Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1178
       
       
       
       
       
       
                                Ì582326*Î582326                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/22/2024           .                                
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       The Committee on Regulated Industries (Osgood) recommended the
       following:
       
    1         Senate Amendment to Amendment (585928) (with title
    2  amendment)
    3  
    4         Between lines 2100 and 2101
    5  insert:
    6         Section 14. Section 718.128, Florida Statutes, is amended
    7  to read:
    8         718.128 Electronic voting.—The association may conduct
    9  elections and other unit owner votes through an Internet-based
   10  online voting system if a unit owner consents, electronically or
   11  in writing, to online voting and if the following requirements
   12  are met:
   13         (1) The association provides each unit owner with:
   14         (a) A method to authenticate the unit owner’s identity to
   15  the online voting system.
   16         (b) For elections of the board, a method to transmit an
   17  electronic ballot to the online voting system that ensures the
   18  secrecy and integrity of each ballot.
   19         (c) A method to confirm, at least 14 days before the voting
   20  deadline, that the unit owner’s electronic device can
   21  successfully communicate with the online voting system.
   22         (2) The association uses an online voting system that is:
   23         (a) Able to authenticate the unit owner’s identity.
   24         (b) Able to authenticate the validity of each electronic
   25  vote to ensure that the vote is not altered in transit.
   26         (c) Able to transmit a receipt from the online voting
   27  system to each unit owner who casts an electronic vote.
   28         (d) For elections of the board of administration, able to
   29  permanently separate any authentication or identifying
   30  information from the electronic election ballot, rendering it
   31  impossible to tie an election ballot to a specific unit owner.
   32         (e) Able to store and keep electronic votes accessible to
   33  election officials for recount, inspection, and review purposes.
   34         (3) A unit owner voting electronically pursuant to this
   35  section shall be counted as being in attendance at the meeting
   36  for purposes of determining a quorum. A substantive vote of the
   37  unit owners may not be taken on any issue other than the issues
   38  specifically identified in the electronic vote, when a quorum is
   39  established based on unit owners voting electronically pursuant
   40  to this section.
   41         (4) This section applies to an association that provides
   42  for and authorizes an online voting system pursuant to this
   43  section by a board resolution. The board resolution must provide
   44  that unit owners receive notice of the opportunity to vote
   45  through an online voting system, must establish reasonable
   46  procedures and deadlines for unit owners to consent,
   47  electronically or in writing, to online voting, and must
   48  establish reasonable procedures and deadlines for unit owners to
   49  opt out of online voting after giving consent. Written notice of
   50  a meeting at which the resolution will be considered must be
   51  mailed, delivered, or electronically transmitted to the unit
   52  owners and posted conspicuously on the condominium property or
   53  association property at least 14 days before the meeting.
   54  Evidence of compliance with the 14-day notice requirement must
   55  be made by an affidavit executed by the person providing the
   56  notice and filed with the official records of the association.
   57         (5) A unit owner’s consent to online voting is valid until
   58  the unit owner opts out of online voting according to the
   59  procedures established by the board of administration pursuant
   60  to subsection (4).
   61         (6) This section may apply to any matter that requires a
   62  vote of the unit owners who are not members of a timeshare
   63  condominium association.
   64         Between lines 2807 and 2808
   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 3104
  128  and insert:
  129         act; amending s. 718.128, F.S.; authorizing a
  130         condominium association to conduct elections and other
  131         unit owner votes through an online voting system if a
  132         unit owner consents, either electronically or in
  133         writing, to online voting; revising applicability;
  134         amending s. 718.301, F.S.; revising items that
  135  
  136         Delete line 3143
  137  and insert:
  138         changes made by the act; amending s. 719.129, F.S.;
  139         authorizing cooperative associations to conduct
  140         elections and other unit owner votes through an online
  141         voting system if a unit owner consents, either
  142         electronically or in writing, to online voting;
  143         revising applicability; amending s. 719.301, F.S.;