| 18 | | - | exceeding $500 in the aggregate; requiring an 5 |
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| 19 | | - | association to provide certain notice to a member at 6 |
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| 20 | | - | his or her designated mailing address; providing an 7 |
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| 21 | | - | exception; providing requirements for such notice; 8 |
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| 22 | | - | prohibiting the imposition of a fine or suspension 9 |
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| 23 | | - | under certain circumstances; providing an effective 10 |
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| 24 | | - | date. 11 |
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| 25 | | - | 12 |
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| 26 | | - | Be It Enacted by the Legislature of the State of Florida: 13 |
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| 27 | | - | 14 |
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| 28 | | - | Section 1. Subsection (2) of section 720.305, Florida 15 |
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| 29 | | - | Statutes, is amended to read: 16 |
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| 30 | | - | 720.305 Obligations of members; remedies at law or in 17 |
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| 31 | | - | equity; levy of fines and suspension of use rights. — 18 |
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| 32 | | - | (2) An association may levy reasonable fines. A fine may 19 |
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| 33 | | - | not exceed $100 per violation against any member or any member's 20 |
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| 34 | | - | tenant, guest, or invitee for the failure of the owner of the 21 |
|---|
| 35 | | - | parcel or its occupant, licensee, or invitee to comply with any 22 |
|---|
| 36 | | - | provision of the declaration, the association bylaws, or 23 |
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| 37 | | - | reasonable rules of the association unless otherwise provided in 24 |
|---|
| 38 | | - | the governing documents. A fine may be levied by the board for 25 |
|---|
| 18 | + | exceeding $500 in the aggregate; conforming provision 5 |
|---|
| 19 | + | to change made by the act; providing an effective 6 |
|---|
| 20 | + | date. 7 |
|---|
| 21 | + | 8 |
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| 22 | + | Be It Enacted by the Legislature of the State of Florida: 9 |
|---|
| 23 | + | 10 |
|---|
| 24 | + | Section 1. Subsection (2) of section 720.305, Florida 11 |
|---|
| 25 | + | Statutes, is amended to read: 12 |
|---|
| 26 | + | 720.305 Obligations of members; remedies at law or in 13 |
|---|
| 27 | + | equity; levy of fines and suspension of use rights. — 14 |
|---|
| 28 | + | (2) An association may levy reasonable fines. A fine may 15 |
|---|
| 29 | + | not exceed $100 per violation against any member or any member's 16 |
|---|
| 30 | + | tenant, guest, or invitee for the failure of the owner of the 17 |
|---|
| 31 | + | parcel or its occupant, licensee, or invitee to comply with any 18 |
|---|
| 32 | + | provision of the declaration, the association bylaws, or 19 |
|---|
| 33 | + | reasonable rules of the association unless otherwise provided in 20 |
|---|
| 34 | + | the governing documents. A fine may be levied by the board for 21 |
|---|
| 35 | + | each day of a continuing violation, with a single notice and 22 |
|---|
| 36 | + | opportunity for hearing, except that the fine may not exceed 23 |
|---|
| 37 | + | $500 $1,000 in the aggregate unless otherwise provided in the 24 |
|---|
| 38 | + | governing documents. A fine of les s than $500 $1,000 may not 25 |
|---|
| 51 | | - | each day of a continuing violat ion, with a single notice and 26 |
|---|
| 52 | | - | opportunity for hearing, except that the fine may not exceed 27 |
|---|
| 53 | | - | $500 $1,000 in the aggregate unless otherwise provided in the 28 |
|---|
| 54 | | - | governing documents. The notice must be sent to a member's 29 |
|---|
| 55 | | - | designated mailing address, which is the mem ber's property 30 |
|---|
| 56 | | - | address, unless the member has sent written notice to the 31 |
|---|
| 57 | | - | association requesting that a different mailing address be used 32 |
|---|
| 58 | | - | for such notice. The notice must include a description of the 33 |
|---|
| 59 | | - | alleged violation and the specific actions required to cu re such 34 |
|---|
| 60 | | - | violation. If the member cures the alleged violation within 14 35 |
|---|
| 61 | | - | days after receiving notice from the association, a fine or 36 |
|---|
| 62 | | - | suspension may not be imposed for such violation. A fine of less 37 |
|---|
| 63 | | - | than $1,000 may not become a lien against a parcel. In any 38 |
|---|
| 64 | | - | action to recover a fine, the prevailing party is entitled to 39 |
|---|
| 65 | | - | reasonable attorney fees and costs from the nonprevailing party 40 |
|---|
| 66 | | - | as determined by the court. 41 |
|---|
| 67 | | - | (a) An association may suspend, for a reasonable period of 42 |
|---|
| 68 | | - | time, the right of a member, or a member's tenant, guest, or 43 |
|---|
| 69 | | - | invitee, to use common areas and facilities for the failure of 44 |
|---|
| 70 | | - | the owner of the parcel or its occupant, licensee, or invitee to 45 |
|---|
| 71 | | - | comply with any provision of the declaration, the association 46 |
|---|
| 72 | | - | bylaws, or reasonable rules of the association. This paragraph 47 |
|---|
| 73 | | - | does not apply to that portion of common areas used to provide 48 |
|---|
| 74 | | - | access or utility services to the parcel. A suspension may not 49 |
|---|
| 75 | | - | prohibit an owner or tenant of a parcel from having vehicular 50 |
|---|
| 51 | + | become a lien against a parcel. In any action to recover a fine, 26 |
|---|
| 52 | + | the prevailing party is entitled to reasonable attorney fees and 27 |
|---|
| 53 | + | costs from the nonprevailing party as determined by the court. 28 |
|---|
| 54 | + | (a) An association may suspend, fo r a reasonable period of 29 |
|---|
| 55 | + | time, the right of a member, or a member's tenant, guest, or 30 |
|---|
| 56 | + | invitee, to use common areas and facilities for the failure of 31 |
|---|
| 57 | + | the owner of the parcel or its occupant, licensee, or invitee to 32 |
|---|
| 58 | + | comply with any provision of the declarati on, the association 33 |
|---|
| 59 | + | bylaws, or reasonable rules of the association. This paragraph 34 |
|---|
| 60 | + | does not apply to that portion of common areas used to provide 35 |
|---|
| 61 | + | access or utility services to the parcel. A suspension may not 36 |
|---|
| 62 | + | prohibit an owner or tenant of a parcel from ha ving vehicular 37 |
|---|
| 63 | + | and pedestrian ingress to and egress from the parcel, including, 38 |
|---|
| 64 | + | but not limited to, the right to park. 39 |
|---|
| 65 | + | (b) A fine or suspension levied by the board of 40 |
|---|
| 66 | + | administration may not be imposed unless the board first 41 |
|---|
| 67 | + | provides at least 14 days' not ice to the parcel owner and, if 42 |
|---|
| 68 | + | applicable, any occupant, licensee, or invitee of the parcel 43 |
|---|
| 69 | + | owner, sought to be fined or suspended and an opportunity for a 44 |
|---|
| 70 | + | hearing before a committee of at least three members appointed 45 |
|---|
| 71 | + | by the board who are not officers, d irectors, or employees of 46 |
|---|
| 72 | + | the association, or the spouse, parent, child, brother, or 47 |
|---|
| 73 | + | sister of an officer, director, or employee. If the committee, 48 |
|---|
| 74 | + | by majority vote, does not approve a proposed fine or 49 |
|---|
| 75 | + | suspension, the proposed fine or suspension may not be imposed. 50 |
|---|
| 88 | | - | and pedestrian ingress to and egress from the parcel , including, 51 |
|---|
| 89 | | - | but not limited to, the right to park. 52 |
|---|
| 90 | | - | (b) A fine or suspension levied by the board of 53 |
|---|
| 91 | | - | administration may not be imposed unless the board first 54 |
|---|
| 92 | | - | provides at least 14 days' notice to the parcel owner and, if 55 |
|---|
| 93 | | - | applicable, any occupant, licensee, or invitee of the parcel 56 |
|---|
| 94 | | - | owner, sought to be fined or suspended and an opportunity for a 57 |
|---|
| 95 | | - | hearing before a committee of at least three members appointed 58 |
|---|
| 96 | | - | by the board who are not officers, directors, or employees of 59 |
|---|
| 97 | | - | the association, or the spouse, parent, c hild, brother, or 60 |
|---|
| 98 | | - | sister of an officer, director, or employee. If the committee, 61 |
|---|
| 99 | | - | by majority vote, does not approve a proposed fine or 62 |
|---|
| 100 | | - | suspension, the proposed fine or suspension may not be imposed. 63 |
|---|
| 101 | | - | The role of the committee is limited to determining wheth er to 64 |
|---|
| 102 | | - | confirm or reject the fine or suspension levied by the board. If 65 |
|---|
| 103 | | - | the proposed fine or suspension levied by the board is approved 66 |
|---|
| 104 | | - | by the committee, the fine payment is due 5 days after notice of 67 |
|---|
| 105 | | - | the approved fine is provided to the parcel owner and, i f 68 |
|---|
| 106 | | - | applicable, to any occupant, licensee, or invitee of the parcel 69 |
|---|
| 107 | | - | owner. The association must provide written notice of such fine 70 |
|---|
| 108 | | - | or suspension by mail or hand delivery to the parcel owner and, 71 |
|---|
| 109 | | - | if applicable, to any occupant, licensee, or invitee of the 72 |
|---|
| 110 | | - | parcel owner. 73 |
|---|
| 111 | | - | Section 2. This act shall take effect July 1, 2023. 74 |
|---|
| 88 | + | The role of the committee is limited to determining whether to 51 |
|---|
| 89 | + | confirm or reject the fine or suspension levied by the board. If 52 |
|---|
| 90 | + | the proposed fine or suspension levied by the board is approved 53 |
|---|
| 91 | + | by the committee, the fine payment is due 5 days after notice of 54 |
|---|
| 92 | + | the approved fine is provided to the parcel owner and, if 55 |
|---|
| 93 | + | applicable, to any occupant, licensee, or invitee of the parcel 56 |
|---|
| 94 | + | owner. The association must provide written notice of such fine 57 |
|---|
| 95 | + | or suspension by mail or hand delivery to the parcel owner and, 58 |
|---|
| 96 | + | if applicable, to any occupant, licensee, or invitee of the 59 |
|---|
| 97 | + | parcel owner. 60 |
|---|
| 98 | + | Section 2. This act shall take effect July 1, 2023. 61 |
|---|