CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 1 of 30
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
A bill to be entitled 1
An act relating to homeowners' associations; amending 2
s. 468.4334, F.S.; providing requirements for certain 3
community association managers and community 4
association management firms; amending s. 468.4337, 5
F.S.; requiring certain community association manag ers 6
to take a specific number of hours of continuing 7
education biennially; amending s. 720.303, F.S.; 8
requiring official records of a homeowners' 9
association to be maintained for a certain number of 10
years; requiring a certain association to post certain 11
documents on its website or make such documents 12
available through an application by a date certain; 13
providing requirements for an association's website or 14
application; providing requirements for notices posted 15
on an association's website or application; requ iring 16
an association to provide certain information to 17
parcel owners upon request; requiring an association 18
to ensure certain information and records are not 19
accessible on the website or application; providing 20
that an association or its agent is not liable for the 21
disclosure of certain information; requiring an 22
association to adopt certain rules; providing criminal 23
penalties; requiring an association to provide or make 24
available subpoenaed records within a certain 25
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 2 of 30
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
timeframe; requiring an association to assi st in a law 26
enforcement investigation as allowed by law; requiring 27
certain associations to prepare audited financial 28
statements; prohibiting associations from preparing 29
financial statements for consecutive fiscal years; 30
prohibiting certain persons from usi ng a debit card 31
issued in the name of the association for certain 32
purposes; providing a criminal penalty; defining the 33
term "lawful obligation of the association"; amending 34
s. 720.3033, F.S.; providing education requirements 35
for newly elected or appointed directors; providing 36
requirements for the educational curriculum; requiring 37
certain directors to complete a certain number of 38
hours of continuing education annually; requiring the 39
Department of Business and Professional Regulation to 40
adopt certain rules; p roviding criminal penalties for 41
certain actions by an officer, a director, or a 42
manager of an association; defining the term 43
"kickback"; requiring a vacancy to be declared if a 44
director or an officer is charged by information for 45
any criminal violation und er the chapter; amending s. 46
720.3035, F.S.; requiring an association or any 47
architectural, construction improvement, or other such 48
similar committee of an association to apply and 49
enforce certain standards reasonably and equitably; 50
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 3 of 30
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
requiring an association or any architectural, 51
construction improvement, or other such similar 52
committee of an association to provide certain written 53
notice to a parcel owner; amending s. 720.3085, F.S.; 54
conforming a cross-reference; amending s. 720.317, 55
F.S.; providing that a ho meowner may consent to online 56
voting electronically, as well as in writing, and that 57
association boards must establish reasonable 58
procedures for giving such consent; providing an 59
effective date. 60
61
Be It Enacted by the Legislature of the State of Florida : 62
63
Section 1. Subsection (3) is added to section 468.4334, 64
Florida Statutes, to read: 65
468.4334 Professional practice standards; liability ; 66
community association manager requirements .— 67
(3) A community association manager or community 68
association management firm that is authorized by contract to 69
provide community association management services to a 70
homeowners' association must do all of the following: 71
(a) Attend in person at least one member meeting or board 72
meeting of the homeowners' association a nnually. 73
(b) Provide to the members of the homeowners' association 74
the name and contact information for each community association 75
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 4 of 30
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
manager or representative of a community association management 76
firm assigned to the homeowners' association, the manager's or 77
representative's hours of availability, and a summary of the 78
duties for which the manager or representative is responsible. 79
The homeowners' association must also post this information on 80
the association's website or application required under s. 81
720.303(4)(b). The community association manager or community 82
association management firm must update the homeowners' 83
association and its members within 14 business days after any 84
change to such information. 85
(c) Provide to any member upon request a copy of the 86
contract between the community association manager or community 87
association management firm and the homeowners' association and 88
include such contract with association's governing documents. 89
Section 2. Section 468.4337, Florida Statutes, is amended 90
to read: 91
468.4337 Continuing education. —The department may not 92
renew a license until the licensee submits proof that the 93
licensee has completed the requisite hours of continuing 94
education. No more than 10 hours of continuing education 95
annually shall be requ ired for renewal of a license. The number 96
of continuing education hours, criteria, and course content 97
shall be approved by the council by rule. The council may not 98
require more than 10 hours of continuing education annually for 99
renewal of a license. A comm unity association manager who 100
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 5 of 30
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
provides community association management services to a 101
homeowners' association must biennially complete at least 5 102
hours of continuing education that pertains specifically to 103
homeowners' associations, 3 hours of which must re late to 104
recordkeeping. 105
Section 3. Subsections (4) and (5), paragraph (f) of 106
subsection (6), and paragraphs (a) and (d) of subsection (7) of 107
section 720.303, Florida Statutes, are amended, and subsection 108
(13) is added to that section, to read: 109
720.303 Association powers and duties; meetings of board; 110
official records; budgets; financial reporting; association 111
funds; recalls.— 112
(4) OFFICIAL RECORDS. — 113
(a) The association shall maintain each of the following 114
items, when applicable, for at least 7 years , unless the 115
governing documents of the association require a longer period 116
of time, which constitute the official records of the 117
association: 118
1.(a) Copies of any plans, specifications, permits, and 119
warranties related to improvements constructed on the common 120
areas or other property that the association is obligated to 121
maintain, repair, or replace. 122
2.(b) A copy of the bylaws of the association and of each 123
amendment to the bylaws. 124
3.(c) A copy of the articles of incorporation of the 125
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 6 of 30
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
association and of each amendment thereto. 126
4.(d) A copy of the declaration of covenants and a copy of 127
each amendment thereto. 128
5.(e) A copy of the current rules of t he homeowners' 129
association. 130
6.(f) The minutes of all meetings of the board of 131
directors and of the members , which minutes must be retained for 132
at least 7 years. 133
7.(g) A current roster of all members and their designated 134
mailing addresses and parcel ide ntifications. A member's 135
designated mailing address is the member's property address, 136
unless the member has sent written notice to the association 137
requesting that a different mailing address be used for all 138
required notices. The association shall also main tain the e-mail 139
addresses and the facsimile numbers designated by members for 140
receiving notice sent by electronic transmission of those 141
members consenting to receive notice by electronic transmission. 142
A member's e-mail address is the e -mail address the mem ber 143
provided when consenting in writing to receiving notice by 144
electronic transmission, unless the member has sent written 145
notice to the association requesting that a different e -mail 146
address be used for all required notices. The e -mail addresses 147
and facsimile numbers provided by members to receive notice by 148
electronic transmission must be removed from association records 149
when the member revokes consent to receive notice by electronic 150
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 7 of 30
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
transmission. However, the association is not liable for an 151
erroneous disclosure of the e-mail address or the facsimile 152
number for receiving electronic transmission of notices. 153
8.(h) All of the association's insurance policies or a 154
copy thereof, which policies must be retained for at least 7 155
years. 156
9.(i) A current copy of all contracts to which the 157
association is a party, including, without limitation, any 158
management agreement, lease, or other contract under which the 159
association has any obligation or responsibility. Bids received 160
by the association for work to be performed are must also be 161
considered official records and must be kept for a period of 1 162
year. 163
10.(j) The financial and accounting records of the 164
association, kept according to good accounting practices. All 165
financial and accounting records must be maintained for a period 166
of at least 7 years. The financial and accounting records must 167
include: 168
a.1. Accurate, itemized, and detailed records of all 169
receipts and expenditures. 170
b.2. A current account and a periodic statement of the 171
account for each member, designatin g the name and current 172
address of each member who is obligated to pay assessments, the 173
due date and amount of each assessment or other charge against 174
the member, the date and amount of each payment on the account, 175
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 8 of 30
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
and the balance due. 176
c.3. All tax returns, financial statements, and financial 177
reports of the association. 178
d.4. Any other records that identify, measure, record, or 179
communicate financial information. 180
11.(k) A copy of the disclosure summary described in s. 181
720.401(1). 182
12.(l) Ballots, sign-in sheets, voting proxies, and all 183
other papers and electronic records relating to voting by parcel 184
owners, which must be maintained for at least 1 year after the 185
date of the election, vote, or meeting. 186
13.(m) All affirmative acknowledgme nts made pursuant to s. 187
720.3085(3)(c)3. 188
14.(n) All other written records of the association not 189
specifically included in this subsection which are related to 190
the operation of the association. 191
(b)1. By January 1, 2025, an association that has 100 192
parcels or more shall post a current digital copy of the 193
documents specified in subparagraph 3. on its website or make 194
such documents available through an application that can be 195
downloaded on a mobile device. 196
2. The association's website or application must be 197
accessible through the Internet and must contain a subpage, web 198
portal, or other protected electronic location that is 199
inaccessible to the general public and accessible only to parcel 200
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 9 of 30
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
owners and employees of the association. 201
3. A current copy of the f ollowing documents must be 202
posted in digital format on the association's website or 203
application: 204
a. The articles of incorporation of the association and 205
each amendment thereto. 206
b. The recorded bylaws of the association and each 207
amendment thereto. 208
c. The declaration of covenants and a copy of each 209
amendment thereto. 210
d. The current rules of the association. 211
e. A list of all current executory contracts or documents 212
to which the association is a party or under which the 213
association or the parcel owner s have an obligation or 214
responsibility and, after bidding for the related materials, 215
equipment, or services has closed, a list of bids received by 216
the association within the past year. 217
f. The annual budget required by subsection (6) and any 218
proposed budget to be considered at the annual meeting. 219
g. The financial report required by subsection (7) and any 220
monthly income or expense statement to be considered at a 221
meeting. 222
h. The association's current insurance policies. 223
i. The certification of each director as required by s. 224
720.3033(1)(a). 225
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 10 of 30
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
j. All contracts or transactions between the association 226
and any director, officer, corporation, firm, or association 227
that is not an affiliated homeowners' association or any other 228
entity in which a director of an association is also a director 229
or officer and has a financial interest. 230
k. Any contract or document regarding a conflict of 231
interest or possible conflict of interest as provided in ss. 232
468.436(2)(b)6. and 720.3033(2). 233
l. Notice of any scheduled meet ing of members and the 234
agenda for the meeting, as required by s. 720.306, no later than 235
14 days before such meeting. The notice must be posted in plain 236
view on the homepage of the website or application, or on a 237
separate subpage of the website or applicati on labeled "Notices" 238
which is conspicuously visible and linked from the homepage. The 239
association must also post on its website or application any 240
document to be considered and voted on by the members during the 241
meeting or any document listed on the meetin g agenda at least 7 242
days before the meeting at which such document or information 243
within the document will be considered. 244
m. Notice of any board meeting, the agenda, and any other 245
document required for such meeting as required by subsection 246
(3), which must be posted on the website or application no later 247
than the date required for notice under subsection (3). 248
4. Upon written request by a parcel owner, the association 249
must provide the parcel owner with a username and password and 250
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 11 of 30
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
access to the protected sections of the association's website or 251
application which contains the official documents of the 252
association. 253
5. The association shall ensure that the information and 254
records described in paragraph (5)(d), which are not allowed to 255
be accessible to parce l owners, are not posted on the 256
association's website or application. If protected information 257
or information restricted from being accessible to parcel owners 258
is included in documents that are required to be posted on the 259
association's website or applicat ion, the association must 260
ensure the information is redacted before posting the documents. 261
Notwithstanding the foregoing, the association or its authorized 262
agent is not liable for disclosing information that is protected 263
or restricted under paragraph (5)(d ) unless such disclosure was 264
made with a knowing or intentional disregard of the protected or 265
restricted nature of such information. 266
(c) The association shall adopt written rules governing 267
the method or policy by which the official records of the 268
association are to be retained and for how long such records 269
must be retained pursuant to paragraph (a). Such information 270
must be made available to the parcel owners through the 271
association's website or application. 272
(5) INSPECTION AND COPYING OF RECORDS. — 273
(a) Unless otherwise provided by law or the governing 274
documents of the association, the official records must shall be 275
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 12 of 30
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
maintained within the state for at least 7 years and shall be 276
made available to a parcel owner for inspection or photocopying 277
within 45 miles of the community or within the county in which 278
the association is located within 10 business days after receipt 279
by the board or its designee of a written request from the 280
parcel owner. This subsection may be complied with by having a 281
copy of the official records available for inspection or copying 282
in the community or, at the option of the association, by making 283
the records available to a parcel owner electronically via the 284
Internet or by allowing the records to be viewed in electronic 285
format on a computer screen and printed upon request. If the 286
association has a photocopy machine available where the records 287
are maintained, it must provide parcel owners with copies on 288
request during the inspection if the entire request is limited 289
to no more than 25 pages. A n association shall allow a member or 290
his or her authorized representative to use a portable device, 291
including a smartphone, tablet, portable scanner, or any other 292
technology capable of scanning or taking photographs, to make an 293
electronic copy of the offi cial records in lieu of the 294
association's providing the member or his or her authorized 295
representative with a copy of such records. The association may 296
not charge a fee to a member or his or her authorized 297
representative for the use of a portable device. 298
(b)(a) The failure of an association to provide access to 299
the records within 10 business days after receipt of a written 300
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 13 of 30
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
request submitted by certified mail, return receipt requested, 301
creates a rebuttable presumption that the association willfully 302
failed to comply with this subsection. 303
(c)(b) A member who is denied access to official records 304
is entitled to the actual damages or minimum damages for the 305
association's willful failure to comply with this subsection. 306
The minimum damages are to be $50 per cale ndar day up to 10 307
days, the calculation to begin on the 11th business day after 308
receipt of the written request. 309
(d) Any director or member of the board or association or 310
a community association manager who knowingly, willfully, and 311
repeatedly violates pa ragraph (a), with the intent of causing 312
harm to the association or one or more of its members, commits a 313
misdemeanor of the second degree, punishable as provided in s. 314
775.082 or s. 775.083. For purposes of this paragraph, the term 315
"repeatedly" means two o r more violations within a 12 -month 316
period. 317
(e) Any person who knowingly and intentionally defaces or 318
destroys accounting records during the period in which such 319
records are required to be maintained, or who knowingly or 320
intentionally fails to create or maintain accounting records 321
that are required to be created or maintained, with the intent 322
of causing harm to the association or one or more of its 323
members, commits a misdemeanor of the first degree, punishable 324
as provided in s. 775.082 or s. 775.083. 325
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 14 of 30
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
(f) Any person who willfully and knowingly refuses to 326
release or otherwise produce association records with the intent 327
to avoid or escape detection, arrest, trial, or punishment for 328
the commission of a crime, or to assist another person with such 329
avoidance or escape, commits a felony of the third degree, 330
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 331
(g)(c) The association may adopt reasonable written rules 332
governing the frequency, time, location, notice, records to be 333
inspected, and manne r of inspections, but may not require a 334
parcel owner to demonstrate any proper purpose for the 335
inspection, state any reason for the inspection, or limit a 336
parcel owner's right to inspect records to less than one 8 -hour 337
business day per month. The associati on may impose fees to cover 338
the costs of providing copies of the official records, including 339
the costs of copying and the costs required for personnel to 340
retrieve and copy the records if the time spent retrieving and 341
copying the records exceeds one -half hour and if the personnel 342
costs do not exceed $20 per hour. Personnel costs may not be 343
charged for records requests that result in the copying of 25 or 344
fewer pages. The association may charge up to 25 cents per page 345
for copies made on the association's photo copier. If the 346
association does not have a photocopy machine available where 347
the records are kept, or if the records requested to be copied 348
exceed 25 pages in length, the association may have copies made 349
by an outside duplicating service and may charge the actual cost 350
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 15 of 30
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
of copying, as supported by the vendor invoice. The association 351
shall maintain an adequate number of copies of the recorded 352
governing documents, to ensure their availability to members and 353
prospective members. Notwithstanding this subsection paragraph, 354
the following records are not accessible to members or parcel 355
owners: 356
1. Any record protected by the lawyer -client privilege as 357
described in s. 90.502 and any record protected by the work -358
product privilege, including, but not limited to, a reco rd 359
prepared by an association attorney or prepared at the 360
attorney's express direction which reflects a mental impression, 361
conclusion, litigation strategy, or legal theory of the attorney 362
or the association and which was prepared exclusively for civil 363
or criminal litigation or for adversarial administrative 364
proceedings or which was prepared in anticipation of such 365
litigation or proceedings until the conclusion of the litigation 366
or proceedings. 367
2. Information obtained by an association in connection 368
with the approval of the lease, sale, or other transfer of a 369
parcel. 370
3. Information an association obtains in a gated community 371
in connection with guests' visits to parcel owners or community 372
residents. 373
4. Personnel records of association or management compa ny 374
employees, including, but not limited to, disciplinary, payroll, 375
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 16 of 30
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
health, and insurance records. For purposes of this 376
subparagraph, the term "personnel records" does not include 377
written employment agreements with an association or management 378
company employee or budgetary or financial records that indicate 379
the compensation paid to an association or management company 380
employee. 381
5. Medical records of parcel owners or community 382
residents. 383
6. Social security numbers, driver license numbers, credit 384
card numbers, electronic mailing addresses, telephone numbers, 385
facsimile numbers, emergency contact information, any addresses 386
for a parcel owner other than as provided for association notice 387
requirements, and other personal identifying information of any 388
person, excluding the person's name, parcel designation, mailing 389
address, and property address. Notwithstanding the restrictions 390
in this subparagraph, an association may print and distribute to 391
parcel owners a directory containing the name, parcel address, 392
and all telephone numbers of each parcel owner. However, an 393
owner may exclude his or her telephone numbers from the 394
directory by so requesting in writing to the association. An 395
owner may consent in writing to the disclosure of other contact 396
information described in this subparagraph. The association is 397
not liable for the disclosure of information that is protected 398
under this subparagraph if the information is included in an 399
official record of the association and is voluntarily provided 400
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 17 of 30
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
by an owner and not requeste d by the association. 401
7. Any electronic security measure that is used by the 402
association to safeguard data, including passwords. 403
8. The software and operating system used by the 404
association which allows the manipulation of data, even if the 405
owner owns a copy of the same software used by the association. 406
The data is part of the official records of the association. 407
9. All affirmative acknowledgments made pursuant to s. 408
720.3085(3)(c)3. 409
(h)(d) The association or its authorized agent is not 410
required to provide a prospective purchaser or lienholder with 411
information about the residential subdivision or the association 412
other than information or documents required by this chapter to 413
be made available or disclosed. The association or its 414
authorized agent may charge a reasonable fee to the prospective 415
purchaser or lienholder or the current parcel owner or member 416
for providing good faith responses to requests for information 417
by or on behalf of a prospective purchaser or lienholder, other 418
than that required by la w, if the fee does not exceed $150 plus 419
the reasonable cost of photocopying and any attorney fees 420
incurred by the association in connection with the response. 421
(i) If an association receives a subpoena for records from 422
a law enforcement agency, the associ ation must provide a copy of 423
such records or otherwise make the records available for 424
inspection and copying to a law enforcement agency within 5 425
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 18 of 30
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
business days after receipt of the subpoena, unless otherwise 426
specified by the law enforcement agency or subpo ena. An 427
association must assist a law enforcement agency in its 428
investigation to the extent permissible by law. 429
(6) BUDGETS.— 430
(f) After one or more reserve accounts are established, 431
the membership of the association, upon a majority vote at a 432
meeting at which a quorum is present, may provide for no 433
reserves or less reserves than required by this section. If a 434
meeting of the parcel unit owners has been called to determine 435
whether to waive or reduce the funding of reserves and such 436
result is not achieved or a quorum is not present, the reserves 437
as included in the budget go into effect. After the turnover, 438
the developer may vote its voting interest to waive or reduce 439
the funding of reserves. Any vote taken pursuant to this 440
subsection to waive or reduce rese rves is applicable only to one 441
budget year. 442
(7) FINANCIAL REPORTING. —Within 90 days after the end of 443
the fiscal year, or annually on the date provided in the bylaws, 444
the association shall prepare and complete, or contract with a 445
third party for the preparation and completion of, a financial 446
report for the preceding fiscal year. Within 21 days after the 447
final financial report is completed by the association or 448
received from the third party, but not later than 120 days after 449
the end of the fiscal year or other date as provided in the 450
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 19 of 30
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
bylaws, the association shall, within the time limits set forth 451
in subsection (5), provide each member with a copy of the annual 452
financial report or a written notice that a copy of the 453
financial report is available upon request at no charge to the 454
member. Financial reports shall be prepared as follows: 455
(a) An association that meets the criteria of this 456
paragraph shall prepare or cause to be prepared a complete set 457
of financial statements in accordance with generally accepted 458
accounting principles as adopted by the Board o f Accountancy. 459
The financial statements shall be based upon the association's 460
total annual revenues, as follows: 461
1. An association with total annual revenues of $150,000 462
or more, but less than $300,000, shall prepare compiled 463
financial statements. 464
2. An association with total annual revenues of at least 465
$300,000, but less than $500,000, shall prepare reviewed 466
financial statements. 467
3. An association with total annual revenues of $500,000 468
or more shall prepare audited financial statements. 469
4. An association with 1,000 parcels or more shall prepare 470
audited financial statements, notwithstanding the association's 471
total annual revenues. 472
(d) If approved by a majority of the voting interests 473
present at a properly called meeting of the association, an 474
association may prepare or cause to be prepared: 475
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 20 of 30
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
1. A report of cash receipts and expenditures in lieu of a 476
compiled, reviewed, or audited financial statement; 477
2. A report of cash receipts and expenditures or a 478
compiled financial statement in lieu of a revi ewed or audited 479
financial statement; or 480
3. A report of cash receipts and expenditures, a compiled 481
financial statement, or a reviewed financial statement in lieu 482
of an audited financial statement. 483
484
An association may not prepare a financial statement purs uant to 485
this paragraph for consecutive fiscal years. 486
(13) DEBIT CARDS.— 487
(a) An association and its officers, directors, employees, 488
and agents may not use a debit card issued in the name of the 489
association, or billed directly to the association, for the 490
payment of any association expenses. 491
(b) A person who uses a debit card issued in the name of 492
the association, or billed directly to the association, for any 493
expense that is not a lawful obligation of the association 494
commits theft as provided under s. 8 12.014. 495
496
For the purposes of this subsection, the term "lawful obligation 497
of the association" means an obligation that has been properly 498
preapproved by the board and is reflected in the meeting minutes 499
or the written budget. 500
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 21 of 30
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
Section 4. Subsections (1) and (3) and paragraph (a) of 501
subsection (4) of section 720.3033, Florida Statutes, are 502
amended to read: 503
720.3033 Officers and directors. — 504
(1)(a) Within 90 days after being elected or appointed to 505
the board, each director shall certify in writing to the 506
secretary of the association that he or she has read the 507
association's declaration of covenants, articles of 508
incorporation, bylaws, and current written rules and policies; 509
that he or she will work to uphold such documents and policies 510
to the best of his o r her ability; and that he or she will 511
faithfully discharge his or her fiduciary responsibility to the 512
association's members. Within 90 days after being elected or 513
appointed to the board, in lieu of such written certification, 514
the newly elected or appointe d director must may submit a 515
certificate of having satisfactorily completed the educational 516
curriculum administered by a department-approved division-517
approved education provider. 518
1. The newly elected or appointed director must complete 519
the department-approved education for newly elected or appointed 520
directors within 90 days after being elected or appointed. 521
2. The certificate of completion is valid for a maximum of 522
4 years. 523
3. At least every 4 years, a director must complete the 524
education specific to newly elected or appointed directors. 525
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 22 of 30
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
4. The department-approved educational curriculum specific 526
to newly elected or appointed directors must include training 527
relating to financial literacy and transparency, recordkeeping, 528
levying of fines, and notice an d meeting requirements. 529
5. In addition to the educational curriculum specific to 530
newly elected or appointed directors: 531
a. A director of an association that has fewer than 2,500 532
parcels must complete at least 4 hours of continuing education 533
annually. 534
b. A director of an association that has 2,500 parcels or 535
more must complete at least 8 hours of continuing education 536
annually within 1 year before or 90 days after the date of 537
election or appointment . 538
(b) The written certification or educational certifi cate 539
is valid for the uninterrupted tenure of the director on the 540
board. A director who does not timely file the written 541
certification or educational certificate is shall be suspended 542
from the board until he or she complies with the requirement. 543
The board may temporarily fill the vacancy during the period of 544
suspension. 545
(c) The association shall retain each director's written 546
certification or educational certificate for inspection by the 547
members for 5 years after the director's election. However, the 548
failure to have the written certification or educational 549
certificate on file does not affect the validity of any board 550
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 23 of 30
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
action. 551
(d) The department shall adopt rules to implement and 552
administer the educational curriculum and continuing education 553
requirements under this subsection. 554
(3) An officer, a director, or a manager may not solicit, 555
offer to accept, or accept a kickback. As used in this 556
subsection, the term "kickback" means any thing or service of 557
value for which consideration has not been provided for an 558
officer's, a director's, or a manager's his or her benefit or 559
for the benefit of a member of his or her immediate family from 560
any person providing or proposing to provide goods or services 561
to the association. An officer, a director, or a manager who 562
knowingly solicits, offers to accept, or accepts a any thing or 563
service of value or kickback commits a felony of the third 564
degree, punishable as provided in s. 775.082, s. 775.083, or s. 565
775.084, and for which consideration has not been provided for 566
his or her own benefit or that of his or her immediate family 567
from any person providing or proposing to provide goods or 568
services to the association is subject to monetary damages under 569
s. 617.0834. If the board finds that an officer or a director 570
has violated this subsection, the board shall immediately remove 571
the officer or director from office. The vacancy shall be filled 572
according to law until the end of the officer's or director's 573
term of office. However, an officer, a director, or a manager 574
may accept food to be consumed at a business meeting with a 575
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 24 of 30
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
value of less than $25 per individual or a service or good 576
received in connection with trade fairs or education programs. 577
(4)(a) A director or an officer charged by information or 578
indictment with any of the follow ing crimes must be removed from 579
office and a vacancy declared : 580
1. Forgery of a ballot envelope or voting certificate used 581
in a homeowners' association election as provided in s. 831.01. 582
2. Theft or embezzlement involving the association's funds 583
or property as provided in s. 812.014. 584
3. Destruction of or the refusal to allow inspection or 585
copying of an official record of a homeowners' association which 586
is accessible to parcel owners within the time periods required 587
by general law, in furtherance of any crime. Such act 588
constitutes tampering with physical evidence as provided in s. 589
918.13. 590
4. Obstruction of justice as provided in chapter 843. 591
5. Any criminal violation under this chapter. 592
Section 5. Subsections (1) and (4) of section 720.3035, 593
Florida Statutes, are amended to read: 594
720.3035 Architectural control covenants; parcel owner 595
improvements; rights and privileges. — 596
(1) The authority of an association or any architectural, 597
construction improvement, or other such similar committee of an 598
association to review and approve plans and specifications for 599
the location, size, type, or appearance of any structure or 600
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 25 of 30
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
other improvement on a parcel, or to enforce standards for the 601
external appearance of any structure or improvement located on a 602
parcel, is shall be permitted only to the extent that the 603
authority is specifically stated or reasonably inferred as to 604
such location, size, type, or appearance in the declaration of 605
covenants or other published guidelines and standards authorized 606
by the declaration of covenants. An association or any 607
architectural, construction improvement, or similar committee of 608
an association must reasonably and equitably apply and enforce 609
on all parcel owners the architectural and construction 610
improvement standards authorized by the declaration of covenants 611
or other published guidelines and standards authorized by the 612
declaration of covenants. 613
(4) Each parcel owner is shall be entitled to the rights 614
and privileges set forth in the declaration of covenants or 615
other published guidelines and standards authorized by the 616
declaration of covenants concerning the architectural use of the 617
parcel, and the construction of permitted structures and 618
improvements on the parcel and such rights and privileges may 619
shall not be unreasonably inf ringed upon or impaired by the 620
association or any architectural, construction improvement, or 621
other such similar committee of the association. If the 622
association or any architectural, construction improvement, or 623
other such similar committee of the associa tion denies a parcel 624
owner's request or application for the construction of a 625
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 26 of 30
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
structure or other improvement on a parcel, the association or 626
committee must provide written notice to the parcel owner 627
stating with specificity the rule or covenant on which th e 628
association or committee relied when denying the request or 629
application and the specific aspect or part of the proposed 630
improvement that does not conform to such rule or covenant. If 631
the association or any architectural, construction improvement, 632
or other such similar committee of the association should 633
unreasonably, knowingly, and willfully infringe upon or impair 634
the rights and privileges set forth in the declaration of 635
covenants or other published guidelines and standards authorized 636
by the declaration of covenants, the adversely affected parcel 637
owner is shall be entitled to recover damages caused by such 638
infringement or impairment, including any costs and reasonable 639
attorney attorney's fees incurred in preserving or restoring the 640
rights and privileges of the parcel owner set forth in the 641
declaration of covenants or other published guidelines and 642
standards authorized by the declaration of covenants. 643
Section 6. Paragraph (c) of subsec tion (3) of section 644
720.3085, Florida Statutes, is amended to read: 645
720.3085 Payment for assessments; lien claims. — 646
(3) Assessments and installments on assessments that are 647
not paid when due bear interest from the due date until paid at 648
the rate provided in the declaration of covenants or the bylaws 649
of the association, which rate may not exceed the rate allowed 650
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 27 of 30
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
by law. If no rate is provided in the declaration or bylaws, 651
interest accrues at the rate of 18 percent per year. 652
(c)1. If an association send s out an invoice for 653
assessments or a parcel's statement of the account described in 654
s. 720.303(4)(a)10.b. s. 720.303(4)(j)2., the invoice for 655
assessments or the parcel's statement of account must be 656
delivered to the parcel owner by first -class United States mail 657
or by electronic transmission to the parcel owner's e -mail 658
address maintained in the association's official records. 659
2. Before changing the method of delivery for an invoice 660
for assessments or the statement of the account, the association 661
must deliver a written notice of such change to each parcel 662
owner. The written notice must be delivered to the parcel owner 663
at least 30 days before the association sends the invoice for 664
assessments or the statement of the account by the new delivery 665
method. The notice must be sent by first -class United States 666
mail to the owner at his or her last address as reflected in the 667
association's records and, if such address is not the parcel 668
address, must be sent by first -class United States mail to the 669
parcel address. Notice is deemed to have been delivered upon 670
mailing as required by this subparagraph. 671
3. A parcel owner must affirmatively acknowledge his or 672
her understanding that the association will change its method of 673
delivery of the invoice for assessments or the st atement of the 674
account before the association may change the method of 675
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 28 of 30
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
delivering an invoice for assessments or the statement of 676
account. The parcel owner may make the affirmative 677
acknowledgment electronically or in writing. 678
Section 7. Section 720.317, Florida Statutes, is amended 679
to read: 680
720.317 Electronic voting. — 681
(1) The association may conduct elections and other 682
membership votes through an Internet -based online voting system 683
if a member consents, electronically or in writing, to online 684
voting and if the following requirements are met: 685
(a)(1) The association provides each member with: 686
1.(a) A method to authenticate the member's identity to 687
the online voting system. 688
2.(b) A method to confirm, at least 14 days before the 689
voting deadline, tha t the member's electronic device can 690
successfully communicate with the online voting system. 691
3.(c) A method that is consistent with the election and 692
voting procedures in the association's bylaws. 693
(b)(2) The association uses an online voting system that 694
is: 695
1.(a) Able to authenticate the member's identity. 696
2.(b) Able to authenticate the validity of each electronic 697
vote to ensure that the vote is not altered in transit. 698
3.(c) Able to transmit a receipt from the online voting 699
system to each member wh o casts an electronic vote. 700
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 29 of 30
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
4.(d) Able to permanently separate any authentication or 701
identifying information from the electronic election ballot, 702
rendering it impossible to tie an election ballot to a specific 703
member. This paragraph only applies if the association's bylaws 704
provide for secret ballots for the election of directors. 705
5.(e) Able to store and keep electronic ballots accessible 706
to election officials for recount, inspection, and review 707
purposes. 708
(2)(3) A member voting electronically pursuant to this 709
section shall be counted a s being in attendance at the meeting 710
for purposes of determining a quorum. 711
(3)(4) This section applies to an association that 712
provides for and authorizes an online voting system pursuant to 713
this section by a board resolution. The board resolution must 714
provide that members receive notice of the opportunity to vote 715
through an online voting system, must establish reasonable 716
procedures and deadlines for members to consent, electronically 717
or in writing, to online voting, and must establish reasonable 718
procedures and deadlines for members to opt out of online voting 719
after giving consent. Written notice of a meeting at which the 720
board resolution regarding online voting will be considered must 721
be mailed, delivered, or electronically transmitted to the unit 722
owners and posted conspicuously on the condominium property or 723
association property at least 14 days before the meeting. 724
Evidence of compliance with the 14 -day notice requirement must 725
CS/CS/HB 1243 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1243-02-c2
Page 30 of 30
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
be made by an affidavit executed by the person providing the 726
notice and filed with the official records of the association. 727
(4)(5) A member's consent to online voting is valid until 728
the member opts out of online voting pursuant to the procedures 729
established by the board of administration pursuant to 730
subsection (3) (4). 731
(5)(6) This section may apply to any matter that requires 732
a vote of the members. 733
Section 8. This act shall take effect July 1, 2024. 734