Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1178 Ì517192.Î517192 LEGISLATIVE ACTION Senate . House Comm: WD . 01/22/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Osgood) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 2210 and 2211 4 insert: 5 Section 14. Section 718.128, Florida Statutes, is amended 6 to read: 7 718.128 Electronic voting.—The association may conduct 8 elections and other unit owner votes through an Internet-based 9 online voting system if a unit owner consents, electronically or 10 in writing, to online voting and if the following requirements 11 are met: 12 (1) The association provides each unit owner with: 13 (a) A method to authenticate the unit owner’s identity to 14 the online voting system. 15 (b) For elections of the board, a method to transmit an 16 electronic ballot to the online voting system that ensures the 17 secrecy and integrity of each ballot. 18 (c) A method to confirm, at least 14 days before the voting 19 deadline, that the unit owner’s electronic device can 20 successfully communicate with the online voting system. 21 (2) The association uses an online voting system that is: 22 (a) Able to authenticate the unit owner’s identity. 23 (b) Able to authenticate the validity of each electronic 24 vote to ensure that the vote is not altered in transit. 25 (c) Able to transmit a receipt from the online voting 26 system to each unit owner who casts an electronic vote. 27 (d) For elections of the board of administration, able to 28 permanently separate any authentication or identifying 29 information from the electronic election ballot, rendering it 30 impossible to tie an election ballot to a specific unit owner. 31 (e) Able to store and keep electronic votes accessible to 32 election officials for recount, inspection, and review purposes. 33 (3) A unit owner voting electronically pursuant to this 34 section shall be counted as being in attendance at the meeting 35 for purposes of determining a quorum. A substantive vote of the 36 unit owners may not be taken on any issue other than the issues 37 specifically identified in the electronic vote, when a quorum is 38 established based on unit owners voting electronically pursuant 39 to this section. 40 (4) This section applies to an association that provides 41 for and authorizes an online voting system pursuant to this 42 section by a board resolution. The board resolution must provide 43 that unit owners receive notice of the opportunity to vote 44 through an online voting system, must establish reasonable 45 procedures and deadlines for unit owners to consent, 46 electronically or in writing, to online voting, and must 47 establish reasonable procedures and deadlines for unit owners to 48 opt out of online voting after giving consent. Written notice of 49 a meeting at which the resolution will be considered must be 50 mailed, delivered, or electronically transmitted to the unit 51 owners and posted conspicuously on the condominium property or 52 association property at least 14 days before the meeting. 53 Evidence of compliance with the 14-day notice requirement must 54 be made by an affidavit executed by the person providing the 55 notice and filed with the official records of the association. 56 (5) A unit owner’s consent to online voting is valid until 57 the unit owner opts out of online voting according to the 58 procedures established by the board of administration pursuant 59 to subsection (4). 60 (6) This section may apply to any matter that requires a 61 vote of the unit owners who are not members of a timeshare 62 condominium association. 63 64 Between lines 2912 and 2913 65 insert: 66 Section 22. Section 719.129, Florida Statutes, is amended 67 to read: 68 719.129 Electronic voting.—The association may conduct 69 elections and other unit owner votes through an Internet-based 70 online voting system if a unit owner consents, electronically or 71 in writing, to online voting and if the following requirements 72 are met: 73 (1) The association provides each unit owner with: 74 (a) A method to authenticate the unit owner’s identity to 75 the online voting system. 76 (b) For elections of the board, a method to transmit an 77 electronic ballot to the online voting system that ensures the 78 secrecy and integrity of each ballot. 79 (c) A method to confirm, at least 14 days before the voting 80 deadline, that the unit owner’s electronic device can 81 successfully communicate with the online voting system. 82 (2) The association uses an online voting system that is: 83 (a) Able to authenticate the unit owner’s identity. 84 (b) Able to authenticate the validity of each electronic 85 vote to ensure that the vote is not altered in transit. 86 (c) Able to transmit a receipt from the online voting 87 system to each unit owner who casts an electronic vote. 88 (d) For elections of the board of administration, able to 89 permanently separate any authentication or identifying 90 information from the electronic election ballot, rendering it 91 impossible to tie an election ballot to a specific unit owner. 92 (e) Able to store and keep electronic votes accessible to 93 election officials for recount, inspection, and review purposes. 94 (3) A unit owner voting electronically pursuant to this 95 section shall be counted as being in attendance at the meeting 96 for purposes of determining a quorum. A substantive vote of the 97 unit owners may not be taken on any issue other than the issues 98 specifically identified in the electronic vote, when a quorum is 99 established based on unit owners voting electronically pursuant 100 to this section. 101 (4) This section applies to an association that provides 102 for and authorizes an online voting system pursuant to this 103 section by a board resolution. The board resolution must provide 104 that unit owners receive notice of the opportunity to vote 105 through an online voting system, must establish reasonable 106 procedures and deadlines for unit owners to consent, 107 electronically or in writing, to online voting, and must 108 establish reasonable procedures and deadlines for unit owners to 109 opt out of online voting after giving consent. Written notice of 110 a meeting at which the resolution will be considered must be 111 mailed, delivered, or electronically transmitted to the unit 112 owners and posted conspicuously on the condominium property or 113 association property at least 14 days before the meeting. 114 Evidence of compliance with the 14-day notice requirement must 115 be made by an affidavit executed by the person providing the 116 notice and filed with the official records of the association. 117 (5) A unit owner’s consent to online voting is valid until 118 the unit owner opts out of online voting pursuant to the 119 procedures established by the board of administration pursuant 120 to subsection (4). 121 (6) This section may apply to any matter that requires a 122 vote of the unit owners who are not members of a timeshare 123 cooperative association. 124 125 ================= T I T L E A M E N D M E N T ================ 126 And the title is amended as follows: 127 Delete line 162 128 and insert: 129 changes made by the act; amending s. 718.128, F.S.; 130 authorizing a condominium association to conduct 131 elections and other unit owner votes through an online 132 voting system if a unit owner consents, either 133 electronically or in writing, to online voting; 134 revising applicability; amending s. 718.301, F.S.; 135 136 Between lines 199 and 200 137 insert: 138 amending s. 719.129, F.S.; authorizing cooperative 139 associations to conduct elections and other unit owner 140 votes through an online voting system if a unit owner 141 consents, either electronically or in writing, to 142 online voting; revising applicability;