Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1178 Ì582326*Î582326 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/22/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.;