Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 27, 2nd Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (927562) (with title
    2  amendment)
    3  
    4         Delete lines 1342 - 1355
    5  and insert:
    6         (9) ELECTIONS; BOARD MEMBER CERTIFICATION.—
    7         (a) Elections of directors must be conducted in accordance
    8  with the procedures set forth in the governing documents of the
    9  association. All members of the association are shall be
   10  eligible to serve on the board of directors, and a member may
   11  nominate himself or herself as a candidate for the board at a
   12  meeting where the election is to be held or, if the election
   13  process allows voting by absentee ballot, in advance of the
   14  balloting. Except as otherwise provided in the governing
   15  documents, boards of directors must be elected by a plurality of
   16  the votes cast by eligible voters. Any election dispute between
   17  a member and an association must be submitted to mandatory
   18  binding arbitration with the division. Such proceedings shall be
   19  conducted in the manner provided in s. 720.507 by s. 718.1255
   20  and the procedural rules adopted by the division.
   21         (b) Within 90 days after being elected to the board, each
   22  newly elected director shall certify in writing to the secretary
   23  of the association that he or she has read the association’s
   24  declarations of covenants and restrictions, articles of
   25  incorporation, bylaws, and current written policies; that he or
   26  she will work to uphold such documents and policies to the best
   27  of his or her ability; and that he or she will faithfully
   28  discharge his or her fiduciary responsibility to the
   29  association’s members. Failure to timely file the written
   30  certification automatically disqualifies the director from
   31  service on the board. The secretary shall cause the association
   32  to retain a director’s written certification for inspection by
   33  the members for 5 years after a director’s election. Failure to
   34  have such written certification on file does not affect the
   35  validity of any appropriate action.
   36  
   37  ================= T I T L E  A M E N D M E N T ================
   38         And the title is amended as follows:
   39         Delete line 1948
   40  and insert:
   41         requirements for secret ballots; requiring newly
   42         elected board members to certify that he or she has or
   43         will perform certain activities; requiring the
   44         secretary of the association to retain a director’s
   45         certification; creating s. 720.315,