FL
Florida House Bill H1033

Florida 2022 Regular Session

Florida House Bill H1033 Compare Versions

OldNewDifferences
11
22
3-CS/HB 1033 2022
3+HB 1033 2022
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1033-01-c1
9-Page 1 of 16
8+hb1033-00
9+Page 1 of 7
1010 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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to homeowners' associations; amending 2
16-s. 720.305, F.S.; requiring the board of 3
17-administration to provide written notice of the 4
18-opportunity for certain hearings to certain persons; 5
19-requiring certain hearings to be held within a 6
20-specified time after certain persons receive a written 7
21-request for such hearing; providing how a written 8
22-request may be provided to certain persons; 9
23-authorizing certain persons to attend the hearing in 10
24-certain ways; authorizing a fine and suspension 11
25-committee to reduce a fine or suspension levied by the 12
26-board; requiring the association to provide written 13
27-notice by electronic transmission to parcel owners of 14
28-the fine and suspension committee's decision; 15
29-providing an appeals process for certain fines and 16
30-suspensions; requiring an appeal to be heard before a 17
31-committee within a specified time after certain 18
32-persons receive written notice of the appeal; 19
33-providing how written notice of an appeal may be 20
34-provided to certain persons; providing for the 21
35-composition of an appeals com mittee; authorizing 22
36-certain persons to attend the appeals committee; 23
37-providing the ways that such persons may attend; 24
38-specifying the role of the appeals committee; 25
16+s. 720.311, F.S.; defining the term "dispute"; 3
17+authorizing parties to initiate nonbinding arbitration 4
18+rather than presuit mediation for certain disputes; 5
19+creating s. 720.319, F.S.; creating the Office of the 6
20+Homeowners' Association Ombudsman within the 7
21+Department of Business and Professional Regulation; 8
22+providing for funding of the office; directing the 9
23+Governor to appoint the ombudsman; requiring the 10
24+ombudsman to be an attorney; prohibiting the 11
25+ombudsman, officers, and full -time employees from 12
26+holding certain positions, engaging in certain 13
27+activities, or receiving certain remuneration; 14
28+providing for the pr incipal location of the 15
29+ombudsman's office; authorizing the ombudsman to 16
30+establish branch offices under specified 17
31+circumstances; providing for the powers and duties of 18
32+the ombudsman; providing an effective date. 19
33+ 20
34+Be It Enacted by the Legislature of the State of Florida: 21
35+ 22
36+ Section 1. Subsection (1) of section 720.311, Florida 23
37+Statutes, is amended and subsection (3) is added to that section 24
38+to read: 25
3939
40-CS/HB 1033 2022
40+HB 1033 2022
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1033-01-c1
46-Page 2 of 16
45+hb1033-00
46+Page 2 of 7
4747 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
4848
4949
5050
51-specifying when a fine or suspension may not be 26
52-imposed; requiring the appeals committee to reduce the 27
53-fine or suspension by a specified percentage under 28
54-certain circumstances; requiring the association to 29
55-provide written notice, in specified ways, to certain 30
56-persons of the decision of the appeals committee; 31
57-specifying when payment of a fine that is appealed is 32
58-due; amending s. 720.311, F.S.; authorizing parties to 33
59-initiate nonbinding arbitration rather than presuit 34
60-mediation for certain disputes; creating s. 720.319, 35
61-F.S.; creating the Office of the Homeowners' 36
62-Association Ombudsman within the De partment of 37
63-Business and Professional Regulation; providing for 38
64-funding of the office; directing the Governor to 39
65-appoint the ombudsman; requiring the ombudsman to be 40
66-an attorney; prohibiting the ombudsman, officers, and 41
67-full-time employees from holding cer tain positions, 42
68-engaging in certain activities, or receiving certain 43
69-remuneration; providing for the principal location of 44
70-the ombudsman's office; authorizing the ombudsman to 45
71-establish branch offices under specified 46
72-circumstances; providing for the powers and duties of 47
73-the ombudsman; providing for the administration of an 48
74-election monitoring process; requiring the Division of 49
75-Florida Condominiums, Timeshares, and Mobile Homes to 50
51+ 720.311 Dispute resolution. — 26
52+ (1)(a) The Legislature finds that alternative dispute 27
53+resolution has made progress in reducing court dockets and 28
54+trials and in offering a more efficient, cost -effective option 29
55+to litigation. The filing of any petition for arbitration or the 30
56+serving of a demand for presuit mediation as provided for in 31
57+this section shall toll t he applicable statute of limitations. 32
58+Any recall dispute filed with the department under s. 33
59+720.303(10) shall be conducted by the department in accordance 34
60+with the provisions of ss. 718.112(2)(j) and 718.1255 and the 35
61+rules adopted by the division. In addit ion, the department shall 36
62+conduct binding arbitration of election disputes between a 37
63+member and an association in accordance with s. 718.1255 and 38
64+rules adopted by the division. Election disputes and recall 39
65+disputes are not eligible for presuit mediation; t hese disputes 40
66+must be arbitrated by the department or filed in a court of 41
67+competent jurisdiction. At the conclusion of an arbitration 42
68+proceeding, the department shall charge the parties a fee in an 43
69+amount adequate to cover all costs and expenses incurred b y the 44
70+department in conducting the proceeding. Initially, the 45
71+petitioner shall remit a filing fee of at least $200 to the 46
72+department. The fees paid to the department shall become a 47
73+recoverable cost in the arbitration proceeding, and the 48
74+prevailing party in an arbitration proceeding shall recover its 49
75+reasonable costs and attorney fees in an amount found reasonable 50
7676
77-CS/HB 1033 2022
77+HB 1033 2022
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1033-01-c1
83-Page 3 of 16
82+hb1033-00
83+Page 3 of 7
8484 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
8585
8686
8787
88-adopt certain rules; providing an effective date. 51
89- 52
90-Be It Enacted by the Le gislature of the State of Florida: 53
91- 54
92- Section 1. Paragraph (b) of subsection (2) of section 55
93-720.305, Florida Statutes, is amended to read: 56
94- 720.305 Obligations of members; remedies at law or in 57
95-equity; levy of fines and suspension of use rights. — 58
96- (2) An association may levy reasonable fines. A fine may 59
97-not exceed $100 per violation against any member or any member's 60
98-tenant, guest, or invitee for the failure of the owner of the 61
99-parcel or its occupant, licensee, or invitee to comply with any 62
100-provision of the declaration, the association bylaws, or 63
101-reasonable rules of the association unless otherwise provided in 64
102-the governing documents. A fine may be levied by the board for 65
103-each day of a continuing violation, with a single notice and 66
104-opportunity for hearin g, except that the fine may not exceed 67
105-$1,000 in the aggregate unless otherwise provided in the 68
106-governing documents. A fine of less than $1,000 may not become a 69
107-lien against a parcel. In any action to recover a fine, the 70
108-prevailing party is entitled to rea sonable attorney fees and 71
109-costs from the nonprevailing party as determined by the court. 72
110- (b)1. A fine or suspension levied by the board of 73
111-administration may not be imposed unless the board first 74
112-provides at least 14 days' notice to the parcel owner and, if 75
88+by the arbitrator. The department shall adopt rules to 51
89+effectuate the purposes of this section. 52
90+ (b) As used in this section, the term "dispute" means any 53
91+disagreement between two or more parties that involves: 54
92+ 1. The authority of the board of directors, under this 55
93+chapter or an association document, to: 56
94+ a. Require any owner to take any action, or not to take 57
95+any action, involving that owner's parcel or the appurtenances 58
96+thereto. 59
97+ b. Alter or add a common area or element. 60
98+ 2. The failure of a governing body, when required by this 61
99+chapter or an association document, to: 62
100+ a. Properly conduct elections. 63
101+ b. Give adequate notice of meetings or o ther actions. 64
102+ c. Properly conduct meetings. 65
103+ d. Allow inspection of books and records. 66
104+ 67
105+The term "dispute" does not include any disagreement that 68
106+primarily involves: title to any parcel or common area; the 69
107+interpretation or enforcement of any warranty; the levy of a fee 70
108+or assessment, or the collection of an assessment levied against 71
109+a party; the eviction or other removal of a tenant from a 72
110+parcel; alleged breaches of fiduciary duty by one or more 73
111+directors; or claims for damages to a parcel based upon the 74
112+alleged failure of the association to maintain the common area 75
113113
114-CS/HB 1033 2022
114+HB 1033 2022
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb1033-01-c1
120-Page 4 of 16
119+hb1033-00
120+Page 4 of 7
121121 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
122122
123123
124124
125-applicable, any occupant, licensee, or invitee of the parcel 76
126-owner, sought to be fined or suspended , and provides written 77
127-notice of an opportunity for a hearing before a fine and 78
128-suspension committee of at least three members appointed by the 79
129-board who are not officers, directors, or employees of the 80
130-association, or the spouse, parent, child, brother, or sister of 81
131-an officer, director, or employee. The hearing must be conducted 82
132-within 14 days after the board of administration receives a 83
133-written request for a hearing by the parcel owner or the 84
134-occupant, licensee, or invitee of the parcel owner sought to be 85
135-fined or suspended, unless the parcel owner or the occupant, 86
136-licensee, or invitee of the parcel owner sought to be fined or 87
137-suspended requests a later date in writing. The request must be 88
138-made by United States mail, hand delivery, or e -mail to the 89
139-board, a manager, the fine and suspension committee, or a 90
140-designated officer. The parcel owner, occupant, licensee, or 91
141-invitee sought to be fined or suspended has a right to appear 92
142-before the fine and suspension committee and may do so in person 93
143-or by telephone, real -time videoconferencing, or similar real -94
144-time electronic or video communication. If the fine and 95
145-suspension committee, by majority vote, does not ap prove or 96
146-reduce a proposed fine or suspension, the proposed fine or 97
147-suspension may not be imposed. The role of the fine and 98
148-suspension committee is limited to determining whether to 99
149-confirm, or reject, or reduce the fine or suspension levied by 100
125+or community property. 76
126+ (3) In lieu of the initiation of presuit mediation under 77
127+this section, a party may submit an eligible dispute to 78
128+nonbinding arbitration in accordance with s. 718.1255. 79
129+ Section 2. Section 720.319, Florida Statutes, is created 80
130+to read: 81
131+ 720.319 Homeowners' association ombudsman. — 82
132+ (1) ADMINISTRATION; APPOINTMENT; LOCATION. — 83
133+ (a) There is created an Office of the Home owners' 84
134+Association Ombudsman to be located, for administrative 85
135+purposes, within the Department of Business and Professional 86
136+Regulation. The functions of the office shall be funded by the 87
137+General Appropriations Act. 88
138+ (b) The Governor shall appoint the omb udsman. The 89
139+ombudsman must be an attorney admitted to practice before the 90
140+Florida Supreme Court and shall serve at the pleasure of the 91
141+Governor. The ombudsman, an officer, or a full -time employee of 92
142+the ombudsman's office may not actively engage in any oth er 93
143+business or profession that directly or indirectly relates to or 94
144+conflicts with his or her work in the ombudsman's office; serve 95
145+as the representative of any political party, executive 96
146+committee, or other governing body of a political party; serve 97
147+as an executive, officer, or employee of a political party; 98
148+receive remuneration for activities on behalf of any candidate 99
149+for public office; or engage in soliciting votes or other 100
150150
151-CS/HB 1033 2022
151+HB 1033 2022
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb1033-01-c1
157-Page 5 of 16
156+hb1033-00
157+Page 5 of 7
158158 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
159159
160160
161161
162-the board. If the proposed fine or suspension levied by the 101
163-board is approved by the fine and suspension committee, the fine 102
164-payment is due 5 days after notice of the approved fine is 103
165-provided to the parcel owner and, if applicable, to any 104
166-occupant, licensee, or invi tee of the parcel owner. The 105
167-association must provide written notice of such fine or 106
168-suspension by United States mail or hand delivery to the parcel 107
169-owner and, if applicable, to any occupant, licensee, or invitee 108
170-of the parcel owner. The association must a lso provide the 109
171-written notice by electronic transmission to the parcel owner's 110
172-e-mail address, if the parcel owner's e -mail address is 111
173-maintained in the association's official records. 112
174- 2. Within 3 days after receiving written notice that the 113
175-fine or suspension was approved by the fine and suspension 114
176-committee, a parcel owner or, if applicable, the occupant, 115
177-licensee, or invitee of the parcel owner, who is fined or 116
178-suspended, may appeal the fine or suspension by providing 117
179-written notice of such appeal to the board, a manager, the fine 118
180-and suspension committee, or a designated officer by United 119
181-States mail, hand delivery, or e -mail. 120
182- 3. An association must give a parcel owner or, if 121
183-applicable, any occupant, licensee, or invitee of the parcel 122
184-owner, who appeals a fine or suspension, an opportunity for a 123
185-hearing before an appeals committee made up of at least five 124
186-members appointed by the board who are not officers, directors, 125
162+activities on behalf of a candidate for public office. The 101
163+ombudsman, an officer , or a full-time employee of the 102
164+ombudsman's office may not become a candidate for election to 103
165+public office unless he or she first resigns from his or her 104
166+office or employment. 105
167+ (c) The ombudsman shall maintain his or her principal 106
168+office at a place conv enient to the department, which will 107
169+enable the ombudsman to expeditiously carry out the duties and 108
170+functions of his or her office. The ombudsman may establish 109
171+branch offices elsewhere in the state upon the concurrence of 110
172+the Governor. 111
173+ (2) POWERS AND DUTIES.—The ombudsman has the powers 112
174+necessary to carry out the duties of his or her office, 113
175+including, but not limited to: 114
176+ (a) Having access to and use of all files and records of a 115
177+homeowners' association. 116
178+ (b) Employing professional and clerical staff a s necessary 117
179+for the efficient operation of the office. 118
180+ (c) Preparing and issuing reports and recommendations to 119
181+the Governor, the department, the President of the Senate, and 120
182+the Speaker of the House of Representatives on any matter or 121
183+subject within the jurisdiction of chapter 720. 122
184+ (d) Acting as a liaison between the department, parcel 123
185+owners, boards of directors, board members, community 124
186+association managers, and other affected parties. The ombudsman 125
187187
188-CS/HB 1033 2022
188+HB 1033 2022
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193-hb1033-01-c1
194-Page 6 of 16
193+hb1033-00
194+Page 6 of 7
195195 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
196196
197197
198198
199-employees of the association, or members of the fine and 126
200-suspension committee, or the spouse, parent, child, brother, or 127
201-sister of an officer, director, employee, or member of the fine 128
202-and suspension committee. The parcel owner or the occupant, 129
203-licensee, or invitee of the parcel owner fined or suspended has 130
204-a right to appear before the appeals committee and may do so in 131
205-person or by telephone, real -time videoconferencing, or similar 132
206-real-time electronic or video communication. The role of the 133
207-appeals committee is limited to determining whether to confirm, 134
208-reject, or reduce the fine or su spension levied by the board and 135
209-confirmed by the fine and suspension committee. If the appeals 136
210-committee, by majority vote, does not approve or reduce the fine 137
211-or suspension, the fine or suspension may not be imposed. If the 138
212-violation that resulted in the fine or suspension is corrected 139
213-before the hearing, the appeals committee must reduce the fine 140
214-or suspension by at least 50 percent. The association must 141
215-provide written notice of the appeals committee's decision by 142
216-United States mail or hand delivery to the parcel owner and, if 143
217-applicable, to the occupant, licensee, or invitee of the parcel 144
218-owner who received the fine or suspension. The association must 145
219-also provide the written notice by electronic transmission to 146
220-the parcel owner's e -mail address, if the parcel owner's e-mail 147
221-address is maintained in the association's official records. 148
222-Payment of a fine that is appealed in compliance with this 149
223-paragraph is due 5 days after notice of the appeals committee's 150
199+shall develop policies and procedures to assist par cel owners, 126
200+boards of directors, board members, community association 127
201+managers, and other affected parties to understand their rights 128
202+and responsibilities, as set forth in this chapter, and the 129
203+governing documents that govern their respective associations. 130
204+The ombudsman shall coordinate and assist in the preparation and 131
205+adoption of educational and reference material, and shall 132
206+endeavor to coordinate with private or volunteer providers of 133
207+these services, so that the availability of these resources is 134
208+made known to the largest possible audience. 135
209+ (e) Monitoring and reviewing procedures and disputes 136
210+concerning elections or meetings. 137
211+ (f) Making recommendations to the department for changes 138
212+in rules and procedures for the filing, investigation, and 139
213+resolution of complaints filed by parcel owners, associations, 140
214+and managers. 141
215+ (g) Providing resources to assist members of boards of 142
216+directors and officers of associations to carry out their powers 143
217+and duties consistent with this chapter and the governing 144
218+documents that govern the association. 145
219+ (h) Encouraging and facilitating voluntary meetings 146
220+between parcel owners, boards of directors, board members, 147
221+community association managers, and other affected parties when 148
222+the meetings may assist in resolving a dispute wit hin a 149
223+homeowners' association before a person submits a dispute for a 150
224224
225-CS/HB 1033 2022
225+HB 1033 2022
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230-hb1033-01-c1
231-Page 7 of 16
230+hb1033-00
231+Page 7 of 7
232232 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
233233
234234
235235
236-decision is provided to the parcel owner and, if applicable, to 151
237-the occupant, licensee, or invitee of the parcel owner. 152
238- Section 2. Paragraph (a) of subsection (2) of section 153
239-720.311, Florida Statutes, is amended and subsection (3) is 154
240-added to that section to read: 155
241- 720.311 Dispute resolution. — 156
242- (2)(a) Disputes between an association and a parcel owner 157
243-regarding use of or changes to the parcel or the common areas 158
244-and other covenant enforcement disputes, disputes regarding 159
245-amendments to the association documents, disputes regarding 160
246-meetings of the board and committees appointed by the board, 161
247-membership meetings not including election meetings, and access 162
248-to the official records of the association must shall be the 163
249-subject of a demand for presuit mediation served by an aggrieved 164
250-party or a petition for nonbinding arbitration as provided in 165
251-subsection (3) before the dispute is filed in court. Presuit 166
252-mediation proceedings must be conducted in accordance with the 167
253-applicable Florida Rules of Civil Procedure, and these 168
254-proceedings are privileged and confiden tial to the same extent 169
255-as court-ordered mediation. Disputes subject to presuit 170
256-mediation under this section may shall not include the 171
257-collection of any assessment, fine, or other financial 172
258-obligation, including attorney attorney's fees and costs, 173
259-claimed to be due or any action to enforce a prior mediation 174
260-settlement agreement between the parties. Also, in any dispute 175
261-
262-CS/HB 1033 2022
263-
264-
265-
266-CODING: Words stricken are deletions; words underlined are additions.
267-hb1033-01-c1
268-Page 8 of 16
269-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
270-
271-
272-
273-subject to presuit mediation under this section where emergency 176
274-relief is required, a motion for temporary injunctive relief may 177
275-be filed with the court without first complying with the presuit 178
276-mediation requirements of this section. After any issues 179
277-regarding emergency or temporary relief are resolved, the court 180
278-may either refer the parties to a mediation program administered 181
279-by the courts or require mediation under this section. An 182
280-arbitrator or judge may not consider any information or evidence 183
281-arising from the presuit mediation proceeding except in a 184
282-proceeding to impose sanctions for failure to attend a presuit 185
283-mediation session or to enfo rce a mediated settlement agreement. 186
284-Persons who are not parties to the dispute may not attend the 187
285-presuit mediation conference without the consent of all parties, 188
286-except for counsel for the parties and a corporate 189
287-representative designated by the associat ion. When mediation is 190
288-attended by a quorum of the board, such mediation is not a board 191
289-meeting for purposes of notice and participation set forth in s. 192
290-720.303. An aggrieved party must shall serve on the responding 193
291-party a written demand to participate in presuit mediation in 194
292-substantially the following form: 195
293-STATUTORY OFFER TO PARTICIPATE 196
294-IN PRESUIT MEDIATION 197
295-The alleged aggrieved party, ................, hereby demands 198
296-that ................, as the responding party, engage in 199
297-mandatory presuit mediation in connection with the following 200
298-
299-CS/HB 1033 2022
300-
301-
302-
303-CODING: Words stricken are deletions; words underlined are additions.
304-hb1033-01-c1
305-Page 9 of 16
306-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
307-
308-
309-
310-disputes, which by statute are of a type that are subject to 201
311-presuit mediation: 202
312-(List specific nature of the dispute or disputes to be mediated 203
313-and the authority supporting a finding of a violation as to each 204
314-dispute.) 205
315-Pursuant to section 720.311, Florida Statutes, this demand to 206
316-resolve the dispute through presuit mediation is required before 207
317-a lawsuit can be filed concerning the dispute. Pursuant to the 208
318-statute, the parties are required to engage in presuit mediation 209
319-with a neutral third-party mediator in order to attempt to 210
320-resolve this dispute without court action, and the aggrieved 211
321-party demands that you likewise agree to this process. If you 212
322-fail to participate in the mediation process, suit may be 213
323-brought against you without further warning. 214
324-The process of mediation involves a supervised negotiation 215
325-process in which a trained, neutral third -party mediator meets 216
326-with both parties and assists them in exploring possible 217
327-opportunities for resolving part or all of the di spute. By 218
328-agreeing to participate in presuit mediation, you are not bound 219
329-in any way to change your position. Furthermore, the mediator 220
330-has no authority to make any decisions in this matter or to 221
331-determine who is right or wrong and merely acts as a facilit ator 222
332-to ensure that each party understands the position of the other 223
333-party and that all options for reasonable settlement are fully 224
334-explored. 225
335-
336-CS/HB 1033 2022
337-
338-
339-
340-CODING: Words stricken are deletions; words underlined are additions.
341-hb1033-01-c1
342-Page 10 of 16
343-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
344-
345-
346-
347-If an agreement is reached, it shall be reduced to writing and 226
348-becomes a binding and enforceable commitment of the parties. A 227
349-resolution of one or more disputes in this fashion avoids the 228
350-need to litigate these issues in court. The failure to reach an 229
351-agreement, or the failure of a party to participate in the 230
352-process, results in the mediator declaring an impasse in th e 231
353-mediation, after which the aggrieved party may proceed to court 232
354-on all outstanding, unsettled disputes. If you have failed or 233
355-refused to participate in the entire mediation process, you will 234
356-not be entitled to recover attorney attorney's fees, even if you 235
357-prevail. 236
358-The aggrieved party has selected and hereby lists five certified 237
359-mediators who we believe to be neutral and qualified to mediate 238
360-the dispute. You have the right to select any one of these 239
361-mediators. The fact that one party may be familiar with o ne or 240
362-more of the listed mediators does not mean that the mediator 241
363-cannot act as a neutral and impartial facilitator. Any mediator 242
364-who cannot act in this capacity is required ethically to decline 243
365-to accept engagement. The mediators that we suggest, and the ir 244
366-current hourly rates, are as follows: 245
367-(List the names, addresses, telephone numbers, and hourly rates 246
368-of the mediators. Other pertinent information about the 247
369-background of the mediators may be included as an attachment.) 248
370-You may contact the offices of t hese mediators to confirm that 249
371-the listed mediators will be neutral and will not show any 250
372-
373-CS/HB 1033 2022
374-
375-
376-
377-CODING: Words stricken are deletions; words underlined are additions.
378-hb1033-01-c1
379-Page 11 of 16
380-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
381-
382-
383-
384-favoritism toward either party. The Florida Supreme Court can 251
385-provide you a list of certified mediators. 252
386-Unless otherwise agreed by the parties, section 720.311(2)(b) , 253
387-Florida Statutes, requires that the parties share the costs of 254
388-presuit mediation equally, including the fee charged by the 255
389-mediator. An average mediation may require three to four hours 256
390-of the mediator's time, including some preparation time, and the 257
391-parties would need to share equally the mediator's fees as well 258
392-as their own attorney attorney's fees if they choose to employ 259
393-an attorney in connection with the mediation. However, use of an 260
394-attorney is not required and is at the option of each party. The 261
395-mediators may require the advance payment of some or all of the 262
396-anticipated fees. The aggrieved party hereby agrees to pay or 263
397-prepay one-half of the mediator's estimated fees and to forward 264
398-this amount or such other reasonable advance deposits as the 265
399-mediator requires for this purpose. Any funds deposited will be 266
400-returned to you if these are in excess of your share of the fees 267
401-incurred. 268
402-To begin your participation in presuit mediation to try to 269
403-resolve the dispute and avoid further legal action, please sign 270
404-below and clearly indicate which mediator is acceptable to you. 271
405-We will then ask the mediator to schedule a mutually convenient 272
406-time and place for the mediation conference to be held. The 273
407-mediation conference must be held within ninety (90) days after 274
408-of this date, unless extended by mutual written agreement. In 275
409-
410-CS/HB 1033 2022
411-
412-
413-
414-CODING: Words stricken are deletions; words underlined are additions.
415-hb1033-01-c1
416-Page 12 of 16
417-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
418-
419-
420-
421-the event that you fail to respond within 20 days after from the 276
422-date of this letter, or if you fail to agree to at least one of 277
423-the mediators that we have suggested or to pay or prepay to the 278
424-mediator one-half of the costs involved, the aggrieved party 279
425-will be authorized to proceed with the filing of a lawsuit 280
426-against you without further notice and may seek an award of 281
427-attorney attorney's fees or costs incurred in attempting to 282
428-obtain mediation. 283
429-Therefore, please give this matter your immediate attention. By 284
430-law, your response must be mailed by certified mail, return 285
431-receipt requested, and by first -class mail to the address shown 286
432-on this demand. 287
433-........................ 288
434-........................ 289
435-RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR AGREEMENT TO 290
436-THAT CHOICE. 291
437-AGREEMENT TO MEDIATE 292
438-The undersigned hereby agrees to participate in presuit 293
439-mediation and agrees to attend a mediation conducted by the 294
440-following mediator or mediators who are listed abov e as someone 295
441-who would be acceptable to mediate this dispute: 296
442-(List acceptable mediator or mediators.) 297
443-I/we further agree to pay or prepay one -half of the mediator's 298
444-fees and to forward such advance deposits as the mediator may 299
445-require for this purpose. 300
446-
447-CS/HB 1033 2022
448-
449-
450-
451-CODING: Words stricken are deletions; words underlined are additions.
452-hb1033-01-c1
453-Page 13 of 16
454-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
455-
456-
457-
458-........................ 301
459-Signature of responding party #1 302
460-........................ 303
461-Telephone contact information 304
462-........................ 305
463-Signature and telephone contact information of responding party 306
464-#2 (if applicable)(if property is owned by more than one person, 307
465-all owners must sign) 308
466- (3) In lieu of initiating presuit mediation under this 309
467-section, an aggrieved party may submit a dispute subject to 310
468-presuit mediation under subsection (2) to nonbinding arbitration 311
469-in accordance with s. 718.1255. 312
470- Section 3. Section 720.319, Florida Statutes, is created 313
471-to read: 314
472- 720.319 Homeowners' association ombudsman. — 315
473- (1) ADMINISTRATION; APPOINTMENT; LOCATION. — 316
474- (a) There is created an Office of the Homeowners' 317
475-Association Ombudsman to be located, for administrative 318
476-purposes, within the Department of Business and Professional 319
477-Regulation. The functions of the office shall be funded by the 320
478-General Appropriations Act. 321
479- (b) The Governor shall appoint the ombudsman. The 322
480-ombudsman must be an attorney admitte d to practice before the 323
481-Florida Supreme Court and shall serve at the pleasure of the 324
482-Governor. The ombudsman, an officer, or a full -time employee of 325
483-
484-CS/HB 1033 2022
485-
486-
487-
488-CODING: Words stricken are deletions; words underlined are additions.
489-hb1033-01-c1
490-Page 14 of 16
491-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
492-
493-
494-
495-the ombudsman's office may not actively engage in any other 326
496-business or profession that directly or indire ctly relates to or 327
497-conflicts with his or her work in the ombudsman's office; serve 328
498-as the representative or an executive, officer, or employee of 329
499-any political party, executive committee, or other governing 330
500-body of a political party; receive remuneration f or activities 331
501-on behalf of any candidate for public office; or engage in 332
502-soliciting votes or other activities on behalf of a candidate 333
503-for public office. The ombudsman, an officer, or a full -time 334
504-employee of the ombudsman's office may not become a candidat e 335
505-for election to public office unless he or she first resigns 336
506-from his or her office or employment. 337
507- (c) The ombudsman shall maintain his or her principal 338
508-office at a place convenient to the department, which will 339
509-enable the ombudsman to expeditiously carry out the duties and 340
510-functions of his or her office. The ombudsman may establish 341
511-branch offices elsewhere in the state upon the concurrence of 342
512-the Governor. 343
513- (2) POWERS AND DUTIES. —The ombudsman has the powers 344
514-necessary to carry out the duties of his or her office, 345
515-including, but not limited to: 346
516- (a) Employing professional and clerical staff as necessary 347
517-for the efficient operation of the office. 348
518- (b) Preparing and issuing reports and recommendations to 349
519-the Governor, the department, the President of the Senate, and 350
520-
521-CS/HB 1033 2022
522-
523-
524-
525-CODING: Words stricken are deletions; words underlined are additions.
526-hb1033-01-c1
527-Page 15 of 16
528-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
529-
530-
531-
532-the Speaker of the House of Representatives on any matter or 351
533-subject within the jurisdiction of this chapter. 352
534- (c) Acting as a liaison between the department, parcel 353
535-owners, boards of directors, board members, community 354
536-association managers, and other affected parties. The ombudsman 355
537-shall develop policies and procedures to assist parcel owners, 356
538-boards of directors, board members, community association 357
539-managers, and other affected parties to understand their rights 358
540-and responsibilities, as s et forth in this chapter, and the 359
541-governing documents that govern their respective associations. 360
542-The ombudsman shall coordinate and assist in the preparation and 361
543-adoption of educational and reference material, and shall 362
544-endeavor to coordinate with private or volunteer providers of 363
545-these services, so that the availability of these resources is 364
546-made known to the largest possible audience. 365
547- (d) Monitoring and reviewing procedures and disputes 366
548-concerning elections or meetings. 367
549- (e) Providing resources to assi st members of boards of 368
550-directors and officers of associations to carry out their powers 369
551-and duties consistent with this chapter and the governing 370
552-documents that govern the association. 371
553- (f) Encouraging and facilitating voluntary meetings 372
554-between parcel owners, boards of directors, board members, 373
555-community association managers, and other affected parties when 374
556-the meetings may assist in resolving a dispute within a 375
557-
558-CS/HB 1033 2022
559-
560-
561-
562-CODING: Words stricken are deletions; words underlined are additions.
563-hb1033-01-c1
564-Page 16 of 16
565-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
566-
567-
568-
569-homeowners' association before a person submits a dispute for a 376
570-formal or administrative reme dy. It is the intent of the 377
571-Legislature that the ombudsman act as a neutral resource for 378
572-both the rights and responsibilities of parcel owners, 379
573-associations, and board members. 380
574- (g) Assisting with the resolution of disputes between 381
575-parcel owners and the a ssociation, or between parcel owners, if 382
576-applicable. 383
577- (3) ELECTION MONITORING. — 384
578- (a) Fifteen percent of the total voting interests in a 385
579-homeowners' association, or six parcel owners, whichever is 386
580-greater, may petition the ombudsman to appoint an election 387
581-monitor to attend the annual meeting of the parcel owners and 388
582-conduct the election of directors. 389
583- (b) The ombudsman shall appoint a division employee, a 390
584-person who specializes in homeowners' association election 391
585-monitoring, or an attorney licensed to pra ctice in the state as 392
586-the election monitor. 393
587- (c) The association must pay all costs associated with the 394
588-election monitoring process. 395
589- (d) The division shall adopt a rule establishing 396
590-procedures for the appointment of election monitors and the 397
591-scope and extent of the monitor's role in the election process. 398
592- Section 4. This act shall take effect July 1, 2022. 399
236+formal or administrative remedy. It is the intent of the 151
237+Legislature that the ombudsman act as a neutral resource for 152
238+both the rights and responsibilities of parcel owners, 153
239+associations, and board members. 154
240+ (i) Assisting with the resolution of disputes between 155
241+parcel owners and the association, or between parcel owners, if 156
242+applicable. 157
243+ Section 3. This act shall take effect July 1, 2022. 158