HB 0411 2004
1	A bill to be entitled
2	An act relating to community associations; amending s.
3	718.111, F.S.; providing immunity from liability for
4	certain information provided by associations to
5	prospective purchasers or lienholders under certain
6	circumstances; amending s. 720.303, F.S.; requiring
7	specific notice to be given to association members before
8	certain assessments or rule changes may be considered at a
9	meeting; amending s. 768.1325, F.S.; providing immunity
10	from civil liability for community associations that
11	provide automated defibrillator devices under certain
12	circumstances; prohibiting insurers from requiring
13	associations to purchase medical malpractice coverage as a
14	condition of issuing other coverage; providing an
15	effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Paragraph (e) of subsection (12) of section
20	718.111, Florida Statutes, is amended to read:
21	718.111 The association.--
22	(1) CORPORATE ENTITY.--
23	(12) OFFICIAL RECORDS.--
24	(e)1. The association or its authorized agent is shall not
25	berequired to provide a prospective purchaser or lienholder
26	with information about the condominium or the association other
27	than information or documents required by this chapter to be
28	made available or disclosed. The association or its authorized
29	agent may shall be entitled tocharge a reasonable fee to the
30	prospective purchaser, lienholder, or the current unit owner for
31	its time inproviding good faith responses to requests for
32	information by or on behalf of a prospective purchaser or
33	lienholder, other than that required by law, if the provided
34	that such fee does shallnot exceed $150 plus the reasonable
35	cost of photocopying and any attorney's fees incurred by the
36	association in connection with the association'sresponse.
37	2. An association and its authorized agent are not liable
38	for providing such information in good faith pursuant to a
39	written request if the person providing the information includes
40	a written statement in substantially the following form: "The
41	responses herein are made in good faith and to the best of my
42	ability as to their accuracy."
43	Section 2. Subsection (2) of section 720.303, Florida
44	Statutes, is amended to read:
45	720.303 Association powers and duties; meetings of board;
46	official records; budgets; financial reporting.--
47	(2) BOARD MEETINGS.--A meeting of the board of directors
48	of an association occurs whenever a quorum of the board gathers
49	to conduct association business. All meetings of the board must
50	be open to all members except for meetings between the board and
51	its attorney with respect to proposed or pending litigation
52	where the contents of the discussion would otherwise be governed
53	by the attorney-client privilege. Notices of all board meetings
54	must be posted in a conspicuous place in the community at least
55	48 hours in advance of a meeting, except in an emergency. In
56	the alternative, if notice is not posted in a conspicuous place
57	in the community, notice of each board meeting must be mailed or
58	delivered to each member at least 7 days before the meeting,
59	except in an emergency. Notwithstanding this general notice
60	requirement, for communities with more than 100 members, the
61	bylaws may provide for a reasonable alternative to posting or
62	mailing of notice for each board meeting, including publication
63	of notice, provision of a schedule of board meetings, or the
64	conspicuous posting and repeated broadcasting of the notice on a
65	closed-circuit cable television system serving the homeowners'
66	association. However, if broadcast notice is used in lieu of a
67	notice posted physically in the community, the notice must be
68	broadcast at least four times every broadcast hour of each day
69	that a posted notice is otherwise required. When broadcast
70	notice is provided, the notice and agenda must be broadcast in a
71	manner and for a sufficient continuous length of time so as to
72	allow an average reader to observe the notice and read and
73	comprehend the entire content of the notice and the agenda. The
74	bylaws or amended bylaws may provide for giving notice by
75	electronic transmission in a manner authorized by law for
76	meetings of the board of directors, committee meetings requiring
77	notice under this section, and annual and special meetings of
78	the members; however, a member must consent in writing to
79	receiving notice by electronic transmission. An assessment may
80	not be levied at a board meeting unless a written thenotice of
81	the meeting is provided to all members at least 14 days before
82	the meeting, which noticeincludes a statement that assessments
83	will be considered at the meetingand the nature of the
84	assessments. Rules that regulate the use of parcels in the
85	community may not be adopted, amended, or revoked at a board
86	meeting unless a written meeting notice is provided to all
87	members at least 14 days before the meeting, which notice
88	includes a statement that changes to the rules regarding the use
89	of parcels will be considered at the meeting.Directors may not
90	vote by proxy or by secret ballot at board meetings, except that
91	secret ballots may be used in the election of officers. This
92	subsection also applies to the meetings of any committee or
93	other similar body, when a final decision will be made regarding
94	the expenditure of association funds, and to any body vested
95	with the power to approve or disapprove architectural decisions
96	with respect to a specific parcel of residential property owned
97	by a member of the community.
98	Section 3. Present subsection (5) of section 768.1325,
99	Florida Statutes, is renumbered as subsection (6), and a new
100	subsection (5) is added to said section to read:
101	768.1325 Cardiac Arrest Survival Act; immunity from civil
102	liability.--
103	(5)(a) A community association organized under chapter
104	617, chapter 718, chapter 719, chapter 720, chapter 721, or
105	chapter 723 which provides an automated defibrillator device
106	primarily for the use of its members, guests, or invitees is
107	immune from civil liability, pursuant to this section, for any
108	damages that result from the use of such device if the
109	association offers periodic training in the use of such device.
110	The failure of any person who uses the device to take such
111	training does not constitute a basis for liability against the
112	association.
113	(b) An insurer may not require a community association to
114	purchase medical malpractice liability coverage as a condition
115	of issuing any other coverage carried by the association, and an
116	insurer may not exclude damages resulting from the use of an
117	automated defibrillator device from coverage under a general
118	liability policy issued to an association.
119	Section 4. This act shall take effect July 1, 2004.