Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 1203
       
       
       
       
       
       
                                Ì174480(Î174480                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/06/2024 09:27 AM       .                                
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       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 468.4334, Florida Statutes, is amended
    6  to read:
    7         468.4334 Professional practice standards; liability;
    8  requirements for community association managers, management
    9  firms.—
   10         (1)(a) A community association manager or a community
   11  association management firm is deemed to act as agent on behalf
   12  of a community association as principal within the scope of
   13  authority authorized by a written contract or under this
   14  chapter. A community association manager and a community
   15  association management firm shall discharge duties performed on
   16  behalf of the association as authorized by this chapter loyally,
   17  skillfully, and diligently; dealing honestly and fairly; in good
   18  faith; with care and full disclosure to the community
   19  association; accounting for all funds; and not charging
   20  unreasonable or excessive fees.
   21         (b) If a community association manager or a community
   22  association management firm has a contract with a community
   23  association that is subject to s. 553.899, the community
   24  association manager or the community association management firm
   25  must comply with that section as directed by the board.
   26         (2)(a) A contract between a community association and a
   27  community association manager or a contract between a community
   28  association and a community association management firm may
   29  provide that the community association indemnifies and holds
   30  harmless the community association manager and the community
   31  association management firm for ordinary negligence resulting
   32  from the manager or management firm’s act or omission that is
   33  the result of an instruction or direction of the community
   34  association. This paragraph does not preclude any other
   35  negotiated indemnity or hold harmless provision.
   36         (b) Indemnification under paragraph (a) may not cover any
   37  act or omission that violates a criminal law; derives an
   38  improper personal benefit, either directly or indirectly; is
   39  grossly negligent; or is reckless, is in bad faith, is with
   40  malicious purpose, or is in a manner exhibiting wanton and
   41  willful disregard of human rights, safety, or property.
   42         (3)A community association manager or a community
   43  association management firm that is authorized by contract to
   44  provide community association management services to a
   45  homeowners’ association shall do all of the following:
   46         (a)Attend, in person, at least one member meeting or board
   47  meeting of the homeowners’ association annually.
   48         (b)Provide to the members of the homeowners’ association
   49  the name of and contact information for each community
   50  association manager or representative of the community
   51  association management firm assigned to the homeowners’
   52  association, the manager’s or representative’s hours of
   53  availability, and a summary of the duties for which the manager
   54  or representative is responsible. The homeowners’ association
   55  shall also post this information on the association’s website or
   56  the application required under s. 720.303(4)(b). The community
   57  association manager or community association management firm
   58  shall notify the homeowners’ association and its members within
   59  14 business days after any change to such information.
   60         (c)Upon request, provide to any member a copy of the
   61  contract between the community association manager or community
   62  association management firm and the homeowners’ association and
   63  keep such contract as an official record of the association.
   64         Section 2. Section 468.4337, Florida Statutes, is amended
   65  to read:
   66         468.4337 Continuing education.—The department may not renew
   67  a license until the licensee submits proof that the licensee has
   68  completed the requisite hours of continuing education. No more
   69  than 10 hours of continuing education annually shall be required
   70  for renewal of a license. The number of continuing education
   71  hours, criteria, and course content must shall be approved by
   72  the council by rule. The council may not require more than 10
   73  hours of continuing education annually for renewal of a license.
   74  A community association manager who provides community
   75  association management services to a homeowners’ association
   76  must biennially complete at least 5 hours of continuing
   77  education that pertains specifically to homeowners’
   78  associations, 3 hours of which must relate to recordkeeping.
   79         Section 3. Subsections (4) and (5), paragraph (f) of
   80  subsection (6), and paragraphs (a) and (d) of subsection (7) of
   81  section 720.303, Florida Statutes, are amended, and subsection
   82  (13) is added to that section, to read:
   83         720.303 Association powers and duties; meetings of board;
   84  official records; budgets; financial reporting; association
   85  funds; recalls.—
   86         (4) OFFICIAL RECORDS.—
   87         (a) The association shall maintain each of the following
   88  items, when applicable, for at least 7 years, unless the
   89  governing documents of the association require a longer period
   90  of time, which constitute the official records of the
   91  association:
   92         1.(a) Copies of any plans, specifications, permits, and
   93  warranties related to improvements constructed on the common
   94  areas or other property that the association is obligated to
   95  maintain, repair, or replace.
   96         2.(b) A copy of the bylaws of the association and of each
   97  amendment to the bylaws.
   98         3.(c) A copy of the articles of incorporation of the
   99  association and of each amendment thereto.
  100         4.(d) A copy of the declaration of covenants and a copy of
  101  each amendment thereto.
  102         5.(e) A copy of the current rules of the homeowners’
  103  association.
  104         6.(f) The minutes of all meetings of the board of directors
  105  and of the members, which minutes must be retained for at least
  106  7 years.
  107         7.(g) A current roster of all members and their designated
  108  mailing addresses and parcel identifications. A member’s
  109  designated mailing address is the member’s property address,
  110  unless the member has sent written notice to the association
  111  requesting that a different mailing address be used for all
  112  required notices. The association shall also maintain the e-mail
  113  addresses and the facsimile numbers designated by members for
  114  receiving notice sent by electronic transmission of those
  115  members consenting to receive notice by electronic transmission.
  116  A member’s e-mail address is the e-mail address the member
  117  provided when consenting in writing to receiving notice by
  118  electronic transmission, unless the member has sent written
  119  notice to the association requesting that a different e-mail
  120  address be used for all required notices. The e-mail addresses
  121  and facsimile numbers provided by members to receive notice by
  122  electronic transmission must be removed from association records
  123  when the member revokes consent to receive notice by electronic
  124  transmission. However, the association is not liable for an
  125  erroneous disclosure of the e-mail address or the facsimile
  126  number for receiving electronic transmission of notices.
  127         8.(h) All of the association’s insurance policies or a copy
  128  thereof, which policies must be retained for at least 7 years.
  129         9.(i) A current copy of all contracts to which the
  130  association is a party, including, without limitation, any
  131  management agreement, lease, or other contract under which the
  132  association has any obligation or responsibility. Bids received
  133  by the association for work to be performed are must also be
  134  considered official records and must be kept for a period of 1
  135  year.
  136         10.(j) The financial and accounting records of the
  137  association, kept according to good accounting practices. All
  138  financial and accounting records must be maintained for a period
  139  of at least 7 years. The financial and accounting records must
  140  include:
  141         a.1. Accurate, itemized, and detailed records of all
  142  receipts and expenditures.
  143         b.2. A current account and a periodic statement of the
  144  account for each member, designating the name and current
  145  address of each member who is obligated to pay assessments, the
  146  due date and amount of each assessment or other charge against
  147  the member, the date and amount of each payment on the account,
  148  and the balance due.
  149         c.3. All tax returns, financial statements, and financial
  150  reports of the association.
  151         d.4. Any other records that identify, measure, record, or
  152  communicate financial information.
  153         11.(k) A copy of the disclosure summary described in s.
  154  720.401(1).
  155         12.(l) Ballots, sign-in sheets, voting proxies, and all
  156  other papers and electronic records relating to voting by parcel
  157  owners, which must be maintained for at least 1 year after the
  158  date of the election, vote, or meeting.
  159         13.(m) All affirmative acknowledgments made pursuant to s.
  160  720.3085(3)(c)3.
  161         14.(n) All other written records of the association not
  162  specifically included in this subsection which are related to
  163  the operation of the association.
  164         (b)1.By January 1, 2025, an association with 100 or more
  165  parcels shall post a current digital copy of the documents
  166  specified in subparagraph 3. on its website or make such
  167  documents available through an application that can be
  168  downloaded on a mobile device.
  169         2.The association’s website or application must be
  170  accessible through the Internet and must contain a subpage, web
  171  portal, or other protected electronic location that is
  172  inaccessible to the general public and accessible only to parcel
  173  owners and employees of the association.
  174         3. A current copy of the following documents must be posted
  175  in digital format on the association’s website or application:
  176         a. The articles of incorporation of the association and
  177  each amendment thereto.
  178         b. The recorded bylaws of the association and each
  179  amendment thereto.
  180         c. The declaration of covenants and a copy of each
  181  amendment thereto.
  182         d. The current rules of the association.
  183         e. A list of all current executory contracts or documents
  184  to which the association is a party or under which the
  185  association or the unit owners have an obligation or
  186  responsibility and, after bidding for the related materials,
  187  equipment, or services has closed, a list of bids received by
  188  the association within the past year.
  189         f. The annual budget required by subsection (6) and any
  190  proposed budget to be considered at the annual meeting.
  191         g. The financial report required by subsection (7) and any
  192  monthly income or expense statement to be considered at a
  193  meeting.
  194         h. The association’s current insurance policies.
  195         i. The certification of each director required by s.
  196  720.3033(1)(a).
  197         j. All contracts or transactions between the association
  198  and any director, officer, corporation, firm, or association
  199  that is not an affiliated homeowners’ association or any other
  200  entity in which an association director is also a director or
  201  officer and financially interested.
  202         k. Any contract or document regarding a conflict of
  203  interest or possible conflict of interest as provided in ss.
  204  468.436(2)(b)6. and 720.3033(2).
  205         l. Notice of any meeting of members and the agenda for the
  206  meeting, as required by s. 720.306, no later than 14 days before
  207  the meeting. The notice must be posted in plain view on the
  208  homepage of the website or application, or on a separate subpage
  209  of the website or application labeled “Notices” which is
  210  conspicuously visible and linked from the homepage. The
  211  association must also post on its website or application any
  212  document to be considered and voted on by the owners during the
  213  meeting or any document listed on the agenda at least 7 days
  214  before the meeting at which the document or the information
  215  within the document will be considered.
  216         m. Notice of any board meeting, the agenda, and any other
  217  document required for the meeting as required by subsection (3),
  218  which must be posted no later than the date required for notice
  219  under subsection (3).
  220         4.Upon written request by a parcel owner, the association
  221  must provide the parcel owner with a username and password and
  222  access to the protected sections of the association’s website or
  223  application which contains the official documents of the
  224  association.
  225         5.The association shall ensure that the information and
  226  records described in paragraph (5)(d) which are not allowed to
  227  be accessible to parcel owners are not posted on the
  228  association’s website or application. If protected information
  229  or information restricted from being accessible to parcel owners
  230  is included in documents that are required to be posted on the
  231  association’s website or application, the association must
  232  ensure the information is redacted before posting the documents.
  233  Notwithstanding the foregoing, the association or its authorized
  234  agent is not liable for disclosing information that is protected
  235  or restricted under paragraph (5)(d) unless such disclosure was
  236  made with a knowing or intentional disregard of the protected or
  237  restricted nature of such information.
  238         (c)The association shall adopt written rules governing the
  239  method or policy by which the official records of the
  240  association are to be retained and for how long such records
  241  must be retained pursuant to paragraph (a). Such information
  242  must be made available to the parcel owners through the
  243  association’s website or application.
  244         (5) INSPECTION AND COPYING OF RECORDS.—
  245         (a) Unless otherwise provided by law or the governing
  246  documents of the association, the official records shall be
  247  maintained within the state for at least 7 years and must shall
  248  be made available to a parcel owner for inspection or
  249  photocopying within 45 miles of the community or within the
  250  county in which the association is located within 10 business
  251  days after receipt by the board or its designee of a written
  252  request. This subsection may be complied with by having a copy
  253  of the official records available for inspection or copying in
  254  the community or, at the option of the association, by making
  255  the records available to a parcel owner electronically via the
  256  Internet or by allowing the records to be viewed in electronic
  257  format on a computer screen and printed upon request. If the
  258  association has a photocopy machine available where the records
  259  are maintained, it must provide parcel owners with copies on
  260  request during the inspection if the entire request is limited
  261  to no more than 25 pages. An association shall allow a member or
  262  his or her authorized representative to use a portable device,
  263  including a smartphone, tablet, portable scanner, or any other
  264  technology capable of scanning or taking photographs, to make an
  265  electronic copy of the official records in lieu of the
  266  association’s providing the member or his or her authorized
  267  representative with a copy of such records. The association may
  268  not charge a fee to a member or his or her authorized
  269  representative for the use of a portable device.
  270         (b)(a) The failure of an association to provide access to
  271  the records within 10 business days after receipt of a written
  272  request submitted by certified mail, return receipt requested,
  273  creates a rebuttable presumption that the association willfully
  274  failed to comply with this subsection.
  275         (c)(b) A member who is denied access to official records is
  276  entitled to the actual damages or minimum damages for the
  277  association’s willful failure to comply with this subsection.
  278  The minimum damages are to be $50 per calendar day up to 10
  279  days, the calculation to begin on the 11th business day after
  280  receipt of the written request.
  281         (d) Any director or member of the board or association or a
  282  community association manager who knowingly, willfully, and
  283  repeatedly violates paragraph (a), with the intent of causing
  284  harm to the association or one or more of its members, commits a
  285  misdemeanor of the second degree, punishable as provided in s.
  286  775.082 or s. 775.083. For purposes of this paragraph, the term
  287  “repeatedly” means two or more violations within a 12-month
  288  period.
  289         (e) Any person who knowingly and intentionally defaces or
  290  destroys accounting records during the period in which such
  291  records are required to be maintained, or who knowingly or
  292  intentionally fails to create or maintain accounting records
  293  that are required to be created or maintained, with the intent
  294  of causing harm to the association or one or more of its
  295  members, commits a misdemeanor of the first degree, punishable
  296  as provided in s. 775.082 or s. 775.083.
  297         (f) Any person who willfully and knowingly refuses to
  298  release or otherwise produce association records with the intent
  299  to avoid or escape detection, arrest, trial, or punishment for
  300  the commission of a crime, or to assist another person with such
  301  avoidance or escape, commits a felony of the third degree,
  302  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  303         (g)(c) The association may adopt reasonable written rules
  304  governing the frequency, time, location, notice, records to be
  305  inspected, and manner of inspections, but may not require a
  306  parcel owner to demonstrate any proper purpose for the
  307  inspection, state any reason for the inspection, or limit a
  308  parcel owner’s right to inspect records to less than one 8-hour
  309  business day per month. The association may impose fees to cover
  310  the costs of providing copies of the official records, including
  311  the costs of copying and the costs required for personnel to
  312  retrieve and copy the records if the time spent retrieving and
  313  copying the records exceeds one-half hour and if the personnel
  314  costs do not exceed $20 per hour. Personnel costs may not be
  315  charged for records requests that result in the copying of 25 or
  316  fewer pages. The association may charge up to 25 cents per page
  317  for copies made on the association’s photocopier. If the
  318  association does not have a photocopy machine available where
  319  the records are kept, or if the records requested to be copied
  320  exceed 25 pages in length, the association may have copies made
  321  by an outside duplicating service and may charge the actual cost
  322  of copying, as supported by the vendor invoice. The association
  323  shall maintain an adequate number of copies of the recorded
  324  governing documents, to ensure their availability to members and
  325  prospective members. Notwithstanding this paragraph, the
  326  following records are not accessible to members or parcel
  327  owners:
  328         1. Any record protected by the lawyer-client privilege as
  329  described in s. 90.502 and any record protected by the work
  330  product privilege, including, but not limited to, a record
  331  prepared by an association attorney or prepared at the
  332  attorney’s express direction which reflects a mental impression,
  333  conclusion, litigation strategy, or legal theory of the attorney
  334  or the association and which was prepared exclusively for civil
  335  or criminal litigation or for adversarial administrative
  336  proceedings or which was prepared in anticipation of such
  337  litigation or proceedings until the conclusion of the litigation
  338  or proceedings.
  339         2. Information obtained by an association in connection
  340  with the approval of the lease, sale, or other transfer of a
  341  parcel.
  342         3. Information an association obtains in a gated community
  343  in connection with guests’ visits to parcel owners or community
  344  residents.
  345         4. Personnel records of association or management company
  346  employees, including, but not limited to, disciplinary, payroll,
  347  health, and insurance records. For purposes of this
  348  subparagraph, the term “personnel records” does not include
  349  written employment agreements with an association or management
  350  company employee or budgetary or financial records that indicate
  351  the compensation paid to an association or management company
  352  employee.
  353         5. Medical records of parcel owners or community residents.
  354         6. Social security numbers, driver license numbers, credit
  355  card numbers, electronic mailing addresses, telephone numbers,
  356  facsimile numbers, emergency contact information, any addresses
  357  for a parcel owner other than as provided for association notice
  358  requirements, and other personal identifying information of any
  359  person, excluding the person’s name, parcel designation, mailing
  360  address, and property address. Notwithstanding the restrictions
  361  in this subparagraph, an association may print and distribute to
  362  parcel owners a directory containing the name, parcel address,
  363  and all telephone numbers of each parcel owner. However, an
  364  owner may exclude his or her telephone numbers from the
  365  directory by so requesting in writing to the association. An
  366  owner may consent in writing to the disclosure of other contact
  367  information described in this subparagraph. The association is
  368  not liable for the disclosure of information that is protected
  369  under this subparagraph if the information is included in an
  370  official record of the association and is voluntarily provided
  371  by an owner and not requested by the association.
  372         7. Any electronic security measure that is used by the
  373  association to safeguard data, including passwords.
  374         8. The software and operating system used by the
  375  association which allows the manipulation of data, even if the
  376  owner owns a copy of the same software used by the association.
  377  The data is part of the official records of the association.
  378         9. All affirmative acknowledgments made pursuant to s.
  379  720.3085(3)(c)3.
  380         (h)(d) The association or its authorized agent is not
  381  required to provide a prospective purchaser or lienholder with
  382  information about the residential subdivision or the association
  383  other than information or documents required by this chapter to
  384  be made available or disclosed. The association or its
  385  authorized agent may charge a reasonable fee to the prospective
  386  purchaser or lienholder or the current parcel owner or member
  387  for providing good faith responses to requests for information
  388  by or on behalf of a prospective purchaser or lienholder, other
  389  than that required by law, if the fee does not exceed $150 plus
  390  the reasonable cost of photocopying and any attorney fees
  391  incurred by the association in connection with the response.
  392         (i) If an association receives a subpoena for records from
  393  a law enforcement agency, the association must provide a copy of
  394  such records or otherwise make the records available for
  395  inspection and copying to a law enforcement agency within 5
  396  business days after receipt of the subpoena, unless otherwise
  397  specified by the law enforcement agency or subpoena. An
  398  association must assist a law enforcement agency in its
  399  investigation to the extent permissible by law.
  400         (6) BUDGETS.—
  401         (f) After one or more reserve accounts are established, the
  402  membership of the association, upon a majority vote at a meeting
  403  at which a quorum is present, may provide for no reserves or
  404  less reserves than required by this section. If a meeting of the
  405  parcel unit owners has been called to determine whether to waive
  406  or reduce the funding of reserves and such result is not
  407  achieved or a quorum is not present, the reserves as included in
  408  the budget go into effect. After the turnover, the developer may
  409  vote its voting interest to waive or reduce the funding of
  410  reserves. Any vote taken pursuant to this subsection to waive or
  411  reduce reserves is applicable only to one budget year.
  412         (7) FINANCIAL REPORTING.—Within 90 days after the end of
  413  the fiscal year, or annually on the date provided in the bylaws,
  414  the association shall prepare and complete, or contract with a
  415  third party for the preparation and completion of, a financial
  416  report for the preceding fiscal year. Within 21 days after the
  417  final financial report is completed by the association or
  418  received from the third party, but not later than 120 days after
  419  the end of the fiscal year or other date as provided in the
  420  bylaws, the association shall, within the time limits set forth
  421  in subsection (5), provide each member with a copy of the annual
  422  financial report or a written notice that a copy of the
  423  financial report is available upon request at no charge to the
  424  member. Financial reports shall be prepared as follows:
  425         (a) An association that meets the criteria of this
  426  paragraph shall prepare or cause to be prepared a complete set
  427  of financial statements in accordance with generally accepted
  428  accounting principles as adopted by the Board of Accountancy.
  429  The financial statements shall be based upon the association’s
  430  total annual revenues, as follows:
  431         1. An association with total annual revenues of $150,000 or
  432  more, but less than $300,000, shall prepare compiled financial
  433  statements.
  434         2. An association with total annual revenues of at least
  435  $300,000, but less than $500,000, shall prepare reviewed
  436  financial statements.
  437         3. An association with total annual revenues of $500,000 or
  438  more shall prepare audited financial statements.
  439         4. An association with 1,000 or more parcels shall prepare
  440  audited financial statements, notwithstanding the association’s
  441  total annual revenues.
  442         (d) If approved by a majority of the voting interests
  443  present at a properly called meeting of the association, an
  444  association may prepare or cause to be prepared:
  445         1. A report of cash receipts and expenditures in lieu of a
  446  compiled, reviewed, or audited financial statement;
  447         2. A report of cash receipts and expenditures or a compiled
  448  financial statement in lieu of a reviewed or audited financial
  449  statement; or
  450         3. A report of cash receipts and expenditures, a compiled
  451  financial statement, or a reviewed financial statement in lieu
  452  of an audited financial statement.
  453  
  454  An association may not prepare a financial statement pursuant to
  455  this paragraph for consecutive fiscal years.
  456         (13) DEBIT CARDS.—
  457         (a) An association and its officers, directors, employees,
  458  and agents may not use a debit card issued in the name of the
  459  association, or billed directly to the association, for the
  460  payment of any association expense.
  461         (b) A person who uses a debit card issued in the name of
  462  the association, or billed directly to the association, for any
  463  expense that is not a lawful obligation of the association
  464  commits theft under s. 812.014.
  465  
  466  For the purposes of this subsection, the term “lawful obligation
  467  of the association” means an obligation that has been properly
  468  preapproved by the board and is reflected in the meeting minutes
  469  or the written budget.
  470         Section 4. Subsections (1), (3), and (4) of section
  471  720.3033, Florida Statutes, are amended to read:
  472         720.3033 Officers and directors.—
  473         (1)(a) Within 90 days after being elected or appointed to
  474  the board, each director shall certify in writing to the
  475  secretary of the association that he or she has read the
  476  association’s declaration of covenants, articles of
  477  incorporation, bylaws, and current written rules and policies;
  478  that he or she will work to uphold such documents and policies
  479  to the best of his or her ability; and that he or she will
  480  faithfully discharge his or her fiduciary responsibility to the
  481  association’s members. Within 90 days after being elected or
  482  appointed to the board, in lieu of such written certification,
  483  the newly elected or appointed director must may submit a
  484  certificate of having satisfactorily completed the educational
  485  curriculum administered by a department-approved, division
  486  approved education provider.
  487         1.The newly elected or appointed director must complete
  488  the department-approved education for newly elected or appointed
  489  directors within 90 days after being elected or appointed.
  490         2. The certificate of completion is valid for a maximum of
  491  4 years.
  492         3.At least every 4 years, a director must complete the
  493  education specific to newly elected or appointed directors.
  494         4.The department-approved educational curriculum specific
  495  to newly elected or appointed directors must include training
  496  relating to financial literacy and transparency, recordkeeping,
  497  levying of fines, and notice and meeting requirements.
  498         5.In addition to the educational curriculum specific to
  499  newly elected or appointed directors:
  500         a.A director of an association that has fewer than 2,500
  501  parcels must complete at least 4 hours of continuing education
  502  annually.
  503         b.A director of an association that has 2,500 parcels or
  504  more must complete at least 8 hours of continuing education
  505  annually within 1 year before or 90 days after the date of
  506  election or appointment.
  507         (b) The written certification or educational certificate is
  508  valid for the uninterrupted tenure of the director on the board.
  509  A director who does not timely file the written certification or
  510  educational certificate is shall be suspended from the board
  511  until he or she complies with the requirement. The board may
  512  temporarily fill the vacancy during the period of suspension.
  513         (c) The association shall retain each director’s written
  514  certification or educational certificate for inspection by the
  515  members for 5 years after the director’s election. However, the
  516  failure to have the written certification or educational
  517  certificate on file does not affect the validity of any board
  518  action.
  519         (d)The department shall adopt rules to implement and
  520  administer the educational curriculum and continuing education
  521  requirements under this subsection.
  522         (3) An officer, a director, or a manager may not solicit,
  523  offer to accept, or accept a kickback. As used in this
  524  subsection, the term “kickback” means any thing or service of
  525  value for which consideration has not been provided for an
  526  officer’s, a director’s, or a manager’s his or her benefit or
  527  for the benefit of a member of his or her immediate family from
  528  any person providing or proposing to provide goods or services
  529  to the association. An officer, a director, or a manager who
  530  knowingly solicits, offers to accept, or accepts a any thing or
  531  service of value or kickback commits a felony of the third
  532  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  533  775.084, and for which consideration has not been provided for
  534  his or her own benefit or that of his or her immediate family
  535  from any person providing or proposing to provide goods or
  536  services to the association is subject to monetary damages under
  537  s. 617.0834. If the board finds that an officer or a director
  538  has violated this subsection, the board shall immediately remove
  539  the officer or director from office. The vacancy shall be filled
  540  according to law until the end of the officer’s or director’s
  541  term of office. However, an officer, a director, or a manager
  542  may accept food to be consumed at a business meeting with a
  543  value of less than $25 per individual or a service or good
  544  received in connection with trade fairs or education programs.
  545         (4)(a) A director or an officer charged by information or
  546  indictment with any of the following crimes is deemed must be
  547  removed from office and a vacancy declared:
  548         1. Forgery of a ballot envelope or voting certificate used
  549  in a homeowners’ association election as provided in s. 831.01.
  550         2. Theft or embezzlement involving the association’s funds
  551  or property as provided in s. 812.014.
  552         3. Destruction of or the refusal to allow inspection or
  553  copying of an official record of a homeowners’ association which
  554  is accessible to parcel owners within the time periods required
  555  by general law, in furtherance of any crime. Such act
  556  constitutes tampering with physical evidence as provided in s.
  557  918.13.
  558         4. Obstruction of justice as provided in chapter 843.
  559         5. Any criminal violation under this chapter.
  560         Section 5. Subsections (1) and (4) of section 720.3035,
  561  Florida Statutes, are amended to read:
  562         720.3035 Architectural control covenants; parcel owner
  563  improvements; rights and privileges.—
  564         (1) The authority of an association or any architectural,
  565  construction improvement, or other such similar committee of an
  566  association to review and approve plans and specifications for
  567  the location, size, type, or appearance of any structure or
  568  other improvement on a parcel, or to enforce standards for the
  569  external appearance of any structure or improvement located on a
  570  parcel, is shall be permitted only to the extent that the
  571  authority is specifically stated or reasonably inferred as to
  572  such location, size, type, or appearance in the declaration of
  573  covenants or other published guidelines and standards authorized
  574  by the declaration of covenants. An association or any
  575  architectural, construction improvement, or similar committee of
  576  an association must reasonably and equitably apply and enforce
  577  on all parcel owners the architectural and construction
  578  improvement standards authorized by the declaration of covenants
  579  or other published guidelines and standards authorized by the
  580  declaration of covenants.
  581         (4) Each parcel owner is shall be entitled to the rights
  582  and privileges set forth in the declaration of covenants or
  583  other published guidelines and standards authorized by the
  584  declaration of covenants concerning the architectural use of the
  585  parcel, and the construction of permitted structures and
  586  improvements on the parcel and such rights and privileges may
  587  shall not be unreasonably infringed upon or impaired by the
  588  association or any architectural, construction improvement, or
  589  other such similar committee of the association. If the
  590  association or any architectural, construction improvement, or
  591  other such similar committee of the association denies a parcel
  592  owner’s request or application for the construction of a
  593  structure or other improvement on a parcel, the association or
  594  committee must provide written notice to the parcel owner
  595  stating with specificity the rule or covenant on which the
  596  association or committee relied when denying the request or
  597  application and the specific aspect or part of the proposed
  598  improvement that does not conform to such rule or covenant. If
  599  the association or any architectural, construction improvement,
  600  or other such similar committee of the association should
  601  unreasonably, knowingly, and willfully infringe upon or impair
  602  the rights and privileges set forth in the declaration of
  603  covenants or other published guidelines and standards authorized
  604  by the declaration of covenants, the adversely affected parcel
  605  owner is shall be entitled to recover damages caused by such
  606  infringement or impairment, including any costs and reasonable
  607  attorney attorney’s fees incurred in preserving or restoring the
  608  rights and privileges of the parcel owner set forth in the
  609  declaration of covenants or other published guidelines and
  610  standards authorized by the declaration of covenants.
  611         Section 6. Section 720.3045, Florida Statutes, is amended
  612  to read
  613         720.3045 Installation, display, and storage of items.
  614  Regardless of any covenants, restrictions, bylaws, rules, or
  615  requirements of an association, and unless prohibited by general
  616  law or local ordinance, an association may not restrict parcel
  617  owners or their tenants from installing, displaying, or storing
  618  any items on a parcel which are not visible from the parcel’s
  619  frontage or an adjacent parcel, an adjacent common area, or a
  620  community golf course, including, but not limited to, artificial
  621  turf, boats, flags, and recreational vehicles.
  622         Section 7. Section 720.3065, Florida Statutes, is amended
  623  to read:
  624         720.3065 Fraudulent voting activities relating to
  625  association elections; penalties.—
  626         (1) A person who engages in any Each of the following acts
  627  of is a fraudulent voting activity relating to association
  628  elections commits and constitutes a misdemeanor of the first
  629  degree, punishable as provided in s. 775.082 or s. 775.083:
  630         (a)(1) Willfully and falsely swearing to or affirming an
  631  oath or affirmation, or willfully procuring another person to
  632  falsely swear to or affirm an oath or affirmation, in connection
  633  with or arising out of voting activities.
  634         (b)(2) Perpetrating or attempting to perpetrate, or aiding
  635  in the perpetration of, fraud in connection with a vote cast, to
  636  be cast, or attempted to be cast.
  637         (c)(3) Preventing a member from voting or preventing a
  638  member from voting as he or she intended by fraudulently
  639  changing or attempting to change a ballot, ballot envelope,
  640  vote, or voting certificate of the member.
  641         (d)(4) Menacing, threatening, or using bribery or any other
  642  corruption to attempt, directly or indirectly, to influence,
  643  deceive, or deter a member when the member is voting.
  644         (e)(5) Giving or promising, directly or indirectly,
  645  anything of value to another member with the intent to buy the
  646  vote of that member or another member or to corruptly influence
  647  that member or another member in casting his or her vote. This
  648  paragraph subsection does not apply to any food served which is
  649  to be consumed at an election rally or a meeting or to any item
  650  of nominal value which is used as an election advertisement,
  651  including a campaign message designed to be worn by a member.
  652         (f)(6) Using or threatening to use, directly or indirectly,
  653  force, violence, or intimidation or any tactic of coercion or
  654  intimidation to induce or compel a member to vote or refrain
  655  from voting in an election or on a particular ballot measure.
  656         (2) A person who engages in any of the following acts
  657  commits a misdemeanor of the first degree, punishable as
  658  provided in s. 775.082 or s. 775.083:
  659         (a) Knowingly aiding, abetting, or advising a person in the
  660  commission of a fraudulent voting activity related to
  661  association elections.
  662         (b) Agreeing, conspiring, combining, or confederating with
  663  at least one other person to commit a fraudulent voting activity
  664  related to association elections.
  665         (c) Having knowledge of a fraudulent voting activity
  666  related to association elections and giving any aid to the
  667  offender with intent that the offender avoid or escape
  668  detection, arrest, trial, or punishment.
  669  
  670  This subsection does not apply to a licensed attorney giving
  671  legal advice to a client.
  672         Section 8. Paragraph (c) of subsection (3) of section
  673  720.3085, Florida Statutes, is amended to read:
  674         720.3085 Payment for assessments; lien claims.—
  675         (3) Assessments and installments on assessments that are
  676  not paid when due bear interest from the due date until paid at
  677  the rate provided in the declaration of covenants or the bylaws
  678  of the association, which rate may not exceed the rate allowed
  679  by law. If no rate is provided in the declaration or bylaws,
  680  interest accrues at the rate of 18 percent per year.
  681         (c)1. If an association sends out an invoice for
  682  assessments or a parcel’s statement of the account described in
  683  s. 720.303(4)(a)10.b. s. 720.303(4)(j)2., the invoice for
  684  assessments or the parcel’s statement of account must be
  685  delivered to the parcel owner by first-class United States mail
  686  or by electronic transmission to the parcel owner’s e-mail
  687  address maintained in the association’s official records.
  688         2. Before changing the method of delivery for an invoice
  689  for assessments or the statement of the account, the association
  690  must deliver a written notice of such change to each parcel
  691  owner. The written notice must be delivered to the parcel owner
  692  at least 30 days before the association sends the invoice for
  693  assessments or the statement of the account by the new delivery
  694  method. The notice must be sent by first-class United States
  695  mail to the owner at his or her last address as reflected in the
  696  association’s records and, if such address is not the parcel
  697  address, must be sent by first-class United States mail to the
  698  parcel address. Notice is deemed to have been delivered upon
  699  mailing as required by this subparagraph.
  700         3. A parcel owner must affirmatively acknowledge his or her
  701  understanding that the association will change its method of
  702  delivery of the invoice for assessments or the statement of the
  703  account before the association may change the method of
  704  delivering an invoice for assessments or the statement of
  705  account. The parcel owner may make the affirmative
  706  acknowledgment electronically or in writing.
  707         Section 9. Section 720.317, Florida Statutes, is amended to
  708  read:
  709         720.317 Electronic voting.—The association may conduct
  710  elections and other membership votes through an Internet-based
  711  online voting system if a member consents, electronically or in
  712  writing, to online voting and if the following requirements are
  713  met:
  714         (1) The association provides each member with:
  715         (a) A method to authenticate the member’s identity to the
  716  online voting system.
  717         (b) A method to confirm, at least 14 days before the voting
  718  deadline, that the member’s electronic device can successfully
  719  communicate with the online voting system.
  720         (c) A method that is consistent with the election and
  721  voting procedures in the association’s bylaws.
  722         (2) The association uses an online voting system that is:
  723         (a) Able to authenticate the member’s identity.
  724         (b) Able to authenticate the validity of each electronic
  725  vote to ensure that the vote is not altered in transit.
  726         (c) Able to transmit a receipt from the online voting
  727  system to each member who casts an electronic vote.
  728         (d) Able to permanently separate any authentication or
  729  identifying information from the electronic election ballot,
  730  rendering it impossible to tie an election ballot to a specific
  731  member. This paragraph only applies if the association’s bylaws
  732  provide for secret ballots for the election of directors.
  733         (e) Able to store and keep electronic ballots accessible to
  734  election officials for recount, inspection, and review purposes.
  735         (3) A member voting electronically pursuant to this section
  736  shall be counted as being in attendance at the meeting for
  737  purposes of determining a quorum.
  738         (4) This section applies to an association that provides
  739  for and authorizes an online voting system pursuant to this
  740  section by a board resolution. The board resolution must provide
  741  that members receive notice of the opportunity to vote through
  742  an online voting system, must establish reasonable procedures
  743  and deadlines for members to consent, electronically or in
  744  writing, to online voting, and must establish reasonable
  745  procedures and deadlines for members to opt out of online voting
  746  after giving consent. Written notice of a meeting at which the
  747  board resolution regarding online voting will be considered must
  748  be mailed, delivered, or electronically transmitted to the unit
  749  owners and posted conspicuously on the condominium property or
  750  association property at least 14 days before the meeting.
  751  Evidence of compliance with the 14-day notice requirement must
  752  be made by an affidavit executed by the person providing the
  753  notice and filed with the official records of the association.
  754         (5) A member’s consent to online voting is valid until the
  755  member opts out of online voting pursuant to the procedures
  756  established by the board of administration pursuant to
  757  subsection (4).
  758         (6) This section may apply to any matter that requires a
  759  vote of the members.
  760         Section 10. This act shall take effect July 1, 2024.
  761  
  762  ================= T I T L E  A M E N D M E N T ================
  763  And the title is amended as follows:
  764         Delete everything before the enacting clause
  765  and insert:
  766                        A bill to be entitled                      
  767         An act relating to homeowners’ associations; amending
  768         s. 468.4334, F.S.; providing requirements for certain
  769         community association managers and community
  770         association management firms; amending s. 468.4337,
  771         F.S.; prohibiting the Regulatory Council of Community
  772         Association Managers from requiring more than a
  773         specified number of hours of continuing education
  774         annually for license renewal; requiring certain
  775         community association managers to biennially complete
  776         a specified number of hours of continuing education,
  777         including a specified number of hours on a specified
  778         subject; amending s. 720.303, F.S.; requiring an
  779         association to maintain certain documents for a
  780         specified timeframe; requiring certain associations to
  781         post certain documents on their website or make them
  782         available through an application on a mobile device;
  783         providing construction; requiring an association to
  784         provide certain information to parcel owners upon
  785         written request; requiring an association to ensure
  786         certain information and records are not accessible on
  787         the website or application; providing that an
  788         association or its agent is not liable for the
  789         disclosure of certain information; requiring an
  790         association to adopt certain rules; providing criminal
  791         penalties for directors or members of the board or
  792         association and community association managers who
  793         knowingly, willfully, and repeatedly fail to maintain
  794         and make available specific records; defining the term
  795         “repeatedly”; providing criminal penalties for persons
  796         who knowingly and intentionally deface or destroy, or
  797         intentionally fail to maintain, specified accounting
  798         records; providing criminal penalties for persons who
  799         willfully and knowingly refuse to release certain
  800         records for specific purposes; requiring an
  801         association to provide or make available subpoenaed
  802         records within a certain timeframe; requiring an
  803         association to assist in a law enforcement
  804         investigation as allowed by law; requiring certain
  805         associations to prepare audited financial statements;
  806         prohibiting an association from preparing financial
  807         statements for consecutive fiscal years; prohibiting
  808         an association and its officers, directors, employees,
  809         and agents from using a debit card issued in the name
  810         of the association; providing that persons who violate
  811         such prohibition commit theft under s. 812.014, F.S.,
  812         punishable as provided in that section; defining the
  813         term “lawful obligation of the association”; making
  814         technical changes; amending s. 720.3033, F.S.;
  815         deleting a requirement that a director certify in
  816         writing to the secretary of the association that he or
  817         she has read certain documents; requiring newly
  818         elected or appointed directors to complete a certain
  819         educational curriculum approved by the department
  820         within a certain time period; requiring a director to
  821         retake the educational curriculum after a certain time
  822         period; providing subject matter for the educational
  823         curriculum; requiring certain directors of an
  824         association to annually complete a minimum amount of
  825         continuing education; requiring the department to
  826         adopt rules; prohibiting officers, directors, or
  827         managers of an association from soliciting, offering
  828         to accept, or accepting a kickback; defining the term
  829         “kickback”; providing criminal penalties for officers,
  830         directors, and managers of an association who accept
  831         bribes or kickbacks; making technical changes;
  832         amending s. 720.3035, F.S.; requiring an association
  833         or any architectural, construction improvement, or
  834         similar committee of an association to apply and
  835         enforce certain standards in a specified manner with
  836         regard to all parcel owners; requiring such committees
  837         to provide certain written notice to a parcel owner if
  838         a certain request or application is denied; making
  839         technical changes; amending s. 720.3045, F.S.;
  840         revising the criteria for determining whether a parcel
  841         owner or tenant may install, display, or store certain
  842         items on the parcel; amending s. 720.3065, F.S.;
  843         providing criminal penalties for certain violations
  844         related to fraudulent voting activity related to
  845         association elections; making technical changes;
  846         providing applicability; amending s. 720.3085, F.S.;
  847         conforming a cross-reference; amending s. 720.317,
  848         F.S.; providing that a homeowner may consent to online
  849         voting electronically, as well as in writing, and that
  850         association boards must establish reasonable
  851         procedures for giving such consent; providing an
  852         effective date.