HB 623 — Community Associations

Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by unit owners, which must be maintained for 1 year from the date of the Pageelection, 6vote, ofor 52meeting CODING:to which the document relates, notwithstanding paragraph (b).

Words stricken are deletions;

words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 election, vote, or meeting to which the document relates, notwithstanding paragraph (b).

A copy of the current question and answer sheet as describedPage in6 s.of 50 CODING:

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words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 described in s.

All other written records of the association not specifically included in subparagraphs 1.-16.

The records of the association shall be made available to a unit owner within 45 miles of the condominium property or within the county in which the condominium property is located within 10 working days after Pagereceipt 7 of 52a CODING:written request by the board or its designee.

However, such distance requirement does not apply to an association governing a timeshare condominium.

This paragraph may be complied with by having a copy of the official records of the association available for inspection or copying on the Page 7 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 receiptcondominium property or association property, or the association may offer the option of making the records available to a writtenunit requestowner byelectronically via the boardInternet or itsby designee.allowing the records to be viewed in electronic format on a computer screen and printed upon request.

However, such distance requirement does not apply to an association governing a timeshare condominium.

This paragraph may be complied with by having a copy of the official records of the association available for inspection or copying on the condominium property or association property, or the association may offer the option of making the records available to a unit owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.

The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying, but may not require a member to Pagedemonstrate 8any ofpurpose 52or CODING:state any reason for the inspection.

The failure of an association to provide the records within 10 working days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this paragraph.

A unit owner who is denied access to Page 8 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 demonstrateofficial anyrecords purposeis orentitled stateto anythe reasonactual damages or minimum damages for the inspection.association's willful failure to comply.

The failure of an association to provide the records within 10 working days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this paragraph.

A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association's willful failure to comply.

718.504 and Pageyear-end 9financial ofinformation 52required CODING:under this section, on the condominium property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the documents.

An association shall allow a member or Page 9 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 year-endhis financialor informationher requiredauthorized underrepresentative thisto section,use ona theportable condominiumdevice, propertyincluding toa ensuresmartphone, theirtablet, availabilityportable toscanner, unitor ownersany andother prospectivetechnology purchasers,capable andof mayscanning chargeor itstaking actualphotographs, coststo formake preparingan andelectronic furnishingcopy theseof documentsthe toofficial thoserecords requestingin lieu of the documents.association's providing the member or his or her authorized representative with a copy of such records.

An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association's providing the member or his or her authorized representative with a copy of such records.

Information obtained by an association in connection Pagewith 10the approval of 52the CODING:lease, sale, or other transfer of a unit.

Words stricken are deletions;

words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 with the approval of the lease, sale, or other transfer of a unit.

For purposes of this sub- subparagraph,Page the10 termof "personnel50 records"CODING: does not include written employment agreements with an association employee or management company, or budgetary or financial records that indicate the compensation paid to an association employee.

Words stricken are deletions;

words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 subparagraph, the term "personnel records" does not include written employment agreements with an association employee or management company, or budgetary or financial records that indicate the compensation paid to an association employee.

An owner may consent in writing to the Pagedisclosure 11 of 52other CODING:contact information described in this sub- subparagraph.

The association is not liable for the inadvertent disclosure of information that is protected under this sub- subparagraph if the information is included in an official record of the association and is voluntarily provided by an Page 11 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 disclosureowner ofand othernot contactrequested informationby describedthe inassociation. this sub- subparagraph.

The association is not liable for the inadvertent disclosure of information that is protected under this sub- subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association.

or (II) A website, application, or web portal operated by a third-party provider with whom the association owns, leases, rents, or otherwise obtains the right to operate a web page, subpage, web portal, or collection of subpages or web portals, Pageor 12application ofwhich 52is CODING:dedicated to the association's activities and on which required notices, records, and documents may be posted or made available by the association.

b.

The association's website or application must be accessible through the Internet and must contain a subpage, web Page 12 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 portal, or applicationother whichprotected electronic location that is dedicatedinaccessible to the association'sgeneral activitiespublic and onaccessible whichonly requiredto notices,unit records,owners and documentsemployees mayof be posted or made available by the association.

b.

The association's website or application must be accessible through the Internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to unit owners and employees of the association.

The copy posted pursuant to this sub-subparagraph must be a copy of Pagethe 13articles of 52incorporation CODING:filed with the Department of State.

Words stricken are deletions;

words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 the articles of incorporation filed with the Department of State.

A list of all executory contracts or documents to which the association is a party or under which the association or the unitPage owners13 have an obligation or responsibility and, after bidding for the related materials, equipment, or services has closed, a list of bids50 receivedCODING: by the association within the past year.

Words stricken are deletions;

words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 unit owners have an obligation or responsibility and, after bidding for the related materials, equipment, or services has closed, a list of bids received by the association within the past year.

Any contract or document regarding a conflict of Pageinterest 14or possible conflict of 52interest CODING:as provided in ss.

Words stricken are deletions;

words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 interest or possible conflict of interest as provided in ss.

The notice must be posted in plain view onPage the14 front page of the50 websiteCODING: or application, or on a separate subpage of the website or application labeled "Notices" which is conspicuously visible and linked from the front page.

Words stricken are deletions;

words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 on the front page of the website or application, or on a separate subpage of the website or application labeled "Notices" which is conspicuously visible and linked from the front page.

PageNotwithstanding 15the foregoing, the association or its agent is not liable for disclosing information that is protected or restricted under pursuant to this paragraph unless such disclosure was made with a knowing or intentional disregard of 52the CODING:protected or restricted nature of such information.

Page 15 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 Notwithstanding4. the foregoing, the association or its agent is not liable for disclosing information that is protected or restricted under pursuant to this paragraph unless such disclosure was made with a knowing or intentional disregard of the protected or restricted nature of such information.

4.

Paragraphs (d), (i), (k), and (p) of subsection (2) of section 718.112, Florida Statutes, are amended, and paragraph (c) of subsection (1) is added to that section, to read:

The failure of the association to record a notice in the public record may not be the basis for liability Pageor 16evidence of 52discrimination CODING:or a discriminatory intention.

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words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 or evidence of discrimination or a discriminatory intention.

An annual meeting of the unit owners must be held at thePage location16 provided in the association bylaws and, if the bylaws are silent as to the location, the meeting must be held within 45 miles of the50 condominiumCODING: property.

Words stricken are deletions;

words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting must be held within 45 miles of the condominium property.

Board Pagemembers 17may ofserve 52terms CODING:longer than 1 year if permitted by the bylaws or articles of incorporation.

A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the Page 17 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 memberstime mayof serve terms longer than 1 year if permitted by the bylawsvacancy. or articles of incorporation.

A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.

and must be eligible to be a Pagecandidate 18to serve on the board of 52directors CODING:at the time of the deadline for submitting a notice of intent to run in order to have his or her name listed as a proper candidate on the ballot or to serve on the board.

A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any monetary obligation due to the Page 18 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 candidateassociation, tois servenot oneligible theto boardbe ofa directorscandidate at the time of the deadline for submittingboard amembership noticeand ofmay intentnot tobe run in order to have his or her name listed as a proper candidate on the ballotballot. or to serve on the board.

A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any monetary obligation due to the association, is not eligible to be a candidate for board membership and may not be listed on the ballot.

Written notice of an annual meeting must include an agenda;, must be mailed, hand delivered, or electronically transmitted to each unit owner at least 14 days before the annual meeting;, and must be posted in a conspicuous place on the condominium property at least 14 Pagecontinuous 19days ofbefore 52the CODING:annual meeting.

Words stricken are deletions;

words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 continuous days before the annual meeting.

and be posted in a conspicuous place on the condominium property in accordance with the minimum period of time for posting a notice as set forth in the bylaws, and if the bylawsPage do19 notof provide50 suchCODING: notice requirements, then at least 14 continuous days before the meeting.

Words stricken are deletions;

words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 bylaws do not provide such notice requirements, then at least 14 continuous days before the meeting.

If broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the Pageagenda. 20 of 52 CODING:

In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the Page 20 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 agenda.condominium property.

In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property.

An officer of the association, or the manager or other person Pageproviding 21notice of 52the CODING:association meeting, must provide an affidavit or United States Postal Service certificate of mailing, to be included in the official records of the association affirming that the notice was mailed or hand delivered in accordance with this provision.

4.

The members of the board of a residential condominium Page 21 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 providingshall notice of the association meeting, must provide an affidavit or United States Postal Service certificate of mailing, to be includedelected inby thewritten officialballot records of the association affirming that the notice was mailed or handvoting deliveredmachine. in accordance with this provision.

4.

The members of the board of a residential condominium shall be elected by written ballot or voting machine.

Together with the written notice and agenda as set forth in subparagraph 3., the association shall mail, deliver, or electronically transmit a second notice of the election to all unit owners entitled to vote, together with a ballot that lists Pageall 22candidates not less than 14 days or more than 34 days before the date of 52the CODING:election.

Upon request of a candidate, an information sheet, no larger than 8 1/2 inches by 11 inches, which must be furnished by the candidate at least 35 days before the election, must be included with the mailing, delivery, or transmission of the ballot, with the costs of mailing, delivery, Page 22 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 all candidates not less than 14 days or moreelectronic thantransmission 34and dayscopying beforeto thebe dateborne ofby the election.association.

Upon request of a candidate, an information sheet, no larger than 8 1/2 inches by 11 inches, which must be furnished by the candidate at least 35 days before the election, must be included with the mailing, delivery, or transmission of the ballot, with the costs of mailing, delivery, or electronic transmission and copying to be borne by the association.

Notwithstanding this sub-subparagraph, an Pageelection 23is not required unless more candidates file notices of 52intent CODING:to run or are nominated than board vacancies exist.

b.

Within 90 days after being elected or appointed to the board of an association of a residential condominium, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the Page 23 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 electionassociation's isdeclaration notof requiredcondominium, unlessarticles more candidates file notices of intentincorporation, tobylaws, runand orcurrent arewritten nominatedpolicies; than board vacancies exist.

b.

Within 90 days after being elected or appointed to the board of an association of a residential condominium, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the association's declaration of condominium, articles of incorporation, bylaws, and current written policies;

The board may temporarily fill the vacancy during the period of Pagesuspension. 24 of 52 CODING:

The secretary shall cause the association to retain a director's written certification or educational certificate for inspection by the members for 5 years after a director's election or the duration of the director's uninterrupted tenure, whichever is longer.

Failure to have such written certification or educational certificate on file does not affect the validity Page 24 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 suspension.of any board action.

The secretary shall cause the association to retain a director's written certification or educational certificate for inspection by the members for 5 years after a director's election or the duration of the director's uninterrupted tenure, whichever is longer.

Failure to have such written certification or educational certificate on file does not affect the validity of any board action.

Notice of meetings of the board of administration, unit owner meetings, except unit owner meetings called to recall board members under paragraph (j), and committee meetings may be given by electronic transmission to unit owners who consent to receive Pagenotice 25by ofelectronic 52transmission. CODING:

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words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 notice by electronic transmission.

Unit owners have the right to participate in meetings ofPage unit25 ownersof with50 referenceCODING: to all designated agenda items.

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words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 of unit owners with reference to all designated agenda items.

Filling vacancies created by recall is governed by Pageparagraph 26(j) ofand 52rules CODING:adopted by the division.

10.

This chapter does not limit the use of general or limited proxies, require the use of general or limited proxies, or require the use of a written ballot or voting machine for any agenda item or election at any meeting of a timeshare condominium association or nonresidential condominium Page 26 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 paragraphassociation. (j) and rules adopted by the division.

10.

This chapter does not limit the use of general or limited proxies, require the use of general or limited proxies, or require the use of a written ballot or voting machine for any agenda item or election at any meeting of a timeshare condominium association or nonresidential condominium association.

Except for the actual costs of any background check or screening performed by the association, any such fee may be Pagepreset, 27but ofmay 52not CODING:in no event may such fee exceed $100 per applicant other than spouses or parent and dependent child, who husband/wife or parent/dependent child, which are considered one applicant.

However, if the lease or sublease is a renewal of a lease or sublease with the same lessee or sublessee, a charge may not no charge shall be made.

The foregoing notwithstanding, Page 27 of 50 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 preset,an butassociation maymay, notif the authority to do so appears in nothe eventdeclaration, mayarticles, suchor feebylaws, exceedrequire $100that pera applicantprospective otherlessee thanplace spousesa orsecurity parentdeposit, andin dependentan child,amount whonot husband/wifeto orexceed parent/dependentthe child,equivalent whichof are1 consideredmonth's onerent, applicant.into an escrow account maintained by the association.

However, if the lease or sublease is a renewal of a lease or sublease with the same lessee or sublessee, a charge may not no charge shall be made.

The foregoing notwithstanding, an association may, if the authority to do so appears in the declaration, articles, or bylaws, require that a prospective lessee place a security deposit, in an amount not to exceed the equivalent of 1 month's rent, into an escrow account maintained by the association.

(k) Alternative dispute resolution Arbitration.—There must shall be a provision for mandatory alternative dispute resolution nonbinding arbitration as provided for in s.

718.1255 for any residential condominium.

conflicts of interest.—An association, which is not a timeshare condominium association, may not employ or contract with any service provider that is owned or operated by a board member or with any person who has a financial relationship with a board member or officer, or a relative within the third degree of consanguinity by blood or Pagemarriage 28 of 52a CODING:board member or officer.

Words stricken are deletions;

words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 marriage of a board member or officer.

display of religious decorations.— (8)Page The28 Legislature finds that the use of electric50 andCODING: natural gas fuel vehicles conserves and protects the state's environmental resources, provides significant economic savings to drivers, and serves an important public interest.

The participation of condominium associations is essential to the state's efforts to conserve and protect the state's environmental resources and provide economic savings to drivers.

For purposes of this subsection, the term "natural gas fuel" has the same meaning as in s.

206.9951, and the term "natural gas fuel vehicle" means any motor vehicle, as defined in s.

320.01, that is powered by natural gas fuel.

Therefore, the installation of an electric vehicle charging station or natural gas fuel station shall be governed as follows:

(a) A declaration of condominium or restrictive covenant may not prohibit or be enforced so as to prohibit any unit owner Page 29 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 from(8) installingThe anLegislature electricfinds vehiclethat chargingthe stationuse orof naturalelectric gasvehicles or alternative fuel stationvehicles withinconserves and protects the boundariesstate's ofenvironmental theresources, unitprovides owner'ssignificant limitedeconomic commonsavings elementto ordrivers, exclusivelyand designatedserves parkingan area.important public interest.

The participation of condominium associations is essential to the state's efforts to conserve and protect the state's environmental resources and provide economic savings to drivers.

For purposes of this subsection, the term "alternative fuel" has the same meaning as in s.

403.42, and the term "alternative fuel vehicle" means any motor vehicle, as defined in s.

320.01, that is powered by an alternative fuel or a combination of alternative fuels.

Therefore, the installation of an electric vehicle charging station or alternative fuel station shall be governed as follows:

(a) A declaration of condominium or restrictive covenant may not prohibit or be enforced so as to prohibit any unit owner from installing an electric vehicle charging station or alternative fuel station within the boundaries of the unit owner's limited common element or exclusively designated parking area.

320.01, or aan naturalalternative gas fuel station for aan naturalalternative gas fuel vehicle within the boundaries of his or her limited common element or exclusively designated parking area.

The installation ofPage such29 charging or fuel stations are subject to the provisions of this50 subsection.CODING:

(b) The installation may not cause irreparable damage to the condominium property.

(c) The electricity for the electric vehicle charging station or natural gas fuel station must be separately metered or metered by an embedded meter and payable by the unit owner installing such charging or fuel station or by his or her successor.

(d) The cost for supply and storage of the natural gas fuel must be paid by the unit owner installing the natural gas fuel station or by his or her successor.

(e)(d) The unit owner who is installing an electric vehicle charging station or natural gas fuel station is responsible for the costs of installation, operation, maintenance, and repair, including, but not limited to, hazard Page 30 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 andof liabilitysuch insurance.charging or fuel stations are subject to the provisions of this subsection.

(b) The installation may not cause irreparable damage to the condominium property.

(c) The electricity for the electric vehicle charging station or alternative fuel station must be separately metered or must use an embedded meter and be payable by the unit owner installing such charging station.

(d) The supply and storage of the alternative fuel must be paid by the unit owner installing the alternative fuel station.

(e)(d) The unit owner who is installing an electric vehicle charging station or an alternative fuel station is responsible for the costs of installation, operation, maintenance, and repair, including, but not limited to, hazard and liability insurance.

(f)(e) If the unit owner or his or her successor decides there is no longer a need for the electronic vehicle charging station or naturalalternative gas fuel station, such person is responsible for the cost of removal of such the electronic vehicle charging station or alternative fuel station.

(g) The unit ownerowner, installing,or maintaining,his or removingher successor, installing the electricelectronic vehicle charging station or naturalalternative gas fuel station is responsible for complying with all federal, state, or localPage laws30 andof regulations50 applicableCODING: to such installation, maintenance, or removal.

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hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 local laws and regulations that apply to the installation, maintenance, or removal of such charging or fuel stations.

Comply with reasonable architectural standards adopted by the association that govern the dimensions, placement, or external appearance of the electric vehicle charging station or naturalalternative gas fuel station, provided that such standards may not prohibit the installation of such charging or fuel station or substantially increase the cost thereof.

Engage the services of a licensed and registered firm electrical contractor or engineer familiar with the installation Pageand 31core requirements of 52an CODING:electric vehicle charging station or alternative fuel station.

Words stricken are deletions;

words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 or removal and core requirements of an electric vehicle charging station or natural gas fuel station.

Provide a certificate of insurance naming the association as an additional insured on the owner's insurance policy for any claim related to the installation, maintenance, or use of the electric vehicle charging station or naturalalternative gas fuel station within 14 days after receiving the association's approval to install such charging or fuel stationstation. or notice to provide such a certificate.

Reimburse the association for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging station or naturalalternative gas fuel station within 14 daysPage after31 receivingof the50 association'sCODING: insurance premium invoice.

(i)(g) The association provides an implied easement across the common elements of the condominium property to the unit owner for purposes of the installation of the electric vehicle charging station or natural gas fuel station installation, and the furnishing of electrical power or natural gas fuel supply, including any necessary equipment, to such charging or fuel station, subject to the requirements of this subsection.

Section 6.

Subsections (5) and (6) of section 718.1255, Florida Statutes, are renumbered as subsections (6) and (7), respectively, paragraph (a) of subsection (4) of that section is amended, and a new subsection (5) is added to that section, to Page 32 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 read:days after receiving the association's insurance premium invoice.

718.1255(i)(g) AlternativeThe disputeassociation resolution;provides an implied easement across the common elements of the condominium property to the unit owner for purposes of the installation of the electric vehicle charging station or alternative fuel station, and the furnishing of electrical power or the storage of any alternative fuel, including any necessary equipment, to such charging or fuel station, subject to the requirements of this subsection.

voluntarySection mediation;6.

mandatory nonbinding arbitration;

legislative findings.— (4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.—The Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation may employ full-time attorneys to act as arbitrators to conduct the arbitration hearings provided by this chapter.

The division may also certify attorneys who are not employed by the division to act as arbitrators to conduct the arbitration hearings provided by this chapter.

A No person may not be employed by the department as a full-time arbitrator unless he or she is a member in good standing of The Florida Bar.

A person may only be certified by the division to act as an arbitrator if he or she has been a member in good standing of The Florida Bar for at least 5 years and has mediated or arbitrated at least 10 disputes involving condominiums in this state during the 3 years immediately preceding the date of application, mediated or arbitrated at least 30 disputes in any subject area in this state during the 3 years immediately preceding the date of application, or attained board certification in real estate law or condominium and planned development law from The Florida Bar.

Arbitrator certification is valid for 1 year.

An arbitrator who does not maintain the minimum qualifications for initial Page 33 of 52 CODING:

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words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 certification may not have his or her certification renewed.

The department may not enter into a legal services contract for an arbitration hearing under this chapter with an attorney who is not a certified arbitrator unless a certified arbitrator is not available within 50 miles of the dispute.

The department shall adopt rules of procedure to govern such arbitration hearings including mediation incident thereto.

The decision of an arbitrator is shall be final;

however, a decision is shall not be deemed final agency action.

Nothing in this provision shall be construed to foreclose parties from proceeding in a trial de novo unless the parties have agreed that the arbitration is binding.

If judicial proceedings are initiated, the final decision of the arbitrator is shall be admissible in evidence in the trial de novo.

(a) Before Prior to the institution of court litigation, a party to a dispute shall either petition the division for nonbinding arbitration or initiate presuit mediation as provided in subsection (5).

Arbitration is binding on the parties if all parties in arbitration agree to be bound in a writing filed in arbitration.

The petition must be accompanied by a filing fee in the amount of $50.

Filing fees collected under this section must be used to defray the expenses of the alternative dispute resolution program.

(5) PRESUIT MEDIATION.—In lieu of the initiation of nonbinding arbitration as set forth in subsections (1)-(4), a Page 34 of 52 CODING:

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words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 party may submit a dispute to presuit mediation in accordance with s.

720.311.

Election and recall disputes are not eligible for mediation and such disputes must be arbitrated by the division or filed with a court of competent jurisdiction.

Section 7.

(d)Page Any32 directorof who50 willfullyCODING: and knowingly fails to comply with these provisions.

(e) Any tenant leasing a unit, and any other invitee occupying a unit.

Page 35 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 The(d) prevailingAny partydirector inwho anywillfully suchand actionknowingly orfails into anycomply actionwith inthese whichprovisions. the purchaser claims a right of voidability based upon contractual provisions as required in s.

(e) Any tenant leasing a unit, and any other invitee occupying a unit.

The prevailing party in any such action or in any action in which the purchaser claims a right of voidability based upon contractual provisions as required in s.

A fine may be levied by the board on the basis of each day of a continuing violation, withPage a33 singleof notice50 andCODING: opportunity for hearing before a committee as provided in paragraph (b).

However, the fine may not exceed $100 per violation, or $1,000 in the aggregate.

(b) A fine or suspension levied by the board of administration may not be imposed unless the board first Page 36 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 provideswith ata leastsingle 14 days' written notice to the unit owner and, if applicable, any tenant occupant, licensee, or invitee of the unit owner sought to be fined or suspended, and an opportunity for a hearing before a committee ofas atprovided leastin threeparagraph members(b). appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.

However, the fine may not exceed $100 per violation, or $1,000 in the aggregate.

(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days' written notice to the unit owner and, if applicable, any tenant occupant, licensee, or invitee of the unit owner sought to be fined or suspended, and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.

Section 8.7.

Section 718.5014, Florida Statutes, is amended toPage read:34 of 50 CODING:

718.5014 Ombudsman location.—The ombudsman shall maintain his or her principal office in a Leon County on the premises of the division or, if suitable space cannot be provided there, at another place convenient to the offices of the division which Page 37 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 will enable the ombudsman to expeditiouslyread: carry out the duties and functions of his or her office.

718.5014 Ombudsman location.—The ombudsman shall maintain his or her principal office in a Leon County on the premises of the division or, if suitable space cannot be provided there, at another place convenient to the offices of the division which will enable the ombudsman to expeditiously carry out the duties and functions of his or her office.

Section 9.8.

Section 10.9.

The right toPage inspect35 the records includes the right to make or obtain copies, at the reasonable expense, if any, of the50 associationCODING: member.

The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying, but may not require a member to Page 38 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 demonstrateto anyinspect purposethe records includes the right to make or stateobtain anycopies, reasonat forthe reasonable expense, if any, of the inspection.association member.

The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying, but may not require a member to demonstrate any purpose or state any reason for the inspection.

Any person who knowingly or intentionally defaces or destroys accounting records that are required by this chapter to be maintained during the period for which such records are required to be maintained, or who knowingly or intentionally fails to create or maintain accounting records that are required to be created or maintained, with the intent of causing harm to the association or one or more of its members, is personally subject toPage a36 civilof penalty50 underCODING: pursuant to s.

719.501(1)(d).

The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet as described in s.

719.504 and year-end Page 39 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 financial information required by the department, on the cooperative property to ensurea theircivil availabilitypenalty tounder memberspursuant unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to thoses. requesting the same.

719.501(1)(d).

The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet as described in s.

719.504 and year-end financial information required by the department, on the cooperative property to ensure their availability to members unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the same.

90.502 and any record protected by the work- product privilege, including any record prepared by an association attorney or prepared at the attorney's express direction which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation Page 4037 of 5250 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.

Social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit owner other than as provided to fulfill the association's notice requirements, and other personal identifying information of any person, excluding the person's name, unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association'sPage notice38 requirements.of 50 CODING:

Notwithstanding the restrictions in this subparagraph, an association may print and distribute to unit parcel owners a directory containing the name, unit parcel address, and all telephone numbers of each unit parcel owner.

However, an owner may exclude his or her Page 41 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 telephoneassociation's numbersnotice fromrequirements. the directory by so requesting in writing to the association.

Notwithstanding the restrictions in this subparagraph, an association may print and distribute to unit parcel owners a directory containing the name, unit parcel address, and all telephone numbers of each unit parcel owner.

However, an owner may exclude his or her telephone numbers from the directory by so requesting in writing to the association.

Section 11.10.

cooperative ownership.— (1) MANDATORY PROVISIONS.—The bylaws or other cooperative documents shall provide for the following, and if they do not, theyPage shall39 beof deemed50 toCODING: include the following:

Words stricken are deletions;

words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 they shall be deemed to include the following:

Unless otherwise provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be a majority of voting interests, and Pagedecisions 42shall be made by owners of 52a CODING:majority of the voting interests.

Words stricken are deletions;

words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 decisions shall be made by owners of a majority of the voting interests.

General proxies may be used for otherPage matters40 forof which50 limitedCODING: proxies are not required, and may also be used in voting for nonsubstantive changes to items for which a limited proxy is required and given.

Notwithstanding the provisions of this section, unit owners may vote in person at unit owner meetings.

Nothing contained herein shall limit the Page 43 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 useother ofmatters generalfor proxieswhich orlimited requireproxies theare usenot ofrequired, limitedand proxiesmay oralso requirebe theused usein ofvoting limited proxies for anynonsubstantive agendachanges itemto oritems electionfor atwhich anya meetinglimited ofproxy ais timesharerequired cooperative.and given.

Notwithstanding the provisions of this section, unit owners may vote in person at unit owner meetings.

Nothing contained herein shall limit the use of general proxies or require the use of limited proxies or require the use of limited proxies for any agenda item or election at any meeting of a timeshare cooperative.

A board or committee member participating in a meeting via telephone, real-time video conferencing, or similar real- time electronic or video communication counts toward a quorum, and such member may vote as if physically present When some or all of the board or committee members meet by telephone conference,Page those41 boardof or50 committeeCODING: members attending by telephone conference may be counted toward obtaining a quorum and may vote by telephone.

A telephone speaker must shall be used utilized so that the conversation of such those board or committee members attending by telephone may be heard by the Page 44 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 conference, those board or committee members attending inby person,telephone asconference wellmay asbe bycounted anytoward unitobtaining ownersa presentquorum atand amay meeting.vote by telephone.

A telephone speaker must shall be used utilized so that the conversation of such those board or committee members attending by telephone may be heard by the board or committee members attending in person, as well as by any unit owners present at a meeting.

Section 12.11.

association funds;Page 42 of 50 CODING:

recalls.— (2) BOARD MEETINGS.— (c) The bylaws shall provide the following for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to include the following:

Page 45 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 1.funds;

recalls.— (2) BOARD MEETINGS.— (c) The bylaws shall provide the following for giving notice to parcel owners and members of all board meetings and, if they do not do so, shall be deemed to include the following:

1.

When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehendPage the43 entire content of the50 noticeCODING: and the agenda.

In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on the association's website for at least the minimum Page 46 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 periodcomprehend ofthe timeentire forcontent whichof athe notice ofand a meeting is also required to be physically posted on the associationagenda. property.

In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on the association's website for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the association property.

Written notice of any meeting at which special assessments will be considered or at which amendments to rules regardingPage parcel44 useof will50 beCODING: considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.

Page 47 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 3.regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.

3.

Section 13.12.

Subsections (1) and (2) of section 720.305, FloridaPage Statutes,45 areof amended50 toCODING: read:

720.305 Obligations of members;

remedies at law or in equity;

levy of fines and suspension of use rights.— (1) Each member and the member's tenants, guests, and invitees, and each association, are governed by, and must comply Page 48 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 with,Florida thisStatutes, chapterare and,amended theto governingread: documents of the community, and the rules of the association.

720.305 Obligations of members;

remedies at law or in equity;

levy of fines and suspension of use rights.— (1) Each member and the member's tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter and, the governing documents of the community, and the rules of the association.

A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expensesPage 46 of the50 litigation.CODING:

Words stricken are deletions;

words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 expenses of the litigation.

A fine may not exceed $100 per violation against any member or any Pagemember's 49tenant, guest, or invitee for the failure of 52the CODING:owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents.

Words stricken are deletions;

words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 member's tenant, guest, or invitee for the failure of the owner of the parcel or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association unless otherwise provided in the governing documents.

A suspension may not prohibitPage an47 owner or tenant of a50 parcelCODING: from having vehicular and pedestrian ingress to and egress from the parcel, including, but not limited to, the right to park.

(b) A fine or suspension levied by the board of administration may not be imposed unless the board first Page 50 of 52 CODING:

hb0623-02-c2hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 623 2020 providesprohibit atan least 14 days' notice to the parcel owner and, if applicable, any occupant, licensee, or inviteetenant of thea parcel owner,from soughthaving tovehicular beand finedpedestrian oringress suspendedto and anegress opportunityfrom for a hearing before a committee of at least three members appointed by the boardparcel, whoincluding, arebut not officers,limited directors,to, or employees of the association,right orto thepark. spouse, parent, child, brother, or sister of an officer, director, or employee.

(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days' notice to the parcel owner and, if applicable, any occupant, licensee, or invitee of the parcel owner, sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee.

SectionPage 14.48 of 50 CODING:

Words stricken are deletions;

words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 Section 13.

AMENDMENTS.— Page(g) 51A notice required under this section must be mailed or delivered to the address identified as the parcel owner's mailing address in the official records of 52the CODING:association as required under s.

Words stricken are deletions;

words underlined are additions.

hb0623-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 623 2020 (g) A notice required under this section must be mailed or delivered to the address identified as the parcel owner's mailing address in the official records of the association as required under s.

Section 15.14.

The failure of the association to record a noticePage in49 the public record may not be the basis for liability or evidence of discrimination50 orCODING: a discriminatory intention.

SectionWords 16.stricken are deletions;

words underlined are additions.

hb0623-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 623 2020 notice in the public record may not be the basis for liability or evidence of discrimination or a discriminatory intention.

Section 15.

Page 5250 of 5250 CODING:

hb0623-02-c2hb0623-01-c1