Florida Senate - 2022 SB 1296 By Senator Burgess 20-01608-22 20221296__ 1 A bill to be entitled 2 An act relating to the homeowners’ association 3 ombudsman; creating s. 720.319, F.S.; creating the 4 Office of the Homeowners’ Association Ombudsman within 5 the Division of Florida Condominiums, Timeshares, and 6 Mobile Homes of the Department of Business and 7 Professional Regulation; providing for funding of the 8 office; directing the Governor to appoint an 9 ombudsman; requiring the ombudsman to be an attorney 10 admitted to practice before the Florida Supreme Court; 11 prohibiting the ombudsman and officers and full-time 12 employees of the office from holding certain 13 positions, engaging in certain activities, or 14 receiving certain remuneration; providing for the 15 principal location of the ombudsman’s office; 16 authorizing the ombudsman to establish branch offices 17 under specified circumstances; specifying the powers 18 and duties of the ombudsman; providing for the 19 administration of an election monitoring process; 20 authorizing rulemaking for the division; providing 21 that a specified rule governs the administration of 22 election monitoring under certain circumstances; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 720.319, Florida Statutes, is created to 28 read: 29 720.319 Homeowners’ association ombudsman.— 30 (1) ADMINISTRATION; APPOINTMENT; LOCATION.— 31 (a) There is created an Office of the Homeowners’ 32 Association Ombudsman, to be located for administrative purposes 33 within the Division of Florida Condominiums, Timeshares, and 34 Mobile Homes. The functions of the office shall be funded by the 35 Division of Florida Condominiums, Timeshares, and Mobile Homes 36 Trust Fund. The ombudsman shall be a bureau chief of the 37 division, and the office shall be set within the division in the 38 same manner as any other bureau is staffed and funded. 39 (b) The Governor shall appoint the ombudsman. The ombudsman 40 must be an attorney admitted to practice before the Florida 41 Supreme Court and shall serve at the pleasure of the Governor. 42 The ombudsman, an officer, or a full-time employee of the 43 ombudsman’s office may not actively engage in any other business 44 or profession that directly or indirectly relates to or 45 conflicts with his or her work in the ombudsman’s office; serve 46 as the representative of any political party, executive 47 committee, or other governing body of a political party; serve 48 as an executive, officer, or employee of a political party; 49 receive remuneration for activities on behalf of any candidate 50 for public office; or engage in soliciting votes or other 51 activities on behalf of a candidate for public office. The 52 ombudsman, an officer, or a full-time employee of the 53 ombudsman’s office may not become a candidate for election to 54 public office unless he or she first resigns from his or her 55 office or employment. 56 (c) The ombudsman shall maintain his or her principal 57 office at a place convenient to the offices of the division 58 which will enable the ombudsman to expeditiously carry out the 59 duties and functions of his or her office. The ombudsman may 60 establish branch offices elsewhere in the state upon the 61 concurrence of the Governor. 62 (2) POWERS AND DUTIES.—The ombudsman has the powers 63 necessary to carry out the duties of his or her office, 64 including, but not limited to: 65 (a) Having access to and use of all files and records of 66 the division. 67 (b) Employing professional and clerical staff as necessary 68 for the efficient operation of the office. 69 (c) Preparing and issuing reports and recommendations to 70 the Governor, the department, the division, the President of the 71 Senate, and the Speaker of the House of Representatives on any 72 matter or subject within the jurisdiction of the division. The 73 ombudsman shall make recommendations he or she deems appropriate 74 for legislation relative to division procedures, rules, 75 jurisdiction, personnel, and functions. 76 (d) Acting as liaison between the division, parcel owners, 77 boards of directors, board members, community association 78 managers, and other affected parties. The ombudsman shall 79 develop policies and procedures to assist parcel owners, boards 80 of directors, board members, community association managers, and 81 other affected parties to understand their rights and 82 responsibilities as set forth in this chapter and the governing 83 documents of their respective associations. The ombudsman shall 84 coordinate and assist in the preparation and adoption of 85 educational and reference material, and shall endeavor to 86 coordinate with private or volunteer providers of these 87 services, so that the availability of these resources is made 88 known to the largest possible audience. 89 (e) Monitoring and reviewing procedures and disputes 90 concerning elections or meetings, including, but not limited to, 91 recommending that the division pursue enforcement action in any 92 manner if there is reasonable cause to believe that election 93 misconduct has occurred and reviewing secret ballots cast at a 94 vote of the association. 95 (f) Making recommendations to the division for changes in 96 rules and procedures for the filing, investigation, and 97 resolution of complaints filed by parcel owners, associations, 98 or managers. 99 (g) Providing resources to assist members of boards of 100 directors and officers of associations to carry out their powers 101 and duties consistent with this chapter, division rules, and the 102 governing documents of their associations. 103 (h) Encouraging and facilitating voluntary meetings between 104 parcel owners, boards of directors, board members, community 105 association managers, and other affected parties when the 106 meetings may assist in resolving a dispute within a homeowners’ 107 association before a person submits a dispute for a formal or 108 administrative remedy. It is the intent of the Legislature that 109 the ombudsman act as a neutral resource for both the rights and 110 responsibilities of parcel owners, associations, and board 111 members. 112 (i) Assisting with the resolution of disputes between 113 parcel owners and the association or between parcel owners when 114 the dispute is not within the jurisdiction of the division to 115 resolve. 116 (j) Appointing an election monitor. 117 (3) ELECTION MONITORING.— 118 (a) Fifteen percent of the total voting interests in a 119 homeowners’ association, or six parcel owners, whichever is 120 greater, may petition the ombudsman to appoint an election 121 monitor to attend the annual meeting of the parcel owners and 122 conduct the election of directors. 123 (b) The ombudsman shall appoint a division employee, a 124 person who specializes in homeowners’ association election 125 monitoring, or an attorney licensed to practice in the state as 126 the election monitor. 127 (c) All costs associated with the election monitoring 128 process shall be paid by the association. 129 (d) The division may adopt a rule establishing procedures 130 for the appointment of election monitors and the scope and 131 extent of the monitor’s role in the election process. If the 132 division does not adopt a rule, then, to the extent applicable, 133 rule 61B-23.00215, Florida Administrative Code, shall govern the 134 administration of election monitoring. 135 Section 2. This act shall take effect July 1, 2022.