. Not less
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1 than 60 days before a scheduled election, the association
2 shall mail, deliver, or electronically transmit, whether by
3 separate association mailing or included in another
4 association mailing, delivery, or transmission, including
5 regularly published newsletters, to each unit owner entitled
6 to a vote, a first notice of the date of the election. Any
7 unit owner or other eligible person desiring to be a candidate
8 for the board must give written notice to the association not
9 less than 40 days before a scheduled election. Together with
10 the written notice and agenda as set forth in subparagraph 2.,
11 the association shall mail, deliver, or electronically
12 transmit a second notice of the election to all unit owners
13 entitled to vote therein, together with a ballot which shall
14 list all candidates. Upon request of a candidate, the
15 association shall include an information sheet, no larger than
16 8 1/2 inches by 11 inches, which must be furnished by the
17 candidate not less than 35 days before the election, to be
18 included with the mailing, delivery, or transmission of the
19 ballot, with the costs of mailing, delivery, or electronic
20 transmission and copying to be borne by the association. The
21 association is not liable for the contents of the information
22 sheets prepared by the candidates. In order to reduce costs,
23 the association may print or duplicate the information sheets
24 on both sides of the paper. The division shall by rule
25 establish voting procedures consistent with the provisions
26 contained herein, including rules establishing procedures for
27 giving notice by electronic transmission and rules providing
28 for the secrecy of ballots. Elections shall be decided by a
29 plurality of those ballots cast. There shall be no quorum
30 requirement; however, at least 20 percent of the eligible
31 voters must cast a ballot in order to have a valid election of
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1 members of the board. No unit owner shall permit any other
2 person to vote his or her ballot, and any such ballots
3 improperly cast shall be deemed invalid, provided any unit
4 owner who violates this provision may be fined by the
5 association in accordance with s. 718.303. A unit owner who
6 needs assistance in casting the ballot for the reasons stated
7 in s. 101.051 may obtain assistance in casting the ballot. The
8 regular election shall occur on the date of the annual
9 meeting. The provisions of this subparagraph shall not apply
10 to timeshare condominium associations. Notwithstanding the
11 provisions of this subparagraph, an election is not required
12 unless more candidates file notices of intent to run or are
13 nominated than board vacancies exist.
14 4. Any approval by unit owners called for by this
15 chapter or the applicable declaration or bylaws, including,
16 but not limited to, the approval requirement in s. 718.111(8),
17 shall be made at a duly noticed meeting of unit owners and
18 shall be subject to all requirements of this chapter or the
19 applicable condominium documents relating to unit owner
20 decisionmaking, except that unit owners may take action by
21 written agreement, without meetings, on matters for which
22 action by written agreement without meetings is expressly
23 allowed by the applicable bylaws or declaration or any statute
24 that provides for such action.
25 5. Unit owners may waive notice of specific meetings
26 if allowed by the applicable bylaws or declaration or any
27 statute. If authorized by the bylaws, notice of meetings of
28 the board of administration, unit owner meetings, except unit
29 owner meetings called to recall board members under paragraph
30 (j), and committee meetings may be given by electronic
31 transmission to unit owners who consent to receive notice by
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1 electronic transmission.
2 6. Unit owners shall have the right to participate in
3 meetings of unit owners with reference to all designated
4 agenda items. However, the association may adopt reasonable
5 rules governing the frequency, duration, and manner of unit
6 owner participation.
7 7. Any unit owner may tape record or videotape a
8 meeting of the unit owners subject to reasonable rules adopted
9 by the division.
10 8. Unless otherwise provided in the bylaws, any
11 vacancy occurring on the board before the expiration of a term
12 may be filled by the affirmative vote of the majority of the
13 remaining directors, even if the remaining directors
14 constitute less than a quorum, or by the sole remaining
15 director. In the alternative, a board may hold an election to
16 fill the vacancy, in which case the election procedures must
17 conform to the requirements of subparagraph 3. unless the
18 association has opted out of the statutory election process,
19 in which case the bylaws of the association control. Unless
20 otherwise provided in the bylaws, a board member appointed or
21 elected under this section shall fill the vacancy for the
22 unexpired term of the seat being filled. Filling vacancies
23 created by recall is governed by paragraph (j) and rules
24 adopted by the division.
25 9. Ten percent of the total voting interests in a
26 condominium association, or six unit owners, whichever is
27 greater, may petition the division to appoint an election
28 monitor to attend the annual meeting of the unit owners and
29 conduct the election of directors. The division shall appoint
30 a division employee, a person or persons specializing in
31 condominium election monitoring, or an attorney licensed to
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1 practice in this state as the election monitor. All costs
2 associated with the election monitoring process shall be paid
3 by the association. The division shall adopt a rule
4 establishing procedures for the appointment of election
5 monitors and the scope and extent of the monitor's role in the
6 election process.
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8 Notwithstanding subparagraphs (b)2. and (d)3., an association
9 may, by the affirmative vote of a majority of the total voting
10 interests, provide for different voting and election
11 procedures in its bylaws, which vote may be by a proxy
12 specifically delineating the different voting and election
13 procedures. The different voting and election procedures may
14 provide for elections to be conducted by limited or general
15 proxy.
16 Section 4. Paragraph (d) of subsection (1) of section
17 719.106, Florida Statutes, is amended to read:
18 719.106 Bylaws; cooperative ownership.--
19 (1) MANDATORY PROVISIONS.--The bylaws or other
20 cooperative documents shall provide for the following, and if
21 they do not, they shall be deemed to include the following:
22 (d) Shareholder meetings.--There shall be an annual
23 meeting of the shareholders. All members of the board of
24 administration shall be elected at the annual meeting unless
25 the bylaws provide for staggered election terms or for their
26 election at another meeting. Any unit owner desiring to be a
27 candidate for board membership shall comply with subparagraph
28 1. The bylaws shall provide the method for calling meetings,
29 including annual meetings. Written notice, which notice shall
30 incorporate an identification of agenda items, shall be given
31 to each unit owner at least 14 days prior to the annual
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1 meeting and shall be posted in a conspicuous place on the
2 cooperative property at least 14 continuous days preceding the
3 annual meeting. Upon notice to the unit owners, the board
4 shall by duly adopted rule designate a specific location on
5 the cooperative property upon which all notice of unit owner
6 meetings shall be posted. In lieu of or in addition to the
7 physical posting of notice of any meeting of the shareholders
8 on the cooperative property, the association may, by
9 reasonable rule, adopt a procedure for conspicuously posting
10 and repeatedly broadcasting the notice and the agenda on a
11 closed-circuit cable television system serving the cooperative
12 association. However, if broadcast notice is used in lieu of a
13 notice posted physically on the cooperative property, the
14 notice and agenda must be broadcast at least four times every
15 broadcast hour of each day that a posted notice is otherwise
16 required under this section. When broadcast notice is
17 provided, the notice and agenda must be broadcast in a manner
18 and for a sufficient continuous length of time so as to allow
19 an average reader to observe the notice and read and
20 comprehend the entire content of the notice and the agenda.
21 Unless a unit owner waives in writing the right to receive
22 notice of the annual meeting, the notice of the annual meeting
23 shall be sent by mail, hand delivered, or electronically
24 transmitted to each unit owner. An officer of the association
25 shall provide an affidavit or United States Postal Service
26 certificate of mailing, to be included in the official records
27 of the association, affirming that notices of the association
28 meeting were mailed, hand delivered, or electronically
29 transmitted, in accordance with this provision, to each unit
30 owner at the address last furnished to the association.
31 1. After January 1, 1992, the board of administration
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1 shall be elected by written ballot or voting machine. Proxies
2 shall in no event be used in electing the board of
3 administration, either in general elections or elections to
4 fill vacancies caused by recall, resignation, or otherwise
5 unless otherwise provided in this chapter. Not less than 60
6 days before a scheduled election, the association shall mail,
7 deliver, or transmit, whether by separate association mailing,
8 delivery, or electronic transmission or included in another
9 association mailing, delivery, or electronic transmission,
10 including regularly published newsletters, to each unit owner
11 entitled to vote, a first notice of the date of the election.
12 Any unit owner or other eligible person desiring to be a
13 candidate for the board of administration shall give written
14 notice to the association not less than 40 days before a
15 scheduled election. Together with the written notice and
16 agenda as set forth in this section, the association shall
17 mail, deliver, or electronically transmit a second notice of
18 election to all unit owners entitled to vote therein, together
19 with a ballot which shall list all candidates. Upon request of
20 a candidate, the association shall include an information
21 sheet, no larger than 8 1/2 inches by 11 inches, which must
22 be furnished by the candidate not less than 35 days prior to
23 the election, to be included with the mailing, delivery, or
24 electronic transmission of the ballot, with the costs of
25 mailing, delivery, or transmission and copying to be borne by
26 the association. The association has no liability for the
27 contents of the information sheets provided by the candidates.
28 In order to reduce costs, the association may print or
29 duplicate the information sheets on both sides of the paper.
30 The division shall by rule establish voting procedures
31 consistent with the provisions contained herein, including
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1 rules establishing procedures for giving notice by electronic
2 transmission and rules providing for the secrecy of ballots.
3 Elections shall be decided by a plurality of those ballots
4 cast. There shall be no quorum requirement. However, at least
5 20 percent of the eligible voters must cast a ballot in order
6 to have a valid election of members of the board of
7 administration. No unit owner shall permit any other person
8 to vote his or her ballot, and any such ballots improperly
9 cast shall be deemed invalid. A unit owner who needs
10 assistance in casting the ballot for the reasons stated in s.
11 101.051 may obtain assistance in casting the ballot. Any unit
12 owner violating this provision may be fined by the association
13 in accordance with s. 719.303. The regular election shall
14 occur on the date of the annual meeting. The provisions of
15 this subparagraph shall not apply to timeshare cooperatives.
16 Notwithstanding the provisions of this subparagraph, an
17 election and balloting are not required unless more candidates
18 file a notice of intent to run or are nominated than vacancies
19 exist on the board.
20 2. Any approval by unit owners called for by this
21 chapter, or the applicable cooperative documents, shall be
22 made at a duly noticed meeting of unit owners and shall be
23 subject to all requirements of this chapter or the applicable
24 cooperative documents relating to unit owner decisionmaking,
25 except that unit owners may take action by written agreement,
26 without meetings, on matters for which action by written
27 agreement without meetings is expressly allowed by the
28 applicable cooperative documents or any Florida statute which
29 provides for the unit owner action.
30 3. Unit owners may waive notice of specific meetings
31 if allowed by the applicable cooperative documents or any
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1 Florida statute. If authorized by the bylaws, notice of
2 meetings of the board of administration, shareholder meetings,
3 except shareholder meetings called to recall board members
4 under paragraph (f), and committee meetings may be given by
5 electronic transmission to unit owners who consent to receive
6 notice by electronic transmission.
7 4. Unit owners shall have the right to participate in
8 meetings of unit owners with reference to all designated
9 agenda items. However, the association may adopt reasonable
10 rules governing the frequency, duration, and manner of unit
11 owner participation.
12 5. Any unit owner may tape record or videotape
13 meetings of the unit owners subject to reasonable rules
14 adopted by the division.
15 6. Ten percent of the total voting interests in a
16 cooperative association, or six unit owners, whichever is
17 greater, may petition the division to appoint an election
18 monitor to attend the annual meeting of the shareholders and
19 conduct the election of directors. The division shall appoint
20 a division employee, a person or persons specializing in
21 cooperative election monitoring, or an attorney licensed to
22 practice in this state as the election monitor. All costs
23 associated with the election monitoring process shall be paid
24 by the association. The division shall adopt a rule
25 establishing procedures for the appointment of election
26 monitors and the scope and extent of the monitor's role in the
27 election process.
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29 Notwithstanding subparagraphs (b)2. and (d)1., an association
30 may, by the affirmative vote of a majority of the total voting
31 interests, provide for a different voting and election
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1 procedure in its bylaws, which vote may be by a proxy
2 specifically delineating the different voting and election
3 procedures. The different voting and election procedures may
4 provide for elections to be conducted by limited or general
5 proxy.
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7 (Redesignate subsequent sections.)
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 1, line 9, after the semicolon,
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14 insert:
15 amending ss. 718.112, 719.106, F.S.; providing
16 for unit owners or shareholders to petition the
17 Division of Florida Land Sales, Condominiums,
18 and Mobile Homes of the Department of Business
19 and Professional Regulation to appoint an
20 election monitor to attend the annual
21 association meeting and conduct the election of
22 directors; providing for the adoption of rules;
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