PCS for HB 919 (ORIGINAL 2023) — An act relating to homeowners' associations
- Issuer
- Congressional materials
- Document type
- 2023 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcb
Summary
The 16-page text of the PCS for HB 919 (2023), a Florida bill relating to homeowners' associations that may be cited as the "Homeowners' Associations Bill of Rights." Section 2 amends s. 720.303, F.S., requiring removal of an officer or director charged with listed crimes, addressing designated mailing and e-mail addresses in official records, and requiring separate handling and an accounting of construction deposits. Section 3 amends s. 720.3033, F.S., on penalties for officers, directors or managers who accept things of value, and adds conflict-of-interest disclosure at least 14 days before a vote. Section 4 amends s. 720.305, F.S., on fines, suspensions, notices and hearings. The bill also creates s. 720.3065, F.S., on fraudulent voting activities, and Section 6 sets an effective date of October 1, 2023.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“PCS for HB 919 (ORIGINAL 2023) — An act relating to homeowners' associations.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3236-regulatory-reform-economic-development-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-919/
, SHA-256 a7df89420e37c643db5f32024c835e53ab06c2716b195e16de36bae7d83d4ec3.Full text
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
PCS for HB 919 ORIGINAL 2023
1 A bill to be entitled
2 An act relating to homeowners’ associations; providing
3 a short title; amending s. 720.303, F.S.; requiring
4 certain officers or directors be removed from office
5 for a certain time period under certain circumstances;
6 requiring an association to maintain designated
7 mailing and e-mail addresses as official records;
8 specifying what constitutes a designated address;
9 prohibiting certain funds from being comingled with
10 other association funds; authorizing a member to
11 request an accounting from an association under
12 certain circumstances; requiring an association to
13 provide such accounting and remit unused funds to the
14 member within specified timeframes; amending s.
15 720.3033, F.S.; providing criminal and civil penalties
16 for certain actions by an officer, a director, or a
17 manager of the association; providing requirements to
18 report certain conflicts of interest; amending s.
19 720.305, F.S.; restricting certain attorney fees and
20 fines; specifying the types of violations for which an
21 association may levy fines; providing a maximum fine
22 amount; prohibiting fines from being aggregated;
23 revising amount of notice the board of administration
24 must give a parcel owner before imposing a fine or
25 suspension; specifying where such notice must be
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26 delivered; providing requirements for such notice;
27 authorizing parcel owners to attend certain hearings
28 by telephone or other electronic means; expanding
29 duties of a specified committee; requiring a specified
30 notice after a hearing; specifying how fines,
31 suspensions, attorney fees, and costs are determined;
32 requiring a detailed accounting of amounts due to the
33 association be given to certain persons within a
34 certain timeframe upon written request; providing for
35 a complete waiver of a violation under certain
36 circumstances; specifying the priority of payments
37 made by a parcel owner to an association; prohibiting
38 the accrual of attorney fees and costs after a
39 specified time; authorizing certain persons to request
40 a hearing to dispute certain fees and costs; providing
41 for the waiver of certain fines or suspensions;
42 requiring certain fines, fees, or other costs be paid
43 by an association; conforming provisions to changes
44 made by the act; creating ss. 720.3065, F.S.;
45 providing criminal penalties for certain fraudulent
46 voting activities; providing an effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. This act may be cited as the "Homeowners’
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51 Associations Bill of Rights."
52 Section 2. Subsection (1), and paragraph (g) of subsection
53 (4), are amended, and paragraph (d) is added to subsection (8),
54 to read:
55 720.303 Association powers and duties; meetings of board;
56 official records; budgets; financial reporting; association
57 funds; recalls.—
58 (1) POWERS AND DUTIES.—
59 (a) An association which operates a community as defined
60 in s. 720.301, must be operated by an association that is a
61 Florida corporation. After October 1, 1995, the association must
62 be incorporated and the initial governing documents must be
63 recorded in the official records of the county in which the
64 community is located. An association may operate more than o ne
65 community.
66 (b)1. The officers and directors of an association have a
67 fiduciary relationship to the members who are served by the
68 association.
69 2. An officer or a director charged by information or
70 indictment with one of the following crimes must be removed from
71 office, and the vacancy must be filled as provided in s.
72 720.306(9) until the end of the officer's or director's period
73 of suspension or the end of his or her term of office, whichever
74 occurs first:
75 a. Forgery of a ballot envelope or voting certificate used
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76 in a homeowners' association election under s. 831.01.
77 b. Theft or embezzlement of funds of a homeowners'
78 association under s. 812.014.
79 c. Destruction of or the refusal to allow inspection or
80 copying of an official record of a homeowners' association that
81 is accessible to parcel owners within the time periods required
82 by general law in furtherance of any crime as tampering with
83 physical evidence under s. 918.13.
84 d. Obstruction of justice under chapter 843.
85 3. If a criminal charge is pending against the officer or
86 director, he or she may not be appointed or elected to a
87 position as an officer or a director of any association and may
88 not have access to the official records of any association,
89 except pursuant to a court order. However, if the charges are
90 resolved without a finding of guilt, the officer or director
91 must be reinstated for the remainder of his or her term of
92 office, if any.
93 (c) The powers and duties of an association include those
94 set forth in this chapter and, except as expressly limited or
95 restricted in this chapter, those set forth in the governing
96 documents.
97 (d) After control of the association is obtained by
98 members other than the developer, the association may institute,
99 maintain, settle, or appeal actions or hearings in its name on
100 behalf of all members concerning matters of common interest to
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101 the members, including, but not limited to, the common areas;
102 roof or structural components of a building, or other
103 improvements for which the association is responsible;
104 mechanical, electrical, or plumbing elements serving an
105 improvement or building for which the association is
106 responsible; representations of the developer pertaining to any
107 existing or proposed commonly used facility; and protesting ad
108 valorem taxes on commonly used facilities. The association may
109 defend actions in eminent domain or bring inverse condemnation
110 actions. Before commencing litigation against any party in the
111 name of the association involving amounts in controversy in
112 excess of $100,000, the association must obtain the affirmative
113 approval of a majority of the voting interests at a meeting of
114 the membership at which a quorum has been attained. This
115 paragraph subsection does not limit any statutory or common-law
116 right of any individual member or class of members to bring any
117 action without participation by the association.
118 (e) A member does not have authority to act for the
119 association by virtue of being a member. An association may have
120 more than one class of members and may issue membership
121 certificates.
122 (f) An association of 15 or fewer parcel owners may
123 enforce only the requirements of those deed restrictions
124 established prior to the purchase of each parcel upon an
125 affected parcel owner or owners.
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126 (4) OFFICIAL RECORDS.—The association shall maintain each
127 of the following items, when applicable, which constitute the
128 official records of the association:
129 (g) A current roster of all members and their designated
130 mailing addresses and parcel identifications. A member's
131 designated mailing address is the member's property address,
132 unless the member has sent written notice to the association
133 requesting that a different mailing address be used for all
134 required notices. The association shall also maintain the e-mail
135 electronic mailing addresses and the facsimile numbers
136 designated by members for receiving notice sent by electronic
137 transmission of those members consenting to receive notice by
138 electronic transmission. A member's e-mail address is the e-mail
139 address the member provided when consenting in writing to
140 receiving notice by electronic transmission unless the member
141 has sent written notice to the association requesting that a
142 different e-mail address be used for all required notices. The
143 e-mail electronic mailing addresses and facsimile numbers
144 provided by members unit owners to receive notice by electronic
145 transmission must shall be removed from association records when
146 the member revokes consent to receive notice by electronic
147 transmission is revoked. However, the association is not liable
148 for an erroneous disclosure of the e-mail electronic mail
149 address or the facsimile number for receiving electronic
150 transmission of notices.
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151 (8) ASSOCIATION FUNDS; COMMINGLING.—
152 (d) If an association collects a deposit from a member to
153 pay for expenses that may be incurred as a result of
154 construction on a member's parcel, or other reason for such
155 deposit, such funds must be maintained separately and may not be
156 comingled with any other association funds. Upon completion of
157 the member's construction project, or any other reason for such
158 deposit, the member may request an accounting from the
159 association of such funds that were deposited and the
160 association must provide an accounting to the member within 7
161 days after the member's request. An association must remit
162 payment of any and all unused funds to the member within 30 days
163 after receiving notice that the member's construction project ,
164 or any other reason for which a deposit was collected, is
165 complete.
166 Section 3. Subsection (3) is amended, and subsection (6)
167 is added, of section 720.3033, Florida Statutes, to read:
168 720.3033 Officers and directors.—
169 (3) An officer, a director, or a manager may not solicit,
170 offer to accept, or accept any thing good or service of value
171 for which consideration has not been provided for his or her
172 benefit or for the benefit of a member of his or her immediate
173 family from any person providing or proposing to provide goods
174 or services to the association. An officer, a director, or a
175 manager who knowingly solicits, offers to accept, or accepts any
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176 thing or service of value or kickback commits a misdemeanor of
177 the first degree, punishable as provided in s. 775.082 or s.
178 775.083, for amounts less than $1,000 and a felony of the third
179 degree, punishable as provided in s. 775.082, s. 775.083, or s.
180 775.084, for amounts $1,000 or more, and is subject to a civil
181 penalty pursuant to s. 718.501(1)(d). If the board finds that an
182 officer or a director has violated this subsection, the board
183 shall immediately remove the officer or director from office.
184 The vacancy shall be filled according to law until the end of
185 the officer's or director's term of office. However, an officer,
186 a director, or a manager may accept food to be consumed at a
187 business meeting with a value of less than $25 per indi vidual or
188 a service or good received in connection with trade fairs or
189 education programs.
190 (6) Directors and officers of an association must disclose
191 to the association any activity that may reasonably be construed
192 to be a conflict of interest at least 14 days prior to voting on
193 the subject of such conflict or entering into such contract. A
194 rebuttable presumption of a conflict of interest exists if any
195 of the following occurs without prior disclosure to the
196 association:
197 (a) A director or an officer, or a relative of a director
198 or an officer, enters into a contract for goods or services with
199 the association.
200 (b) A director or an officer, or a relative of a director
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201 or an officer, holds an interest in a corporation, limited
202 liability corporation, partnership, limited liability
203 partnership, or other business entity that conducts business
204 with the association or proposes to enter into a contract or
205 other transaction with the association.
206 Section 4. Subsections (1), (2), and (5) of section
207 720.305, Florida Statutes, are amended, and subsection (7) is
208 added to that section to read:
209 720.305 Obligations of members; remedies at law or in
210 equity; levy of fines and suspension of use rights. —
211 (1) Each member and the member's tenants, guests, and
212 invitees, and each association, are governed by, and must comply
213 with, this chapter, the governing documents of the community,
214 and the rules of the association. Actions at law or in equity,
215 or both, to redress alleged failure or refusal to comply with
216 these provisions may be brought by the association or by any
217 member against:
218 (a) The association;
219 (b) A member;
220 (c) Any director or officer of an association who
221 willfully and knowingly fails to comply with these provisions;
222 and
223 (d) Any tenants, guests, or invitees occupying a parcel or
224 using the common areas.
225
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226 The prevailing party in any such litigation is entitled to
227 recover reasonable attorney fees and costs as provided in
228 paragraph (2)(e). A member prevailing in an action between the
229 association and the member under this section, in addition to
230 recovering his or her reasonable attorney fees, may recover
231 additional amounts as determined by the court to be necessary to
232 reimburse the member for his or her share of assessments levied
233 by the association to fund its expenses of the litigation. This
234 relief does not exclude other remedies provided by law. This
235 section does not deprive any person of any other available right
236 or remedy.
237 (2) An association may levy reasonable fines for
238 violations of the declaration, association's bylaws, or
239 reasonable rules of the association. A fine may not exceed $100
240 per violation against any member or any member's tenant, guest,
241 or invitee for the failure of the owner of the parcel or its
242 occupant, licensee, or invitee to comply with any provision of
243 the declaration, the association bylaws, or reasonable rules of
244 the association unless otherwise provided in the governing
245 documents; however, a fine may not exceed $1,000 per violation.
246 A fine may be levied by the board for each day of a c ontinuing
247 violation, with a single notice and opportunity for hearing,
248 except that the fine may not exceed $1,000 in the aggregate
249 unless otherwise provided in the governing documents. A fine of
250 less than $1,000 or less may not become a lien against a parcel
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251 and fines may not be aggregated to create a lien against a
252 parcel. In any action to recover a fine, the prevailing party is
253 entitled to reasonable attorney fees and costs from the
254 nonprevailing party as provided in paragraph (e) determined by
255 the court.
256 (a) An association may suspend, for a reasonable period of
257 time, the right of a member, or a member's tenant, guest, or
258 invitee, to use common areas and facilities for the failure of
259 the owner of the parcel or its occupant, licensee, or invitee to
260 comply with any provision of the declaration, the association
261 bylaws, or reasonable rules of the association. This paragraph
262 does not apply to that portion of common areas used to provide
263 access or utility services to the parcel. A suspension may not
264 prohibit an owner or tenant of a parcel from having vehicular
265 and pedestrian ingress to and egress from the parcel, including,
266 but not limited to, the right to park.
267 (b) A fine or suspension levied for a violation by the
268 board of administration may not be imposed unless the board
269 first provides at least 30 14 days' notice to the parcel owner
270 at his or her designated mailing or e-mail address in the
271 association's official records and, if applicable, any occupant,
272 licensee, or invitee of the parcel owner, sought to b e fined or
273 suspended and an opportunity for a hearing before a committee of
274 at least three members appointed by the board who are not
275 officers, directors, or employees of the association, or the
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276 spouse, parent, child, brother, or sister of an officer,
277 director, or employee. The notice must include a description of
278 the alleged violation, the specific action required to cure such
279 violation, and the date and location of the hearing. A parcel
280 owner has the right to attend a hearing by telephone or other
281 electronic means.
282 (c) If the committee, by majority vote, does not approve a
283 proposed fine or suspension, the proposed fine or suspension may
284 not be imposed. If the committee, by majority vote, determines
285 that a violation does not exist then no other action may be
286 taken related to that alleged violation. The role of the
287 committee is limited to determining whether a violation exists
288 and whether to approve confirm or reject the fine or suspension
289 levied by the board.
290 (d) After the hearing, the committee shall provide written
291 notice to the parcel owner at his or her designated mailing or
292 e-mail address in the association's official records and, if
293 applicable, any occupant, licensee, or invitee of the parcel
294 owner, of the committee's findings related to the violation,
295 including any applicable fines or suspensions that the committee
296 approved or rejected, and how the parcel owner or any occupant,
297 licensee, or invitee of the parcel owner may cure the violation.
298 (e) Fines, suspensions, attorney fees, and costs are
299 imposed as follows:
300 1. If a violation is found by the committee, but is cured
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301 before the hearing, a fine or suspension may not be imposed and
302 attorney fees and costs may not be awarded.
303 2. If a violation is found and the proposed fine or
304 suspension levied by the board is approved by the committee, the
305 committee must decide, by majority vote, a date that the fine
306 payment is due, which date must be at least 30 days after
307 delivery of the written notice required in paragraph (d).
308 3. If a violation is found and the proposed fine or
309 suspension levied by the board is approved by the committee, but
310 the violation is cured within 30 days after delivery of the
311 written notice required in paragraph (d), the fine must be
312 reduced by 50 percent, any applicable suspensions must be
313 lifted, and attorney fees and costs may not be awarded.
314 4. If a violation is found and the proposed fine or
315 suspension levied by the board is approved by the committee and
316 the violation is not cured or the fine is not paid within 30
317 days after delivery of the written notice required in paragraph
318 (d), reasonable attorney fees and costs may be awarded to the
319 association.
320 (f) A parcel owner or any occupant, licensee, or invitee
321 of the parcel owner may, at any time, make a written request for
322 a detailed accounting of any amounts he or she owes to the
323 association and the board shall provide such information within
324 10 days after receipt of the written request. Failure by the
325 board to respond to a written request for a detailed accounting
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326 constitutes a complete waiver of the violation.
327 (g) Upon receipt of a payment for any outstanding fines
328 from a parcel owner or any occupant, licensee, or invitee of the
329 parcel owner, the board must apply the payment first to the fine
330 before satisfying any other amounts due to the association.
331 Attorney fees and costs may not continue to accrue after a
332 parcel owner or any occupant, licensee, or invitee of the parcel
333 owner pays the fine.
334 (h) A parcel owner or any occupant, licensee, or invitee
335 of the parcel owner may request a hearing before the board to
336 dispute the reasonableness of the attorney fees and costs
337 awarded to the association 5 days after notice of the approved
338 fine is provided to the parcel owner and, if applicable, to any
339 occupant, licensee, or invitee of the parcel owner. The
340 association must provide written notice of such fine or
341 suspension by mail or hand delivery to the parcel owner and, if
342 applicable, to any occupant, licensee, or invitee of the parcel
343 owner.
344 (5) All suspensions imposed under pursuant to subsection
345 (3) or subsection (4) must be approved at a properly noticed
346 board meeting. Upon approval, the board association must send
347 written notice to notify the parcel owner and, if applicable,
348 the parcel's occupant, licensee, or invitee by mail or hand
349 delivery to the parcel owner's designated mailing or e-mail
350 address in the association's official records.
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351 (7) The failure of the association or committee to comply
352 with this section constitutes a waiver of all fines or
353 suspensions imposed or proposed for a violation. Any fines,
354 fees, or other costs incurred by a parcel owner or any occupant,
355 licensee, or invitee of the parcel owner which is related to a
356 fine that is waived under this subsection must also be waived or
357 paid by the association if such fine, fee, or other cost is not
358 waivable.
359 Section 5. Section 720.3065, Florida Statutes, is created
360 to read:
361 720.3065 Fraudulent voting activities relating to
362 association elections; penalties.—
363 (1) Each of the following acts is a fraudulent voting
364 activity relating to association elections and constitutes a a
365 misdemeanor of the first degree, punishable as provided in s.
366 775.082 or s. 775.083:
367 (a) Willfully and falsely swearing to or affirming an oath
368 or affirmation, or willfully procuring another person to falsely
369 swear to or affirm an oath or affirmation, in connection with or
370 arising out of voting activities.
371 (b) Perpetrating or attempting to perpetrate, or aiding in
372 the perpetration of, fraud in connection with a vote cast, to be
373 cast, or attempted to be cast.
374 (c) Preventing a member from voting, or preventing a
375 member from voting as he or she intended, by fraudulently
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376 changing or attempting to change a ballot, ballot envelope,
377 vote, or voting certificate of the member.
378 (d) Menacing, threatening, or using bribery or any other
379 corruption to attempt, directly or indirectly, to influence,
380 deceive, or deter a member when voting.
381 (e) Giving or promising, directly or indirectly, anything
382 of value to another member with the intent to buy t he vote of
383 that member or another member or to corruptly influence that
384 member or another member in casting his or her vote. This
385 paragraph does not apply to any food served which is to be
386 consumed at an election rally or a meeting or to any item of
387 nominal value which is used as an election advertisement,
388 including a campaign message designed to be worn by a member.
389 (f) Using or threatening to use, either directly or
390 indirectly, force, violence, or intimidation or any tactic of
391 coercion or intimidation to induce or compel a member to vote or
392 refrain from voting in an election or on any particular ballot
393 measure.
394 Section 6. This act shall take effect October 1, 2023.
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