Bill Text: FL S0662 | 2015 | Regular Session | Introduced


Bill Title: Mobile Homes

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/HB 307 (Ch. 2015-90) [S0662 Detail]

Download: Florida-2015-S0662-Introduced.html
       Florida Senate - 2015                                     SB 662
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00653-15                                            2015662__
    1                        A bill to be entitled                      
    2         An act relating to mobile homes; amending s. 73.072,
    3         F.S.; conforming a cross-reference; amending s.
    4         723.003, F.S.; providing definitions; amending s.
    5         723.006, F.S.; requiring the Division of Florida
    6         Condominiums, Timeshares, and Mobile Homes to approve
    7         training and educational programs for board members of
    8         mobile home owners’ associations; providing duties of
    9         the division; providing requirements for education
   10         curriculum information for board member and mobile
   11         home owner training; amending s. 723.023, F.S.;
   12         revising mobile home owner’s general obligations;
   13         amending s. 723.031, F.S.; conforming a cross
   14         reference; amending s. 723.037, F.S.; providing and
   15         revising requirements for lot rental increases;
   16         amending s. 723.059, F.S.; revising provisions
   17         relating to rights of purchasers of lifetime leases;
   18         amending s. 723.0611, F.S.; providing for the removal
   19         of a member of the board of directors under certain
   20         conditions; amending s. 723.078, F.S.; revising
   21         provisions with respect to the bylaws of homeowners’
   22         associations; revising quorum and voting requirements;
   23         revising provisions relating to board of directors,
   24         committee, and member meetings; providing requirements
   25         for meeting minutes; revising requirements for the
   26         amendment of articles of incorporation and bylaws;
   27         revising requirements for the recall of board members;
   28         creating s. 723.1255, F.S.; providing requirements for
   29         the alternative resolution of recall disputes;
   30         creating s. 723.0781, F.S.; specifying certification
   31         or educational requirements for a newly elected or
   32         appointed board member; amending s. 723.079, F.S.;
   33         revising and providing requirements relating to the
   34         official records of the association; conforming cross
   35         references; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Subsection (1) of section 73.072, Florida
   40  Statutes, is amended to read:
   41         73.072 Mobile home parks; compensation for permanent
   42  improvements by mobile home owners.—
   43         (1) When all or a portion of a mobile home park as defined
   44  in s. 723.003 723.003(6) is appropriated under this chapter, the
   45  condemning authority shall separately determine the compensation
   46  for any permanent improvements made to each site. This
   47  compensation shall be awarded to the mobile home owner leasing
   48  the site if:
   49         (a) The effect of the taking includes a requirement that
   50  the mobile home owner remove or relocate his or her mobile home
   51  from the site;
   52         (b) The mobile home owner currently leasing the site has
   53  paid for the permanent improvements to the site; and
   54         (c) The value of the permanent improvements on the site
   55  exceeds $1,000 as of the date of taking.
   56         Section 2. Section 723.003, Florida Statutes, is reordered
   57  and amended to read:
   58         723.003 Definitions.—As used in this chapter, the term
   59  following words and terms have the following meanings unless
   60  clearly indicated otherwise:
   61         (2)(1)The term “Division” means the Division of Florida
   62  Condominiums, Timeshares, and Mobile Homes of the Department of
   63  Business and Professional Regulation.
   64         (3) “Electronic transmission” means a form of
   65  communication, not directly involving the physical transmission
   66  or transfer of paper, that creates a record that may be
   67  retained, retrieved, and reviewed by a recipient and that may be
   68  directly reproduced in a comprehensible and legible paper form
   69  by the recipient through an automated process, such as a printer
   70  or copy machine. Examples of electronic transmission include,
   71  but are not limited to, telegrams, facsimile transmission of
   72  images, and text that is sent via e-mail between computers.
   73  Electronic transmission does not include oral communication by
   74  telephone.
   75         (4) “Homeowners’ association” means a corporation for
   76  profit or not for profit, which is formed and operates in
   77  compliance with ss. 723.075-723.079; or, in a subdivision, the
   78  homeowners’ association authorized in the subdivision documents
   79  in which all home owners must be members as a condition of
   80  ownership.
   81         (5) “Homeowners’ committee” means a committee, not to
   82  exceed five persons in number, designated by a majority of the
   83  affected homeowners in a mobile home park or a subdivision; or,
   84  if a homeowners’ association has been formed, designated by the
   85  board of directors of the association. The homeowners’ committee
   86  is designated for the purpose of meeting with the park owner or
   87  park developer to discuss lot rental increases, reduction in
   88  services or utilities, or changes in rules and regulations and
   89  any other matter authorized by the homeowners’ association, or
   90  the majority of the affected home owners, and who are authorized
   91  to enter into a binding agreement with the park owner or
   92  subdivision developer, or a binding mediation agreement, on
   93  behalf of the association, its members, and all other mobile
   94  home owners in the mobile home park.
   95         (6)(2)The term “Lot rental amount” means all financial
   96  obligations, except user fees, which are required as a condition
   97  of the tenancy.
   98         (7)(a) “Mediation” means a process whereby a mediator
   99  appointed by the Division of Florida Condominiums, Timeshares,
  100  and Mobile Homes or mutually selected by the parties acts to
  101  encourage and facilitate the resolution of a dispute. It is an
  102  informal and nonadversarial process with the objective of
  103  helping the disputing parties reach a mutually acceptable
  104  agreement.
  105         (b) For purposes of mediation, under s. 723.037 and s.
  106  723.038, the term “parties” means a park owner as defined by s.
  107  723.003(13) and a homeowners’ committee selected pursuant to s.
  108  723.037.
  109         (8)(3)The term “Mobile home” means a residential
  110  structure, transportable in one or more sections, which is 8
  111  body feet or more in width, over 35 body feet in length with the
  112  hitch, built on an integral chassis, designed to be used as a
  113  dwelling when connected to the required utilities, and not
  114  originally sold as a recreational vehicle, and includes the
  115  plumbing, heating, air-conditioning, and electrical systems
  116  contained therein.
  117         (9) “Mobile home lot” means a lot described by a park owner
  118  pursuant to the requirements of s. 723.012, or in a disclosure
  119  statement pursuant to s. 723.013, as a lot intended for the
  120  placement of a mobile home.
  121         (10)(4)The term “Mobile home lot rental agreement” or
  122  “rental agreement” means any mutual understanding or lease,
  123  whether oral or written, between a mobile home owner and a
  124  mobile home park owner in which the mobile home owner is
  125  entitled to place his or her mobile home on a mobile home lot
  126  for either direct or indirect remuneration of the mobile home
  127  park owner.
  128         (11)(5)The term “Mobile home owner,“mobile homeowner,”
  129  or “home owner,or “homeowner” means a person who owns a mobile
  130  home and rents or leases a lot within a mobile home park for
  131  residential use.
  132         (12)(6)The term “Mobile home park” or “park” means a use
  133  of land in which lots or spaces are offered for rent or lease
  134  for the placement of mobile homes and in which the primary use
  135  of the park is residential.
  136         (13)(7)The term “Mobile home park owner” or “park owner”
  137  means an owner or operator of a mobile home park.
  138         (14)(8)The term “Mobile home subdivision” means a
  139  subdivision of mobile homes where individual lots are owned by
  140  owners and where a portion of the subdivision or the amenities
  141  exclusively serving the subdivision are retained by the
  142  subdivision developer.
  143         (15) “Offering circular” has the same meaning as the term
  144  “prospectus” as it is used in this chapter.
  145         (16)(9)The term “Operator of a mobile home park” means
  146  either a person who establishes a mobile home park on land that
  147  which is leased from another person or a person who has been
  148  delegated the authority to act as the park owner in matters
  149  relating to the administration and management of the mobile home
  150  park, including, but not limited to, authority to make decisions
  151  relating to the mobile home park.
  152         (17)(10)The term “Pass-through charge” means the mobile
  153  home owner’s proportionate share of the necessary and actual
  154  direct costs and impact or hookup fees for a governmentally
  155  mandated capital improvement, which may include the necessary
  156  and actual direct costs and impact or hookup fees incurred for
  157  capital improvements required for public or private regulated
  158  utilities.
  159         (18)(11)The term “Proportionate share” as used in
  160  subsection (17) (10) means an amount calculated by dividing
  161  equally among the affected developed lots in the park the total
  162  costs for the necessary and actual direct costs and impact or
  163  hookup fees incurred for governmentally mandated capital
  164  improvements serving the recreational and common areas and all
  165  affected developed lots in the park.
  166         (20)(12)The term “Unreasonable” means arbitrary,
  167  capricious, or inconsistent with this chapter.
  168         (21)(13)The term “User fees” means those amounts charged
  169  in addition to the lot rental amount for nonessential optional
  170  services provided by or through the park owner to the mobile
  171  home owner under a separate written agreement between the mobile
  172  home owner and the person furnishing the optional service or
  173  services.
  174         (1)(14)The term “Discrimination” or “discriminatory” means
  175  that a homeowner is being treated differently as to the rent
  176  charged, the services rendered, or an action for possession or
  177  other civil action being taken by the park owner, without a
  178  reasonable basis for the different treatment.
  179         (19)(15)The term “Resale agreement” means a contract in
  180  which a mobile home owner authorizes the mobile home park owner,
  181  or the park owner’s designee, to act as exclusive agent for the
  182  sale of the homeowner’s mobile home for a commission or fee.
  183         Section 3. Subsections (12), (13), and (14) are added to
  184  section 723.006, Florida Statutes, to read:
  185         723.006 Powers and duties of division.—In performing its
  186  duties, the division has the following powers and duties:
  187         (12) The division shall approve training and educational
  188  programs for board members of mobile home owners’ associations
  189  formed and operated pursuant to s. 723.075(1) and mobile home
  190  owners. The training may, at the division’s discretion, include
  191  web-based electronic media and live training and seminars in
  192  various locations throughout the state.
  193         (13) The division may review and approve educational
  194  curriculums and training programs for board members and mobile
  195  home owners to be offered by providers and shall maintain a
  196  current list of approved programs and providers, and make such
  197  list available to board members in a reasonable and cost
  198  effective manner. The cost of such programs shall be borne by
  199  the providers of the programs. The division shall establish a
  200  fee structure for the approved training programs sufficient to
  201  recover any cost incurred by the division in operating this
  202  program.
  203         (14) Required education curriculum information for board
  204  member and mobile home owner training shall include:
  205         (a) The provider of the training programs, which shall
  206  include the following information regarding its training and
  207  educational programs:
  208         1. A price list, if any, for the programs and copies of all
  209  materials.
  210         2. The physical location where programs will be available,
  211  if not web-based.
  212         3. Dates when programs will be offered.
  213         4. The curriculum of the program to be offered.
  214         (b) The programs shall provide information about statutory
  215  and regulatory matters relating to the board of directors of the
  216  homeowners’ association and their responsibilities to the
  217  association and to the mobile home owners in the mobile home
  218  park.
  219         (c) Programs and materials may not contain editorial
  220  comments.
  221         (d) The division has the right to approve and require
  222  changes to such education and training programs.
  223         Section 4. Section 723.023, Florida Statutes, is amended to
  224  read:
  225         723.023 Mobile home owner’s general obligations.—A mobile
  226  home owner shall at all times:
  227         (1) Comply with all obligations imposed on mobile home
  228  owners by applicable provisions of building, housing, and health
  229  codes, including compliance with all building permits and
  230  construction requirements for construction on the mobile home
  231  and lot. The home owner is responsible for all fines imposed by
  232  the local government for noncompliance with any local code.
  233         (2) Keep the mobile home lot which he or she occupies
  234  clean, neat, and sanitary, and maintained in compliance with all
  235  local codes.
  236         (3) Comply with properly promulgated park rules and
  237  regulations and require other persons on the premises with his
  238  or her consent to comply with such rules therewith and to
  239  conduct themselves, and other persons on the premises with his
  240  or her consent, in a manner that does not unreasonably disturb
  241  other residents of the park or constitute a breach of the peace.
  242         Section 5. Paragraph (b) of subsection (5) of section
  243  723.031, Florida Statutes, is amended to read:
  244         723.031 Mobile home lot rental agreements.—
  245         (5) The rental agreement shall contain the lot rental
  246  amount and services included. An increase in lot rental amount
  247  upon expiration of the term of the lot rental agreement shall be
  248  in accordance with ss. 723.033 and 723.037 or s. 723.059(4),
  249  whichever is applicable, provided that, pursuant to s.
  250  723.059(4), the amount of the lot rental increase is disclosed
  251  and agreed to by the purchaser, in writing. An increase in lot
  252  rental amount shall not be arbitrary or discriminatory between
  253  similarly situated tenants in the park. No lot rental amount may
  254  be increased during the term of the lot rental agreement,
  255  except:
  256         (b) For pass-through charges as defined in s. 723.003
  257  723.003(10).
  258         Section 6. Subsection (1) and paragraph (a) of subsection
  259  (4) of section 723.037, Florida Statutes, are amended, and
  260  subsection (7) is added to that section, to read:
  261         723.037 Lot rental increases; reduction in services or
  262  utilities; change in rules and regulations; mediation.—
  263         (1) A park owner shall give written notice to each affected
  264  mobile home owner and the board of directors of the homeowners’
  265  association, if one has been formed, at least 90 days before
  266  prior to any increase in lot rental amount or reduction in
  267  services or utilities provided by the park owner or change in
  268  rules and regulations. The notice shall identify all other
  269  affected homeowners, which may be by lot number, name, group, or
  270  phase. If the affected homeowners are not identified by name,
  271  the park owner shall make the names and addresses available upon
  272  request. The home owner’s right to the 90-day notice may not be
  273  waived or precluded by a home owner, or the homeowners’
  274  committee, in an agreement with the park owner. Rules adopted as
  275  a result of restrictions imposed by governmental entities and
  276  required to protect the public health, safety, and welfare may
  277  be enforced prior to the expiration of the 90-day period but are
  278  not otherwise exempt from the requirements of this chapter.
  279  Pass-through charges must be separately listed as to the amount
  280  of the charge, the name of the governmental entity mandating the
  281  capital improvement, and the nature or type of the pass-through
  282  charge being levied. Notices of increase in the lot rental
  283  amount due to a pass-through charge shall state the additional
  284  payment and starting and ending dates of each pass-through
  285  charge. The homeowners’ association shall have no standing to
  286  challenge the increase in lot rental amount, reduction in
  287  services or utilities, or change of rules and regulations unless
  288  a majority of the affected homeowners agree, in writing, to such
  289  representation.
  290         (4)(a) A committee, not to exceed five in number,
  291  designated by a majority of the affected mobile home owners or
  292  by the board of directors of the homeowners’ association, if
  293  applicable, and the park owner shall meet, at a mutually
  294  convenient time and place no later than 60 days before the
  295  effective date of the change within 30 days after receipt by the
  296  homeowners of the notice of change, to discuss the reasons for
  297  the increase in lot rental amount, reduction in services or
  298  utilities, or change in rules and regulations. The negotiating
  299  committee shall make a written request for a meeting with the
  300  park owner or subdivision developer to discuss those matters
  301  addressed in the 90-day notice, and may include in the request a
  302  listing of any other issue, with supporting documentation, that
  303  the committee intends to raise and discuss at the meeting.
  304  
  305  This subsection is not intended to be enforced by civil or
  306  administrative action. Rather, the meetings and discussions are
  307  intended to be in the nature of settlement discussions prior to
  308  the parties proceeding to mediation of any dispute.
  309         (7) The term “parties,” for purposes of mediation under
  310  this section and s. 723.038, means a park owner and a
  311  homeowners’ committee selected pursuant to this section.
  312         Section 7. Subsection (5) of section 723.059, Florida
  313  Statutes, is amended to read:
  314         723.059 Rights of purchaser.—
  315         (5) Lifetime leases and the renewal provisions in
  316  automatically renewable leases, both those existing and those
  317  entered into after July 1, 1986, are not assumable shall be
  318  nonassumable unless otherwise provided in the mobile home lot
  319  rental agreement or unless the transferee is the home owner’s
  320  spouse. The right to an assumption of the lease by a spouse may
  321  be exercised only one time during the term of that lease The
  322  renewal provisions in automatically renewable leases, both those
  323  existing and those entered into after July 1, 1986, are not
  324  assumable unless otherwise provided in the lease agreement.
  325         Section 8. Subsection (1) of section 723.0611, Florida
  326  Statutes, is amended to read:
  327         723.0611 Florida Mobile Home Relocation Corporation.—
  328         (1)(a) There is created the Florida Mobile Home Relocation
  329  Corporation. The corporation shall be administered by a board of
  330  directors made up of six members, three of whom shall be
  331  appointed by the Secretary of Business and Professional
  332  Regulation from a list of nominees submitted by the largest
  333  nonprofit association representing mobile home owners in this
  334  state, and three of whom shall be appointed by the Secretary of
  335  Business and Professional Regulation from a list of nominees
  336  submitted by the largest nonprofit association representing the
  337  manufactured housing industry in this state. All members of the
  338  board of directors, including the chair, shall be appointed to
  339  serve for staggered 3-year terms.
  340         (b) A member of the board of directors shall be removed
  341  from the board by the Secretary of Business and Professional
  342  Regulation, with or without cause, immediately after the written
  343  request for removal from the association in paragraph (a) that
  344  originally nominated that board member. The nominating entity
  345  must include nominees for replacement with the request for
  346  removal and the secretary must immediately fill the vacancy
  347  created by the removal. The removal process may not occur more
  348  than once in a calendar year.
  349         Section 9. Section 723.078, Florida Statutes, is amended to
  350  read:
  351         723.078 Bylaws of homeowners’ associations.—In order for a
  352  homeowners’ association to exercise the rights provided in s.
  353  723.071, the bylaws of the association shall provide for the
  354  following:
  355         (1) The directors of the association and the operation
  356  shall be governed by the bylaws.
  357         (2) The bylaws shall provide and, if they do not, shall be
  358  deemed to include, the following provisions:
  359         (a) Administration.The form of administration of the
  360  association shall be described, providing for the titles of the
  361  officers and for a board of directors and specifying the powers,
  362  duties, manner of selection and removal, and compensation, if
  363  any, of officers and board members. Unless otherwise provided in
  364  the bylaws, the board of directors shall be composed of five
  365  members. The board of directors shall elect have a president,
  366  secretary, and treasurer who shall perform the duties of those
  367  offices customarily performed by officers of corporations, and
  368  these officers shall serve without compensation and at the
  369  pleasure of the board of directors. The board of directors may
  370  elect appoint and designate other officers and grant them those
  371  duties it deems appropriate.
  372         (b) Quorum; voting requirements; proxies.
  373         1. Unless otherwise provided in the bylaws, 30 percent of
  374  the total membership is required to constitute a quorum A
  375  majority of the members shall constitute a quorum. Decisions
  376  shall be made by a majority of members represented at a meeting
  377  at which a quorum is present. In addition, provision shall be
  378  made in the bylaws for definition and use of proxy. Any proxy
  379  given shall be effective only for the specific meeting for which
  380  originally given and any lawfully adjourned meetings thereof. In
  381  no event shall any proxy be valid for a period longer than 120
  382  days after the date of the first meeting for which it was given.
  383  Every proxy shall be revocable at any time at the pleasure of
  384  the member executing it.
  385         2. A member may not vote by general proxy but may vote by
  386  limited proxies substantially conforming to a limited proxy form
  387  adopted by the division. Limited proxies and general proxies may
  388  be used to establish a quorum. Limited proxies may be used for
  389  votes taken to amend the articles of incorporation or bylaws
  390  pursuant to this section, and any other matters for which this
  391  chapter requires or permits a vote of members, except that no
  392  proxy, limited or general, may be used in the election of board
  393  members. Notwithstanding the provisions of this section, members
  394  may vote in person at member meetings.
  395         3. A proxy is effective only for the specific meeting for
  396  which originally given and any lawfully adjourned meetings
  397  thereof. In no event shall any proxy be valid for a period
  398  longer than 90 days after the date of the first meeting for
  399  which it was given. Every proxy shall be revocable at any time
  400  at the pleasure of the member executing it.
  401         4. A member of the board of directors or a committee may
  402  submit in writing his or her agreement or disagreement with any
  403  action taken at a meeting that the member did not attend. This
  404  agreement or disagreement may not be used as a vote for or
  405  against the action taken and may not be used for the purposes of
  406  creating a quorum.
  407         (c) Board of directors and committee meetings.
  408         1. Meetings of the board of directors and meetings of its
  409  committees at which a quorum is present shall be open to all
  410  members. Notwithstanding any other provision of law, the
  411  requirement that board meetings and committee meetings be open
  412  to the members does not apply to board or committee meetings
  413  held for the purpose of discussing personnel matters or meetings
  414  between the board or a committee and the association’s attorney,
  415  with respect to potential or pending litigation, where the
  416  meeting is held for the purpose of seeking or rendering legal
  417  advice, and where the contents of the discussion would otherwise
  418  be governed by the attorney-client privilege., and Notice of
  419  meetings shall be posted in a conspicuous place upon the park
  420  property at least 48 hours in advance, except in an emergency.
  421  Notice of any meeting in which assessments against members are
  422  to be considered for any reason shall specifically contain a
  423  statement that assessments will be considered and the nature of
  424  such assessments.
  425         2. A board or committee member’s participation in a meeting
  426  via telephone, real-time videoconferencing, or similar real-time
  427  telephonic, electronic, or video communication counts toward a
  428  quorum, and such member may vote as if physically present. A
  429  speaker shall be used so that the conversation of those board or
  430  committee members attending by telephone may be heard by the
  431  board or committee members attending in person, as well as by
  432  members present at a meeting.
  433         3. Members of the board of directors may use e-mail as a
  434  means of communication but may not cast a vote on an association
  435  matter via e-mail.
  436         4. The right to attend meetings of the board of directors
  437  and its committees includes the right to speak at such meetings
  438  with reference to all designated agenda items. The association
  439  may adopt reasonable written rules governing the frequency,
  440  duration, and manner of members’ statements. Any item not
  441  included on the notice may be taken up on an emergency basis by
  442  at least a majority plus one of the members of the board. Such
  443  emergency action shall be noticed and ratified at the next
  444  regular meeting of the board. Any member may tape record or
  445  videotape meetings of the board of directors and its committees.
  446  The division shall adopt reasonable rules governing the tape
  447  recording and videotaping of the meeting.
  448         5. Except as provided in paragraph (i), a vacancy occurring
  449  on the board of directors may be filled by the affirmative vote
  450  of the majority of the remaining directors, even though the
  451  remaining directors constitute less than a quorum; by the sole
  452  remaining director; if the vacancy is not so filled or if no
  453  director remains, by the members; or, on the application of any
  454  person, by the circuit court of the county in which the
  455  registered office of the corporation is located.
  456         6. The term of a director elected or appointed to fill a
  457  vacancy expires at the next annual meeting at which directors
  458  are elected. A directorship to be filled by reason of an
  459  increase in the number of directors may be filled by the board
  460  of directors, but only for the term of office continuing until
  461  the next election of directors by the members.
  462         7. A vacancy that will occur at a specific later date, by
  463  reason of a resignation effective at a later date, may be filled
  464  before the vacancy occurs. However, the new director may not
  465  take office until the vacancy occurs.
  466         8.a. The officers and directors of the association have a
  467  fiduciary relationship to the members.
  468         b. A director and committee member shall discharge his or
  469  her duties in good faith, with the care an ordinarily prudent
  470  person in a like position would exercise under similar
  471  circumstances, and in a manner he or she reasonably believes to
  472  be in the best interests of the corporation.
  473         9. In discharging his or her duties, a director may rely on
  474  information, opinions, reports, or statements, including
  475  financial statements and other financial data, if prepared or
  476  presented by:
  477         a. One or more officers or employees of the corporation who
  478  the director reasonably believes to be reliable and competent in
  479  the matters presented;
  480         b. Legal counsel, public accountants, or other persons as
  481  to matters the director reasonably believes are within the
  482  persons’ professional or expert competence; or
  483         c. A committee of the board of directors of which he or she
  484  is not a member if the director reasonably believes the
  485  committee merits confidence.
  486         10. A director is not acting in good faith if he or she has
  487  knowledge concerning the matter in question that makes reliance
  488  otherwise permitted by subparagraph 9. unwarranted.
  489         11.A director is not liable for any action taken as a
  490  director, or any failure to take any action, if he or she
  491  performed the duties of his or her office in compliance with
  492  this section.
  493         (d) Member meetings.Members shall meet at least once each
  494  calendar year, and the meeting shall be the annual meeting. All
  495  members of the board of directors shall be elected at the annual
  496  meeting unless the bylaws provide for staggered election terms
  497  or for their election at another meeting. The bylaws shall not
  498  restrict any member desiring to be a candidate for board
  499  membership from being nominated from the floor. All nominations
  500  from the floor must be made at a duly noticed meeting of the
  501  members held at least 30 days before the annual meeting. The
  502  bylaws shall provide the method for calling the meetings of the
  503  members, including annual meetings. The method shall provide at
  504  least 14 days’ written notice to each member in advance of the
  505  meeting and require the posting in a conspicuous place on the
  506  park property of a notice of the meeting at least 14 days prior
  507  to the meeting. The right to receive written notice of
  508  membership meetings may be waived in writing by a member. Unless
  509  waived, the notice of the annual meeting shall be mailed, hand
  510  delivered, or electronically transmitted sent by mail to each
  511  member, and shall constitute the mailing constitutes notice. An
  512  officer of the association shall provide an affidavit affirming
  513  that the notices were mailed or hand delivered in accordance
  514  with the provisions of this section to each member at the
  515  address last furnished to the corporation. These meeting
  516  requirements do not prevent members from waiving notice of
  517  meetings or from acting by written agreement without meetings,
  518  if allowed by the bylaws.
  519         (e) Minutes of meetings.
  520         1. Minutes of all meetings of members of an association,
  521  the board of directors, and a committee must be maintained in
  522  written form and approved by the members, board, or committee,
  523  as applicable. A vote or abstention from voting on each matter
  524  voted upon for each director present at a board meeting must be
  525  recorded in the minutes.
  526         2. All approved minutes of all meetings of members,
  527  committees, and of the board of directors shall be kept in a
  528  businesslike manner and shall be available for inspection by
  529  members, or their authorized representatives, and board members
  530  at reasonable times. The association shall retain these minutes
  531  for a period of at least not less than 7 years.
  532         (f) Manner of sharing assessments.The share or percentage
  533  of, and manner of sharing, assessments and expenses for each
  534  member shall be stated.
  535         (g) Annual budget.If the bylaws provide for adoption of an
  536  annual budget by the members, the board of directors shall mail
  537  a meeting notice and copies of the proposed annual budget of
  538  expenses to the members at least not less than 30 days before
  539  prior to the meeting at which the budget will be considered. If
  540  the bylaws provide that the budget may be adopted by the board
  541  of directors, the members shall be given written notice of the
  542  time and place at which the meeting of the board of directors to
  543  consider the budget will be held. The meeting shall be open to
  544  the members. If the bylaws do not provide for adoption of an
  545  annual budget, this paragraph shall not apply.
  546         (h) Amendment of articles of incorporation and bylaws.
  547         1. The method by which the articles of incorporation and
  548  bylaws may be amended consistent with the provisions of this
  549  chapter shall be stated. If the bylaws fail to provide a method
  550  of amendment, the bylaws may be amended by the board of
  551  directors and approved by a majority of members at a meeting at
  552  which a quorum is present of the membership. No bylaw shall be
  553  revised or amended by reference to its title or number only.
  554         2. Notwithstanding any other provision of this section, if
  555  an amendment to the articles of incorporation or the bylaws is
  556  required by any action of any federal, state, or local
  557  governmental authority or agency, or any law, ordinance, or rule
  558  thereof, the board of directors may, by a majority vote of the
  559  board, at a duly noticed meeting of the board, amend the
  560  articles of incorporation or bylaws without a vote of the
  561  membership.
  562         (i) The officers and directors of the association have a
  563  fiduciary relationship to the members.
  564         (j)Recall of board members.Any member of the board of
  565  directors may be recalled and removed from office with or
  566  without cause by the vote of or agreement in writing by a
  567  majority of all members. A special meeting of the members to
  568  recall a member or members of the board of directors may be
  569  called by 10 percent of the members giving notice of the meeting
  570  as required for a meeting of members, and the notice shall state
  571  the purpose of the meeting. Electronic transmission may not be
  572  used as a method of giving notice of a meeting called in whole
  573  or in part for this purpose.
  574         1. If the recall is approved by a majority of all members
  575  by a vote at a meeting, the recall is effective as provided in
  576  this paragraph. The board shall duly notice and hold a board
  577  meeting within 5 full business days after the adjournment of the
  578  member meeting to recall one or more board members. At the
  579  meeting, the board shall either certify the recall, in which
  580  case such member or members shall be recalled effective
  581  immediately and shall turn over to the board within 5 full
  582  business days any and all records and property of the
  583  association in their possession, or shall proceed under
  584  subparagraph 3.
  585         2. If the proposed recall is by an agreement in writing by
  586  a majority of all members, the agreement in writing or a copy
  587  thereof shall be served on the association by certified mail or
  588  by personal service in the manner authorized by chapter 48 and
  589  the Florida Rules of Civil Procedure. The board of directors
  590  shall duly notice and hold a meeting of the board within 5 full
  591  business days after receipt of the agreement in writing. At the
  592  meeting, the board shall either certify the written agreement to
  593  recall members of the board, in which case such members shall be
  594  recalled effective immediately and shall turn over to the board,
  595  within 5 full business days, any and all records and property of
  596  the association in their possession, or shall proceed as
  597  described in subparagraph 3.
  598         3. If the board determines not to certify the written
  599  agreement to recall members of the board, or does not certify
  600  the recall by a vote at a meeting, the board shall, within 5
  601  full business days after the board meeting, file with the
  602  division a petition for binding arbitration pursuant to the
  603  procedures of s. 723.1255. For purposes of this paragraph, the
  604  members who voted at the meeting or who executed the agreement
  605  in writing shall constitute one party under the petition for
  606  arbitration. If the arbitrator certifies the recall of a member
  607  of the board, the recall shall be effective upon mailing of the
  608  final order of arbitration to the association. If the
  609  association fails to comply with the order of the arbitrator,
  610  the division may take action under s. 723.006. A member so
  611  recalled shall deliver to the board any and all records and
  612  property of the association in the member’s possession within 5
  613  full business days after the effective date of the recall.
  614         4. If the board fails to duly notice and hold a board
  615  meeting within 5 full business days after service of an
  616  agreement in writing or within 5 full business days after the
  617  adjournment of the members’ recall meeting, the recall shall be
  618  deemed effective and the board members so recalled shall
  619  immediately turn over to the board all records and property of
  620  the association.
  621         5. If the board fails to duly notice and hold the required
  622  meeting or fails to file the required petition, the member’s
  623  representative may file a petition pursuant to s. 723.1255
  624  challenging the board’s failure to act. The petition must be
  625  filed within 60 days after expiration of the applicable 5-full
  626  business-day period. The review of a petition under this
  627  subparagraph is limited to the sufficiency of service on the
  628  board and the facial validity of the written agreement or
  629  ballots filed.
  630         6. If a vacancy occurs on the board as a result of a recall
  631  and less than a majority of the board members are removed, the
  632  vacancy may be filled by the affirmative vote of a majority of
  633  the remaining directors, notwithstanding any other provision of
  634  this chapter. If vacancies occur on the board as a result of a
  635  recall and a majority or more of the board members are removed,
  636  the vacancies shall be filled in accordance with procedural
  637  rules to be adopted by the division, which rules need not be
  638  consistent with this chapter. The rules must provide procedures
  639  governing the conduct of the recall election as well as the
  640  operation of the association during the period after a recall
  641  but before the recall election.
  642         7. A board member who has been recalled may file a petition
  643  pursuant to s. 723.1255 challenging the validity of the recall.
  644  The petition must be filed within 60 days after the recall is
  645  deemed certified. The association and the member’s
  646  representative shall be named as the respondents.
  647         8. The division may not accept for filing a recall
  648  petition, whether or not filed pursuant to this subsection, and
  649  regardless of whether the recall was certified, when there are
  650  60 or fewer days until the scheduled reelection of the board
  651  member sought to be recalled or when 60 or fewer days have not
  652  elapsed since the election of the board member sought to be
  653  recalled.
  654         (3) The bylaws may provide the following:
  655         (a) A method of adopting and of amending administrative
  656  rules and regulations governing the details of the operation and
  657  use of the park property.
  658         (b) Restrictions on, and requirements respecting, the use
  659  and maintenance of mobile homes located within the park, and the
  660  use of the park property, which restrictions and requirements
  661  are not inconsistent with the articles of incorporation.
  662         (c) Other provisions not inconsistent with this chapter or
  663  with other documents governing the park property or mobile homes
  664  located therein.
  665         (d) The board of directors may, in any event, propose a
  666  budget to the members at a meeting of members or in writing,
  667  and, if the budget or proposed budget is approved by the members
  668  at the meeting or by a majority of their whole number in
  669  writing, that budget shall be adopted.
  670         (e) The manner of collecting from the members their shares
  671  of the expenses for maintenance of the park property shall be
  672  stated. Assessments shall be made against members not less
  673  frequently than quarterly, in amounts no less than are required
  674  to provide funds in advance for payments of all of the
  675  anticipated current operating expenses and for all of the unpaid
  676  operating expense previously incurred.
  677         (4) No amendment may change the proportion or percentage by
  678  which members share in the assessments and expenses as initially
  679  established unless all the members affected by such change
  680  approve the amendment.
  681         (5) Upon purchase of the mobile home park, the association
  682  organized under this chapter may convert to a condominium,
  683  cooperative, or subdivision. The directors shall have the
  684  authority to amend and restate the articles of incorporation and
  685  bylaws in order to comply with the requirements of chapter 718,
  686  chapter 719, or other applicable sections of the Florida
  687  Statutes.
  688         (6) Notwithstanding the provisions of s. 723.075(1), upon
  689  purchase of the park by the association, and conversion of the
  690  association to a condominium, cooperative, or subdivision, the
  691  mobile home owners who were members of the association prior to
  692  the conversion and who no longer meet the requirements for
  693  membership, as established by the amended or restated articles
  694  of incorporation and bylaws, shall no longer be members of the
  695  converted association. Mobile home owners, as defined in this
  696  chapter, who no longer are eligible for membership in the
  697  converted association may form an association pursuant to s.
  698  723.075.
  699         Section 10. Section 723.1255, Florida Statutes, is created
  700  to read:
  701         723.1255 Alternative resolution of recall disputes.—The
  702  Division of Florida Condominiums, Timeshares, and Mobile Homes
  703  of the Department of Business and Professional Regulation shall
  704  adopt rules of procedure to govern binding recall arbitration
  705  proceedings.
  706         Section 11. Section 723.0781, Florida Statutes, is created
  707  to read:
  708         723.0781 Board member training programs.—Within 90 days
  709  after being elected or appointed to the board, a newly elected
  710  or appointed director shall certify by an affidavit in writing
  711  to the secretary of the association that he or she has read the
  712  association’s current articles of incorporation, bylaws, and the
  713  mobile home park’s prospectus, rental agreement, rules,
  714  regulations, and written policies; that he or she will work to
  715  uphold such documents and policies to the best of his or her
  716  ability; and that he or she will faithfully discharge his or her
  717  fiduciary responsibility to the association’s members. In lieu
  718  of this written certification, within 90 days after being
  719  elected or appointed to the board, the newly elected or
  720  appointed director may submit a certificate of having
  721  satisfactorily completed the educational curriculum approved by
  722  the division within 1 year before or 90 days after the date of
  723  election or appointment. The educational certificate is valid
  724  and does not have to be resubmitted as long as the director
  725  serves on the board without interruption. A director who fails
  726  to timely file the written certification or educational
  727  certificate is suspended from service on the board until he or
  728  she complies with this section. The board may temporarily fill
  729  the vacancy during the period of suspension. The secretary of
  730  the association shall retain a director’s written certification
  731  or educational certificate for inspection by the members for 5
  732  years after the director’s election or the duration of the
  733  director’s uninterrupted tenure, whichever is longer. Failure to
  734  have such written certification or educational certificate on
  735  file does not affect the validity of any board action.
  736         Section 12. Section 723.079, Florida Statutes, is amended
  737  to read:
  738         723.079 Powers and duties of homeowners’ association.—
  739         (1) An association may contract, sue, or be sued with
  740  respect to the exercise or nonexercise of its powers. For these
  741  purposes, the powers of the association include, but are not
  742  limited to, the maintenance, management, and operation of the
  743  park property.
  744         (2) The powers and duties of an association include those
  745  set forth in this section and ss. 723.075 and 723.077 and those
  746  set forth in the articles of incorporation and bylaws and any
  747  recorded declarations or restrictions encumbering the park
  748  property, if not inconsistent with this chapter.
  749         (3) An association has the power to make, levy, and collect
  750  assessments and to lease, maintain, repair, and replace the
  751  common areas upon purchase of the mobile home park.
  752         (4) The association shall maintain the following items,
  753  when applicable, which constitute the official records of the
  754  association:
  755         (a) A copy of the association’s articles of incorporation
  756  and each amendment to the articles of incorporation.
  757         (b) A copy of the bylaws of the association and each
  758  amendment to the bylaws.
  759         (c) A copy of the written rules or policies of the
  760  association and each amendment to the written rules or policies.
  761         (d) The approved minutes of all meetings of the members,
  762  the board of directors, and committees of the board, which
  763  minutes must be retained within the state for at least 7 years.
  764         (e) A current roster of all members and their mailing
  765  addresses and lot identifications. The association shall also
  766  maintain the e-mail addresses and the numbers designated by
  767  members for receiving notice sent by electronic transmission of
  768  those members consenting to receive notice by electronic
  769  transmission. The e-mail addresses and numbers provided by
  770  members to receive notice by electronic transmission shall be
  771  removed from association records when consent to receive notice
  772  by electronic transmission is revoked. However, the association
  773  is not liable for an erroneous disclosure of the e-mail address
  774  or the number for receiving electronic transmission of notices.
  775         (f) All of the association’s insurance policies or copies
  776  thereof, which must be retained for at least 7 years.
  777         (g) A copy of all contracts or agreements to which the
  778  association is a party, including, without limitation, any
  779  written agreements with the park owner, lease, or other
  780  agreements or contracts under which the association or its
  781  members have any obligation or responsibility, which must be
  782  retained for at least 7 years.
  783         (h) The financial and accounting records of the
  784  association, kept according to good accounting practices. All
  785  financial and accounting records must be maintained for a period
  786  of at least 7 years. The financial and accounting records must
  787  include:
  788         1. Accurate, itemized, and detailed records of all receipts
  789  and expenditures.
  790         2. A current account and a periodic statement of the
  791  account for each member, designating the name and current
  792  address of each member who is obligated to pay dues or
  793  assessments, the due date and amount of each assessment or other
  794  charge against the member, the date and amount of each payment
  795  on the account, and the balance due.
  796         3. All tax returns, financial statements, and financial
  797  reports of the association.
  798         4. Any other records that identify, measure, record, or
  799  communicate financial information.
  800         (i) All other written records of the association not
  801  specifically included in the foregoing which are related to the
  802  operation of the association.
  803         (5) The official records shall be maintained within the
  804  state for at least 7 years and shall be made available to a
  805  member for inspection or photocopying within 10 business days
  806  after receipt by the board or its designee of a written request
  807  submitted by certified mail, return receipt requested. The
  808  requirements of this subsection are satisfied by having a copy
  809  of the official records available for inspection or copying at
  810  the park or, at the option of the association, by making the
  811  records available to a member electronically via the Internet or
  812  by allowing the records to be viewed in electronic format on a
  813  computer screen and printed upon request. If the association has
  814  a photocopy machine available where the records are maintained,
  815  it must provide a member with copies on request during the
  816  inspection if the entire request is no more than 25 pages. An
  817  association shall allow a member or his or her authorized
  818  representative to use a portable device, including a smartphone,
  819  tablet, portable scanner, or any other technology capable of
  820  scanning or taking photographs, to make an electronic copy of
  821  the official records in lieu of the association’s providing the
  822  member or his or her authorized representative with a copy of
  823  such records. The association may not charge a fee to a member
  824  or his or her authorized representative for the use of a
  825  portable device.
  826         (a) The failure of an association to provide access to the
  827  records within 10 business days after receipt of a written
  828  request submitted by certified mail, return receipt requested,
  829  creates a rebuttable presumption that the association willfully
  830  failed to comply with this subsection.
  831         (b)A member who is denied access to official records is
  832  entitled to the actual damages or minimum damages for the
  833  association’s willful failure to comply with this subsection.
  834  The minimum damages are to be $10 per calendar day up to 10
  835  days, the calculation to begin on the 11th business day after
  836  receipt of the written request, submitted by certified mail,
  837  return receipt requested.
  838         (c) The association may adopt reasonable written rules
  839  governing the frequency, time, location, notice, records to be
  840  inspected, and manner of inspections, but may not require a
  841  member to demonstrate a proper purpose for the inspection, state
  842  a reason for the inspection, or limit a member’s right to
  843  inspect records to less than 1 business day per month. The
  844  association may impose fees to cover the costs of providing
  845  copies of the official records, including the costs of copying
  846  and for personnel to retrieve and copy the records if the time
  847  spent retrieving and copying the records exceeds 30 minutes and
  848  if the personnel costs do not exceed $20 per hour. Personnel
  849  costs may not be charged for records requests that result in the
  850  copying of 25 or fewer pages. The association may charge up to
  851  25 cents per page for copies made on the association’s
  852  photocopier. If the association does not have a photocopy
  853  machine available where the records are kept, or if the records
  854  requested to be copied exceed 25 pages in length, the
  855  association may have copies made by an outside duplicating
  856  service and may charge the actual cost of copying, as supported
  857  by the vendor invoice. The association shall maintain an
  858  adequate number of copies of the recorded governing documents,
  859  to ensure their availability to members and prospective members.
  860  Notwithstanding this paragraph, the following records are not
  861  accessible to members or home owners:
  862         1. A record protected by the lawyer-client privilege as
  863  described in s. 90.502 and a record protected by the work
  864  product privilege, including, but not limited to, a record
  865  prepared by an association attorney or prepared at the
  866  attorney’s express direction which reflects a mental impression,
  867  conclusion, litigation strategy, or legal theory of the attorney
  868  or the association and which was prepared exclusively for civil
  869  or criminal litigation, for adversarial administrative
  870  proceedings, or in anticipation of such litigation or
  871  proceedings until the conclusion of the litigation or
  872  proceedings.
  873         2. E-mail addresses, telephone numbers, facsimile numbers,
  874  emergency contact information, any addresses for a home owner
  875  other than as provided for association notice requirements, and
  876  other personal identifying information of any person, excluding
  877  the person’s name, lot designation, mailing address, and
  878  property address. Notwithstanding the restrictions in this
  879  subparagraph, an association may print and distribute to home
  880  owners a directory containing the name, park address, and
  881  telephone number of each home owner. However, a home owner may
  882  exclude his or her telephone number from the directory by so
  883  requesting in writing to the association. The association is not
  884  liable for the disclosure of information that is protected under
  885  this subparagraph if the information is included in an official
  886  record of the association and is voluntarily provided by a home
  887  owner and not requested by the association.
  888         3. An electronic security measure that is used by the
  889  association to safeguard data, including passwords.
  890         4. The software and operating system used by the
  891  association which allows the manipulation of data, even if the
  892  home owner owns a copy of the same software used by the
  893  association. The data is part of the official records of the
  894  association.
  895         (6) An outgoing board or committee member must relinquish
  896  all official records and property of the association in his or
  897  her possession or under his or her control to the incoming board
  898  within 5 days after the election or removal An association shall
  899  maintain accounting records in the county where the property is
  900  located, according to good accounting practices. The records
  901  shall be open to inspection by association members or their
  902  authorized representatives at reasonable times, and written
  903  summaries of such records shall be supplied at least annually to
  904  such members or their authorized representatives. The failure of
  905  the association to permit inspection of its accounting records
  906  by members or their authorized representatives entitles any
  907  person prevailing in an enforcement action to recover reasonable
  908  attorney’s fees from the person in control of the books and
  909  records who, directly or indirectly, knowingly denied access to
  910  the books and records for inspection. The records shall include,
  911  but shall not be limited to:
  912         (a) A record of all receipts and expenditures.
  913         (b) An account for each member, designating the name and
  914  current mailing address of the member, the amount of each
  915  assessment, the dates on which and amounts in which the
  916  assessments come due, the amount paid upon the account, and the
  917  balance due.
  918         (7)(5) An association has the power to purchase lots in the
  919  park and to acquire, hold, lease, mortgage, and convey them.
  920         (8)(6) An association shall use its best efforts to obtain
  921  and maintain adequate insurance to protect the association and
  922  the park property upon purchase of the mobile home park. A copy
  923  of each policy of insurance in effect shall be made available
  924  for inspection by owners at reasonable times.
  925         (9)(7) An association has the authority, without the
  926  joinder of any home owner, to modify, move, or create any
  927  easement for ingress and egress or for the purpose of utilities
  928  if the easement constitutes part of or crosses the park property
  929  upon purchase of the mobile home park. This subsection does not
  930  authorize the association to modify or move any easement created
  931  in whole or in part for the use or benefit of anyone other than
  932  the members, or crossing the property of anyone other than the
  933  members, without his or her consent or approval as required by
  934  law or the instrument creating the easement. Nothing in this
  935  subsection affects the rights of ingress or egress of any member
  936  of the association.
  937         (10)(8) Any mobile home owners’ association or group of
  938  residents of a mobile home park as defined in this chapter may
  939  conduct bingo games as provided in s. 849.0931.
  940         (11)(9) An association organized under this chapter may
  941  offer subscriptions, for the purpose of raising the necessary
  942  funds to purchase, acquire, and operate the mobile home park, to
  943  its members or other owners of mobile homes within the park.
  944  Subscription funds collected for the purpose of purchasing the
  945  park shall be placed in an association or other escrow account
  946  prior to purchase, which funds shall be held according to the
  947  terms of the subscription agreement. The directors shall
  948  maintain accounting records according to generally accepted
  949  accounting practices and shall, upon written request by a
  950  subscriber, furnish an accounting of the subscription fund
  951  escrow account within 60 days of the purchase of the park or the
  952  ending date as provided in the subscription agreement, whichever
  953  occurs first.
  954         (12)(10) For a period of 180 days after the date of a
  955  purchase of a mobile home park by the association, the
  956  association shall not be required to comply with the provisions
  957  of part V of chapter 718, or part V of chapter 719, or part II
  958  of chapter 720, as to mobile home owners or persons who have
  959  executed contracts to purchase mobile homes in the park.
  960         (13)(11) The provisions of subsections subsection (4) and
  961  (7) shall not apply to records relating to subscription funds
  962  collected pursuant to subsection (11) (9).
  963         Section 13. This act shall take effect July 1, 2015.

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