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Senator Posey moved the following substitute for amendment

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(481494):

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     Senate Amendment (with title amendment)

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     Delete lines 971 through 1021

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and insert:

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     3.a. The members of the board shall be elected by written

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ballot or voting machine. Proxies shall in no event be used in

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electing the board, either in general elections or elections to

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fill vacancies caused by recall, resignation, or otherwise,

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unless otherwise provided in this chapter. Not less than 60 days

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before a scheduled election, the association shall mail, deliver,

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or electronically transmit, whether by separate association

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mailing or included in another association mailing, delivery, or

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transmission, including regularly published newsletters, to each

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unit owner entitled to a vote, a first notice of the date of the

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election. Any unit owner or other eligible person desiring to be

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a candidate for the board must give written notice to the

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association not less than 40 days before a scheduled election.

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Together with the written notice and agenda as set forth in

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subparagraph 2., the association shall mail, deliver, or

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electronically transmit a second notice of the election to all

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unit owners entitled to vote therein, together with a ballot

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which shall list all candidates. Upon request of a candidate, the

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association shall include an information sheet, no larger than

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81/2 inches by 11 inches, which must be furnished by the

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candidate not less than 35 days before the election, to be

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included with the mailing, delivery, or transmission of the

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ballot, with the costs of mailing, delivery, or electronic

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transmission and copying to be borne by the association. The

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association is not liable for the contents of the information

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sheets prepared by the candidates. In order to reduce costs, the

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association may print or duplicate the information sheets on both

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sides of the paper. The division shall by rule establish voting

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procedures consistent with the provisions contained herein,

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including rules establishing procedures for giving notice by

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electronic transmission and rules providing for the secrecy of

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ballots. Elections shall be decided by a plurality of those

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ballots cast. There shall be no quorum requirement; however, at

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least 20 percent of the eligible voters must cast a ballot in

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order to have a valid election of members of the board. No unit

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owner shall permit any other person to vote his or her ballot,

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and any such ballots improperly cast shall be deemed invalid,

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provided any unit owner who violates this provision may be fined

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by the association in accordance with s. 718.303. A unit owner

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who needs assistance in casting the ballot for the reasons stated

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in s. 101.051 may obtain assistance in casting the ballot. The

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regular election shall occur on the date of the annual meeting.

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The provisions of this subparagraph shall not apply to timeshare

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condominium associations. Notwithstanding the provisions of this

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subparagraph, an election is not required unless more candidates

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file notices of intent to run or are nominated than board

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vacancies exist.

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     b. Within 30 days after being elected to the board of

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directors, a new director shall certify in writing to the

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secretary of the association that he or she has read the

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association's declarations of covenants and restrictions,

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articles of incorporation, bylaws, and current written policies

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and that he or she will work to uphold each to the best of his or

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her ability and will faithfully discharge his or her fiduciary

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responsibility to the association's members. Failure to timely

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file this statement shall automatically disqualify the director

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from serving on the association's board of directors. The

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secretary shall cause the association to retain a director's

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certification for inspection by the members for 5 years after a

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director's election. Failure to have such certification on file

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does not affect the validity of any appropriate action.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 58 and 59

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and insert:

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board; requiring each new director to certify in writing

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to the secretary of the community association within a

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specified period of time after his or her election to the

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board of directors that he or she has read the

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association's relevant specified documents and will work

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to uphold each to the best of his or her ability;

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providing that the director will be automatically

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disqualified from serving on the association's board of

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directors for failing to timely file the certification;

4/23/2008  10:49:00 AM     24-08473-08