| 1 | A bill to be entitled |
| 2 | An act relating to residential properties; amending s. |
| 3 | 514.011, F.S.; providing definitions; amending s. |
| 4 | 514.0115, F.S.; providing specified supervision and |
| 5 | regulation exemptions for homeowners' association swimming |
| 6 | pools; amending s. 515.25, F.S.; conforming a cross- |
| 7 | reference; creating s. 515.295, F.S.; providing |
| 8 | definitions; requiring residential pools and spas built |
| 9 | after a specified date to have certain features; amending |
| 10 | s. 720.303, F.S.; revising provisions relating to |
| 11 | homeowners' association board meetings, inspection and |
| 12 | copying of records, and reserve accounts of budgets; |
| 13 | prohibiting salary or compensation of certain association |
| 14 | personnel for certain duties; providing exceptions; |
| 15 | amending s. 720.305, F.S.; revising a lien restriction; |
| 16 | amending s. 720.306, F.S.; providing absentee ballot |
| 17 | voting requirements; requiring newly elected members of a |
| 18 | board of directors to make certain certifications in |
| 19 | writing to the association; providing for disqualification |
| 20 | for failure to make such certifications; requiring an |
| 21 | association to retain such certifications for a certain |
| 22 | time; amending s. 720.401, F.S.; revising certain |
| 23 | prospective parcel owner disclosure summary requirements; |
| 24 | requiring the department to apply for and implement a |
| 25 | federal grant for enforcing swimming pool safety |
| 26 | standards; requiring the Department of Health, the |
| 27 | Department of Community Affairs, and the Florida Building |
| 28 | Commission to assess state statutes and the Florida |
| 29 | Building Code to determine if changes are needed to comply |
| 30 | with federal standards pertaining to swimming pool and spa |
| 31 | safety; requiring the Department of Health to present the |
| 32 | assessment to the Legislature by a specified date; |
| 33 | providing effective dates. |
| 34 |
|
| 35 | Be It Enacted by the Legislature of the State of Florida: |
| 36 |
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| 37 | Section 1. Section 514.011, Florida Statutes, is amended |
| 38 | to read: |
| 39 | 514.011 Definitions.--As used in this chapter, the term: |
| 40 | (1) "Department" means the Department of Health. |
| 41 | (2) "Homeowners' association" means a homeowners' |
| 42 | association as defined in s. 720.301. |
| 43 | (3)(5) "Portable pool" means a pool or spa, and related |
| 44 | equipment systems of any kind, which is designed or intended to |
| 45 | be movable from location to location. |
| 46 | (4)(3) "Private pool" means a facility used only by an |
| 47 | individual, family, or living unit members and their guests |
| 48 | which does not serve any type of cooperative housing or joint |
| 49 | tenancy of five or more living units. |
| 50 | (5)(4) "Public bathing place" means a body of water, |
| 51 | natural or modified by humans, for swimming, diving, and |
| 52 | recreational bathing, together with adjacent shoreline or land |
| 53 | area, buildings, equipment, and appurtenances pertaining |
| 54 | thereto, used by consent of the owner or owners and held out to |
| 55 | the public by any person or public body, irrespective of whether |
| 56 | a fee is charged for the use thereof. The bathing water areas of |
| 57 | public bathing places include, but are not limited to, lakes, |
| 58 | ponds, rivers, streams, artificial impoundments, and waters |
| 59 | along the coastal and intracoastal beaches and shores of the |
| 60 | state. |
| 61 | (6)(2) "Public swimming pool" or "public pool" means a |
| 62 | watertight structure of concrete, masonry, or other approved |
| 63 | materials which is located either indoors or outdoors, used for |
| 64 | bathing or swimming by humans, and filled with a filtered and |
| 65 | disinfected water supply, together with buildings, |
| 66 | appurtenances, and equipment used in connection therewith. A |
| 67 | public swimming pool or public pool shall mean a conventional |
| 68 | pool, spa-type pool, wading pool, special purpose pool, or water |
| 69 | recreation attraction, to which admission may be gained with or |
| 70 | without payment of a fee and includes, but is not limited to, |
| 71 | pools operated by or serving camps, churches, cities, counties, |
| 72 | day care centers, group home facilities for eight or more |
| 73 | clients, health spas, institutions, parks, state agencies, |
| 74 | schools, subdivisions, or the cooperative living-type projects |
| 75 | of five or more living units, such as apartments, |
| 76 | boardinghouses, hotels, mobile home parks, motels, recreational |
| 77 | vehicle parks, and townhouses. |
| 78 | Section 2. Subsection (2) of section 514.0115, Florida |
| 79 | Statutes, is amended to read: |
| 80 | 514.0115 Exemptions from supervision or regulation; |
| 81 | variances.-- |
| 82 | (2)(a) Pools serving no more than 32 condominium or |
| 83 | cooperative units or 32 parcels governed by a homeowners' |
| 84 | association which are not operated as a public lodging |
| 85 | establishment shall be exempt from supervision under this |
| 86 | chapter, except for water quality. |
| 87 | (b) Pools serving condominium or cooperative associations |
| 88 | of more than 32 units or homeowners' associations of more than |
| 89 | 32 parcels and whose recorded documents prohibit the rental or |
| 90 | sublease of the units for periods of less than 60 days are |
| 91 | exempt from supervision under this chapter, except that the |
| 92 | homeowners' association or condominium or cooperative owner or |
| 93 | association must file applications with the department and |
| 94 | obtain construction plans approval and receive an initial |
| 95 | operating permit. The department shall inspect the swimming |
| 96 | pools at such places annually, at the fee set forth in s. |
| 97 | 514.033(3), or upon request by a unit owner, to determine |
| 98 | compliance with department rules relating to water quality and |
| 99 | lifesaving equipment. The department may not require compliance |
| 100 | with rules relating to swimming pool lifeguard standards. |
| 101 | Section 3. Subsection (9) of section 515.25, Florida |
| 102 | Statutes, is amended to read: |
| 103 | 515.25 Definitions.--As used in this chapter, the term: |
| 104 | (9) "Public swimming pool" means a swimming pool, as |
| 105 | defined in s. 514.011(6)(2), which is operated, with or without |
| 106 | charge, for the use of the general public; however, the term |
| 107 | does not include a swimming pool located on the grounds of a |
| 108 | private residence. |
| 109 | Section 4. Effective January 1, 2009, section 515.295, |
| 110 | Florida Statutes, is created to read: |
| 111 | 515.295 Residential swimming pool and spa drain-cover |
| 112 | safety.-- |
| 113 | (1) For purposes of this section, the term: |
| 114 | (a) "ASME/ANSI" as applied to a safety standard means a |
| 115 | standard that is accredited by the American National Standards |
| 116 | Institute and published by the American Society of Mechanical |
| 117 | Engineers. |
| 118 | (b) "Main drain" means a submerged suction outlet |
| 119 | typically located at the bottom of a swimming pool or spa to |
| 120 | conduct water to a recirculating pump. |
| 121 | (c) "Safety vacuum release system" means a vacuum release |
| 122 | system capable of providing vacuum release at a suction outlet |
| 123 | caused by a high vacuum occurrence due to a suction outlet flow |
| 124 | blockage. |
| 125 | (d) "Unblockable drain" means a drain of any size and |
| 126 | shape which a human body cannot sufficiently block to create a |
| 127 | suction-entrapment hazard. |
| 128 | (2) All residential swimming pools and spas constructed on |
| 129 | or after January 1, 2009, must have more than one drain, one or |
| 130 | more unblockable drains, or no main drain. |
| 131 | (3) All residential swimming pools and spas constructed on |
| 132 | or after January 1, 2009, must be equipped with one or more of |
| 133 | the following devices and systems designed to prevent entrapment |
| 134 | by the pool or spa drain: |
| 135 | (a) A safety vacuum release system that ceases operation |
| 136 | of the pump, reverses the circulation flow, or otherwise |
| 137 | provides a vacuum release at a suction outlet when a blockage is |
| 138 | detected. Such system must have been tested by an independent |
| 139 | third party and found to conform to ASME/ANSI standard |
| 140 | A112.19.17 or ASTM standard F2387. |
| 141 | (b) A suction-limiting vent system that has a tamper- |
| 142 | resistant atmospheric opening. |
| 143 | (c) A gravity drainage system that uses a collector tank. |
| 144 | (d) An automatic pump shut-off system. |
| 145 | (e) A device or system that disables the drain. |
| 146 | (f) Any other system determined by the department to be |
| 147 | equally effective as, or better than, the systems described in |
| 148 | this subsection at preventing or eliminating the risk of injury |
| 149 | or death associated with swimming pool and spa drainage systems. |
| 150 | (4) Any device or system described in subsection (3) must |
| 151 | meet the requirements of any ASME/ANSI or ASTM performance |
| 152 | standard, if there is such a standard for such a device or |
| 153 | system, or any applicable consumer product safety standard. |
| 154 | Section 5. Paragraph (b) of subsection (2), paragraphs (a) |
| 155 | and (c) of subsection (5), and paragraphs (b), (c), (d), (f), |
| 156 | and (g) of subsection (6) of section 720.303, Florida Statutes, |
| 157 | are amended, and subsection (12) is added to that section, to |
| 158 | read: |
| 159 | 720.303 Association powers and duties; meetings of board; |
| 160 | official records; budgets; financial reporting; association |
| 161 | funds; recalls.-- |
| 162 | (2) BOARD MEETINGS.-- |
| 163 | (b) Members have the right to attend all meetings of the |
| 164 | board and to speak on any matter placed on the agenda by |
| 165 | petition of the voting interests for at least 3 minutes. The |
| 166 | association may adopt written reasonable rules expanding the |
| 167 | right of members to speak and governing the frequency, duration, |
| 168 | and other manner of member statements, which rules must be |
| 169 | consistent with this paragraph and may include a sign-up sheet |
| 170 | for members wishing to speak. Notwithstanding any other law, the |
| 171 | requirement that board meetings and committee meetings be open |
| 172 | to the members is inapplicable to meetings between the board or |
| 173 | a committee to discuss proposed or pending litigation with and |
| 174 | the association's attorney, and with respect to meetings of the |
| 175 | board held for the purpose of discussing personnel matters. |
| 176 | (5) INSPECTION AND COPYING OF RECORDS.--The official |
| 177 | records shall be maintained within the state and must be open to |
| 178 | inspection and available for photocopying by members or their |
| 179 | authorized agents at reasonable times and places within 10 |
| 180 | business days after receipt of a written request for access. |
| 181 | This subsection may be complied with by having a copy of the |
| 182 | official records available for inspection or copying in the |
| 183 | community. If the association has a photocopy machine available |
| 184 | where the records are maintained, it must provide parcel owners |
| 185 | with copies on request during the inspection if the entire |
| 186 | request is limited to no more than 25 pages. |
| 187 | (a) The failure of an association to provide access to the |
| 188 | records within 10 business days after receipt of a written |
| 189 | request submitted by certified mail, return receipt requested, |
| 190 | creates a rebuttable presumption that the association willfully |
| 191 | failed to comply with this subsection. |
| 192 | (c) The association may adopt reasonable written rules |
| 193 | governing the frequency, time, location, notice, records to be |
| 194 | inspected, and manner of inspections, but may not impose a |
| 195 | requirement that a parcel owner demonstrate any proper purpose |
| 196 | for the inspection, state any reason for the inspection, or |
| 197 | limit a parcel owner's right to inspect records to less than one |
| 198 | 8-hour business day per month. The association may impose fees |
| 199 | to cover the costs of providing copies of the official records, |
| 200 | including, without limitation, the costs of copying. The |
| 201 | association may charge up to 50 cents per page for copies made |
| 202 | on the association's photocopier. If the association does not |
| 203 | have a photocopy machine available where the records are kept, |
| 204 | or if the records requested to be copied exceed 25 pages in |
| 205 | length, the association may have copies made by an outside |
| 206 | vendor or association management company personnel and may |
| 207 | charge the actual cost of copying, including any reasonable |
| 208 | costs involving personnel fees and charges at an hourly rate for |
| 209 | employee time to cover administrative costs to the association. |
| 210 | The association shall maintain an adequate number of copies of |
| 211 | the recorded governing documents, to ensure their availability |
| 212 | to members and prospective members. Notwithstanding the |
| 213 | provisions of this paragraph, the following records shall not be |
| 214 | accessible to members or parcel owners: |
| 215 | 1. Any record protected by the lawyer-client privilege as |
| 216 | described in s. 90.502 and any record protected by the work- |
| 217 | product privilege, including, but not limited to, any record |
| 218 | prepared by an association attorney or prepared at the |
| 219 | attorney's express direction which reflects a mental impression, |
| 220 | conclusion, litigation strategy, or legal theory of the attorney |
| 221 | or the association and was prepared exclusively for civil or |
| 222 | criminal litigation or for adversarial administrative |
| 223 | proceedings or which was prepared in anticipation of imminent |
| 224 | civil or criminal litigation or imminent adversarial |
| 225 | administrative proceedings until the conclusion of the |
| 226 | litigation or adversarial administrative proceedings. |
| 227 | 2. Information obtained by an association in connection |
| 228 | with the approval of the lease, sale, or other transfer of a |
| 229 | parcel. |
| 230 | 3. Disciplinary, health, insurance, and personnel records |
| 231 | of the association's employees. |
| 232 | 4. Medical records of parcel owners or community |
| 233 | residents. |
| 234 | (6) BUDGETS.-- |
| 235 | (b) In addition to annual operating expenses, the budget |
| 236 | may include reserve accounts for capital expenditures and |
| 237 | deferred maintenance for which the association is responsible. |
| 238 | To the extent that such reserve accounts are not created or |
| 239 | established pursuant to paragraph (d), funding of such reserves |
| 240 | shall be limited to the extent that the governing documents do |
| 241 | not limit increases in assessments, including reserves. If the |
| 242 | budget of the association includes reserve accounts created or |
| 243 | established pursuant to paragraph (d), such reserves shall be |
| 244 | determined, maintained, and waived in the manner provided in |
| 245 | this subsection. Once an association provides for reserve |
| 246 | accounts created or established pursuant to paragraph (d) in the |
| 247 | budget, the association shall thereafter determine, maintain, |
| 248 | and waive reserves in compliance with this subsection. Nothing |
| 249 | in this section precludes termination of a reserve account |
| 250 | established pursuant to this paragraph upon approval of a |
| 251 | majority of the voting interests of the association. Upon such |
| 252 | approval, the terminating reserve account shall be removed from |
| 253 | the budget. |
| 254 | (c)1. If the budget of the association does not provide |
| 255 | for reserve accounts created or established pursuant to |
| 256 | paragraph (d) governed by this subsection and the association is |
| 257 | responsible for the repair and maintenance of capital |
| 258 | improvements that may result in a special assessment if reserves |
| 259 | are not provided, each financial report for the preceding fiscal |
| 260 | year required by subsection (7) shall contain the following |
| 261 | statement in conspicuous type: THE BUDGET OF THE ASSOCIATION |
| 262 | DOES NOT PROVIDE FOR RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES |
| 263 | AND DEFERRED MAINTENANCE THAT MAY RESULT IN SPECIAL ASSESSMENTS. |
| 264 | OWNERS MAY ELECT TO PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO THE |
| 265 | PROVISIONS OF SECTION 720.303(6), FLORIDA STATUTES, UPON THE |
| 266 | APPROVAL OF NOT LESS THAN A MAJORITY OF THE TOTAL VOTING |
| 267 | INTERESTS OF THE ASSOCIATION ATTAINED BY VOTE OF THE MEMBERS AT |
| 268 | A MEETING OR BY WRITTEN CONSENT EXECUTED BY A MAJORITY OF THE |
| 269 | VOTING INTERESTS. |
| 270 | 2. If the budget of the association does provide for |
| 271 | funding of accounts for deferred expenditures, including, but |
| 272 | not limited to, funds for capital expenditures and deferred |
| 273 | maintenance, but such accounts are not created or established |
| 274 | pursuant to paragraph (d), each financial report for the |
| 275 | preceding fiscal year required by subsection (7) shall also |
| 276 | contain the following statement in conspicuous type: THE BUDGET |
| 277 | OF THE ASSOCIATION DOES PROVIDE FOR LIMITED VOLUNTARY DEFERRED |
| 278 | EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES AND |
| 279 | DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED IN |
| 280 | OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED TO |
| 281 | PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO THE PROVISIONS OF |
| 282 | SECTION 720.303(6), FLORIDA STATUTES, THESE FUNDS ARE NOT |
| 283 | SUBJECT TO THE RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN |
| 284 | THAT STATUTE, NOR ARE RESERVES CALCULATED IN ACCORDANCE WITH |
| 285 | THAT STATUTE. |
| 286 | (d) An association shall be deemed to have provided for |
| 287 | reserve accounts when reserve accounts have been initially |
| 288 | established by the developer or when the membership of the |
| 289 | association affirmatively elects to provide for reserves. If |
| 290 | reserve accounts are not initially provided for by the |
| 291 | developer, the membership of the association may elect to do so |
| 292 | upon the affirmative approval of not less than a majority of the |
| 293 | total voting interests of the association. Such approval may be |
| 294 | attained by vote of the members at a duly called meeting of the |
| 295 | membership or upon a written consent executed by not less than a |
| 296 | majority of the total voting interests in the community. The |
| 297 | approval action of the membership shall state that reserve |
| 298 | accounts shall be provided for in the budget and shall designate |
| 299 | the components for which the reserve accounts are to be |
| 300 | established. Upon approval by the membership, the board of |
| 301 | directors shall provide for the required reserve accounts for |
| 302 | inclusion in the budget in the next fiscal year following the |
| 303 | approval and in each year thereafter. Once established as |
| 304 | provided in this subsection, the reserve accounts shall be |
| 305 | funded or maintained or shall have their funding waived in the |
| 306 | manner provided in paragraph (f). |
| 307 | (f) After one or more Once a reserve account or reserve |
| 308 | accounts are established, the membership of the association, |
| 309 | upon a majority vote at a meeting at which a quorum is present, |
| 310 | may provide for no reserves or less reserves than required by |
| 311 | this section. If a meeting of the unit owners has been called to |
| 312 | determine whether to waive or reduce the funding of reserves and |
| 313 | no such result is achieved or a quorum is not present, the |
| 314 | reserves as included in the budget shall go into effect. After |
| 315 | the turnover, the developer may vote its voting interest to |
| 316 | waive or reduce the funding of reserves. Any vote taken pursuant |
| 317 | to this subsection to waive or reduce reserves shall be |
| 318 | applicable only to one budget year. |
| 319 | (g) Funding formulas for reserves authorized by this |
| 320 | section shall be based on either a separate analysis of each of |
| 321 | the required assets or a pooled analysis of two or more of the |
| 322 | required assets. |
| 323 | 1. If the association maintains separate reserve accounts |
| 324 | for each of the required assets, the amount of the contribution |
| 325 | to each reserve account shall be the sum of the following two |
| 326 | calculations: |
| 327 | a. The total amount necessary, if any, to bring a negative |
| 328 | component balance to zero. |
| 329 | b. The total estimated deferred maintenance expense or |
| 330 | estimated replacement cost of the reserve component less the |
| 331 | estimated balance of the reserve component as of the beginning |
| 332 | of the period for which the budget will be in effect. The |
| 333 | remainder, if greater than zero, shall be divided by the |
| 334 | estimated remaining useful life of the component. |
| 335 |
|
| 336 | The formula may be adjusted each year for changes in estimates |
| 337 | and deferred maintenance performed during the year and may |
| 338 | include factors such as inflation and earnings on invested |
| 339 | funds. |
| 340 | 2. If the association maintains a pooled account of two or |
| 341 | more of the required reserve assets, the amount of the |
| 342 | contribution to the pooled reserve account as disclosed on the |
| 343 | proposed budget shall not be less than that required to ensure |
| 344 | that the balance on hand at the beginning of the period for |
| 345 | which the budget will go into effect plus the projected annual |
| 346 | cash inflows over the remaining estimated useful life of all of |
| 347 | the assets that make up the reserve pool are equal to or greater |
| 348 | than the projected annual cash outflows over the remaining |
| 349 | estimated useful lives of all of the assets that make up the |
| 350 | reserve pool, based on the current reserve analysis. The |
| 351 | projected annual cash inflows may include estimated earnings |
| 352 | from investment of principal and accounts receivable minus the |
| 353 | allowance for doubtful accounts. The reserve funding formula |
| 354 | shall not include any type of balloon payments. |
| 355 | (12) COMPENSATION PROHIBITED.--A director, officer, or |
| 356 | committee member of the association may not receive directly or |
| 357 | indirectly any salary or compensation from the association for |
| 358 | performance of duties as a director, officer, or committee |
| 359 | member and such person may not in any other way benefit |
| 360 | financially from service to the association. This subsection |
| 361 | shall not be construed to preclude: |
| 362 | (a) Participation by such person in a financial benefit |
| 363 | accruing to all or a significant number of members as a result |
| 364 | of actions lawfully taken by the board or a committee of which |
| 365 | he or she is a member, including, but not limited to, routine |
| 366 | maintenance, repair, or replacement of community assets; |
| 367 | (b) Reimbursement for out-of-pocket expenses incurred by |
| 368 | such person on behalf of the association, subject to approval of |
| 369 | such reimbursement in accordance with procedures established by |
| 370 | the association's governing documents or, in the absence of such |
| 371 | procedures, in accordance with an approval process established |
| 372 | by the board; |
| 373 | (c) Any recovery of insurance proceeds derived from a |
| 374 | policy of insurance maintained by the association for the |
| 375 | benefit of its members; |
| 376 | (d) Any fee or compensation authorized in the governing |
| 377 | documents; or |
| 378 | (e) Any fee or compensation authorized in advance by a |
| 379 | vote of a majority of the voting interests voting in person or |
| 380 | by proxy at the meeting of the members. |
| 381 | Section 6. Subsection (2) of section 720.305, Florida |
| 382 | Statutes, are amended to read: |
| 383 | 720.305 Obligations of members; remedies at law or in |
| 384 | equity; levy of fines and suspension of use rights; failure to |
| 385 | fill sufficient number of vacancies on board of directors to |
| 386 | constitute a quorum; appointment of receiver upon petition of |
| 387 | any member.-- |
| 388 | (2) If the governing documents so provide, an association |
| 389 | may suspend, for a reasonable period of time, the rights of a |
| 390 | member or a member's tenants, guests, or invitees, or both, to |
| 391 | use common areas and facilities and may levy reasonable fines, |
| 392 | not to exceed $100 per violation, against any member or any |
| 393 | tenant, guest, or invitee. A fine may be levied on the basis of |
| 394 | each day of a continuing violation, with a single notice and |
| 395 | opportunity for hearing, except that no such fine shall exceed |
| 396 | $1,000 in the aggregate unless otherwise provided in the |
| 397 | governing documents. A fine of less than $1,000 shall not become |
| 398 | a lien against a parcel. In any action to recover a fine, the |
| 399 | prevailing party is entitled to collect its reasonable |
| 400 | attorney's fees and costs from the nonprevailing party as |
| 401 | determined by the court. |
| 402 | (a) A fine or suspension may not be imposed without notice |
| 403 | of at least 14 days to the person sought to be fined or |
| 404 | suspended and an opportunity for a hearing before a committee of |
| 405 | at least three members appointed by the board who are not |
| 406 | officers, directors, or employees of the association, or the |
| 407 | spouse, parent, child, brother, or sister of an officer, |
| 408 | director, or employee. If the committee, by majority vote, does |
| 409 | not approve a proposed fine or suspension, it may not be |
| 410 | imposed. |
| 411 | (b) The requirements of this subsection do not apply to |
| 412 | the imposition of suspensions or fines upon any member because |
| 413 | of the failure of the member to pay assessments or other charges |
| 414 | when due if such action is authorized by the governing |
| 415 | documents. |
| 416 | (c) Suspension of common-area-use rights shall not impair |
| 417 | the right of an owner or tenant of a parcel to have vehicular |
| 418 | and pedestrian ingress to and egress from the parcel, including, |
| 419 | but not limited to, the right to park. |
| 420 | Section 7. Subsections (8) and (9) of section 720.306, |
| 421 | Florida Statutes, are amended to read: |
| 422 | 720.306 Meetings of members; voting and election |
| 423 | procedures; amendments.-- |
| 424 | (8) PROXY VOTING.--The members have the right, unless |
| 425 | otherwise provided in this subsection or in the governing |
| 426 | documents, to vote in person or by proxy. |
| 427 | (a) To be valid, a proxy must be dated, must state the |
| 428 | date, time, and place of the meeting for which it was given, and |
| 429 | must be signed by the authorized person who executed the proxy. |
| 430 | A proxy is effective only for the specific meeting for which it |
| 431 | was originally given, as the meeting may lawfully be adjourned |
| 432 | and reconvened from time to time, and automatically expires 90 |
| 433 | days after the date of the meeting for which it was originally |
| 434 | given. A proxy is revocable at any time at the pleasure of the |
| 435 | person who executes it. If the proxy form expressly so provides, |
| 436 | any proxy holder may appoint, in writing, a substitute to act in |
| 437 | his or her place. |
| 438 | (b) If the governing documents permit voting by secret |
| 439 | ballot by owners who are not in attendance at a meeting of the |
| 440 | members for the election of directors, such ballots shall be |
| 441 | placed in an inner envelope with no identifying markings and |
| 442 | mailed or delivered to the association in an outer envelope |
| 443 | bearing identifying information reflecting the name of the |
| 444 | owner, the lot or parcel for which the vote is being cast, and |
| 445 | the signature of the lot or parcel owner casting that ballot. |
| 446 | After the eligibility of the member to vote and confirmation |
| 447 | that no other ballot has been submitted for that lot or parcel |
| 448 | has been determined, the inner envelope shall be removed from |
| 449 | the outer envelope bearing the identification information and |
| 450 | placed with the ballots which were personally cast and shall be |
| 451 | opened when the ballots are counted. In the event that more than |
| 452 | one ballot is submitted for a lot or parcel, the ballots for |
| 453 | that lot or parcel shall be disqualified. Any vote by ballot |
| 454 | received after the closing of the balloting by a vote of the |
| 455 | membership shall not be considered. |
| 456 | (9) ELECTIONS; BOARD MEMBER CERTIFICATION.-- |
| 457 | (a) Elections of directors must be conducted in accordance |
| 458 | with the procedures set forth in the governing documents of the |
| 459 | association. All members of the association shall be eligible to |
| 460 | serve on the board of directors, and a member may nominate |
| 461 | himself or herself as a candidate for the board at a meeting |
| 462 | where the election is to be held or, in the case of an election |
| 463 | process that allows voting by absentee ballot, in advance of the |
| 464 | balloting. Except as otherwise provided in the governing |
| 465 | documents, boards of directors must be elected by a plurality of |
| 466 | the votes cast by eligible voters. Any election dispute between |
| 467 | a member and an association must be submitted to mandatory |
| 468 | binding arbitration with the division. Such proceedings shall be |
| 469 | conducted in the manner provided by s. 718.1255 and the |
| 470 | procedural rules adopted by the division. |
| 471 | (b) Within 30 days after being elected to the board of |
| 472 | directors, a new director shall certify in writing to the |
| 473 | secretary of the association that he or she has read the |
| 474 | association's declarations of covenants and restrictions, |
| 475 | articles of incorporation, bylaws, and current written policies |
| 476 | and that he or she will work to uphold each to the best of his |
| 477 | or her ability and will faithfully discharge his or her |
| 478 | fiduciary responsibility to the association's members. Failure |
| 479 | to timely file such statement shall automatically disqualify the |
| 480 | director from service on the association's board of directors. |
| 481 | The secretary shall cause the association to retain a director's |
| 482 | certification for inspection by the membership of the |
| 483 | association for a period of 5 years after a director's election. |
| 484 | Failure to have such certification on file shall not affect the |
| 485 | validity of any appropriate action. |
| 486 | Section 8. Paragraph (a) of subsection (1) of section |
| 487 | 720.401, Florida Statutes, is amended to read: |
| 488 | 720.401 Prospective purchasers subject to association |
| 489 | membership requirement; disclosure required; covenants; |
| 490 | assessments; contract cancellation.-- |
| 491 | (1)(a) A prospective parcel owner in a community must be |
| 492 | presented a disclosure summary before executing the contract for |
| 493 | sale. The disclosure summary must be in a form substantially |
| 494 | similar to the following form: |
| 495 |
|
| 496 | DISCLOSURE SUMMARY |
| 497 | FOR |
| 498 | (NAME OF COMMUNITY) |
| 499 |
|
| 500 | 1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL |
| 501 | BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION. |
| 502 | 2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE |
| 503 | COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS |
| 504 | COMMUNITY. |
| 505 | 3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE |
| 506 | ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF |
| 507 | APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____. YOU WILL |
| 508 | ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE |
| 509 | ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. |
| 510 | IF APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____. |
| 511 | 4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE |
| 512 | RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL |
| 513 | ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. |
| 514 | 5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS |
| 515 | LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A |
| 516 | LIEN ON YOUR PROPERTY. |
| 517 | 6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES |
| 518 | FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN |
| 519 | OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF |
| 520 | APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____. |
| 521 | 7. IF THE ASSOCIATION IS STILL UNDER THE CONTROL OF THE |
| 522 | DEVELOPER, THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE |
| 523 | RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION |
| 524 | MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. |
| 525 | 8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE |
| 526 | ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU |
| 527 | SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING |
| 528 | DOCUMENTS BEFORE PURCHASING PROPERTY. |
| 529 | 9. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND |
| 530 | CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE |
| 531 | PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED |
| 532 | FROM THE DEVELOPER. |
| 533 | 10. THERE MAY BE AN OBLIGATION TO PAY ASSESSMENTS (TAXES |
| 534 | AND/OR FEES) TO A COMMUNITY DEVELOPMENT DISTRICT FOR THE PURPOSE |
| 535 | OF RETIRING BOND OBLIGATIONS USED TO CONSTRUCT INFRASTRUCTURE |
| 536 | AND/OR OTHER IMPROVEMENTS. |
| 537 | 11. YOU ARE JOINTLY AND SEVERALLY LIABLE WITH THE PREVIOUS |
| 538 | OWNER OF YOUR PROPERTY FOR ALL UNPAID ASSESSMENTS THAT BECAME |
| 539 | DUE UP TO THE TIME OF TRANSFER OF TITLE. |
| 540 |
|
| 541 | DATE: PURCHASER: |
| 542 | PURCHASER: |
| 543 | The disclosure must be supplied by the developer, or by the |
| 544 | parcel owner if the sale is by an owner that is not the |
| 545 | developer. Any contract or agreement for sale shall refer to and |
| 546 | incorporate the disclosure summary and shall include, in |
| 547 | prominent language, a statement that the potential buyer should |
| 548 | not execute the contract or agreement until they have received |
| 549 | and read the disclosure summary required by this section. |
| 550 | Section 9. The Department of Health shall apply for and |
| 551 | implement, if awarded, a federal grant for swimming pool and spa |
| 552 | safety standards education and enforcement under the State |
| 553 | Swimming Pool Safety Grant Program as established in 15 U.S.C. |
| 554 | s. 8004. To ensure the state's eligibility for the grant award, |
| 555 | the Department of Health, in coordination with the Department of |
| 556 | Community Affairs and the Florida Building Commission, shall |
| 557 | assess the Florida Statutes and the Florida Building Code to |
| 558 | determine if additional changes are necessary to ensure |
| 559 | compliance with federal standards regarding swimming pool and |
| 560 | spa safety. The Department of Health shall provide the |
| 561 | assessment to the Legislature by January 1, 2009. |
| 562 | Section 10. Except as otherwise expressly provided in this |
| 563 | act, this act shall take effect July 1, 2008. |