| 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. Subsection (2) of section 718.1265, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 718.1265 Association emergency powers.-- |
| 8 | (2) The special powers authorized under subsection (1) |
| 9 | shall be limited to that time reasonably necessary to protect |
| 10 | the health, safety, and welfare of the association and the unit |
| 11 | owners and the unit owners' family members, tenants, guests, |
| 12 | agents, or invitees and shall be reasonably necessary to |
| 13 | mitigate further damage and make emergency repairs. |
| 14 | Additionally, unless 20 percent or more of the units are made |
| 15 | uninhabitable by the emergency, the special powers authorized |
| 16 | under subsection (1) shall only be exercised during the term of |
| 17 | the Governor's executive order or proclamation declaring the |
| 18 | state of emergency in the locale in which the condominium is |
| 19 | located. |
| 20 | Section 3. Subsection (3) of section 718.303, Florida |
| 21 | Statutes, is amended, and subsections (4) and (5) are added to |
| 22 | that section, to read: |
| 23 | 718.303 Obligations of owners; waiver; levy of fine |
| 24 | against unit by association.-- |
| 25 | (3) If a unit owner is delinquent for more than 90 days in |
| 26 | the payment of regular or special assessments or the declaration |
| 27 | or bylaws so provide, the association may suspend, for a |
| 28 | reasonable time, the right of a unit owner or a unit's occupant, |
| 29 | licensee, or invitee to use common elements, common facilities, |
| 30 | or any other association property. This subsection does not |
| 31 | apply to limited common elements intended to be used only by |
| 32 | that unit, common elements that must be used to access the unit, |
| 33 | utility services provided to the unit, parking spaces, or |
| 34 | elevators. The association may also levy reasonable fines |
| 35 | against a unit for the failure of the owner of the unit, or its |
| 36 | occupant, licensee, or invitee, to comply with any provision of |
| 37 | the declaration, the association bylaws, or reasonable rules of |
| 38 | the association. No fine will become a lien against a unit. A No |
| 39 | fine may not exceed $100 per violation. However, a fine may be |
| 40 | levied on the basis of each day of a continuing violation, with |
| 41 | a single notice and opportunity for hearing, provided that no |
| 42 | such fine shall in the aggregate exceed $1,000. A No fine may |
| 43 | not be levied and a suspension may not be imposed unless the |
| 44 | association first gives except after giving reasonable notice |
| 45 | and opportunity for a hearing to the unit owner and, if |
| 46 | applicable, its occupant, licensee, or invitee. The hearing must |
| 47 | be held before a committee of other unit owners who are neither |
| 48 | board members nor persons residing in a board member's |
| 49 | household. If the committee does not agree with the fine or |
| 50 | suspension, the fine or suspension may not be levied or imposed. |
| 51 | The provisions of this subsection do not apply to unoccupied |
| 52 | units. |
| 53 | (4) The notice and hearing requirements of subsection (3) |
| 54 | do not apply to the imposition of suspensions or fines against a |
| 55 | unit owner or a unit's occupant, licensee, or invitee because of |
| 56 | the failure to pay any amounts due the association. If such a |
| 57 | fine or suspension is imposed, the association must levy the |
| 58 | fine or impose a reasonable suspension at a properly noticed |
| 59 | board meeting, and after the imposition of such fine or |
| 60 | suspension, the association must notify the unit owner and, if |
| 61 | applicable, the unit's occupant, licensee, or invitee by mail or |
| 62 | hand delivery. |
| 63 | (5) If the declaration or bylaws so provide, an |
| 64 | association may also suspend the voting rights of a member due |
| 65 | to nonpayment of assessments, fines, or other charges payable to |
| 66 | the association which are delinquent in excess of 90 days |
| 67 |
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| 68 | ----------------------------------------------------- |
| 69 | T I T L E A M E N D M E N T |
| 70 | Remove line 15 and insert: |
| 71 | amending s. 718.1265, F.S.; limiting the exercise of specified |
| 72 | special powers unless a certain number of units are rendered |
| 73 | uninhabitable; amending s. 718.303, F.S.; revising provisions |
| 74 | relating to levy of fines; amending s. 720.303, F.S.; revising |
| 75 | provisions relating to |