HB 0411

CS

CHAMBER ACTION

1	The Committee on Judiciary recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to community associations; amending s.
7	718.111, F.S.; providing immunity from liability for
8	certain information provided by associations to
9	prospective purchasers or lienholders under certain
10	circumstances; amending s. 720.303, F.S.; requiring
11	specific notice to be given to association members before
12	certain assessments or rule changes may be considered at a
13	meeting; amending s. 768.1325, F.S.; providing immunity
14	from civil liability for community associations that
15	provide automated defibrillator devices under certain
16	circumstances; prohibiting insurers from requiring certain
17	community associations purchasing automated defibrillator
18	devices to purchase medical malpractice coverage as a
19	condition of issuing other coverage; providing an
20	effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Paragraph (e) of subsection (12) of section
25	718.111, Florida Statutes, is amended to read:
26	718.111  The association.--
27	(1)  CORPORATE ENTITY.--
28	(12)  OFFICIAL RECORDS.--
29	(e)1.  The association or its authorized agent is shall not
30	be required to provide a prospective purchaser or lienholder
31	with information about the condominium or the association other
32	than information or documents required by this chapter to be
33	made available or disclosed. The association or its authorized
34	agent may shall be entitled to charge a reasonable fee to the
35	prospective purchaser, lienholder, or the current unit owner for
36	its time in providing good faith responses to requests for
37	information by or on behalf of a prospective purchaser or
38	lienholder, other than that required by law, if the provided
39	that such fee does shall not exceed $150 plus the reasonable
40	cost of photocopying and any attorney's fees incurred by the
41	association in connection with the association's response.
42	2.  An association and its authorized agent are not liable
43	for providing such information in good faith pursuant to a
44	written request if the person providing the information includes
45	a written statement in substantially the following form: "The
46	responses herein are made in good faith and to the best of my
47	ability as to their accuracy." In no event shall this provision
48	apply to certificates required by s. 718.116(8), providing
49	estoppel information to a unit owner purchaser or mortgagee.
50	Section 2.  Subsection (2) of section 720.303, Florida
51	Statutes, is amended to read:
52	720.303  Association powers and duties; meetings of board;
53	official records; budgets; financial reporting.--
54	(2)  BOARD MEETINGS.--A meeting of the board of directors
55	of an association occurs whenever a quorum of the board gathers
56	to conduct association business.  All meetings of the board must
57	be open to all members except for meetings between the board and
58	its attorney with respect to proposed or pending litigation
59	where the contents of the discussion would otherwise be governed
60	by the attorney-client privilege.  Notices of all board meetings
61	must be posted in a conspicuous place in the community at least
62	48 hours in advance of a meeting, except in an emergency.  In
63	the alternative, if notice is not posted in a conspicuous place
64	in the community, notice of each board meeting must be mailed or
65	delivered to each member at least 7 days before the meeting,
66	except in an emergency. Notwithstanding this general notice
67	requirement, for communities with more than 100 members, the
68	bylaws may provide for a reasonable alternative to posting or
69	mailing of notice for each board meeting, including publication
70	of notice, provision of a schedule of board meetings, or the
71	conspicuous posting and repeated broadcasting of the notice on a
72	closed-circuit cable television system serving the homeowners'
73	association. However, if broadcast notice is used in lieu of a
74	notice posted physically in the community, the notice must be
75	broadcast at least four times every broadcast hour of each day
76	that a posted notice is otherwise required. When broadcast
77	notice is provided, the notice and agenda must be broadcast in a
78	manner and for a sufficient continuous length of time so as to
79	allow an average reader to observe the notice and read and
80	comprehend the entire content of the notice and the agenda. The
81	bylaws or amended bylaws may provide for giving notice by
82	electronic transmission in a manner authorized by law for
83	meetings of the board of directors, committee meetings requiring
84	notice under this section, and annual and special meetings of
85	the members; however, a member must consent in writing to
86	receiving notice by electronic transmission. An assessment may
87	not be levied at a board meeting unless a written the notice of
88	the meeting is provided to all members at least 14 days before
89	the meeting, which notice includes a statement that assessments
90	will be considered at the meeting and the nature of the
91	assessments. Rules that regulate the use of parcels in the
92	community may not be adopted, amended, or revoked at a board
93	meeting unless a written meeting notice is provided to all
94	members at least 14 days before the meeting, which notice
95	includes a statement that changes to the rules regarding the use
96	of parcels will be considered at the meeting. Directors may not
97	vote by proxy or by secret ballot at board meetings, except that
98	secret ballots may be used in the election of officers.  This
99	subsection also applies to the meetings of any committee or
100	other similar body, when a final decision will be made regarding
101	the expenditure of association funds, and to any body vested
102	with the power to approve or disapprove architectural decisions
103	with respect to a specific parcel of residential property owned
104	by a member of the community.
105	Section 3.  Subsection (3) of section 768.1325, Florida
106	Statutes, is amended, and subsection (6) is added to said
107	section, to read:
108	768.1325  Cardiac Arrest Survival Act; immunity from civil
109	liability.--
110	(3)  Notwithstanding any other provision of law to the
111	contrary, and except as provided in subsection (4), any person
112	who uses or attempts to use an automated external defibrillator
113	device on a victim of a perceived medical emergency, without
114	objection of the victim of the perceived medical emergency, is
115	immune from civil liability for any harm resulting from the use
116	or attempted use of such device. In addition, any person who
117	acquired the device, including, but not limited to, a community
118	association organized under chapter 617, chapter 718, chapter
119	719, chapter 720, chapter 721, or chapter 723, is immune from
120	such liability, if the harm was not due to the failure of such
121	acquirer of the device to:
122	(a)  Notify the local emergency medical services medical
123	director of the most recent placement of the device within a
124	reasonable period of time after the device was placed;
125	(b)  Properly maintain and test the device; or
126	(c)  Provide appropriate training in the use of the device
127	to an employee or agent of the acquirer when the employee or
128	agent was the person who used the device on the victim, except
129	that such requirement of training does not apply if:
130	1.  The employee or agent was not an employee or agent who
131	would have been reasonably expected to use the device; or
132	2.  The period of time elapsing between the engagement of
133	the person as an employee or agent and the occurrence of the
134	harm, or between the acquisition of the device and the
135	occurrence of the harm in any case in which the device was
136	acquired after engagement of the employee or agent, was not a
137	reasonably sufficient period in which to provide the training.
138	(6)  An insurer may not require a community association
139	organized under chapter 617, chapter 718, chapter 719, chapter
140	720, chapter 721, or chapter 723 that acquires an automated
141	external defibrillator device to purchase medical malpractice
142	liability coverage as a condition of issuing any other coverage
143	carried by the association, and an insurer may not exclude
144	damages resulting from the use of an automated external
145	defibrillator device from coverage under a general liability
146	policy issued to an association.
147	Section 4.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.