1 | Representative Robaina offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 278 and 279, insert: |
5 | Section 2. Paragraph (d) of subsection (1) of section |
6 | 718.115, Florida Statutes, is amended to read: |
7 | 718.115 Common expenses and common surplus.-- |
8 | (1) |
9 | (d) If so provided in the declaration, the cost of |
10 | communications services as defined in chapter 202, information |
11 | services, or Internet services a master antenna television |
12 | system or duly franchised cable television service obtained |
13 | pursuant to a bulk contract shall be deemed a common expense. If |
14 | the declaration does not provide for the cost of communications |
15 | services as defined in chapter 202, information services, or |
16 | Internet services a master antenna television system or duly |
17 | franchised cable television service obtained under a bulk |
18 | contract as a common expense, the board may enter into such a |
19 | contract, and the cost of the service will be a common expense |
20 | but allocated on a per-unit basis rather than a percentage basis |
21 | if the declaration provides for other than an equal sharing of |
22 | common expenses, and any contract entered into before July 1, |
23 | 1998, in which the cost of the service is not equally divided |
24 | among all unit owners, may be changed by vote of a majority of |
25 | the voting interests present at a regular or special meeting of |
26 | the association, to allocate the cost equally among all units. |
27 | The contract shall be for a term of not less than 2 years. |
28 | 1. Any contract made by the board after the effective date |
29 | hereof for communications services as defined in chapter 202, |
30 | information services, or Internet services a community antenna |
31 | system or duly franchised cable television service may be |
32 | canceled by a majority of the voting interests present at the |
33 | next regular or special meeting of the association. Any member |
34 | may make a motion to cancel the said contract, but if no motion |
35 | is made or if such motion fails to obtain the required majority |
36 | at the next regular or special meeting, whichever occurs is |
37 | sooner, following the making of the contract, then such contract |
38 | shall be deemed ratified for the term therein expressed. |
39 | 2. Any such contract shall provide, and shall be deemed to |
40 | provide if not expressly set forth, that any hearing-impaired or |
41 | legally blind unit owner who does not occupy the unit with a |
42 | non-hearing-impaired or sighted person, or any unit owner |
43 | receiving supplemental security income under Title XVI of the |
44 | Social Security Act or food stamps as administered by the |
45 | Department of Children and Family Services pursuant to s. |
46 | 414.31, may discontinue the cable or video service without |
47 | incurring disconnect fees, penalties, or subsequent service |
48 | charges, and, as to such units, the owners shall not be required |
49 | to pay any common expenses charge related to such service. If |
50 | fewer less than all members of an association share the expenses |
51 | of cable or video service television, the expense shall be |
52 | shared equally by all participating unit owners. The association |
53 | may use the provisions of s. 718.116 to enforce payment of the |
54 | shares of such costs by the unit owners receiving cable or video |
55 | service television. |
56 |
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57 | ----------------------------------------------------- |
58 | T I T L E A M E N D M E N T |
59 | Between lines 14 and 15, insert: |
60 | amending s. 718.115, F.S.; requiring that certain services |
61 | obtained pursuant to a bulk contract as provided in the |
62 | declaration be deemed a common expense; requiring that such |
63 | contracts contain certain provisions; authorizing the |
64 | cancellation of certain contracts; |