Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 1203 (2024)
Summary
Committee/subcommittee amendment, Amendment No. 1, offered by Representative Esposito at the Commerce Committee hearing on PCS for CS/HB 1203 (2024). The inserted text requires an association with 100 parcels or more, by January 1, 2025, to post its articles of incorporation, recorded bylaws, declaration of covenants and current rules on its website or through a downloadable mobile application, along with listed contracts, the annual budget and the financial report. It also covers inspection and copying of records and financial statements an association may prepare if a majority of voting interests approves. A debit card provision states that using an association debit card for an expense that is not a lawful obligation commits theft.
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“Committee/Subcommittee Amendment No. 1 to PCS for CS/HB 1203 (2024).”
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1203 (2024)
Amendment No.1
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WITHDRAWN (Y/N)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 280-502 and insert:
6 (b)1. By January 1, 2025, an association that has 100
7 parcels or more shall post the following documents on its
8 website or make such documents available through an application
9 that can be downloaded on a mobile device:
10 a. The articles of incorporation of the association and
11 each amendment thereto.
12 b. The recorded bylaws of the association and each
13 amendment thereto.
14 c. The declaration of covenants and a copy of each
15 amendment thereto.
16 d. The current rules of the association.
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Bill No. PCS for CS/HB 1203 (2024)
Amendment No.1
17 e. A list of all current executory contracts or documents
18 to which the association is a party or under which the
19 association or the parcel owners have an obligation or
20 responsibility and, after bidding for the related materials,
21 equipment, or services has closed, a list of bids received by
22 the association within the past year.
23 f. The annual budget required by subsection (6) and any
24 proposed budget to be considered at the annual meeting.
25 g. The financial report required by subsection (7) and any
26 monthly income or expense statement to be considered at a
27 meeting.
28 h. The association's current insurance policies.
29 i. The certification of each director as required by s.
30 720.3033(1)(a).
31 j. All contracts or transactions between the association
32 and any director, officer, corporation, firm, or association
33 that is not an affiliated homeowners' association or any other
34 entity in which a director of an association is also a director
35 or officer and has a financial interest.
36 k. Any contract or document regarding a conflict of
37 interest or possible conflict of interest as provided in ss.
38 468.436(2)(b)6. and 720.3033(2).
39 l. Notice of any scheduled meeting of members and the
40 agenda for the meeting, as required by s. 720.306, no later than
41 14 days before such meeting. The notice must be posted in plain
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Bill No. PCS for CS/HB 1203 (2024)
Amendment No.1
42 view on the homepage of the website or application, or on a
43 separate subpage of the website or application labeled "Notices"
44 which is conspicuously visible and linked from the homepage. The
45 association must also post on its website or application any
46 document to be considered and voted on by the members during the
47 meeting or any document listed on the meeting agenda at least 7
48 days before the meeting at which such document or information
49 within the document will be considered.
50 m. Notice of any board meeting, the agenda, and any other
51 document required for such meeting as required by subsection
52 (3), which must be posted on the website or application no later
53 than the date required for notice under subsection (3).
54 2. The association's website or application must be
55 accessible through the Internet and must contain a subpage, web
56 portal, or other protected electronic location that is
57 inaccessible to the general public and accessible only to parcel
58 owners and employees of the association.
59 3. Upon written request by a parcel owner, the association
60 must provide the parcel owner with a username and password and
61 access to the protected sections of the association's website or
62 application which contains the official documents of the
63 association.
64 4. The association shall ensure that the information and
65 records described in paragraph (5)(g), which are not allowed to
66 be accessible to parcel owners, are not posted on the
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Bill No. PCS for CS/HB 1203 (2024)
Amendment No.1
67 association's website or application. If protected information
68 or information restricted from being accessible to parcel owners
69 is included in documents that are required to be posted on the
70 association's website or application, the association must
71 ensure the information is redacted before posting the documents.
72 Notwithstanding the foregoing, the association or its authorized
73 agent is not liable for disclosing information that is protected
74 or restricted under paragraph (5)(g) unless such disclosure was
75 made with a knowing or intentional disregard of the protected or
76 restricted nature of such information.
77 (c) The association shall adopt written rules governing
78 the method or policy by which the official records of the
79 association are to be retained and for how long such records
80 must be retained pursuant to paragraph (a). Such information
81 must be made available to the parcel owners through the
82 association's website or application.
83 (5) INSPECTION AND COPYING OF RECORDS.—
84 (a) Unless otherwise provided by law or the governing
85 documents of the association, the official records must shall be
86 maintained within the state for at least 7 years and shall be
87 made available to a parcel owner for inspection or photocopying
88 within 45 miles of the community or within the county in which
89 the association is located within 10 business days after receipt
90 by the board or its designee of a written request from the
91 parcel owner. This subsection may be complied with by having a
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92 copy of the official records available for inspection or copying
93 in the community or, at the option of the association, by making
94 the records available to a parcel owner electronically via the
95 Internet or by allowing the records to be viewed in electronic
96 format on a computer screen and printed upon request. If the
97 association has a photocopy machine available where the records
98 are maintained, it must provide parcel owners with copies on
99 request during the inspection if the entire request is limited
100 to no more than 25 pages. An association shall allow a member or
101 his or her authorized representative to use a portable device,
102 including a smartphone, tablet, portable scanner, or any other
103 technology capable of scanning or taking photographs, to make an
104 electronic copy of the official records in lieu of the
105 association's providing the member or his or her authorized
106 representative with a copy of such records. The association may
107 not charge a fee to a member or his or her authorized
108 representative for the use of a portable device.
109 (b)(a) The failure of an association to provide access to
110 the records within 10 business days after receipt of a written
111 request submitted by certified mail, return receipt requested,
112 creates a rebuttable presumption that the association willfully
113 failed to comply with this subsection.
114 (c)(b) A member who is denied access to official records
115 is entitled to the actual damages or minimum damages for the
116 association's willful failure to comply with this subsection.
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117 The minimum damages are to be $50 per calendar day up to 10
118 days, the calculation to begin on the 11th business day after
119 receipt of the written request.
120 (d) Any director or member of the board or association or
121 a community association manager who knowingly, willfully, and
122 repeatedly violates paragraph (a), with the intent of causing
123 harm to the association or one or more of its members, commits a
124 misdemeanor of the second degree, punishable as provided in s.
125 775.082 or s. 775.083. For purposes of this paragraph, the term
126 "repeatedly" means two or more violations within a 12 -month
127 period.
128 (e) Any person who knowingly and intentionally defaces or
129 destroys accounting records during the period in which such
130 records are required to be maintained, or who knowingly or
131 intentionally fails to create or maintain accounting records
132 that are required to be created or maintained, with the intent
133 of causing harm to the association or one or more of its
134 members, commits a misdemeanor of the first degree, punishable
135 as provided in s. 775.082 or s. 775.083.
136 (f) Any person who willfully and knowingly refuses to
137 release or otherwise produce association records with the intent
138 to avoid or escape detection, arrest, trial, or punishment for
139 the commission of a crime, or to assist another person with such
140 avoidance or escape, commits a felony of the third degree,
141 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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142 (g)(c) The association may adopt reasonable written rules
143 governing the frequency, time, location, notice, records to be
144 inspected, and manner of inspections, but may not require a
145 parcel owner to demonstrate any proper purpose for the
146 inspection, state any reason for the inspection, or limit a
147 parcel owner's right to inspect records to less than one 8 -hour
148 business day per month. The association may impose fees to cover
149 the costs of providing copies of the official records, including
150 the costs of copying and the costs required for personnel to
151 retrieve and copy the records if the time spent retrieving and
152 copying the records exceeds one-half hour and if the personnel
153 costs do not exceed $20 per hour. Personnel costs may not be
154 charged for records requests that result in the copying of 25 or
155 fewer pages. The association may charge up to 25 cents per page
156 for copies made on the association's photocopier. If the
157 association does not have a photocopy machine available where
158 the records are kept, or if the records requested to be copied
159 exceed 25 pages in length, the association may have copies made
160 by an outside duplicating service and may charge the actual cost
161 of copying, as supported by the vendor invoice. The association
162 shall maintain an adequate number of copies of the recorded
163 governing documents, to ensure their availability to members and
164 prospective members. Notwithstanding this subsection paragraph,
165 the following records are not accessible to members or parcel
166 owners:
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Bill No. PCS for CS/HB 1203 (2024)
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167 1. Any record protected by the lawyer-client privilege as
168 described in s. 90.502 and any record protected by the work-
169 product privilege, including, but not limited to, a record
170 prepared by an association attorney or prepared at the
171 attorney's express direction which reflects a mental impression,
172 conclusion, litigation strategy, or legal theory of the attorney
173 or the association and which was prepared exclusively for civil
174 or criminal litigation or for adversarial administrative
175 proceedings or which was prepared in anticipation of such
176 litigation or proceedings until the conclusion of the litigation
177 or proceedings.
178 2. Information obtained by an association in connection
179 with the approval of the lease, sale, or other transfer of a
180 parcel.
181 3. Information an association obtains in a gated community
182 in connection with guests' visits to parcel owners or community
183 residents.
184 4. Personnel records of association or management company
185 employees, including, but not limited to, disciplinary, payroll,
186 health, and insurance records. For purposes of this
187 subparagraph, the term "personnel records" does not include
188 written employment agreements with an association or management
189 company employee or budgetary or financial records that indicate
190 the compensation paid to an association or management company
191 employee.
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192 5. Medical records of parcel owners or community
193 residents.
194 6. Social security numbers, driver license numbers, credit
195 card numbers, electronic mailing addresses, telephone numbers,
196 facsimile numbers, emergency contact information, any addresses
197 for a parcel owner other than as provided for association notice
198 requirements, and other personal identifying information of any
199 person, excluding the person's name, parcel designation, mailing
200 address, and property address. Notwithstanding the restrictions
201 in this subparagraph, an association may print and distribute to
202 parcel owners a directory containing the name, parcel address,
203 and all telephone numbers of each parcel owner. However, an
204 owner may exclude his or her telephone numbers from the
205 directory by so requesting in writing to the association. An
206 owner may consent in writing to the disclosure of other contact
207 information described in this subparagraph. The association is
208 not liable for the disclosure of information that is protected
209 under this subparagraph if the information is included in an
210 official record of the association and is voluntarily provided
211 by an owner and not requested by the association.
212 7. Any electronic security measure that is used by the
213 association to safeguard data, including passwords.
214 8. The software and operating system used by the
215 association which allows the manipulation of data, even if the
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216 owner owns a copy of the same software used by the association.
217 The data is part of the official records of the association.
218 9. All affirmative acknowledgments made pursuant to s.
219 720.3085(3)(c)3.
220 (h)(d) The association or its authorized agent is not
221 required to provide a prospective purchaser or lienholder with
222 information about the residential subdivision or the association
223 other than information or documents required by this chapter to
224 be made available or disclosed. The association or its
225 authorized agent may charge a reasonable fee to the p rospective
226 purchaser or lienholder or the current parcel owner or member
227 for providing good faith responses to requests for information
228 by or on behalf of a prospective purchaser or lienholder, other
229 than that required by law, if the fee does not exceed $1 50 plus
230 the reasonable cost of photocopying and any attorney fees
231 incurred by the association in connection with the response.
232 (i) If an association receives a subpoena for records from
233 a law enforcement agency, the association must provide a copy of
234 such records or otherwise make the records available for
235 inspection and copying to a law enforcement agency within 5
236 business days after receipt of the subpoena, unless otherwise
237 specified by the law enforcement agency or subpoena. An
238 association must assist a law enforcement agency in its
239 investigation to the extent permissible by law.
240 (6) BUDGETS.—
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241 (f) After one or more reserve accounts are established,
242 the membership of the association, upon a majority vote at a
243 meeting at which a quorum is present, may provide for no
244 reserves or less reserves than required by this section. If a
245 meeting of the parcel unit owners has been called to determine
246 whether to waive or reduce the funding of reserves and such
247 result is not achieved or a quorum is not present, the reserves
248 as included in the budget go into effect. After the turnover,
249 the developer may vote its voting interest to waive or reduce
250 the funding of reserves. Any vote taken pursuant to this
251 subsection to waive or reduce reserves is applicable only to one
252 budget year.
253 (7) FINANCIAL REPORTING.—Within 90 days after the end of
254 the fiscal year, or annually on the date provided in the bylaws,
255 the association shall prepare and complete, or contract with a
256 third party for the preparation and completion of, a financial
257 report for the preceding fiscal year. Within 21 days after the
258 final financial report is completed by the association or
259 received from the third party, but not later than 120 days after
260 the end of the fiscal year or other date as provided in the
261 bylaws, the association shall, within the time limits set forth
262 in subsection (5), provide each member with a copy of the annual
263 financial report or a written notice that a copy of the
264 financial report is available upon request at no charge to the
265 member. Financial reports shall be prepared as follows:
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266 (a) An association that meets the criteria of this
267 paragraph shall prepare or cause to be prepared a complete set
268 of financial statements in accordance with generally accepted
269 accounting principles as adopted by the Board of Accountancy.
270 The financial statements shall be based upon the association's
271 total annual revenues, as follows:
272 1. An association with total annual revenues of $150,000
273 or more, but less than $300,000, shall prepare compiled
274 financial statements.
275 2. An association with total annual revenues of at least
276 $300,000, but less than $500,000, shall prepare reviewed
277 financial statements.
278 3. An association with total annual revenues of $500,000
279 or more shall prepare audited financial statements.
280 4. An association with 1,000 parcels or more shall prepare
281 audited financial statements, notwithstanding the association's
282 total annual revenues.
283 (d) If approved by a majority of the voting interests
284 present at a properly called meeting of the association, an
285 association may prepare or cause to be prepared:
286 1. A report of cash receipts and expenditures in lieu of a
287 compiled, reviewed, or audited financial statement;
288 2. A report of cash receipts and expenditures or a
289 compiled financial statement in lieu of a reviewed or audited
290 financial statement; or
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291 3. A report of cash receipts and expenditures, a compiled
292 financial statement, or a reviewed financial statement in lieu
293 of an audited financial statement.
294
295 An association may not prepare a financial statement pursuant to
296 this paragraph for consecutive fiscal years.
297 (13) DEBIT CARDS.—
298 (a) An association and its officers, directors, employees,
299 and agents may not use a debit card issued in the name of the
300 association, or billed directly to the association, for the
301 payment of any association expenses.
302 (b) A person who uses a debit card issued in the name of
303 the association, or billed directly to the association, for any
304 expense that is not a lawful obligation of the association
305 commits theft as provided under s. 812.014.
306
307 For the purposes of this subsection, the term "lawful obligation
308 of the association" means an obligation that has been properly
309 preapproved by the board and is reflected in the meeting minutes
310 or the written budget.
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