Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1178
       
       
       
       
       
       
                                Ì517192.Î517192                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/22/2024           .                                
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       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;