Committee/Subcommittee Amendment No. 9 to PCS for CS/HB 1203 (2024)

Summary

Committee/subcommittee amendment, Amendment No. 9, offered by Representative Daniels at the Commerce Committee hearing on PCS for CS/HB 1203 (2024). Inserted as Section 11, it amends section 720.311, Florida Statutes, headed Dispute resolution. The text provides that the department conducts binding arbitration of election disputes and of disputes between an association and a parcel owner over use of or changes to the parcel or common areas. At the end of an arbitration the department charges the parties a fee covering its costs, the petitioner initially remits a filing fee of at least $200, and the prevailing party recovers reasonable costs and attorney fees.

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Full text

                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 1203    (2024)
       Amendment No. 9




            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       WITHDRAWN                      (Y/N)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 Daniels offered the following:
 3
 4          Amendment
 5          Between lines 1111 and 1112, insert:
 6          Section 11.     Section 720.311, Florida Statutes, is amended
 7     to read:
 8          720.311 Dispute resolution.—
 9          (1) The Legislature finds that alternative dispute
10     resolution has made progress in reducing court dockets and
11     trials and in offering a more efficient, cost-effective option
12     to litigation. The filing of any petition for arbitration or the
13     serving of a demand for presuit mediation as provided for in
14     this section shall toll the applicable statute of limitations.
15     Any recall dispute filed with the department under s.
16     720.303(10) shall be conducted by the department in accordance
     PCS for CSHB 1203 a9
      Published On: 2/14/2024 9:17:03 PM
                                    Page 1 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                     Bill No. PCS for CS/HB 1203     (2024)
       Amendment No. 9


17     with the provisions of ss. 718.112(2)(l) and 718.1255 and the
18     rules adopted by the division. In addition, the department shall
19     conduct binding arbitration of election disputes; disputes
20     between an association and a parcel owner regarding use of or
21     changes to the parcel or the common areas and other covenant
22     enforcement; disputes regarding amendments to the association
23     documents; disputes regarding meetings of the board and
24     committees appointed by the board; disputes regarding membership
25     meetings not including election meetings, and disputes regarding
26     access to the official records of the association between a
27     member and an association in accordance with s. 718.1255 and
28     rules adopted by the division. Election disputes and recall
29     disputes are not eligible for presuit mediation; these disputes
30     must be arbitrated by the department or filed in a court of
31     competent jurisdiction. At the conclusion of an arbitration
32     proceeding, the department shall charge the parties a fee in an
33     amount adequate to cover all costs and expenses incurred by the
34     department in conducting the proceeding. Initially, the
35     petitioner shall remit a filing fee of at least $200 to the
36     department. The fees paid to the department shall become a
37     recoverable cost in the arbitration proceeding, and the
38     prevailing party in an arbitration proceeding shall recover its
39     reasonable costs and attorney fees in an amount found reasonable
40     by the arbitrator. The department shall adopt rules to
41     effectuate the purposes of this section.
     PCS for CSHB 1203 a9
      Published On: 2/14/2024 9:17:03 PM
                                  Page 2 of 2


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