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A bill to be entitled |
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An act relating to community associations; amending s. |
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718.111, F.S.; providing immunity from liability for |
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certain information provided by associations to |
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prospective purchasers or lienholders under certain |
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circumstances; amending s. 720.303, F.S.; requiring |
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specific notice to be given to association members before |
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certain assessments or rule changes may be considered at a |
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meeting; amending s. 768.1325, F.S.; providing immunity |
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from civil liability for community associations that |
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provide automated defibrillator devices under certain |
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circumstances; prohibiting insurers from requiring |
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associations to purchase medical malpractice coverage as a |
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condition of issuing other coverage; providing an |
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effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Paragraph (e) of subsection (12) of section |
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718.111, Florida Statutes, is amended to read: |
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718.111 The association.-- |
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(1) CORPORATE ENTITY.-- |
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(12) OFFICIAL RECORDS.-- |
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(e)1. The association or its authorized agent is shall not |
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berequired to provide a prospective purchaser or lienholder |
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with information about the condominium or the association other |
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than information or documents required by this chapter to be |
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made available or disclosed. The association or its authorized |
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agent may shall be entitled tocharge a reasonable fee to the |
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prospective purchaser, lienholder, or the current unit owner for |
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its time inproviding good faith responses to requests for |
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information by or on behalf of a prospective purchaser or |
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lienholder, other than that required by law, if the provided |
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that such fee does shallnot exceed $150 plus the reasonable |
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cost of photocopying and any attorney's fees incurred by the |
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association in connection with the association'sresponse. |
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2. An association and its authorized agent are not liable |
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for providing such information in good faith pursuant to a |
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written request if the person providing the information includes |
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a written statement in substantially the following form: "The |
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responses herein are made in good faith and to the best of my |
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ability as to their accuracy." |
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Section 2. Subsection (2) of section 720.303, Florida |
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Statutes, is amended to read: |
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720.303 Association powers and duties; meetings of board; |
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official records; budgets; financial reporting.-- |
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(2) BOARD MEETINGS.--A meeting of the board of directors |
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of an association occurs whenever a quorum of the board gathers |
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to conduct association business. All meetings of the board must |
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be open to all members except for meetings between the board and |
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its attorney with respect to proposed or pending litigation |
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where the contents of the discussion would otherwise be governed |
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by the attorney-client privilege. Notices of all board meetings |
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must be posted in a conspicuous place in the community at least |
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48 hours in advance of a meeting, except in an emergency. In |
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the alternative, if notice is not posted in a conspicuous place |
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in the community, notice of each board meeting must be mailed or |
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delivered to each member at least 7 days before the meeting, |
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except in an emergency. Notwithstanding this general notice |
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requirement, for communities with more than 100 members, the |
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bylaws may provide for a reasonable alternative to posting or |
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mailing of notice for each board meeting, including publication |
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of notice, provision of a schedule of board meetings, or the |
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conspicuous posting and repeated broadcasting of the notice on a |
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closed-circuit cable television system serving the homeowners' |
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association. However, if broadcast notice is used in lieu of a |
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notice posted physically in the community, the notice must be |
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broadcast at least four times every broadcast hour of each day |
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that a posted notice is otherwise required. When broadcast |
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notice is provided, the notice and agenda must be broadcast in a |
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manner and for a sufficient continuous length of time so as to |
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allow an average reader to observe the notice and read and |
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comprehend the entire content of the notice and the agenda. The |
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bylaws or amended bylaws may provide for giving notice by |
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electronic transmission in a manner authorized by law for |
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meetings of the board of directors, committee meetings requiring |
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notice under this section, and annual and special meetings of |
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the members; however, a member must consent in writing to |
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receiving notice by electronic transmission. An assessment may |
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not be levied at a board meeting unless a written thenotice of |
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the meeting is provided to all members at least 14 days before |
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the meeting, which noticeincludes a statement that assessments |
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will be considered at the meetingand the nature of the |
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assessments. Rules that regulate the use of parcels in the |
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community may not be adopted, amended, or revoked at a board |
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meeting unless a written meeting notice is provided to all |
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members at least 14 days before the meeting, which notice |
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includes a statement that changes to the rules regarding the use |
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of parcels will be considered at the meeting.Directors may not |
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vote by proxy or by secret ballot at board meetings, except that |
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secret ballots may be used in the election of officers. This |
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subsection also applies to the meetings of any committee or |
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other similar body, when a final decision will be made regarding |
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the expenditure of association funds, and to any body vested |
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with the power to approve or disapprove architectural decisions |
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with respect to a specific parcel of residential property owned |
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by a member of the community. |
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Section 3. Present subsection (5) of section 768.1325, |
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Florida Statutes, is renumbered as subsection (6), and a new |
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subsection (5) is added to said section to read: |
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768.1325 Cardiac Arrest Survival Act; immunity from civil |
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liability.-- |
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(5)(a) A community association organized under chapter |
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617, chapter 718, chapter 719, chapter 720, chapter 721, or |
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chapter 723 which provides an automated defibrillator device |
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primarily for the use of its members, guests, or invitees is |
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immune from civil liability, pursuant to this section, for any |
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damages that result from the use of such device if the |
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association offers periodic training in the use of such device. |
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The failure of any person who uses the device to take such |
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training does not constitute a basis for liability against the |
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association. |
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(b) An insurer may not require a community association to |
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purchase medical malpractice liability coverage as a condition |
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of issuing any other coverage carried by the association, and an |
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insurer may not exclude damages resulting from the use of an |
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automated defibrillator device from coverage under a general |
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liability policy issued to an association. |
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Section 4. This act shall take effect July 1, 2004. |