Committee/Subcommittee Amendment No. 3 to PCS for CS/HB 1203 (2024)
Summary
Committee/subcommittee amendment, Amendment No. 3 (with title amendment), offered by Representative Esposito at the Commerce Committee hearing on PCS for CS/HB 1203 (2024). Inserted as Section 11, it amends section 720.317, Florida Statutes, headed Electronic voting. An association may conduct elections and other membership votes through an Internet-based online voting system if a member consents, electronically or in writing, and the association provides listed authentication methods. The title amendment states that a homeowner may consent to online voting electronically as well as in writing, and that a law enforcement officer may park an assigned vehicle on public roads and rights-of-way.
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“Committee/Subcommittee Amendment No. 3 to PCS for CS/HB 1203 (2024).”
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1203 (2024)
Amendment No. 3
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WITHDRAWN (Y/N)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 (with title amendment)
5 Between lines 1111 and 1112, insert:
6 Section 11. Section 720.317, Florida Statutes, is amended
7 to read:
8 720.317 Electronic voting.—
9 (1) The association may conduct elections and other
10 membership votes through an Internet-based online voting system
11 if a member consents, electronically or in writing, to online
12 voting and if the following requirements are met:
13 (a)(1) The association provides each member with:
14 1.(a) A method to authenticate the member's identity to
15 the online voting system.
PCS for CSHB 1203 a3
Published On: 2/14/2024 9:07:15 PM
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1203 (2024)
Amendment No. 3
16 2.(b) A method to confirm, at least 14 days before the
17 voting deadline, that the member's electronic device can
18 successfully communicate with the online voting system.
19 3.(c) A method that is consistent with the election and
20 voting procedures in the association's bylaws.
21 (b)(2) The association uses an online voting system that
22 is:
23 1.(a) Able to authenticate the member's identity.
24 2.(b) Able to authenticate the validity of each electronic
25 vote to ensure that the vote is not altered in transit.
26 3.(c) Able to transmit a receipt from the online voting
27 system to each member who casts an electronic vote.
28 4.(d) Able to permanently separate any authentication or
29 identifying information from the electronic election ballot,
30 rendering it impossible to tie an election ballot to a specific
31 member. This paragraph only applies if the association's bylaws
32 provide for secret ballots for the election of directors.
33 5.(e) Able to store and keep electronic ballots accessible
34 to election officials for recount, inspection, and review
35 purposes.
36 (2)(3) A member voting electronically pursuant to this
37 section shall be counted as being in attendance at the meeting
38 for purposes of determining a quorum.
39 (3)(4) This section applies to an association that
40 provides for and authorizes an online voting system pursuant to
PCS for CSHB 1203 a3
Published On: 2/14/2024 9:07:15 PM
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1203 (2024)
Amendment No. 3
41 this section by a board resolution. The board resolution must
42 provide that members receive notice of the opportunity to vote
43 through an online voting system, must establish reasonable
44 procedures and deadlines for members to consent, electronically
45 or in writing, to online voting, and must establish reasonable
46 procedures and deadlines for members to opt out of online voting
47 after giving consent. Written notice of a meeting at which the
48 board resolution regarding online voting will be considered m ust
49 be mailed, delivered, or electronically transmitted to the unit
50 owners and posted conspicuously on the condominium property or
51 association property at least 14 days before the meeting.
52 Evidence of compliance with the 14-day notice requirement must
53 be made by an affidavit executed by the person providing the
54 notice and filed with the official records of the association.
55 (4)(5) A member's consent to online voting is valid until
56 the member opts out of online voting pursuant to the procedures
57 established by the board of administration pursuant to
58 subsection (3) (4).
59 (5)(6) This section may apply to any matter that requires
60 a vote of the members.
61
62 -----------------------------------------------------
63 T I T L E A M E N D M E N T
64 Remove lines 106-109 and insert:
PCS for CSHB 1203 a3
Published On: 2/14/2024 9:07:15 PM
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1203 (2024)
Amendment No. 3
65 or certified judgments; amending s. 720.317, F.S.; providing
66 that a homeowner may consent to online voting electronically, as
67 well as in writing, and that association boards must establish
68 reasonable procedures for giving such consent; amending s.
69 720.318, F.S.; authorizing a law enforcement officer to park his
70 or her assigned law enforcement vehicle on public roads and
71 rights-of-way; providing an effective date.
PCS for CSHB 1203 a3
Published On: 2/14/2024 9:07:15 PM
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