Committee/Subcommittee Amendment No. 2 to PCS for CS/HB 1203 (2024)
Summary
Committee/subcommittee amendment, Amendment No. 2, offered by Representative Esposito at the Commerce Committee hearing on the bill printed as PCS for CS/HB 1203 (2024). The inserted text amends section 720.3033, Florida Statutes, headed Officers and directors. It covers a director's written certification or certificate of completing an approved educational curriculum, suspension from the board of a director who does not timely file it, and rulemaking by the department. It also bars an officer, a director or a manager from soliciting or accepting a kickback and requires removal from office of a director or officer charged with crimes including forgery of a ballot envelope or voting certificate.
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“Committee/Subcommittee Amendment No. 2 to PCS for CS/HB 1203 (2024).”
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1203 (2024)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Esposito offered the following:
3
4 Amendment
5 Remove lines 516-595 and insert:
6 Section 4. Subsections (1) and (3) and paragraph (a) of
7 subsection (4) of section 720.3033, Florida Statutes, are
8 amended to read:
9 720.3033 Officers and directors.—
10 (1)(a) Within 90 days after being elected or appointed to
11 the board, each director shall certify in writing to the
12 secretary of the association that he or she has read the
13 association's declaration of covenants, articles of
14 incorporation, bylaws, and current written rules and policies;
15 that he or she will work to uphold such documents and policies
16 to the best of his or her ability; and that he or she will
PCS for CSHB 1203 a2
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1203 (2024)
Amendment No. 2
17 faithfully discharge his or her fiduciary responsibility to the
18 association's members. Within 90 days after being elected or
19 appointed to the board, in lieu of such written certification,
20 the newly elected or appointed director must may submit a
21 certificate of having satisfactorily completed the educational
22 curriculum administered by a department-approved division-
23 approved education provider.
24 1. The newly elected or appointed director must complete
25 the department-approved education for newly elected or appointed
26 directors within 90 days after being elected or appointed.
27 2. The certificate of completion is valid for a maximum of
28 4 years.
29 3. At least every 4 years, a director must complete the
30 education specific to newly elected or appointed directors.
31 4. The department-approved educational curriculum specific
32 to newly elected or appointed directors must include training
33 relating to financial literacy and transparency, recordkeeping,
34 levying of fines, and notice and meeting requirements.
35 5. In addition to the educational curriculum specific to
36 newly elected or appointed directors:
37 a. A director of an association that has fewer than 2,500
38 parcels must complete at least 4 hours of continuing education
39 annually.
40 b. A director of an association that has 2,500 parcels or
41 more must complete at least 8 hours of continuing education
PCS for CSHB 1203 a2
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1203 (2024)
Amendment No. 2
42 annually within 1 year before or 90 days after the date of
43 election or appointment.
44 (b) The written certification or educational certificate
45 is valid for the uninterrupted tenure of the director on the
46 board. A director who does not timely file the written
47 certification or educational certificate is shall be suspended
48 from the board until he or she complies with the require ment.
49 The board may temporarily fill the vacancy during the period of
50 suspension.
51 (c) The association shall retain each director's written
52 certification or educational certificate for inspection by the
53 members for 5 years after the director's election. However, the
54 failure to have the written certification or educational
55 certificate on file does not affect the validity of any board
56 action.
57 (d) The department shall adopt rules to implement and
58 administer the educational curriculum and continuing education
59 requirements under this subsection.
60 (3) An officer, a director, or a manager may not solicit,
61 offer to accept, or accept a kickback. As used in this
62 subsection, the term "kickback" means any thing or service of
63 value for which consideration has not been provided for an
64 officer's, a director's, or a manager's his or her benefit or
65 for the benefit of a member of his or her immediate family from
66 any person providing or proposing to provide goods or services
PCS for CSHB 1203 a2
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1203 (2024)
Amendment No. 2
67 to the association. An officer, a director, or a manager who
68 knowingly solicits, offers to accept, or accepts a any thing or
69 service of value or kickback commits a felony of the third
70 degree, punishable as provided in s. 775.082, s. 775.083, or s.
71 775.084, and for which consideration has not been provided for
72 his or her own benefit or that of his or her immediate family
73 from any person providing or proposing to provide goods or
74 services to the association is subject to monetary damages under
75 s. 617.0834. If the board finds that an officer or a dir ector
76 has violated this subsection, the board shall immediately remove
77 the officer or director from office. The vacancy shall be filled
78 according to law until the end of the officer's or director's
79 term of office. However, an officer, a director, or a mana ger
80 may accept food to be consumed at a business meeting with a
81 value of less than $25 per individual or a service or good
82 received in connection with trade fairs or education programs.
83 (4)(a) A director or an officer charged by information or
84 indictment with any of the following crimes must be removed from
85 office and a vacancy declared:
86 1. Forgery of a ballot envelope or voting certificate used
87 in a homeowners' association election as provided in s. 831.01.
88 2. Theft or embezzlement involving the association's funds
89 or property as provided in s. 812.014.
90 3. Destruction of or the refusal to allow inspection or
91 copying of an official record of a homeowners' association which
PCS for CSHB 1203 a2
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1203 (2024)
Amendment No. 2
92 is accessible to parcel owners within the time periods required
93 by general law, in furtherance of any crime. Such act
94 constitutes tampering with physical evidence as provided in s.
95 918.13.
96 4. Obstruction of justice as provided in chapter 843.
97 5. Any criminal violation under this chapter.
PCS for CSHB 1203 a2
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