Florida Senate - 2024 CS for SB 7044 By the Committees on Rules; and Regulated Industries; and Senator Bradley 595-03349-24 20247044c1 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 maintain certain documents for a 15 specified timeframe; requiring certain associations to 16 post certain documents on their website or make them 17 available through an application on a mobile device; 18 providing construction; requiring an association to 19 provide certain information to parcel owners upon 20 written request; requiring an association to ensure 21 certain information and records are not accessible on 22 the website or application; providing that an 23 association or its agent is not liable for the 24 disclosure of certain information; requiring an 25 association to adopt certain rules; providing criminal 26 penalties for directors or members of the board or 27 association and community association managers who 28 knowingly, willfully, and repeatedly fail to maintain 29 and make available specific records; defining the term 30 repeatedly; providing criminal penalties for persons 31 who knowingly and intentionally deface or destroy, or 32 intentionally fail to maintain, specified accounting 33 records; providing criminal penalties for persons who 34 willfully and knowingly refuse to release certain 35 records for specific purposes; requiring an 36 association to provide or make available subpoenaed 37 records within a certain timeframe; requiring an 38 association to assist in a law enforcement 39 investigation as allowed by law; requiring certain 40 associations to prepare audited financial statements; 41 prohibiting an association from preparing financial 42 statements for consecutive fiscal years; prohibiting 43 an association and its officers, directors, employees, 44 and agents from using a debit card issued in the name 45 of the association; providing that persons who violate 46 such prohibition commit theft under s. 812.014, F.S., 47 punishable as provided in that section; defining the 48 term lawful obligation of the association; making 49 technical changes; amending s. 720.3033, F.S.; 50 deleting a requirement that a director certify in 51 writing to the secretary of the association that he or 52 she has read certain documents; requiring newly 53 elected or appointed directors to complete certain 54 educational curriculum approved by the department 55 within a certain time period; requiring a director to 56 retake the educational curriculum after a certain time 57 period; providing subject matter for the educational 58 curriculum; requiring certain directors of an 59 association to annually complete a minimum amount of 60 continuing education; requiring the department to 61 adopt rules; prohibiting officers, directors, or 62 managers of an association from soliciting, offering 63 to accept, or accepting a kickback; defining the term 64 kickback; providing criminal penalties for officers, 65 directors, and managers of an association who accept 66 bribes or kickbacks; making technical changes; 67 amending s. 720.3035, F.S.; requiring an association 68 or any architectural, construction improvement, or 69 other such committee of an association to apply and 70 enforce certain standards in a specified manner with 71 regard to all parcel owners; requiring such committees 72 to provide certain written notice to a parcel owner if 73 a certain request or application is denied; making 74 technical changes; amending s. 720.3065, F.S.; 75 providing criminal penalties for certain violations 76 related to fraudulent voting activity related to 77 association elections; making technical changes; 78 amending s. 720.3085, F.S.; conforming a cross 79 reference; amending s. 720.317, F.S.; providing that a 80 homeowner may consent to online voting electronically, 81 as well as in writing, and that association boards 82 must establish reasonable procedures for giving such 83 consent; providing an effective date. 84 85 Be It Enacted by the Legislature of the State of Florida: 86 87 Section 1.Section 468.4334, Florida Statutes, is amended 88 to read: 89 468.4334Professional practice standards; liability; 90 requirements for community association managers, management 91 firms. 92 (1)(a)A community association manager or a community 93 association management firm is deemed to act as agent on behalf 94 of a community association as principal within the scope of 95 authority authorized by a written contract or under this 96 chapter. A community association manager and a community 97 association management firm shall discharge duties performed on 98 behalf of the association as authorized by this chapter loyally, 99 skillfully, and diligently; dealing honestly and fairly; in good 100 faith; with care and full disclosure to the community 101 association; accounting for all funds; and not charging 102 unreasonable or excessive fees. 103 (b)If a community association manager or a community 104 association management firm has a contract with a community 105 association that is subject to s. 553.899, the community 106 association manager or the community association management firm 107 must comply with that section as directed by the board. 108 (2)(a)A contract between a community association and a 109 community association manager or a contract between a community 110 association and a community association management firm may 111 provide that the community association indemnifies and holds 112 harmless the community association manager and the community 113 association management firm for ordinary negligence resulting 114 from the manager or management firms act or omission that is 115 the result of an instruction or direction of the community 116 association. This paragraph does not preclude any other 117 negotiated indemnity or hold harmless provision. 118 (b)Indemnification under paragraph (a) may not cover any 119 act or omission that violates a criminal law; derives an 120 improper personal benefit, either directly or indirectly; is 121 grossly negligent; or is reckless, is in bad faith, is with 122 malicious purpose, or is in a manner exhibiting wanton and 123 willful disregard of human rights, safety, or property. 124 (3)A community association manager or a community 125 association management firm that is authorized by contract to 126 provide community association management services to a 127 homeowners association shall do all of the following: 128 (a)Attend, in person, at least one member meeting or board 129 meeting of the homeowners association annually. 130 (b)Provide to the members of the homeowners association 131 the name of and contact information for each community 132 association manager or representative of the community 133 association management firm assigned to the homeowners 134 association, the managers or representatives hours of 135 availability, and a summary of the duties for which the manager 136 or representative is responsible. The homeowners association 137 shall also post this information on the associations website or 138 the application required under s. 720.303(4)(b). The community 139 association manager or community association management firm 140 shall notify the homeowners association and its members within 141 14 business days after any change to such information. 142 (c)Upon request, provide to any member a copy of the 143 contract between the community association manager or community 144 association management firm and the homeowners association and 145 keep such contract as an official record of the association. 146 Section 2.Section 468.4337, Florida Statutes, is amended 147 to read: 148 468.4337Continuing education.The department may not renew 149 a license until the licensee submits proof that the licensee has 150 completed the requisite hours of continuing education. No more 151 than 10 hours of continuing education annually shall be required 152 for renewal of a license. The number of continuing education 153 hours, criteria, and course content must shall be approved by 154 the council by rule. The council may not require more than 10 155 hours of continuing education annually for renewal of a license. 156 A community association manager who provides community 157 association management services to a homeowners association 158 must biennially complete at least 5 hours of continuing 159 education that pertains specifically to homeowners 160 associations, 3 hours of which must relate to recordkeeping. 161 Section 3.Subsections (4) and (5), paragraph (f) of 162 subsection (6), and paragraph (a) of subsection (7) of section 163 720.303, Florida Statutes, are amended, and subsection (13) is 164 added to that section, to read: 165 720.303Association powers and duties; meetings of board; 166 official records; budgets; financial reporting; association 167 funds; recalls. 168 (4)OFFICIAL RECORDS. 169 (a)The association shall maintain each of the following 170 items, when applicable, for at least 7 years, unless the 171 governing documents of the association require a longer period 172 of time, which constitute the official records of the 173 association: 174 1.(a)Copies of any plans, specifications, permits, and 175 warranties related to improvements constructed on the common 176 areas or other property that the association is obligated to 177 maintain, repair, or replace. 178 2.(b)A copy of the bylaws of the association and of each 179 amendment to the bylaws. 180 3.(c)A copy of the articles of incorporation of the 181 association and of each amendment thereto. 182 4.(d)A copy of the declaration of covenants and a copy of 183 each amendment thereto. 184 5.(e)A copy of the current rules of the homeowners 185 association. 186 6.(f)The minutes of all meetings of the board of directors 187 and of the members, which minutes must be retained for at least 188 7 years. 189 7.(g)A current roster of all members and their designated 190 mailing addresses and parcel identifications. A members 191 designated mailing address is the members property address, 192 unless the member has sent written notice to the association 193 requesting that a different mailing address be used for all 194 required notices. The association shall also maintain the e-mail 195 addresses and the facsimile numbers designated by members for 196 receiving notice sent by electronic transmission of those 197 members consenting to receive notice by electronic transmission. 198 A members e-mail address is the e-mail address the member 199 provided when consenting in writing to receiving notice by 200 electronic transmission, unless the member has sent written 201 notice to the association requesting that a different e-mail 202 address be used for all required notices. The e-mail addresses 203 and facsimile numbers provided by members to receive notice by 204 electronic transmission must be removed from association records 205 when the member revokes consent to receive notice by electronic 206 transmission. However, the association is not liable for an 207 erroneous disclosure of the e-mail address or the facsimile 208 number for receiving electronic transmission of notices. 209 8.(h)All of the associations insurance policies or a copy 210 thereof, which policies must be retained for at least 7 years. 211 9.(i)A current copy of all contracts to which the 212 association is a party, including, without limitation, any 213 management agreement, lease, or other contract under which the 214 association has any obligation or responsibility. Bids received 215 by the association for work to be performed are must also be 216 considered official records and must be kept for a period of 1 217 year. 218 10.(j)The financial and accounting records of the 219 association, kept according to good accounting practices. All 220 financial and accounting records must be maintained for a period 221 of at least 7 years. The financial and accounting records must 222 include: 223 a.1.Accurate, itemized, and detailed records of all 224 receipts and expenditures. 225 b.2.A current account and a periodic statement of the 226 account for each member, designating the name and current 227 address of each member who is obligated to pay assessments, the 228 due date and amount of each assessment or other charge against 229 the member, the date and amount of each payment on the account, 230 and the balance due. 231 c.3.All tax returns, financial statements, and financial 232 reports of the association. 233 d.4.Any other records that identify, measure, record, or 234 communicate financial information. 235 11.(k)A copy of the disclosure summary described in s. 236 720.401(1). 237 12.(l)Ballots, sign-in sheets, voting proxies, and all 238 other papers and electronic records relating to voting by parcel 239 owners, which must be maintained for at least 1 year after the 240 date of the election, vote, or meeting. 241 13.(m)All affirmative acknowledgments made pursuant to s. 242 720.3085(3)(c)3. 243 14.(n)All other written records of the association not 244 specifically included in this subsection which are related to 245 the operation of the association. 246 (b)1.By January 1, 2025, an association with 100 or more 247 parcels shall post a current digital copy of the documents 248 specified in subparagraph 3. on its website or make such 249 documents available through an application that can be 250 downloaded on a mobile device. 251 2.The associations website or application must be 252 accessible through the Internet and must contain a subpage, web 253 portal, or other protected electronic location that is 254 inaccessible to the general public and accessible only to parcel 255 owners and employees of the association. 256 3. A current copy of the following documents must be posted 257 in digital format on the associations website or application: 258 a.The articles of incorporation of the association and 259 each amendment thereto. 260 b.The recorded bylaws of the association and each 261 amendment thereto. 262 c.The declaration of covenants and a copy of each 263 amendment thereto. 264 d.The current rules of the association. 265 e.A list of all current executory contracts or documents 266 to which the association is a party or under which the 267 association or the unit owners have an obligation or 268 responsibility and, after bidding for the related materials, 269 equipment, or services has closed, a list of bids received by 270 the association within the past year. 271 f.The annual budget required by subsection (6) and any 272 proposed budget to be considered at the annual meeting. 273 g.The financial report required by subsection (7) and any 274 monthly income or expense statement to be considered at a 275 meeting. 276 h. The associations current insurance policies. 277 i.The certification of each director required by s. 278 720.3033(1)(a). 279 j.All contracts or transactions between the association 280 and any director, officer, corporation, firm, or association 281 that is not an affiliated homeowners association or any other 282 entity in which an association director is also a director or 283 officer and financially interested. 284 k.Any contract or document regarding a conflict of 285 interest or possible conflict of interest as provided in ss. 286 468.436(2)(b)6. and 720.3033(2). 287 l.Notice of any meeting of members and the agenda for the 288 meeting, as required by s. 720.306, no later than 14 days before 289 the meeting. The notice must be posted in plain view on the 290 homepage of the website or application, or on a separate subpage 291 of the website or application labeled Notices which is 292 conspicuously visible and linked from the homepage. The 293 association must also post on its website or application any 294 document to be considered and voted on by the owners during the 295 meeting or any document listed on the agenda at least 7 days 296 before the meeting at which the document or the information 297 within the document will be considered. 298 m.Notice of any board meeting, the agenda, and any other 299 document required for the meeting as required by subsection (3), 300 which must be posted no later than the date required for notice 301 under subsection (3). 302 4.Upon written request by a parcel owner, the association 303 must provide the parcel owner with a username and password and 304 access to the protected sections of the associations website or 305 application which contains the official documents of the 306 association. 307 5.The association shall ensure that the information and 308 records described in paragraph (5)(d) which are not allowed to 309 be accessible to parcel owners are not posted on the 310 associations website or application. If protected information 311 or information restricted from being accessible to parcel owners 312 is included in documents that are required to be posted on the 313 associations website or application, the association must 314 ensure the information is redacted before posting the documents. 315 Notwithstanding the foregoing, the association or its authorized 316 agent is not liable for disclosing information that is protected 317 or restricted under paragraph (5)(d) unless such disclosure was 318 made with a knowing or intentional disregard of the protected or 319 restricted nature of such information. 320 (c)The association shall adopt written rules governing the 321 method or policy by which the official records of the 322 association are to be retained and for how long such records 323 must be retained pursuant to paragraph (a). Such information 324 must be made available to the parcel owners through the 325 associations website or application. 326 (5)INSPECTION AND COPYING OF RECORDS. 327 (a) Unless otherwise provided by law or the governing 328 documents of the association, the official records shall be 329 maintained within the state for at least 7 years and must shall 330 be made available to a parcel owner for inspection or 331 photocopying within 45 miles of the community or within the 332 county in which the association is located within 10 business 333 days after receipt by the board or its designee of a written 334 request. This subsection may be complied with by having a copy 335 of the official records available for inspection or copying in 336 the community or, at the option of the association, by making 337 the records available to a parcel owner electronically via the 338 Internet or by allowing the records to be viewed in electronic 339 format on a computer screen and printed upon request. If the 340 association has a photocopy machine available where the records 341 are maintained, it must provide parcel owners with copies on 342 request during the inspection if the entire request is limited 343 to no more than 25 pages. An association shall allow a member or 344 his or her authorized representative to use a portable device, 345 including a smartphone, tablet, portable scanner, or any other 346 technology capable of scanning or taking photographs, to make an 347 electronic copy of the official records in lieu of the 348 associations providing the member or his or her authorized 349 representative with a copy of such records. The association may 350 not charge a fee to a member or his or her authorized 351 representative for the use of a portable device. 352 (b)(a)The failure of an association to provide access to 353 the records within 10 business days after receipt of a written 354 request submitted by certified mail, return receipt requested, 355 creates a rebuttable presumption that the association willfully 356 failed to comply with this subsection. 357 (c)(b)A member who is denied access to official records is 358 entitled to the actual damages or minimum damages for the 359 associations willful failure to comply with this subsection. 360 The minimum damages are to be $50 per calendar day up to 10 361 days, the calculation to begin on the 11th business day after 362 receipt of the written request. 363 (d) Any director or member of the board or association or a 364 community association manager who knowingly, willfully, and 365 repeatedly violates paragraph (a), with the intent of causing 366 harm to the association or one or more of its members, commits a 367 misdemeanor of the second degree, punishable as provided in s. 368 775.082 or s. 775.083. For purposes of this paragraph, the term 369 repeatedly means two or more violations within a 12-month 370 period. 371 (e) Any person who knowingly and intentionally defaces or 372 destroys accounting records during the period in which such 373 records are required to be maintained, or who knowingly or 374 intentionally fails to create or maintain accounting records 375 that are required to be created or maintained, with the intent 376 of causing harm to the association or one or more of its 377 members, commits a misdemeanor of the first degree, punishable 378 as provided in s. 775.082 or s. 775.083. 379 (f)Any person who willfully and knowingly refuses to 380 release or otherwise produce association records with the intent 381 to avoid or escape detection, arrest, trial, or punishment for 382 the commission of a crime, or to assist another person with such 383 avoidance or escape, commits a felony of the third degree, 384 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 385 (g)(c)The association may adopt reasonable written rules 386 governing the frequency, time, location, notice, records to be 387 inspected, and manner of inspections, but may not require a 388 parcel owner to demonstrate any proper purpose for the 389 inspection, state any reason for the inspection, or limit a 390 parcel owners right to inspect records to less than one 8-hour 391 business day per month. The association may impose fees to cover 392 the costs of providing copies of the official records, including 393 the costs of copying and the costs required for personnel to 394 retrieve and copy the records if the time spent retrieving and 395 copying the records exceeds one-half hour and if the personnel 396 costs do not exceed $20 per hour. Personnel costs may not be 397 charged for records requests that result in the copying of 25 or 398 fewer pages. The association may charge up to 25 cents per page 399 for copies made on the associations photocopier. If the 400 association does not have a photocopy machine available where 401 the records are kept, or if the records requested to be copied 402 exceed 25 pages in length, the association may have copies made 403 by an outside duplicating service and may charge the actual cost 404 of copying, as supported by the vendor invoice. The association 405 shall maintain an adequate number of copies of the recorded 406 governing documents, to ensure their availability to members and 407 prospective members. Notwithstanding this paragraph, the 408 following records are not accessible to members or parcel 409 owners: 410 1.Any record protected by the lawyer-client privilege as 411 described in s. 90.502 and any record protected by the work 412 product privilege, including, but not limited to, a record 413 prepared by an association attorney or prepared at the 414 attorneys express direction which reflects a mental impression, 415 conclusion, litigation strategy, or legal theory of the attorney 416 or the association and which was prepared exclusively for civil 417 or criminal litigation or for adversarial administrative 418 proceedings or which was prepared in anticipation of such 419 litigation or proceedings until the conclusion of the litigation 420 or proceedings. 421 2.Information obtained by an association in connection 422 with the approval of the lease, sale, or other transfer of a 423 parcel. 424 3.Information an association obtains in a gated community 425 in connection with guests visits to parcel owners or community 426 residents. 427 4.Personnel records of association or management company 428 employees, including, but not limited to, disciplinary, payroll, 429 health, and insurance records. For purposes of this 430 subparagraph, the term personnel records does not include 431 written employment agreements with an association or management 432 company employee or budgetary or financial records that indicate 433 the compensation paid to an association or management company 434 employee. 435 5.Medical records of parcel owners or community residents. 436 6.Social security numbers, driver license numbers, credit 437 card numbers, electronic mailing addresses, telephone numbers, 438 facsimile numbers, emergency contact information, any addresses 439 for a parcel owner other than as provided for association notice 440 requirements, and other personal identifying information of any 441 person, excluding the persons name, parcel designation, mailing 442 address, and property address. Notwithstanding the restrictions 443 in this subparagraph, an association may print and distribute to 444 parcel owners a directory containing the name, parcel address, 445 and all telephone numbers of each parcel owner. However, an 446 owner may exclude his or her telephone numbers from the 447 directory by so requesting in writing to the association. An 448 owner may consent in writing to the disclosure of other contact 449 information described in this subparagraph. The association is 450 not liable for the disclosure of information that is protected 451 under this subparagraph if the information is included in an 452 official record of the association and is voluntarily provided 453 by an owner and not requested by the association. 454 7.Any electronic security measure that is used by the 455 association to safeguard data, including passwords. 456 8.The software and operating system used by the 457 association which allows the manipulation of data, even if the 458 owner owns a copy of the same software used by the association. 459 The data is part of the official records of the association. 460 9.All affirmative acknowledgments made pursuant to s. 461 720.3085(3)(c)3. 462 (h)(d)The association or its authorized agent is not 463 required to provide a prospective purchaser or lienholder with 464 information about the residential subdivision or the association 465 other than information or documents required by this chapter to 466 be made available or disclosed. The association or its 467 authorized agent may charge a reasonable fee to the prospective 468 purchaser or lienholder or the current parcel owner or member 469 for providing good faith responses to requests for information 470 by or on behalf of a prospective purchaser or lienholder, other 471 than that required by law, if the fee does not exceed $150 plus 472 the reasonable cost of photocopying and any attorney fees 473 incurred by the association in connection with the response. 474 (i)If an association receives a subpoena for records from 475 a law enforcement agency, the association must provide a copy of 476 such records or otherwise make the records available for 477 inspection and copying to a law enforcement agency within 5 478 business days after receipt of the subpoena, unless otherwise 479 specified by the law enforcement agency or subpoena. An 480 association must assist a law enforcement agency in its 481 investigation to the extent permissible by law. 482 (6)BUDGETS. 483 (f)After one or more reserve accounts are established, the 484 membership of the association, upon a majority vote at a meeting 485 at which a quorum is present, may provide for no reserves or 486 less reserves than required by this section. If a meeting of the 487 parcel unit owners has been called to determine whether to waive 488 or reduce the funding of reserves and such result is not 489 achieved or a quorum is not present, the reserves as included in 490 the budget go into effect. After the turnover, the developer may 491 vote its voting interest to waive or reduce the funding of 492 reserves. Any vote taken pursuant to this subsection to waive or 493 reduce reserves is applicable only to one budget year. 494 (7)FINANCIAL REPORTING.Within 90 days after the end of 495 the fiscal year, or annually on the date provided in the bylaws, 496 the association shall prepare and complete, or contract with a 497 third party for the preparation and completion of, a financial 498 report for the preceding fiscal year. Within 21 days after the 499 final financial report is completed by the association or 500 received from the third party, but not later than 120 days after 501 the end of the fiscal year or other date as provided in the 502 bylaws, the association shall, within the time limits set forth 503 in subsection (5), provide each member with a copy of the annual 504 financial report or a written notice that a copy of the 505 financial report is available upon request at no charge to the 506 member. Financial reports shall be prepared as follows: 507 (a)An association that meets the criteria of this 508 paragraph shall prepare or cause to be prepared a complete set 509 of financial statements in accordance with generally accepted 510 accounting principles as adopted by the Board of Accountancy. 511 The financial statements shall be based upon the associations 512 total annual revenues, as follows: 513 1.An association with total annual revenues of $150,000 or 514 more, but less than $300,000, shall prepare compiled financial 515 statements. 516 2.An association with total annual revenues of at least 517 $300,000, but less than $500,000, shall prepare reviewed 518 financial statements. 519 3.An association with total annual revenues of $500,000 or 520 more shall prepare audited financial statements. 521 4. An association with 1,000 or more parcels shall prepare 522 audited financial statements, notwithstanding the associations 523 total annual revenues. 524 (d)If approved by a majority of the voting interests 525 present at a properly called meeting of the association, an 526 association may prepare or cause to be prepared: 527 1.A report of cash receipts and expenditures in lieu of a 528 compiled, reviewed, or audited financial statement; 529 2.A report of cash receipts and expenditures or a compiled 530 financial statement in lieu of a reviewed or audited financial 531 statement; or 532 3.A report of cash receipts and expenditures, a compiled 533 financial statement, or a reviewed financial statement in lieu 534 of an audited financial statement. 535 536 An association may not prepare a financial statement pursuant to 537 this paragraph for consecutive fiscal years. 538 (13) DEBIT CARDS. 539 (a)An association and its officers, directors, employees, 540 and agents may not use a debit card issued in the name of the 541 association, or billed directly to the association, for the 542 payment of any association expense. 543 (b)A person who uses a debit card issued in the name of 544 the association, or billed directly to the association, for any 545 expense that is not a lawful obligation of the association 546 commits theft under s. 812.014. 547 548 For the purposes of this subsection, the term lawful obligation 549 of the association means an obligation that has been properly 550 preapproved by the board and is reflected in the meeting minutes 551 or the written budget. 552 Section 4.Subsections (1), (3), and (4) of section 553 720.3033, Florida Statutes, are amended to read: 554 720.3033Officers and directors. 555 (1)(a)Within 90 days after being elected or appointed to 556 the board, each director shall certify in writing to the 557 secretary of the association that he or she has read the 558 associations declaration of covenants, articles of 559 incorporation, bylaws, and current written rules and policies; 560 that he or she will work to uphold such documents and policies 561 to the best of his or her ability; and that he or she will 562 faithfully discharge his or her fiduciary responsibility to the 563 associations members. Within 90 days after being elected or 564 appointed to the board, in lieu of such written certification, 565 the newly elected or appointed director must may submit a 566 certificate of having satisfactorily completed the educational 567 curriculum administered by a department-approved, division 568 approved education provider. 569 1.The newly elected or appointed director must complete 570 the department-approved education for newly elected or appointed 571 directors within 90 days after being elected or appointed. 572 2.The certificate of completion is valid for a maximum of 573 4 years. 574 3.At least every 4 years, a director must complete the 575 education specific to newly elected or appointed directors. 576 4.The department-approved educational curriculum specific 577 to newly elected or appointed directors must include training 578 relating to financial literacy and transparency, recordkeeping, 579 levying of fines, and notice and meeting requirements. 580 5.In addition to the educational curriculum specific to 581 newly elected or appointed directors: 582 a.A director of an association that has fewer than 2,500 583 parcels must complete at least 4 hours of continuing education 584 annually. 585 b.A director of an association that has 2,500 parcels or 586 more must complete at least 8 hours of continuing education 587 annually within 1 year before or 90 days after the date of 588 election or appointment. 589 (b)The written certification or educational certificate is 590 valid for the uninterrupted tenure of the director on the board. 591 A director who does not timely file the written certification or 592 educational certificate is shall be suspended from the board 593 until he or she complies with the requirement. The board may 594 temporarily fill the vacancy during the period of suspension. 595 (c)The association shall retain each directors written 596 certification or educational certificate for inspection by the 597 members for 5 years after the directors election. However, the 598 failure to have the written certification or educational 599 certificate on file does not affect the validity of any board 600 action. 601 (d)The department shall adopt rules to implement and 602 administer the educational curriculum and continuing education 603 requirements under this subsection. 604 (3)An officer, a director, or a manager may not solicit, 605 offer to accept, or accept a kickback. As used in this 606 subsection, the term kickback means any thing or service of 607 value for which consideration has not been provided for an 608 officers, a directors, or a managers his or her benefit or 609 for the benefit of a member of his or her immediate family from 610 any person providing or proposing to provide goods or services 611 to the association. An officer, a director, or a manager who 612 knowingly solicits, offers to accept, or accepts a any thing or 613 service of value or kickback commits a felony of the third 614 degree, punishable as provided in s. 775.082, s. 775.083, or s. 615 775.084, and for which consideration has not been provided for 616 his or her own benefit or that of his or her immediate family 617 from any person providing or proposing to provide goods or 618 services to the association is subject to monetary damages under 619 s. 617.0834. If the board finds that an officer or a director 620 has violated this subsection, the board shall immediately remove 621 the officer or director from office. The vacancy shall be filled 622 according to law until the end of the officers or directors 623 term of office. However, an officer, a director, or a manager 624 may accept food to be consumed at a business meeting with a 625 value of less than $25 per individual or a service or good 626 received in connection with trade fairs or education programs. 627 (4)(a)A director or an officer charged by information or 628 indictment with any of the following crimes is deemed must be 629 removed from office and a vacancy declared: 630 1.Forgery of a ballot envelope or voting certificate used 631 in a homeowners association election as provided in s. 831.01. 632 2.Theft or embezzlement involving the associations funds 633 or property as provided in s. 812.014. 634 3.Destruction of or the refusal to allow inspection or 635 copying of an official record of a homeowners association which 636 is accessible to parcel owners within the time periods required 637 by general law, in furtherance of any crime. Such act 638 constitutes tampering with physical evidence as provided in s. 639 918.13. 640 4.Obstruction of justice as provided in chapter 843. 641 5. Any criminal violation under this chapter. 642 Section 5.Subsections (1) and (4) of section 720.3035, 643 Florida Statutes, are amended to read: 644 720.3035Architectural control covenants; parcel owner 645 improvements; rights and privileges. 646 (1)The authority of an association or any architectural, 647 construction improvement, or other such similar committee of an 648 association to review and approve plans and specifications for 649 the location, size, type, or appearance of any structure or 650 other improvement on a parcel, or to enforce standards for the 651 external appearance of any structure or improvement located on a 652 parcel, is shall be permitted only to the extent that the 653 authority is specifically stated or reasonably inferred as to 654 such location, size, type, or appearance in the declaration of 655 covenants or other published guidelines and standards authorized 656 by the declaration of covenants. An association or any 657 architectural, construction improvement, or similar committee of 658 an association must reasonably and equitably apply and enforce 659 on all parcel owners the architectural and construction 660 improvement standards authorized by the declaration of covenants 661 or other published guidelines and standards authorized by the 662 declaration of covenants. 663 (4)Each parcel owner is shall be entitled to the rights 664 and privileges set forth in the declaration of covenants or 665 other published guidelines and standards authorized by the 666 declaration of covenants concerning the architectural use of the 667 parcel, and the construction of permitted structures and 668 improvements on the parcel and such rights and privileges may 669 shall not be unreasonably infringed upon or impaired by the 670 association or any architectural, construction improvement, or 671 other such similar committee of the association. If the 672 association or any architectural, construction improvement, or 673 other such similar committee of the association denies a parcel 674 owners request or application for the construction of a 675 structure or other improvement on a parcel, the association or 676 committee must provide written notice to the parcel owner 677 stating with specificity the rule or covenant on which the 678 association or committee relied when denying the request or 679 application and the specific aspect or part of the proposed 680 improvement that does not conform to such rule or covenant. If 681 the association or any architectural, construction improvement, 682 or other such similar committee of the association should 683 unreasonably, knowingly, and willfully infringe upon or impair 684 the rights and privileges set forth in the declaration of 685 covenants or other published guidelines and standards authorized 686 by the declaration of covenants, the adversely affected parcel 687 owner is shall be entitled to recover damages caused by such 688 infringement or impairment, including any costs and reasonable 689 attorney attorneys fees incurred in preserving or restoring the 690 rights and privileges of the parcel owner set forth in the 691 declaration of covenants or other published guidelines and 692 standards authorized by the declaration of covenants. 693 Section 6.Section 720.3065, Florida Statutes, is amended 694 to read: 695 720.3065Fraudulent voting activities relating to 696 association elections; penalties. 697 (1) A person who engages in any Each of the following acts 698 of is a fraudulent voting activity relating to association 699 elections commits and constitutes a misdemeanor of the first 700 degree, punishable as provided in s. 775.082 or s. 775.083: 701 (a)(1)Willfully and falsely swearing to or affirming an 702 oath or affirmation, or willfully procuring another person to 703 falsely swear to or affirm an oath or affirmation, in connection 704 with or arising out of voting activities. 705 (b)(2)Perpetrating or attempting to perpetrate, or aiding 706 in the perpetration of, fraud in connection with a vote cast, to 707 be cast, or attempted to be cast. 708 (c)(3)Preventing a member from voting or preventing a 709 member from voting as he or she intended by fraudulently 710 changing or attempting to change a ballot, ballot envelope, 711 vote, or voting certificate of the member. 712 (d)(4)Menacing, threatening, or using bribery or any other 713 corruption to attempt, directly or indirectly, to influence, 714 deceive, or deter a member when the member is voting. 715 (e)(5)Giving or promising, directly or indirectly, 716 anything of value to another member with the intent to buy the 717 vote of that member or another member or to corruptly influence 718 that member or another member in casting his or her vote. This 719 subsection does not apply to any food served which is to be 720 consumed at an election rally or a meeting or to any item of 721 nominal value which is used as an election advertisement, 722 including a campaign message designed to be worn by a member. 723 (f)(6)Using or threatening to use, directly or indirectly, 724 force, violence, or intimidation or any tactic of coercion or 725 intimidation to induce or compel a member to vote or refrain 726 from voting in an election or on a particular ballot measure. 727 (2)A person who engages in any of the following acts 728 commits a misdemeanor of the first degree, punishable as 729 provided in s. 775.082 or s. 775.083: 730 (a)Knowingly aiding, abetting, or advising a person in the 731 commission of a fraudulent voting activity related to 732 association elections. 733 (b)Agreeing, conspiring, combining, or confederating with 734 at least one other person to commit a fraudulent voting activity 735 related to association elections. 736 (c)Having knowledge of a fraudulent voting activity 737 related to association elections and giving any aid to the 738 offender with intent that the offender avoid or escape 739 detection, arrest, trial, or punishment. 740 741 This subsection does not apply to a licensed attorney giving 742 legal advice to a client. 743 Section 7.Paragraph (c) of subsection (3) of section 744 720.3085, Florida Statutes, is amended to read: 745 720.3085Payment for assessments; lien claims. 746 (3)Assessments and installments on assessments that are 747 not paid when due bear interest from the due date until paid at 748 the rate provided in the declaration of covenants or the bylaws 749 of the association, which rate may not exceed the rate allowed 750 by law. If no rate is provided in the declaration or bylaws, 751 interest accrues at the rate of 18 percent per year. 752 (c)1.If an association sends out an invoice for 753 assessments or a parcels statement of the account described in 754 s. 720.303(4)(a)10.b. s. 720.303(4)(j)2., the invoice for 755 assessments or the parcels statement of account must be 756 delivered to the parcel owner by first-class United States mail 757 or by electronic transmission to the parcel owners e-mail 758 address maintained in the associations official records. 759 2.Before changing the method of delivery for an invoice 760 for assessments or the statement of the account, the association 761 must deliver a written notice of such change to each parcel 762 owner. The written notice must be delivered to the parcel owner 763 at least 30 days before the association sends the invoice for 764 assessments or the statement of the account by the new delivery 765 method. The notice must be sent by first-class United States 766 mail to the owner at his or her last address as reflected in the 767 associations records and, if such address is not the parcel 768 address, must be sent by first-class United States mail to the 769 parcel address. Notice is deemed to have been delivered upon 770 mailing as required by this subparagraph. 771 3.A parcel owner must affirmatively acknowledge his or her 772 understanding that the association will change its method of 773 delivery of the invoice for assessments or the statement of the 774 account before the association may change the method of 775 delivering an invoice for assessments or the statement of 776 account. The parcel owner may make the affirmative 777 acknowledgment electronically or in writing. 778 Section 8.Section 720.317, Florida Statutes, is amended to 779 read: 780 720.317Electronic voting.The association may conduct 781 elections and other membership votes through an Internet-based 782 online voting system if a member consents, electronically or in 783 writing, to online voting and if the following requirements are 784 met: 785 (1)The association provides each member with: 786 (a)A method to authenticate the members identity to the 787 online voting system. 788 (b)A method to confirm, at least 14 days before the voting 789 deadline, that the members electronic device can successfully 790 communicate with the online voting system. 791 (c)A method that is consistent with the election and 792 voting procedures in the associations bylaws. 793 (2)The association uses an online voting system that is: 794 (a)Able to authenticate the members identity. 795 (b)Able to authenticate the validity of each electronic 796 vote to ensure that the vote is not altered in transit. 797 (c)Able to transmit a receipt from the online voting 798 system to each member who casts an electronic vote. 799 (d)Able to permanently separate any authentication or 800 identifying information from the electronic election ballot, 801 rendering it impossible to tie an election ballot to a specific 802 member. This paragraph only applies if the associations bylaws 803 provide for secret ballots for the election of directors. 804 (e)Able to store and keep electronic ballots accessible to 805 election officials for recount, inspection, and review purposes. 806 (3)A member voting electronically pursuant to this section 807 shall be counted as being in attendance at the meeting for 808 purposes of determining a quorum. 809 (4)This section applies to an association that provides 810 for and authorizes an online voting system pursuant to this 811 section by a board resolution. The board resolution must provide 812 that members receive notice of the opportunity to vote through 813 an online voting system, must establish reasonable procedures 814 and deadlines for members to consent, electronically or in 815 writing, to online voting, and must establish reasonable 816 procedures and deadlines for members to opt out of online voting 817 after giving consent. Written notice of a meeting at which the 818 board resolution regarding online voting will be considered must 819 be mailed, delivered, or electronically transmitted to the unit 820 owners and posted conspicuously on the condominium property or 821 association property at least 14 days before the meeting. 822 Evidence of compliance with the 14-day notice requirement must 823 be made by an affidavit executed by the person providing the 824 notice and filed with the official records of the association. 825 (5)A members consent to online voting is valid until the 826 member opts out of online voting pursuant to the procedures 827 established by the board of administration pursuant to 828 subsection (4). 829 (6)This section may apply to any matter that requires a 830 vote of the members. 831 Section 9.This act shall take effect July 1, 2024.