Florida Senate - 2024 SB 7044 By the Committee on Regulated Industries 580-02635-24 20247044__ 1 A bill to be entitled 2 An act relating to homeowners associations; amending 3 s. 468.4334, F.S.; providing requirements for certain 4 community association managers and community 5 association management firms; amending s. 468.4337, 6 F.S.; prohibiting the Regulatory Council of Community 7 Association Managers from requiring more than a 8 specified number of hours of continuing education 9 annually for license renewal; requiring certain 10 community association managers to biennially complete 11 a specified number of hours of continuing education, 12 including a specified number of hours on a specified 13 subject; amending s. 720.303, F.S.; requiring an 14 association to post such documents on its website or 15 make such documents available through an application 16 by a specified date; providing construction; requiring 17 an association to provide certain information to 18 parcel owners upon request; requiring an association 19 to ensure certain information and records are not 20 accessible on the website or application; providing 21 that an association or its agent is not liable for the 22 disclosure of certain information; requiring an 23 association to adopt certain rules; providing criminal 24 penalties for directors or members of the board or 25 association and community association managers who 26 knowingly, willfully, and repeatedly fail to maintain 27 and make available specific records; defining the term 28 repeatedly; providing criminal penalties for persons 29 who knowingly and intentionally deface or destroy, or 30 intentionally fail to maintain, specified accounting 31 records; providing criminal penalties for persons who 32 willfully and intentionally refuse to release certain 33 records for specific purposes; requiring an 34 association to provide or make available subpoenaed 35 records within a certain timeframe; requiring an 36 association to assist in a law enforcement 37 investigation as allowed by law; requiring that 38 certain associations use an independent certified 39 public accountant to prepare their annual budgets; 40 prohibiting an association and its officers, 41 directors, employees, and agents from using a debit 42 card issued in the name of the association; providing 43 that persons who violate such prohibition commit theft 44 under s. 812.014, F.S., punishable as provided in that 45 section; amending s. 720.3033, F.S.; deleting a 46 requirement that an officer or director certify in 47 writing to the secretary of the association that they 48 have read certain documents; requiring newly elected 49 or appointed directors to complete certain educational 50 curriculum approved by the department within a certain 51 time period; requiring a director to retake the 52 educational curriculum after a certain time period; 53 providing subject matter for the educational 54 curriculum; requiring certain directors of an 55 association to annually complete a minimum amount of 56 continuing education; requiring the department to 57 adopt rules; providing criminal penalties for 58 officers, directors, and managers of an association 59 who accept bribes or kickbacks; requiring a director 60 or officer to be removed from office and a vacancy to 61 be declared for certain actions taken; making 62 technical changes; amending s. 720.3035, F.S.; 63 requiring an association or any architectural, 64 construction improvement, or other such committee of 65 an association to apply and enforce certain standards 66 in a specified manner with regard to all parcel 67 owners; requiring such committees to provide certain 68 written notice to a parcel owner if a certain request 69 or application is denied; making technical changes; 70 amending s. 720.3065, F.S.; providing criminal 71 penalties for certain violations related to fraudulent 72 voting activity related to association elections; 73 making technical changes; amending s. 720.3085, F.S.; 74 conforming a cross-reference; providing an effective 75 date. 76 77 Be It Enacted by the Legislature of the State of Florida: 78 79 Section 1.Section 468.4334, Florida Statutes, is amended 80 to read: 81 468.4334Professional practice standards; liability; 82 requirements for community association managers, management 83 firms. 84 (1)(a)A community association manager or a community 85 association management firm is deemed to act as agent on behalf 86 of a community association as principal within the scope of 87 authority authorized by a written contract or under this 88 chapter. A community association manager and a community 89 association management firm shall discharge duties performed on 90 behalf of the association as authorized by this chapter loyally, 91 skillfully, and diligently; dealing honestly and fairly; in good 92 faith; with care and full disclosure to the community 93 association; accounting for all funds; and not charging 94 unreasonable or excessive fees. 95 (b)If a community association manager or a community 96 association management firm has a contract with a community 97 association that is subject to s. 553.899, the community 98 association manager or the community association management firm 99 must comply with that section as directed by the board. 100 (2)(a)A contract between a community association and a 101 community association manager or a contract between a community 102 association and a community association management firm may 103 provide that the community association indemnifies and holds 104 harmless the community association manager and the community 105 association management firm for ordinary negligence resulting 106 from the manager or management firms act or omission that is 107 the result of an instruction or direction of the community 108 association. This paragraph does not preclude any other 109 negotiated indemnity or hold harmless provision. 110 (b)Indemnification under paragraph (a) may not cover any 111 act or omission that violates a criminal law; derives an 112 improper personal benefit, either directly or indirectly; is 113 grossly negligent; or is reckless, is in bad faith, is with 114 malicious purpose, or is in a manner exhibiting wanton and 115 willful disregard of human rights, safety, or property. 116 (3)A community association manager or a community 117 association management firm that is authorized by contract to 118 provide community association management services to a 119 homeowners association shall do all of the following: 120 (a)Attend, in person, at least one member meeting or board 121 meeting of the homeowners association annually. 122 (b)Provide to the members of the homeowners association 123 the name of and contact information for each community 124 association manager or representative of the community 125 association management firm assigned to the homeowners 126 association, the managers or representatives hours of 127 availability, and a summary of the duties for which the manager 128 or representative is responsible. The homeowners association 129 shall also post this information on the associations website or 130 the application required under s. 720.303(4)(b). The community 131 association manager or community association management firm 132 shall notify the homeowners association and its members within 133 14 business days after any change to such information. 134 (c)Upon request, provide to any member a copy of the 135 contract between the community association manager or community 136 association management firm and the homeowners association and 137 keep such contract as an official record of the association. 138 Section 2.Section 468.4337, Florida Statutes, is amended 139 to read: 140 468.4337Continuing education.The department may not renew 141 a license until the licensee submits proof that the licensee has 142 completed the requisite hours of continuing education. No more 143 than 10 hours of continuing education annually shall be required 144 for renewal of a license. The number of continuing education 145 hours, criteria, and course content must shall be approved by 146 the council by rule. The council may not require more than 10 147 hours of continuing education annually for renewal of a license. 148 A community association manager who provides community 149 association management services to a homeowners association 150 must biennially complete at least 5 hours of continuing 151 education that pertains specifically to homeowners 152 associations, 3 hours of which must relate to recordkeeping. 153 Section 3.Subsections (4) and (5) and paragraphs (a), (d), 154 and (f) of subsection (6) of section 720.303, Florida Statutes, 155 are amended, and subsection (13) is added to that section, to 156 read: 157 720.303Association powers and duties; meetings of board; 158 official records; budgets; financial reporting; association 159 funds; recalls. 160 (4)OFFICIAL RECORDS. 161 (a)The association shall maintain each of the following 162 items, when applicable, for at least 7 years, unless the 163 governing documents of the association require a longer period 164 of time, which constitute the official records of the 165 association: 166 1.(a)Copies of any plans, specifications, permits, and 167 warranties related to improvements constructed on the common 168 areas or other property that the association is obligated to 169 maintain, repair, or replace. 170 2.(b)A copy of the bylaws of the association and of each 171 amendment to the bylaws. 172 3.(c)A copy of the articles of incorporation of the 173 association and of each amendment thereto. 174 4.(d)A copy of the declaration of covenants and a copy of 175 each amendment thereto. 176 5.(e)A copy of the current rules of the homeowners 177 association. 178 6.(f)The minutes of all meetings of the board of directors 179 and of the members, which minutes must be retained for at least 180 7 years. 181 7.(g)A current roster of all members and their designated 182 mailing addresses and parcel identifications. A members 183 designated mailing address is the members property address, 184 unless the member has sent written notice to the association 185 requesting that a different mailing address be used for all 186 required notices. The association shall also maintain the e-mail 187 addresses and the facsimile numbers designated by members for 188 receiving notice sent by electronic transmission of those 189 members consenting to receive notice by electronic transmission. 190 A members e-mail address is the e-mail address the member 191 provided when consenting in writing to receiving notice by 192 electronic transmission, unless the member has sent written 193 notice to the association requesting that a different e-mail 194 address be used for all required notices. The e-mail addresses 195 and facsimile numbers provided by members to receive notice by 196 electronic transmission must be removed from association records 197 when the member revokes consent to receive notice by electronic 198 transmission. However, the association is not liable for an 199 erroneous disclosure of the e-mail address or the facsimile 200 number for receiving electronic transmission of notices. 201 8.(h)All of the associations insurance policies or a copy 202 thereof, which policies must be retained for at least 7 years. 203 9.(i)A current copy of all contracts to which the 204 association is a party, including, without limitation, any 205 management agreement, lease, or other contract under which the 206 association has any obligation or responsibility. Bids received 207 by the association for work to be performed are must also be 208 considered official records and must be kept for a period of 1 209 year. 210 10.(j)The financial and accounting records of the 211 association, kept according to good accounting practices. All 212 financial and accounting records must be maintained for a period 213 of at least 7 years. The financial and accounting records must 214 include: 215 a.1.Accurate, itemized, and detailed records of all 216 receipts and expenditures. 217 b.2.A current account and a periodic statement of the 218 account for each member, designating the name and current 219 address of each member who is obligated to pay assessments, the 220 due date and amount of each assessment or other charge against 221 the member, the date and amount of each payment on the account, 222 and the balance due. 223 c.3.All tax returns, financial statements, and financial 224 reports of the association. 225 d.4.Any other records that identify, measure, record, or 226 communicate financial information. 227 11.(k)A copy of the disclosure summary described in s. 228 720.401(1). 229 12.(l)Ballots, sign-in sheets, voting proxies, and all 230 other papers and electronic records relating to voting by parcel 231 owners, which must be maintained for at least 1 year after the 232 date of the election, vote, or meeting. 233 13.(m)All affirmative acknowledgments made pursuant to s. 234 720.3085(3)(c)3. 235 14.(n)All other written records of the association not 236 specifically included in this subsection which are related to 237 the operation of the association. 238 (b)1.By January 1, 2025, an association shall post a 239 current digital copy of the documents specified in paragraph (a) 240 on its website or make such documents available through an 241 application that can be downloaded on a mobile device. 242 2.The associations website or application must be 243 accessible through the Internet and must contain a subpage, web 244 portal, or other protected electronic location that is 245 inaccessible to the general public and accessible only to parcel 246 owners and employees of the association. 247 3.Upon written request by a parcel owner, the association 248 must provide the parcel owner with a username and password and 249 access to the protected sections of the associations website or 250 application which contains the official documents of the 251 association. 252 4.The association shall ensure that the information and 253 records described in paragraph (5)(d), which are not allowed to 254 be accessible to parcel owners, are not posted on the 255 associations website or application. If protected information 256 or information restricted from being accessible to parcel owners 257 is included in documents that are required to be posted on the 258 associations website or application, the association must 259 ensure the information is redacted before posting the documents. 260 Notwithstanding the foregoing, the association or its authorized 261 agent is not liable for disclosing information that is protected 262 or restricted under paragraph (5)(d) unless such disclosure was 263 made with a knowing or intentional disregard of the protected or 264 restricted nature of such information. 265 (c)The association shall adopt written rules governing the 266 method or policy by which the official records of the 267 association are to be retained and for how long such records 268 must be retained. Such information must be made available to the 269 parcel owners through the associations website or application. 270 (5)INSPECTION AND COPYING OF RECORDS. 271 (a) Unless otherwise provided by law or the governing 272 documents of the association, the official records shall be 273 maintained within the state for at least 7 years and must shall 274 be made available to a parcel owner for inspection or 275 photocopying within 45 miles of the community or within the 276 county in which the association is located within 10 business 277 days after receipt by the board or its designee of a written 278 request. This subsection may be complied with by having a copy 279 of the official records available for inspection or copying in 280 the community or, at the option of the association, by making 281 the records available to a parcel owner electronically via the 282 Internet or by allowing the records to be viewed in electronic 283 format on a computer screen and printed upon request. If the 284 association has a photocopy machine available where the records 285 are maintained, it must provide parcel owners with copies on 286 request during the inspection if the entire request is limited 287 to no more than 25 pages. An association shall allow a member or 288 his or her authorized representative to use a portable device, 289 including a smartphone, tablet, portable scanner, or any other 290 technology capable of scanning or taking photographs, to make an 291 electronic copy of the official records in lieu of the 292 associations providing the member or his or her authorized 293 representative with a copy of such records. The association may 294 not charge a fee to a member or his or her authorized 295 representative for the use of a portable device. 296 (b)(a)The failure of an association to provide access to 297 the records within 10 business days after receipt of a written 298 request submitted by certified mail, return receipt requested, 299 creates a rebuttable presumption that the association willfully 300 failed to comply with this subsection. 301 (c)(b)A member who is denied access to official records is 302 entitled to the actual damages or minimum damages for the 303 associations willful failure to comply with this subsection. 304 The minimum damages are to be $50 per calendar day up to 10 305 days, the calculation to begin on the 11th business day after 306 receipt of the written request. 307 (d) Any director or member of the board or association or a 308 community association manager who knowingly, willfully, and 309 repeatedly violates paragraph (a) commits a misdemeanor of the 310 second degree, punishable as provided in s. 775.082 or s. 311 775.083, and shall be deemed removed from office and a vacancy 312 declared. For purposes of this paragraph, the term repeatedly 313 means two or more violations within a 12-month period. 314 (e) Any person who knowingly or intentionally defaces or 315 destroys accounting records that are required by this chapter to 316 be maintained during the period for which such records are 317 required to be maintained, or who knowingly or intentionally 318 fails to create or maintain accounting records that are required 319 to be created or maintained, with the intent of causing harm to 320 the association or one or more of its members, commits a 321 misdemeanor of the first degree, punishable as provided in s. 322 775.082 or s. 775.083, and shall be deemed removed from office 323 and a vacancy declared. 324 (f)Any person who willfully and knowingly refuses to 325 release or otherwise produce association records with the intent 326 to avoid or escape detection, arrest, trial, or punishment for 327 the commission of a crime, or to assist another person with such 328 avoidance or escape, commits a felony of the third degree, 329 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 330 and shall be deemed removed from office and a vacancy declared. 331 (g)(c)The association may adopt reasonable written rules 332 governing the frequency, time, location, notice, records to be 333 inspected, and manner 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 owners right to inspect records to less than one 8-hour 337 business day per month. The association 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 associations photocopier. 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 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 paragraph, the 354 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 record 359 prepared by an association attorney or prepared at the 360 attorneys 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 company 374 employees, including, but not limited to, disciplinary, payroll, 375 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 residents. 382 6.Social security numbers, driver license numbers, credit 383 card numbers, electronic mailing addresses, telephone numbers, 384 facsimile numbers, emergency contact information, any addresses 385 for a parcel owner other than as provided for association notice 386 requirements, and other personal identifying information of any 387 person, excluding the persons name, parcel designation, mailing 388 address, and property address. Notwithstanding the restrictions 389 in this subparagraph, an association may print and distribute to 390 parcel owners a directory containing the name, parcel address, 391 and all telephone numbers of each parcel owner. However, an 392 owner may exclude his or her telephone numbers from the 393 directory by so requesting in writing to the association. An 394 owner may consent in writing to the disclosure of other contact 395 information described in this subparagraph. The association is 396 not liable for the disclosure of information that is protected 397 under this subparagraph if the information is included in an 398 official record of the association and is voluntarily provided 399 by an owner and not requested by the association. 400 7.Any electronic security measure that is used by the 401 association to safeguard data, including passwords. 402 8.The software and operating system used by the 403 association which allows the manipulation of data, even if the 404 owner owns a copy of the same software used by the association. 405 The data is part of the official records of the association. 406 9.All affirmative acknowledgments made pursuant to s. 407 720.3085(3)(c)3. 408 (h)(d)The association or its authorized agent is not 409 required to provide a prospective purchaser or lienholder with 410 information about the residential subdivision or the association 411 other than information or documents required by this chapter to 412 be made available or disclosed. The association or its 413 authorized agent may charge a reasonable fee to the prospective 414 purchaser or lienholder or the current parcel owner or member 415 for providing good faith responses to requests for information 416 by or on behalf of a prospective purchaser or lienholder, other 417 than that required by law, if the fee does not exceed $150 plus 418 the reasonable cost of photocopying and any attorney fees 419 incurred by the association in connection with the response. 420 (i)If an association receives a subpoena for records from 421 a law enforcement agency, the association must provide a copy of 422 such records or otherwise make the records available for 423 inspection and copying to a law enforcement agency within 5 424 business days after receipt of the subpoena, unless otherwise 425 specified by the law enforcement agency or subpoena. An 426 association must assist a law enforcement agency in its 427 investigation to the extent permissible by law. 428 (6)BUDGETS. 429 (a)1.The association shall prepare an annual budget that 430 sets out the annual operating expenses. The budget must reflect 431 the estimated revenues and expenses for that year and the 432 estimated surplus or deficit as of the end of the current year. 433 The budget must set out separately all fees or charges paid for 434 by the association for recreational amenities, whether owned by 435 the association, the developer, or another person. The 436 association shall provide each member with a copy of the annual 437 budget or a written notice that a copy of the budget is 438 available upon request at no charge to the member. The copy must 439 be provided to the member within the time limits set forth in 440 subsection (5). 441 2.An association that has 2,500 members or more must use 442 an independent certified public accountant to prepare the 443 associations annual budget. Such association must also retain 444 an attorney to advise the association and its members on 445 procedural matters relating to the annual budget and to foster 446 communications between the board and the members of the 447 association. The independent certified public accountant or 448 attorney required under this subparagraph may not be: 449 a.The community association manager or an employee of the 450 community association management firm providing community 451 association management services to the association; or 452 b.An officer or a director of the association or an 453 immediate family member of an officer or a director. 454 (d)An association is deemed to have provided for reserve 455 accounts upon the affirmative approval of a majority of the 456 total voting interests of the association. Such approval may be 457 obtained by vote of the members at a duly called meeting of the 458 membership or by the written consent of a majority of the total 459 voting interests of the association. The approval action of the 460 membership must state that reserve accounts shall be provided 461 for in the budget and must designate the components for which 462 the reserve accounts are to be established. Upon approval by the 463 membership, the board of directors or the independent certified 464 public accountant, if required under paragraph (a), shall 465 include the required reserve accounts in the budget in the next 466 fiscal year following the approval and each year thereafter. 467 Once established as provided in this subsection, the reserve 468 accounts must be funded or maintained or have their funding 469 waived in the manner provided in paragraph (f). 470 (f)After one or more reserve accounts are established, the 471 membership of the association, upon a majority vote at a meeting 472 at which a quorum is present, may provide for no reserves or 473 less reserves than required by this section. If a meeting of the 474 parcel unit owners has been called to determine whether to waive 475 or reduce the funding of reserves and such result is not 476 achieved or a quorum is not present, the reserves as included in 477 the budget go into effect. After the turnover, the developer may 478 vote its voting interest to waive or reduce the funding of 479 reserves. Any vote taken pursuant to this subsection to waive or 480 reduce reserves is applicable only to one budget year. 481 (13) DEBIT CARDS. 482 (a)An association and its officers, directors, employees, 483 and agents may not use a debit card issued in the name of the 484 association, or billed directly to the association, for the 485 payment of any association expense. 486 (b)A person who uses a debit card issued in the name of 487 the association, or billed directly to the association, for any 488 expense that is not a lawful obligation of the association 489 commits theft under s. 812.014, and shall be deemed removed from 490 office and a vacancy declared. 491 492 For the purposes of this subsection, the term lawful obligation 493 of the association means an obligation that has been properly 494 preapproved by the board and is reflected in the meeting minutes 495 or the written budget. 496 Section 4.Subsections (1), (3), and (4) of section 497 720.3033, Florida Statutes, are amended to read: 498 720.3033Officers and directors. 499 (1)(a)Within 90 days after being elected or appointed to 500 the board, each director shall certify in writing to the 501 secretary of the association that he or she has read the 502 associations declaration of covenants, articles of 503 incorporation, bylaws, and current written rules and policies; 504 that he or she will work to uphold such documents and policies 505 to the best of his or her ability; and that he or she will 506 faithfully discharge his or her fiduciary responsibility to the 507 associations members. Within 90 days after being elected or 508 appointed to the board, in lieu of such written certification, 509 the newly elected or appointed director must may submit a 510 certificate of having satisfactorily completed the educational 511 curriculum administered by a department-approved, division 512 approved education provider. 513 1.The newly elected or appointed director must complete 514 the department-approved education for newly elected or appointed 515 directors within 90 days after being elected or appointed. 516 2.The certificate of completion is valid for a maximum of 517 4 years. 518 3.At least every 4 years, a director must complete the 519 education specific to newly elected or appointed directors. 520 4.The department-approved educational curriculum specific 521 to newly elected or appointed directors must include training 522 relating to financial literacy and transparency, recordkeeping, 523 levying of fines, and notice and meeting requirements. 524 5.In addition to the educational curriculum specific to 525 newly elected or appointed directors: 526 a.A director of an association that has fewer than 2,500 527 members must complete at least 4 hours of continuing education 528 annually. 529 b.A director of an association that has 2,500 members or 530 more must complete at least 8 hours of continuing education 531 annually within 1 year before or 90 days after the date of 532 election or appointment. 533 (b)The written certification or educational certificate is 534 valid for the uninterrupted tenure of the director on the board. 535 A director who does not timely file the written certification or 536 educational certificate is shall be suspended from the board 537 until he or she complies with the requirement. The board may 538 temporarily fill the vacancy during the period of suspension. 539 (c)The association shall retain each directors written 540 certification or educational certificate for inspection by the 541 members for 5 years after the directors election. However, the 542 failure to have the written certification or educational 543 certificate on file does not affect the validity of any board 544 action. 545 (d)The department shall adopt rules to implement and 546 administer the educational curriculum and continuing education 547 requirements under this subsection. 548 (3)An officer, a director, or a manager may not solicit, 549 offer to accept, or accept any thing or service of value for 550 which consideration has not been provided for his or her benefit 551 or for the benefit of a member of his or her immediate family 552 from any person providing or proposing to provide goods or 553 services to the association. An officer, a director, or a 554 manager who knowingly solicits, offers to accept, or accepts any 555 thing or service of value or kickback for which consideration 556 has not been provided for his or her own benefit or that of his 557 or her immediate family from any person providing or proposing 558 to provide goods or services to the association commits a felony 559 of the third degree, punishable as provided in s. 775.082, s. 560 775.083, or s. 775.084, and is subject to monetary damages under 561 s. 617.0834. If the board finds that an officer or a director 562 has violated this subsection, the officer or director is deemed 563 removed from office and a vacancy declared board shall 564 immediately remove the officer or director from office. The 565 vacancy shall be filled according to law until the end of the 566 officers or directors term of office. However, an officer, a 567 director, or a manager may accept food to be consumed at a 568 business meeting with a value of less than $25 per individual or 569 a service or good received in connection with trade fairs or 570 education programs. 571 (4)(a)A director or an officer charged by information or 572 indictment with any of the following crimes is deemed must be 573 removed from office and a vacancy declared: 574 1.Forgery of a ballot envelope or voting certificate used 575 in a homeowners association election as provided in s. 831.01. 576 2.Theft or embezzlement involving the associations funds 577 or property as provided in s. 812.014. 578 3.Destruction of or the refusal to allow inspection or 579 copying of an official record of a homeowners association which 580 is accessible to parcel owners within the time periods required 581 by general law, in furtherance of any crime. Such act 582 constitutes tampering with physical evidence as provided in s. 583 918.13. 584 4.Obstruction of justice as provided in chapter 843. 585 5. Any criminal violation under this chapter. 586 Section 5.Subsections (1) and (4) of section 720.3035, 587 Florida Statutes, are amended to read: 588 720.3035Architectural control covenants; parcel owner 589 improvements; rights and privileges. 590 (1)The authority of an association or any architectural, 591 construction improvement, or other such similar committee of an 592 association to review and approve plans and specifications for 593 the location, size, type, or appearance of any structure or 594 other improvement on a parcel, or to enforce standards for the 595 external appearance of any structure or improvement located on a 596 parcel, is shall be permitted only to the extent that the 597 authority is specifically stated or reasonably inferred as to 598 such location, size, type, or appearance in the declaration of 599 covenants or other published guidelines and standards authorized 600 by the declaration of covenants. An association or any 601 architectural, construction improvement, or similar committee of 602 an association must reasonably and equitably apply and enforce 603 on all parcel owners the architectural and construction 604 improvement standards authorized by the declaration of covenants 605 or other published guidelines and standards authorized by the 606 declaration of covenants. 607 (4)Each parcel owner is shall be entitled to the rights 608 and privileges set forth in the declaration of covenants or 609 other published guidelines and standards authorized by the 610 declaration of covenants concerning the architectural use of the 611 parcel, and the construction of permitted structures and 612 improvements on the parcel and such rights and privileges may 613 shall not be unreasonably infringed upon or impaired by the 614 association or any architectural, construction improvement, or 615 other such similar committee of the association. If the 616 association or any architectural, construction improvement, or 617 other such similar committee of the association denies a parcel 618 owners request or application for the construction of a 619 structure or other improvement on a parcel, the association or 620 committee must provide written notice to the parcel owner 621 stating with specificity the rule or covenant on which the 622 association or committee relied when denying the request or 623 application and the specific aspect or part of the proposed 624 improvement that does not conform to such rule or covenant. If 625 the association or any architectural, construction improvement, 626 or other such similar committee of the association should 627 unreasonably, knowingly, and willfully infringe upon or impair 628 the rights and privileges set forth in the declaration of 629 covenants or other published guidelines and standards authorized 630 by the declaration of covenants, the adversely affected parcel 631 owner is shall be entitled to recover damages caused by such 632 infringement or impairment, including any costs and reasonable 633 attorney attorneys fees incurred in preserving or restoring the 634 rights and privileges of the parcel owner set forth in the 635 declaration of covenants or other published guidelines and 636 standards authorized by the declaration of covenants. 637 Section 6.Section 720.3065, Florida Statutes, is amended 638 to read: 639 720.3065Fraudulent voting activities relating to 640 association elections; penalties. 641 (1) A person who engages in any Each of the following acts 642 of is a fraudulent voting activity relating to association 643 elections commits and constitutes a misdemeanor of the first 644 degree, punishable as provided in s. 775.082 or s. 775.083: 645 (a)(1)Willfully and falsely swearing to or affirming an 646 oath or affirmation, or willfully procuring another person to 647 falsely swear to or affirm an oath or affirmation, in connection 648 with or arising out of voting activities. 649 (b)(2)Perpetrating or attempting to perpetrate, or aiding 650 in the perpetration of, fraud in connection with a vote cast, to 651 be cast, or attempted to be cast. 652 (c)(3)Preventing a member from voting or preventing a 653 member from voting as he or she intended by fraudulently 654 changing or attempting to change a ballot, ballot envelope, 655 vote, or voting certificate of the member. 656 (d)(4)Menacing, threatening, or using bribery or any other 657 corruption to attempt, directly or indirectly, to influence, 658 deceive, or deter a member when the member is voting. 659 (e)(5)Giving or promising, directly or indirectly, 660 anything of value to another member with the intent to buy the 661 vote of that member or another member or to corruptly influence 662 that member or another member in casting his or her vote. This 663 subsection does not apply to any food served which is to be 664 consumed at an election rally or a meeting or to any item of 665 nominal value which is used as an election advertisement, 666 including a campaign message designed to be worn by a member. 667 (f)(6)Using or threatening to use, directly or indirectly, 668 force, violence, or intimidation or any tactic of coercion or 669 intimidation to induce or compel a member to vote or refrain 670 from voting in an election or on a particular ballot measure. 671 (2)A person who engages in any of the following acts 672 commits a misdemeanor of the first degree, punishable as 673 provided in s. 775.082 or s. 775.083: 674 (a)Knowingly aiding, abetting, or advising a person in the 675 commission of a fraudulent voting activity related to 676 association elections. 677 (b)Agreeing, conspiring, combining, or confederating with 678 at least one other person to commit a fraudulent voting activity 679 related to association elections. 680 (c)Having knowledge of a fraudulent voting activity 681 related to association elections and giving any aid to the 682 offender with intent that the offender avoid or escape 683 detection, arrest, trial, or punishment. 684 685 This subsection does not apply to a licensed attorney giving 686 legal advice to a client. 687 Section 7.Paragraph (c) of subsection (3) of section 688 720.3085, Florida Statutes, is amended to read: 689 720.3085Payment for assessments; lien claims. 690 (3)Assessments and installments on assessments that are 691 not paid when due bear interest from the due date until paid at 692 the rate provided in the declaration of covenants or the bylaws 693 of the association, which rate may not exceed the rate allowed 694 by law. If no rate is provided in the declaration or bylaws, 695 interest accrues at the rate of 18 percent per year. 696 (c)1.If an association sends out an invoice for 697 assessments or a parcels statement of the account described in 698 s. 720.303(4)(a)10.b. s. 720.303(4)(j)2., the invoice for 699 assessments or the parcels statement of account must be 700 delivered to the parcel owner by first-class United States mail 701 or by electronic transmission to the parcel owners e-mail 702 address maintained in the associations official records. 703 2.Before changing the method of delivery for an invoice 704 for assessments or the statement of the account, the association 705 must deliver a written notice of such change to each parcel 706 owner. The written notice must be delivered to the parcel owner 707 at least 30 days before the association sends the invoice for 708 assessments or the statement of the account by the new delivery 709 method. The notice must be sent by first-class United States 710 mail to the owner at his or her last address as reflected in the 711 associations records and, if such address is not the parcel 712 address, must be sent by first-class United States mail to the 713 parcel address. Notice is deemed to have been delivered upon 714 mailing as required by this subparagraph. 715 3.A parcel owner must affirmatively acknowledge his or her 716 understanding that the association will change its method of 717 delivery of the invoice for assessments or the statement of the 718 account before the association may change the method of 719 delivering an invoice for assessments or the statement of 720 account. The parcel owner may make the affirmative 721 acknowledgment electronically or in writing. 722 Section 8.This act shall take effect July 1, 2024.