Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1114
       
       
       
       
       
       
                                Ì578060ÉÎ578060                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/26/2023           .                                
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       The Committee on Fiscal Policy (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 42 - 188
    4  and insert:
    5         Section 2. Paragraph (g) of subsection (4) of section
    6  720.303, Florida Statutes, is amended, and paragraph (d) is
    7  added to subsection (8) of that section, to read:
    8         720.303 Association powers and duties; meetings of board;
    9  official records; budgets; financial reporting; association
   10  funds; recalls.—
   11         (4) OFFICIAL RECORDS.—The association shall maintain each
   12  of the following items, when applicable, which constitute the
   13  official records of the association:
   14         (g) A current roster of all members and their designated
   15  mailing addresses and parcel identifications. A member’s
   16  designated mailing address is the member’s property address,
   17  unless the member has sent written notice to the association
   18  requesting that a different mailing address be used for all
   19  required notices. The association shall also maintain the e-mail
   20  electronic mailing addresses and the facsimile numbers
   21  designated by members for receiving notice sent by electronic
   22  transmission of those members consenting to receive notice by
   23  electronic transmission. A member’s e-mail address is the e-mail
   24  address the member provided when consenting in writing to
   25  receiving notice by electronic transmission, unless the member
   26  has sent written notice to the association requesting that a
   27  different e-mail address be used for all required notices. The
   28  e-mail electronic mailing addresses and facsimile numbers
   29  provided by members unit owners to receive notice by electronic
   30  transmission must shall be removed from association records when
   31  the member revokes consent to receive notice by electronic
   32  transmission is revoked. However, the association is not liable
   33  for an erroneous disclosure of the e-mail electronic mail
   34  address or the facsimile number for receiving electronic
   35  transmission of notices.
   36         (8) ASSOCIATION FUNDS; COMMINGLING.—
   37         (d)If an association collects a deposit from a member for
   38  any reason, including to pay for expenses that may be incurred
   39  as a result of construction on a member’s parcel, such funds
   40  must be maintained separately and may not be comingled with any
   41  other association funds. Upon completion of the member’s
   42  construction project, or other reason for which the deposit was
   43  collected, the member may request an accounting from the
   44  association of his or her funds that were deposited, and the
   45  association must provide such accounting to the member within 7
   46  days after receiving the member’s request. An association must
   47  remit payment of any unused funds to the member within 30 days
   48  after receiving notice that the member’s construction project,
   49  or other reason for which the deposit was collected, is
   50  complete.
   51         Section 3. Subsections (3) and (4) of section 720.3033,
   52  Florida Statutes, are amended, and subsection (6) is added to
   53  that section, to read:
   54         720.3033 Officers and directors.—
   55         (3) An officer, a director, or a manager may not solicit,
   56  offer to accept, or accept any thing good or service of value
   57  for which consideration has not been provided for his or her
   58  benefit or for the benefit of a member of his or her immediate
   59  family from any person providing or proposing to provide goods
   60  or services to the association. An officer, a director, or a
   61  manager who knowingly solicits, offers to accept, or accepts any
   62  thing or service of value or kickback for which consideration
   63  has not been provided for his or her own benefit or that of his
   64  or her immediate family, from any person providing or proposing
   65  to provide goods or services to the association, is subject to
   66  monetary damages under s. 617.0834. If the board finds that an
   67  officer or a director has violated this subsection, the board
   68  shall immediately remove the officer or director from office.
   69  The vacancy shall be filled according to law until the end of
   70  the officer’s or director’s term of office. However, an officer,
   71  a director, or a manager may accept food to be consumed at a
   72  business meeting with a value of less than $25 per individual or
   73  a service or good received in connection with trade fairs or
   74  education programs.
   75         (4)(a) A director or an officer charged by information or
   76  indictment with any of the following crimes must be removed from
   77  office:
   78         1.Forgery of a ballot envelope or voting certificate used
   79  in a homeowners’ association election as provided in s. 831.01.
   80         2.Theft or embezzlement involving the association’s funds
   81  or property as provided in s. 812.014.
   82         3.Destruction of or the refusal to allow inspection or
   83  copying of an official record of a homeowners’ association which
   84  is accessible to parcel owners within the time periods required
   85  by general law, in furtherance of any crime. Such act
   86  constitutes tampering with physical evidence as provided in s.
   87  918.13.
   88         4.Obstruction of justice under chapter 843.
   89         (b)a felony theft or embezzlement offense involving the
   90  association’s funds or property is removed from office. The
   91  board shall fill the vacancy as provided in s. 720.306(9)
   92  according to general law until the end of the period of the
   93  suspension or the end of the director’s term of office,
   94  whichever occurs first. If such criminal charge is pending
   95  against the officer or director, he or she may not be appointed
   96  or elected to a position as an officer or a director of any
   97  association and may not have access to the official records of
   98  any association, except pursuant to a court order. However, if
   99  the charges are resolved without a finding of guilt or without
  100  acceptance of a plea of guilty or nolo contendere, the director
  101  or officer shall be reinstated for any remainder of his or her
  102  term of office. A member who has such criminal charges pending
  103  may not be appointed or elected to a position as a director or
  104  officer.
  105         (6)(a)Directors and officers of an association who are
  106  appointed by the developer must disclose to the association
  107  their relationship to the developer each calendar year in which
  108  they serve as a director or an officer. Directors and officers
  109  appointed by the developer must disclose any other activity that
  110  may reasonably be construed to be a conflict of interest
  111  pursuant to paragraph (b). A developer’s appointment of an
  112  officer or director does not create a presumption that the
  113  officer or director has a conflict of interest with regard to
  114  the performance of his or her official duties.
  115  
  116  ================= T I T L E  A M E N D M E N T ================
  117  And the title is amended as follows:
  118         Delete lines 4 - 21
  119  and insert:
  120         an association to maintain designated addresses as
  121         official records; specifying what constitutes a
  122         designated address; conforming provisions to changes
  123         made by the act; prohibiting certain funds from being
  124         comingled with other association funds; authorizing a
  125         member to request an accounting from an association
  126         under certain circumstances; requiring an association
  127         to provide such accounting and remit unused funds to
  128         the member within specified timeframes; amending s.
  129         720.3033, F.S.; providing civil penalties for certain
  130         actions by officers, directors, or managers of an
  131         association; revising the circumstances under which a
  132         director or an officer must be removed from office
  133         after being charged by information or indictment;
  134         prohibiting such officers and directors with pending
  135         criminal charges from accessing the official records
  136         of any association; providing an exception; specifying
  137         that the appointment of officers or directors by a
  138         developer does not create a presumption of a conflict
  139         of interest for such officers or directors; requiring
  140         directors and