Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS for CS for SB 680 Barcode 772364 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Sachs moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 137 and 138 4 insert: 5 Section 2. Paragraph (c) of subsection (12) of section 6 718.111, Florida Statutes, is amended to read: 7 718.111 The association.— 8 (12) OFFICIAL RECORDS.— 9 (c) The official records of the association are open to 10 inspection by any association member or the authorized 11 representative of such member at all reasonable times. The right 12 to inspect the records includes the right to make or obtain 13 copies, at the reasonable expense, if any, of the member. The 14 association may adopt reasonable rules regarding the frequency, 15 time, location, notice, and manner of record inspections and 16 copying. The failure of an association to provide the records 17 within 10 working days after receipt of a written request 18 creates a rebuttable presumption that the association willfully 19 failed to comply with this paragraph. A unit owner who is denied 20 access to official records is entitled to the actual damages or 21 minimum damages for the association’s willful failure to comply. 22 Minimum damages are $50 per calendar day for up to 10 days, 23 beginning on the 11th working day after receipt of the written 24 request. The failure to permit inspection entitles any person 25 prevailing in an enforcement action to recover reasonable 26 attorney’s fees from the person in control of the records who, 27 directly or indirectly, knowingly denied access to the records. 28 Any person who knowingly or intentionally defaces or destroys 29 accounting records that are required by this chapter to be 30 maintained during the period for which such records are required 31 to be maintained, or who knowingly or intentionally fails to 32 create or maintain accounting records that are required to be 33 created or maintained, with the intent of causing harm to the 34 association or one or more of its members, is personally subject 35 to a civil penalty pursuant to s. 718.501(1)(d). The association 36 shall maintain an adequate number of copies of the declaration, 37 articles of incorporation, bylaws, and rules, and all amendments 38 to each of the foregoing, as well as the question and answer 39 sheet as described in s. 718.504 and year-end financial 40 information required under this section, on the condominium 41 property to ensure their availability to unit owners and 42 prospective purchasers, and may charge its actual costs for 43 preparing and furnishing these documents to those requesting the 44 documents. Notwithstanding this paragraph, the following records 45 are not accessible to unit owners: 46 1. Any record protected by the lawyer-client privilege as 47 described in s. 90.502 and any record protected by the work 48 product privilege, including a record prepared by an association 49 attorney or prepared at the attorney’s express direction, which 50 reflects a mental impression, conclusion, litigation strategy, 51 or legal theory of the attorney or the association, and which 52 was prepared exclusively for civil or criminal litigation or for 53 adversarial administrative proceedings, or which was prepared in 54 anticipation of such litigation or proceedings until the 55 conclusion of the litigation or proceedings. 56 2. Information obtained by an association in connection 57 with the approval of the lease, sale, or other transfer of a 58 unit. 59 3. Personnel records of association or management company 60 employees, including, but not limited to, disciplinary, payroll, 61 health, and insurance records. For purposes of this 62 subparagraph, the term “personnel records” does not include 63 written employment agreements with an association employee or 64 management company, or budgetary or financial records that 65 indicate the compensation paid to an association employee. 66 4. Medical records of unit owners. 67 5. Social security numbers, driver’s license numbers, 68 credit card numbers, e-mail addresses, telephone numbers, 69 facsimile numbers, emergency contact information, addresses of a 70 unit owner other than as provided to fulfill the association’s 71 notice requirements, and other personal identifying information 72 of any person, excluding the person’s name, unit designation, 73 mailing address, property address, and any address, e-mail 74 address, or facsimile number provided to the association to 75 fulfill the association’s notice requirements. However, an owner 76 may consent in writing to the disclosure of protected 77 information described in this subparagraph. 78 a. An association may publish a directory that includes the 79 name, address, telephone number, and unit number for unit 80 owners. Unit owners may be included in the directory if the 81 inclusion of the information is authorized by the board of 82 administration. Upon approval by the board, each unit owner 83 shall be notified in writing of the board’s action. The unit 84 owner has 30 days to file a written objection only to the 85 inclusion of his or her telephone number. The directory may not 86 be published until after the 30-day objection period has 87 expired. The telephone number of a unit owner who objects may 88 not be included in the directory. 89 b. The association is not liable for the inadvertent 90 disclosure of information that is protected under this 91 subparagraph if the information is included in an official 92 record of the association and is voluntarily provided by an 93 owner and not requested by the association. 94 6. Electronic security measures that are used by the 95 association to safeguard data, including passwords. 96 7. The software and operating system used by the 97 association which allow the manipulation of data, even if the 98 owner owns a copy of the same software used by the association. 99 The data is part of the official records of the association. 100 101 ================= T I T L E A M E N D M E N T ================ 102 And the title is amended as follows: 103 Between lines 4 and 5 104 insert: 105 718.111, F.S.; providing for the publication of a 106 directory of unit owners if approved by the board; 107 amending s.