Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 948
                        Barcode 413176
                            CHAMBER ACTION
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11  The Committee on Regulated Industries (Jones, and Hill)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  The Advisory Council on Condominiums is
19  directed to hold public hearings, study available options and
20  proposals, and prepare a report to the Legislature, including
21  recommended legislation, dealing with the protection and
22  preservation of condominium property at the time of
23  anticipated catastrophic windstorm events and the recovery and
24  rebuilding following such events. Recommendations should
25  consider the communication options with condominium owners in
26  times of anticipated and declared emergencies, financial
27  planning for protecting and rebuilding condominium property
28  following such events, and the powers and responsibilities of
29  unit owners and the board of directors of the condominium
30  association before, during, and after such occurrences.
31         Section 2.  Subsection (2) of section 720.305, Florida
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 948
                        Barcode 413176
 1  Statutes, is amended to read:
 2         720.305  Obligations of members; remedies at law or in
 3  equity; levy of fines and suspension of use rights; failure to
 4  fill sufficient number of vacancies on board of directors to
 5  constitute a quorum; appointment of receiver upon petition of
 6  any member.--
 7         (2)  If the governing documents so provide, an
 8  association may suspend, for a reasonable period of time, the
 9  rights of a member or a member's tenants, guests, or invitees,
10  or both, to use common areas and facilities and may levy
11  reasonable fines, not to exceed $100 per violation, against
12  any member or any tenant, guest, or invitee. A fine may be
13  levied on the basis of each day of a continuing violation,
14  with a single notice and opportunity for hearing, except that
15  no such fine shall exceed $1,000 in the aggregate unless
16  otherwise provided in the governing documents. A fine shall
17  not become a lien against a parcel unless it is imposed for
18  violations of use restrictions on the land. In any action to
19  recover a fine, the prevailing party is entitled to collect
20  its reasonable attorney's fees and costs from the
21  nonprevailing party as determined by the court.
22         (a)  A fine or suspension may not be imposed without
23  notice of at least 14 days to the person sought to be fined or
24  suspended and an opportunity for a hearing before a committee
25  of at least three members appointed by the board who are not
26  officers, directors, or employees of the association, or the
27  spouse, parent, child, brother, or sister of an officer,
28  director, or employee. If the committee, by majority vote,
29  does not approve a proposed fine or suspension, it may not be
30  imposed.
31         (b)  The requirements of this subsection do not apply
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 948
                        Barcode 413176
 1  to the imposition of suspensions or fines upon any member
 2  because of the failure of the member to pay assessments or
 3  other charges when due if such action is authorized by the
 4  governing documents.
 5         (c)  Suspension of common-area-use rights shall not
 6  impair the right of an owner or tenant of a parcel to have
 7  vehicular and pedestrian ingress to and egress from the
 8  parcel, including, but not limited to, the right to park.
 9         Section 3.  Paragraphs (b) and (c) of subsection (2)
10  and subsection (3) of section 720.311, Florida Statutes, are
11  amended to read:
12         720.311  Dispute resolution.--
13         (2)
14         (b)  If mediation as described in paragraph (a) is not
15  successful in resolving all issues between the parties, the
16  parties may file the unresolved dispute in a court of
17  competent jurisdiction or elect to enter into binding or
18  nonbinding arbitration pursuant to the procedures set forth in
19  s. 718.1255 and rules adopted by the division, with the
20  arbitration proceeding to be conducted by a department
21  arbitrator or by a private arbitrator certified by the
22  department. If all parties do not agree to arbitration
23  proceedings following an unsuccessful mediation, any party may
24  file the dispute in court. A final order resulting from
25  nonbinding arbitration is final and enforceable in the courts
26  if a complaint for trial de novo is not filed in a court of
27  competent jurisdiction within 30 days after entry of the
28  order. The failure of any party to make payment of fees and
29  costs within the time established by department rule or to
30  appear for a scheduled mediation session or arbitration
31  proceeding shall operate as an impasse in the proceeding
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 948
                        Barcode 413176
 1  between the parties, entitling the other party to proceed in
 2  court and to receive and enforce an award of costs and fees
 3  associated with the mediation or arbitration.
 4         (c)  The department shall develop a certification and
 5  training program for private mediators and private arbitrators
 6  which shall emphasize experience and expertise in the area of
 7  the operation of community associations. A mediator or
 8  arbitrator shall be certified by the department only if he or
 9  she has met the qualifications for a mediator established for
10  circuit court mediators has attended at least 20 hours of
11  training in mediation or arbitration, as appropriate, and only
12  if the applicant has mediated or arbitrated at least 10
13  disputes involving community associations within 5 years prior
14  to the date of the application, or has mediated or arbitrated
15  10 disputes in any area within 5 years prior to the date of
16  application and has completed 20 hours of training in
17  community association disputes. In order to be certified by
18  the department, any mediator must also be certified by the
19  Florida Supreme Court. The department may conduct the training
20  and certification program within the department or may
21  contract with an outside vendor to perform the training or
22  certification. The expenses of operating the training and
23  certification and training program shall be paid by the moneys
24  and filing fees generated by the arbitration of recall and
25  election disputes and by the mediation of those disputes
26  referred to in this subsection and by the training fees.
27         (3)  The department shall develop an education program
28  to assist homeowners, associations, board members, and
29  managers in understanding and increasing awareness of the
30  operation of homeowners' associations pursuant to this chapter
31  and in understanding the use of alternative dispute resolution
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 948
                        Barcode 413176
 1  techniques in resolving disputes between parcel owners and
 2  associations or between owners. Such education program may
 3  include the development of pamphlets and other written
 4  instructional guides, the holding of classes and meetings by
 5  department employees or outside vendors, as the department
 6  determines, and the creation and maintenance of a website
 7  containing instructional materials. The expenses of operating
 8  the education program shall be initially paid by the moneys
 9  and filing fees generated by the arbitration of recall and
10  election disputes and by the mediation of those disputes
11  referred to in this subsection.
12         Section 4.  Section 712.11, Florida Statutes, is
13  created to read:
14         712.11  Covenants and restrictions.--A homeowners'
15  association that is not otherwise subject to chapter 720 may
16  use the procedures provided in ss. 720.403-720.407 to revive a
17  declaration of covenants and restrictions that has been
18  extinguished by this chapter entitled Marketable Record Titles
19  to Real Property.
20         Section 5.  This act shall take effect upon becoming a
21  law.
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23  
24  ================ T I T L E   A M E N D M E N T ===============
25  And the title is amended as follows:
26         Delete everything before the enacting clause
27  
28  and insert:
29                  A bill to be entitled
30         An act relating to community associations;
31         directing the Advisory Council on Condominiums
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 948
                        Barcode 413176
 1         to hold public hearings and prepare and present
 2         a report to the Legislature regarding certain
 3         issues relating to the powers of condominium
 4         associations during catastrophic windstorm
 5         events and the recovery and rebuilding
 6         following such events; amending s. 720.305,
 7         F.S.; providing that a fine levied by a
 8         homeowners' association against a homeowner
 9         shall not become a lien against a parcel unless
10         it is imposed for violations of use
11         restrictions on the land; amending s. 720.311,
12         F.S.; providing that the failure of a party to
13         make payment of fees and costs or appear for a
14         mediation session or arbitration proceeding
15         acts as an impasse in the proceeding and
16         entitles the other party to proceed in court
17         and to receive and enforce an award of costs
18         and fees associated with the mediation or
19         arbitration; deleting the training hours
20         required for certification of mediators and
21         arbitrators; providing that qualifications for
22         certification as a mediator or arbitrator will
23         be established by the Florida Supreme Court;
24         deleting a provision requiring the initial
25         costs of educating homeowners and other parties
26         about homeowners' associations and the use of
27         alternative dispute resolution techniques to be
28         paid from moneys and filing fees generated by
29         the arbitration of recall and election disputes
30         and by the mediation of those disputes;
31         creating s. 712.11, F.S.; providing for the
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 948
                        Barcode 413176
 1         revival of certain declarations that have been
 2         extinguished; providing an effective date.
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