Bill Text: FL S1262 | 2019 | Regular Session | Introduced


Bill Title: Mobile Home Park Lot Tenancies

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Community Affairs [S1262 Detail]

Download: Florida-2019-S1262-Introduced.html
       Florida Senate - 2019                                    SB 1262
       
       
        
       By Senator Hooper
       
       
       
       
       
       16-00572-19                                           20191262__
    1                        A bill to be entitled                      
    2         An act relating to mobile home park lot tenancies;
    3         amending s. 723.011, F.S.; providing that certain
    4         deficiencies are limited to direct violations of a
    5         specified chapter; authorizing a park owner to request
    6         a certain receipt; amending s. 723.012, F.S.;
    7         requiring the disclosure of certain factors that
    8         affect the lot rental amount, if applicable; amending
    9         s. 723.035, F.S.; authorizing a park owner to enter a
   10         homeowner’s lot to correct specified violations under
   11         certain conditions; prohibiting the date by which
   12         specified violations must be corrected from being
   13         extended; authorizing a park owner to charge a
   14         homeowner a certain fee; providing construction;
   15         amending s. 723.061, F.S.; requiring a park owner to
   16         provide a copy of an eviction notice to the Division
   17         of Florida Condominiums, Timeshares, and Mobile Homes
   18         within a specified time; requiring the division to
   19         provide a copy of the notice to the Executive Director
   20         of the Florida Mobile Home Relocation Corporation;
   21         requiring the notice to be sent by United States mail;
   22         amending s. 723.076, F.S.; requiring a homeowners’
   23         association to notify a park owner upon election or
   24         appointment of new officers or members; amending s.
   25         723.078, F.S.; providing election and ballot
   26         requirements; requiring the division to adopt rules
   27         relating to elections; providing that certain meetings
   28         are closed to members; requiring certain board of
   29         director nominations to be made at least 27 days
   30         before an annual meeting; authorizing electronic
   31         transmission of certain notices; providing that
   32         certain documents are privileged and confidential;
   33         requiring the association to retain meeting minutes
   34         within the state for at least 5 years; amending s.
   35         723.079, F.S.; requiring the association to retain
   36         certain documents within the state for at least 5
   37         years; requiring the board to make official records
   38         available to members for inspection or photocopying
   39         within 20 business days after receipt of a written
   40         request; revising provisions relating to statutory
   41         damages for members who are denied access to official
   42         records; requiring mandatory binding arbitration in
   43         certain disputes; amending s. 723.1255, F.S.;
   44         requiring mandatory binding arbitration in certain
   45         disputes; providing for the award of attorney fees and
   46         costs; requiring the division to adopt rules relating
   47         to mandatory binding arbitration; providing an
   48         effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Section 723.011, Florida Statutes, is amended to
   53  read:
   54         723.011 Disclosure before prior to rental of a mobile home
   55  lot; prospectus, offering circular, filing, approval.—
   56         (1)(a) In a mobile home park containing 26 or more lots,
   57  the park owner shall file a prospectus with the division. Prior
   58  to entering into an enforceable rental agreement for a mobile
   59  home lot, the park owner shall deliver to the homeowner a
   60  prospectus approved by the division. This subsection does not
   61  invalidate those lot rental agreements for which an approved
   62  prospectus was required to be delivered and which was delivered
   63  on or before July 1, 1986, if the mobile home park owner had:
   64         1. Filed a prospectus with the division prior to entering
   65  into the lot rental agreement;
   66         2. Made a good faith effort to correct deficiencies cited
   67  by the division by responding within the time limit set by the
   68  division, if one was set; and
   69         3. Delivered the approved prospectus to the mobile home
   70  owner within 45 days of approval by the division.
   71  
   72  This paragraph does not preclude the finding that a lot rental
   73  agreement is invalid on other grounds and does not limit any
   74  rights of a mobile home owner or preclude a mobile home owner
   75  from seeking any remedies allowed by this chapter, including a
   76  determination that the lot rental agreement or any part thereof
   77  is unreasonable.
   78         (b) The division shall determine whether the proposed
   79  prospectus or offering circular is adequate to meet the
   80  requirements of this chapter and shall notify the park owner by
   81  mail, within 45 days after receipt of the document, that the
   82  division has found that the prospectus or offering circular is
   83  adequate or has found specified deficiencies. Specified
   84  deficiencies are limited to those items that are a direct
   85  violation of this chapter. If the division does not make either
   86  finding within 45 days, the prospectus or offering circular is
   87  considered to be shall be deemed to have been found adequate.
   88         (c)1. Filings for mobile home parks in which lots have not
   89  been offered for lease prior to June 4, 1984, shall be
   90  accompanied by a filing fee of $10 per lot offered for lease by
   91  the park owner; however, the fee shall not be less than $100.
   92         2. Filings for mobile home parks in which lots have been
   93  offered for lease prior to the effective date of this chapter
   94  shall be accompanied by a filing fee as follows:
   95         a. For a park in which there are 26-50 lots: $100.
   96         b. For a park in which there are 51-100 lots: $150.
   97         c. For a park in which there are 101-150 lots: $200.
   98         d. For a park in which there are 151-200 lots: $250.
   99         e. For a park in which there are 201 or more lots: $300.
  100         (d) The division shall maintain copies of each prospectus
  101  and all amendments to each prospectus which are considered
  102  adequate by the division. The division shall provide copies of
  103  documents requested in writing under this subsection within 10
  104  days after the written request is received.
  105         (2) The park owner shall furnish a copy of the prospectus
  106  or offering circular together with all of the exhibits thereto
  107  to each prospective lessee. Delivery shall be made prior to
  108  execution of the lot rental agreement or at the time of
  109  occupancy, whichever occurs first. Upon delivery of a prospectus
  110  to a prospective lessee, the lot rental agreement is voidable by
  111  the lessee for a period of 15 days. However, the park owner is
  112  not required to furnish a copy of the prospectus or offering
  113  circular if the tenancy is a renewal of a tenancy and the mobile
  114  home owner has previously received the prospectus or offering
  115  circular.
  116         (3) The prospectus or offering circular together with its
  117  exhibits is a disclosure document intended to afford protection
  118  to homeowners and prospective homeowners in the mobile home
  119  park. The purpose of the document is to disclose the
  120  representations of the mobile home park owner concerning the
  121  operations of the mobile home park.
  122         (4) With regard to a tenancy in existence on the effective
  123  date of this chapter, the prospectus or offering circular
  124  offered by the mobile home park owner shall contain the same
  125  terms and conditions as rental agreements offered to all other
  126  mobile home owners residing in the park on the effective date of
  127  this act, excepting only rent variations based upon lot location
  128  and size, and shall not require any mobile home owner to install
  129  any permanent improvements.
  130         (5) The mobile home park owner may request that the
  131  homeowner sign a receipt indicating that the homeowner has
  132  received a copy of the prospectus, the rules and regulations,
  133  the rental agreement, and other pertinent documents so long as
  134  any such documents are clearly identified in the receipt itself.
  135  Such a receipt shall indicate nothing more than that the
  136  documents identified herein have been received by the mobile
  137  home owner. The receipt, if requested, shall be signed at the
  138  time of delivery of the identified documents. If the homeowner
  139  refuses to sign the receipt, the park owner shall still deliver
  140  to the homeowner a copy of the prospectus, rules and
  141  regulations, rental agreement, and other pertinent documents any
  142  other documents which otherwise would have been delivered upon
  143  execution of the receipt. However, the homeowner shall
  144  thereafter be barred from claiming that the park owner has
  145  failed to deliver such documents. The refusal of the homeowner
  146  to sign the receipt shall under no circumstances constitute a
  147  ground for eviction of the homeowner or of a mobile home or for
  148  the imposition of any other penalty.
  149         Section 2. Paragraph (b) of subsection (9) of section
  150  723.012, Florida Statutes, is amended to read:
  151         723.012 Prospectus or offering circular.—The prospectus or
  152  offering circular, which is required to be provided by s.
  153  723.011, must contain the following information:
  154         (9) An explanation of the manner in which the lot rental
  155  amount will be raised, including, but not limited to:
  156         (b) Disclosure of any factors which may affect the lot
  157  rental amount, if applicable, including, but not limited to:
  158         1. Water rates.
  159         2. Sewer rates.
  160         3. Waste disposal rates.
  161         4. Maintenance costs, including costs of deferred
  162  maintenance.
  163         5. Management costs.
  164         6. Property taxes.
  165         7. Major repairs or improvements.
  166         8. Any other fees, costs, entrance fees, or charges to
  167  which the mobile home owner may be subjected.
  168         Section 3. Subsection (2) of section 723.035, Florida
  169  Statutes, is amended, and subsection (3) is added to that
  170  section, to read:
  171         723.035 Rules and regulations.—
  172         (2) A No rule or regulation may not shall provide for
  173  payment of any fee, fine, assessment, or charge, except as
  174  otherwise provided in the prospectus or offering circular filed
  175  under s. 723.012, if one is required to be provided, and until
  176  after the park owner has complied with the procedure set forth
  177  in s. 723.037.
  178         (3)(a)A mobile home park owner may take action, including
  179  entering a homeowner’s mobile home lot, to correct the following
  180  violations of mobile home park rules and regulations after
  181  proper notice is given to the homeowner:
  182         1.Failure to mow or edge the lot or lawn, or to trim the
  183  trees or shrubbery. The park owner must give the homeowner
  184  written notice by mail, and also post the written notice on the
  185  home or provide a copy of the notice to the homeowner by
  186  electronic transmission, specifying the action needed to correct
  187  the violation and the date by which the homeowner must correct
  188  the violation. Such date may not be less than 3 business days
  189  after the date of mailing of the notice to the homeowner’s park
  190  address. The notice shall also provide the cost that the
  191  homeowner is responsible for paying if the park owner must take
  192  action to correct the violation.
  193         2.Failure to pressure wash the home, repair skirting or
  194  siding on the home, paint the home, or remove debris or junk
  195  from the lot. The park owner must give the homeowner written
  196  notice by mail, and also post the written notice on the home or
  197  provide a copy of the notice to the homeowner by electronic
  198  transmission, specifying the action needed to correct the
  199  violation and the date by which the homeowner must correct the
  200  violation. Such date may not be less than 30 business days after
  201  the date of mailing of the notice to the homeowner’s park
  202  address. The notice shall also provide the cost that the
  203  homeowner is responsible for paying if the park owner must take
  204  action to correct the violation.
  205         (b)The date by which the homeowner must correct the
  206  violation specified in the notice as required in paragraph (a)
  207  may not be extended because the notice was mailed.
  208         (c)If the homeowner does not remedy the violation
  209  specified in the notice as required in paragraph (a), the park
  210  owner may enter the homeowner’s lot and take corrective action
  211  to remedy the violation. The park owner may charge a fee
  212  sufficient to recover the costs incurred for taking corrective
  213  action and to encourage compliance in the future. The fee may
  214  not be unreasonable, as defined in s. 723.003, and does not need
  215  to be disclosed in the prospectus or rental agreement in order
  216  to be charged under this subsection.
  217         (d)This subsection is a separate enforcement procedure
  218  available to the park owner and is not required to be separately
  219  stated in the prospectus, rental agreement, rules and
  220  regulations, or other pertinent documents. However, the rules
  221  and regulations must generally describe the requirements that
  222  may be the basis of a violation under this subsection.
  223         (e)This subsection does not limit a park owner’s right of
  224  entry onto a mobile home lot as provided in s. 723.025.
  225         Section 4. Paragraph (d) of subsection (1) and subsection
  226  (4) of section 723.061, Florida Statutes, are amended to read:
  227         723.061 Eviction; grounds, proceedings.—
  228         (1) A mobile home park owner may evict a mobile home owner,
  229  a mobile home tenant, a mobile home occupant, or a mobile home
  230  only on one or more of the following grounds:
  231         (d) Change in use of the land comprising the mobile home
  232  park, or the portion thereof from which mobile homes are to be
  233  evicted, from mobile home lot rentals to some other use, if:
  234         1. The park owner gives written notice to the homeowners’
  235  association formed and operating under ss. 723.075-723.079 of
  236  its right to purchase the mobile home park, if the land
  237  comprising the mobile home park is changing use from mobile home
  238  lot rentals to a different use, at the price and under the terms
  239  and conditions set forth in the written notice.
  240         a. The notice shall be delivered to the officers of the
  241  homeowners’ association by United States mail. Within 45 days
  242  after the date of mailing of the notice, the homeowners’
  243  association may execute and deliver a contract to the park owner
  244  to purchase the mobile home park at the price and under the
  245  terms and conditions set forth in the notice. If the contract
  246  between the park owner and the homeowners’ association is not
  247  executed and delivered to the park owner within the 45-day
  248  period, the park owner is under no further obligation to the
  249  homeowners’ association except as provided in sub-subparagraph
  250  b.
  251         b. If the park owner elects to offer or sell the mobile
  252  home park at a price lower than the price specified in her or
  253  his initial notice to the officers of the homeowners’
  254  association, the homeowners’ association has an additional 10
  255  days to meet the revised price, terms, and conditions of the
  256  park owner by executing and delivering a revised contract to the
  257  park owner.
  258         c. The park owner is not obligated under this subparagraph
  259  or s. 723.071 to give any other notice to, or to further
  260  negotiate with, the homeowners’ association for the sale of the
  261  mobile home park to the homeowners’ association after 6 months
  262  after the date of the mailing of the initial notice under sub
  263  subparagraph a.
  264         2. The park owner gives the affected mobile home owners and
  265  tenants at least 6 months’ notice of the eviction due to the
  266  projected change in use and of their need to secure other
  267  accommodations. The park owner shall provide a copy of each
  268  eviction notice that is given to an affected mobile home owner
  269  to the division within 20 days after giving the notice to the
  270  mobile home owner. The division shall provide a copy of each
  271  eviction notice to the Executive Director of the Florida Mobile
  272  Home Relocation Corporation.
  273         a. The notice of eviction due to a change in use of the
  274  land must include in a font no smaller than the body of the
  275  notice the following statement:
  276  YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME
  277  RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME
  278  RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS
  279  AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND
  280  PROFESSIONAL REGULATION.
  281         b. The park owner may not give a notice of increase in lot
  282  rental amount within 90 days before giving notice of a change in
  283  use.
  284         (4) Except for the notice to the officers of the
  285  homeowners’ association under subparagraph (1)(d)1., any notice
  286  required by this section must be in writing, and must be posted
  287  on the premises and sent to the mobile home owner and tenant or
  288  occupant, as appropriate, by United States certified or
  289  registered mail, return receipt requested, addressed to the
  290  mobile home owner and tenant or occupant, as appropriate, at her
  291  or his last known address. Delivery of the mailed notice shall
  292  be deemed given 5 days after the date of postmark.
  293         Section 5. Subsection (1) of section 723.076, Florida
  294  Statutes, is amended to read:
  295         723.076 Incorporation; notification of park owner.—
  296         (1) Upon receipt of its certificate of incorporation, the
  297  homeowners’ association shall notify the park owner in writing
  298  of such incorporation and shall advise the park owner of the
  299  names and addresses of the officers of the homeowners’
  300  association by personal delivery upon the park owner’s
  301  representative as designated in the prospectus or by certified
  302  mail, return receipt requested. Thereafter, the homeowners’
  303  association shall notify the park owner in writing by certified
  304  mail, return receipt requested, of any change of names and
  305  addresses of its president or registered agent. Upon election or
  306  appointment of new officers or members, the homeowners’
  307  association shall notify the park owner in writing by certified
  308  mail, return receipt requested, of the names and addresses of
  309  the new officers or members.
  310         Section 6. Paragraphs (b) through (e) of subsection (2) of
  311  section 723.078, Florida Statutes, are amended to read:
  312         723.078 Bylaws of homeowners’ associations.—
  313         (2) The bylaws shall provide and, if they do not, shall be
  314  deemed to include, the following provisions:
  315         (b) Quorum; voting requirements; proxies.—
  316         1. Unless otherwise provided in the bylaws, 30 percent of
  317  the total membership is required to constitute a quorum.
  318  Decisions shall be made by a majority of members represented at
  319  a meeting at which a quorum is present.
  320         2.a. A member may not vote by general proxy but may vote by
  321  limited proxies substantially conforming to a limited proxy form
  322  adopted by the division. Limited proxies and general proxies may
  323  be used to establish a quorum. Limited proxies may be used for
  324  votes taken to amend the articles of incorporation or bylaws
  325  pursuant to this section, and any other matters for which this
  326  chapter requires or permits a vote of members. A, except that no
  327  proxy, limited or general, may not be used in the election of
  328  board members in general elections or elections to fill
  329  vacancies caused by recall, resignation, or otherwise. The board
  330  members shall be elected by written ballot or by voting in
  331  person. If a mobile home or subdivision lot is owned jointly,
  332  the owners of the mobile home or subdivision lot must be counted
  333  as one for the purpose of determining the number of votes
  334  required for a majority. Only one vote per mobile home or
  335  subdivision lot shall be counted. Any number greater than 50
  336  percent of the total number of votes constitutes a majority.
  337  Notwithstanding this section, members may vote in person at
  338  member meetings or by secret ballot, including absentee ballots,
  339  as defined by the division.
  340         b.At least 20 percent of the eligible voters must cast a
  341  ballot in order for the election to be valid. Elections shall be
  342  decided by a plurality of the ballots cast without a quorum
  343  requirement. A member may not allow any other person to vote his
  344  or her ballot, and any ballots improperly cast are invalid. An
  345  election is not required unless there are more candidates
  346  nominated than vacancies exist on the board.
  347         c.The ballot shall indicate, in alphabetical order by
  348  surname, each member or other eligible person who desires to be
  349  a candidate for the board of directors. A ballot may not
  350  indicate if any of the candidates are incumbent on the board.
  351  All ballots shall be uniform in appearance. Write-in candidates
  352  and more than one vote per candidate, per ballot are not
  353  permitted. A ballot may not provide a space for the signature
  354  of, or any other means of identifying, a voter. If a ballot
  355  contains more votes than vacancies or fewer votes than
  356  vacancies, the ballot is invalid, unless otherwise stated in the
  357  bylaws.
  358         d.An impartial committee shall be responsible for
  359  overseeing the election process and complying with all ballot
  360  requirements. For purposes of this section, the term “impartial”
  361  means a committee whose members do not include any of the
  362  following people or their spouses:
  363         (I)Current board members.
  364         (II)Current association officers.
  365         (III)Candidates for the association or board.
  366         e.The association bylaws shall provide a method for
  367  determining the winner of an election where two or more
  368  candidates for the same position receive the same number of
  369  votes.
  370         f.A person who has been convicted of a felony in this
  371  state or in a United States District or Territorial Court, or
  372  who has been convicted of any offense in another jurisdiction
  373  which would be considered a felony if committed in this state,
  374  may not seek election to the board and is not eligible for board
  375  membership unless the person’s civil rights have been restored
  376  for at least 5 years before the date on which the person seeks
  377  election to the board. The validity of an action taken by the
  378  board is not affected if it is later determined that a member of
  379  the board is ineligible for board membership.
  380         g.The division shall adopt procedural rules to govern
  381  elections, including rules for providing notice by electronic
  382  transmission and rules for maintaining the secrecy of ballots.
  383         3. A proxy is effective only for the specific meeting for
  384  which originally given and any lawfully adjourned meetings
  385  thereof. In no event shall any proxy be valid for a period
  386  longer than 90 days after the date of the first meeting for
  387  which it was given. Every proxy shall be revocable at any time
  388  at the pleasure of the member executing it.
  389         4. A member of the board of directors or a committee may
  390  submit in writing his or her agreement or disagreement with any
  391  action taken at a meeting that the member did not attend. This
  392  agreement or disagreement may not be used as a vote for or
  393  against the action taken and may not be used for the purposes of
  394  creating a quorum.
  395         (c) Board of directors’ and committee meetings.—
  396         1. Meetings of the board of directors and meetings of its
  397  committees at which a quorum is present shall be open to all
  398  members. Notwithstanding any other provision of law, the
  399  requirement that board meetings and committee meetings be open
  400  to the members does not apply to meetings between the park owner
  401  and the board of directors, or any of the board’s committees, or
  402  to board or committee meetings held for the purpose of
  403  discussing personnel matters or meetings between the board or a
  404  committee and the association’s attorney, with respect to
  405  potential or pending litigation, when where the meeting is held
  406  for the purpose of seeking or rendering legal advice, and when
  407  where the contents of the discussion would otherwise be governed
  408  by the attorney-client privilege. Notice of all meetings open to
  409  the members shall be posted in a conspicuous place upon the park
  410  property at least 48 hours in advance, except in an emergency.
  411  Notice of any meeting in which dues assessments against members
  412  are to be considered for any reason shall specifically contain a
  413  statement that dues assessments will be considered and the
  414  nature of such dues assessments.
  415         2. A board or committee member’s participation in a meeting
  416  via telephone, real-time videoconferencing, or similar real-time
  417  telephonic, electronic, or video communication counts toward a
  418  quorum, and such member may vote as if physically present. A
  419  speaker shall be used so that the conversation of those board or
  420  committee members attending by telephone may be heard by the
  421  board or committee members attending in person, as well as by
  422  members present at a meeting.
  423         3. Members of the board of directors may use e-mail as a
  424  means of communication but may not cast a vote on an association
  425  matter via e-mail.
  426         4. The right to attend meetings of the board of directors
  427  and its committees includes the right to speak at such meetings
  428  with reference to all designated agenda items. The association
  429  may adopt reasonable written rules governing the frequency,
  430  duration, and manner of members’ statements. Any item not
  431  included on the notice may be taken up on an emergency basis by
  432  at least a majority plus one of the members of the board. Such
  433  emergency action shall be noticed and ratified at the next
  434  regular meeting of the board. Any member may tape record or
  435  videotape meetings of the board of directors and its committees,
  436  except meetings between the board of directors or its appointed
  437  homeowners’ committee and the park owner. The division shall
  438  adopt reasonable rules governing the tape recording and
  439  videotaping of the meeting.
  440         5. Except as provided in paragraph (i), a vacancy occurring
  441  on the board of directors may be filled by the affirmative vote
  442  of the majority of the remaining directors, even though the
  443  remaining directors constitute less than a quorum; by the sole
  444  remaining director; if the vacancy is not so filled or if no
  445  director remains, by the members; or, on the application of any
  446  person, by the circuit court of the county in which the
  447  registered office of the corporation is located.
  448         6. The term of a director elected or appointed to fill a
  449  vacancy expires at the next annual meeting at which directors
  450  are elected. A directorship to be filled by reason of an
  451  increase in the number of directors may be filled by the board
  452  of directors, but only for the term of office continuing until
  453  the next election of directors by the members.
  454         7. A vacancy that will occur at a specific later date, by
  455  reason of a resignation effective at a later date, may be filled
  456  before the vacancy occurs. However, the new director may not
  457  take office until the vacancy occurs.
  458         8.a. The officers and directors of the association have a
  459  fiduciary relationship to the members.
  460         b. A director and committee member shall discharge his or
  461  her duties in good faith, with the care an ordinarily prudent
  462  person in a like position would exercise under similar
  463  circumstances, and in a manner he or she reasonably believes to
  464  be in the best interests of the corporation.
  465         9. In discharging his or her duties, a director may rely on
  466  information, opinions, reports, or statements, including
  467  financial statements and other financial data, if prepared or
  468  presented by:
  469         a. One or more officers or employees of the corporation who
  470  the director reasonably believes to be reliable and competent in
  471  the matters presented;
  472         b. Legal counsel, public accountants, or other persons as
  473  to matters the director reasonably believes are within the
  474  persons’ professional or expert competence; or
  475         c. A committee of the board of directors of which he or she
  476  is not a member if the director reasonably believes the
  477  committee merits confidence.
  478         10. A director is not acting in good faith if he or she has
  479  knowledge concerning the matter in question that makes reliance
  480  otherwise permitted by subparagraph 9. unwarranted.
  481         11. A director is not liable for any action taken as a
  482  director, or any failure to take any action, if he or she
  483  performed the duties of his or her office in compliance with
  484  this section.
  485         (d) Member meetings.—Members shall meet at least once each
  486  calendar year, and the meeting shall be the annual meeting. All
  487  members of the board of directors shall be elected at the annual
  488  meeting unless the bylaws provide for staggered election terms
  489  or for their election at another meeting. The bylaws shall not
  490  restrict any member desiring to be a candidate for board
  491  membership from being nominated from the floor. All nominations
  492  from the floor must be made at a duly noticed meeting of the
  493  members held at least 27 30 days before the annual meeting. The
  494  bylaws shall provide the method for calling the meetings of the
  495  members, including annual meetings. The method shall provide at
  496  least 14 days’ written notice to each member in advance of the
  497  meeting and require the posting in a conspicuous place on the
  498  park property of a notice of the meeting at least 14 days before
  499  prior to the meeting. The right to receive written notice of
  500  membership meetings may be waived in writing by a member. Unless
  501  waived, the notice of the annual meeting shall be mailed, hand
  502  delivered, or electronically transmitted to each member, and
  503  shall constitute notice. Unless otherwise stated in the bylaws,
  504  an officer of the association shall provide an affidavit
  505  affirming that the notices were mailed, or hand delivered, or
  506  provided by electronic transmission in accordance with the
  507  provisions of this section to each member at the address last
  508  furnished to the corporation. These meeting requirements do not
  509  prevent members from waiving notice of meetings or from acting
  510  by written agreement without meetings, if allowed by the bylaws.
  511         (e) Minutes of meetings.—
  512         1. Notwithstanding any other provision of law, the minutes
  513  of board or committee meetings that are closed to members are
  514  privileged and confidential and shall not be available for
  515  inspection or photocopying.
  516         2. Minutes of all meetings of members of an association and
  517  meetings open for members of, the board of directors, and a
  518  committee must be maintained in written form and approved by the
  519  members, board, or committee, as applicable. A vote or
  520  abstention from voting on each matter voted upon for each
  521  director present at a board meeting must be recorded in the
  522  minutes.
  523         3.2. All approved minutes of meetings of members,
  524  committees, and the board of directors shall be kept in a
  525  businesslike manner and shall be available for inspection by
  526  members, or their authorized representatives, and board members
  527  at reasonable times. The association shall retain these minutes
  528  within the state for a period of at least 5 7 years.
  529         Section 7. Subsections (4) and (5) of section 723.079,
  530  Florida Statutes, are amended to read:
  531         723.079 Powers and duties of homeowners’ association.—
  532         (4) The association shall maintain the following items,
  533  when applicable, which constitute the official records of the
  534  association:
  535         (a) A copy of the association’s articles of incorporation
  536  and each amendment to the articles of incorporation.
  537         (b) A copy of the bylaws of the association and each
  538  amendment to the bylaws.
  539         (c) A copy of the written rules or policies of the
  540  association and each amendment to the written rules or policies.
  541         (d) The approved minutes of all meetings of the members of
  542  an association and meetings open for members of, the board of
  543  directors, and committees of the board, which minutes must be
  544  retained within the state for at least 5 7 years.
  545         (e) A current roster of all members and their mailing
  546  addresses and lot identifications. The association shall also
  547  maintain the e-mail addresses and the numbers designated by
  548  members for receiving notice sent by electronic transmission of
  549  those members consenting to receive notice by electronic
  550  transmission. The e-mail addresses and numbers provided by
  551  members to receive notice by electronic transmission shall be
  552  removed from association records when consent to receive notice
  553  by electronic transmission is revoked. However, the association
  554  is not liable for an erroneous disclosure of the e-mail address
  555  or the number for receiving electronic transmission of notices.
  556         (f) All of the association’s insurance policies or copies
  557  thereof, which must be retained within the state for at least 5
  558  7 years after the expiration date.
  559         (g) A copy of all contracts or agreements to which the
  560  association is a party, including, without limitation, any
  561  written agreements with the park owner, lease, or other
  562  agreements or contracts under which the association or its
  563  members has any obligation or responsibility, which must be
  564  retained within the state for at least 5 7 years after the
  565  expiration date.
  566         (h) The financial and accounting records of the
  567  association, kept according to good accounting practices. All
  568  financial and accounting records must be maintained within the
  569  state for a period of at least 5 7 years. The financial and
  570  accounting records must include:
  571         1. Accurate, itemized, and detailed records of all receipts
  572  and expenditures.
  573         2. A current account and a periodic statement of the
  574  account for each member, designating the name and current
  575  address of each member who is obligated to pay dues or
  576  assessments, the due date and amount of each assessment or other
  577  charge against the member, the date and amount of each payment
  578  on the account, and the balance due.
  579         3. All tax returns, financial statements, and financial
  580  reports of the association.
  581         4. Any other records that identify, measure, record, or
  582  communicate financial information.
  583         (i) All other written records of the association not
  584  specifically included in the foregoing which are related to the
  585  operation of the association must be retained within the state
  586  for at least 5 years after the expiration date, if applicable.
  587         (5) The official records shall be maintained within the
  588  state for at least 7 years and shall be made available to a
  589  member for inspection or photocopying within 20 10 business days
  590  after receipt by the board or its designee of a written request
  591  submitted by certified mail, return receipt requested. The
  592  requirements of this subsection are satisfied by having a copy
  593  of the official records available for inspection or copying in
  594  the park or, at the option of the association, by making the
  595  records available to a member electronically via the Internet or
  596  by allowing the records to be viewed in electronic format on a
  597  computer screen and printed upon request. If the association has
  598  a photocopy machine available where the records are maintained,
  599  it must provide a member with copies on request during the
  600  inspection if the entire request is no more than 25 pages. An
  601  association shall allow a member or his or her authorized
  602  representative to use a portable device, including a smartphone,
  603  tablet, portable scanner, or any other technology capable of
  604  scanning or taking photographs, to make an electronic copy of
  605  the official records in lieu of the association’s providing the
  606  member or his or her authorized representative with a copy of
  607  such records. The association may not charge a fee to a member
  608  or his or her authorized representative for the use of a
  609  portable device.
  610         (a) The failure of an association to provide access to the
  611  records within 20 10 business days after receipt of a written
  612  request submitted by certified mail, return receipt requested,
  613  creates a rebuttable presumption that the association willfully
  614  failed to comply with this subsection.
  615         (b) A member who is denied access to official records is
  616  entitled to statutory the actual damages or minimum damages for
  617  the association’s willful failure to comply with this
  618  subsection. The statutory minimum damages are to be $10 per
  619  calendar day up to 10 days, for a total amount not to exceed
  620  $100. The calculation for damages begins to begin on the 21st
  621  11th business day after receipt of the written request,
  622  submitted by certified mail, return receipt requested.
  623         (c)Any inspection or photocopying dispute between a member
  624  and an association must be submitted to mandatory binding
  625  arbitration with the division. Such proceeding shall be
  626  conducted in the manner provided in s. 723.1255 and according to
  627  the procedural rules adopted by the division.
  628         (d)(c) The association may adopt reasonable written rules
  629  governing the frequency, time, location, notice, records to be
  630  inspected, and manner of inspections, but may not require a
  631  member to demonstrate a proper purpose for the inspection, state
  632  a reason for the inspection, or limit a member’s right to
  633  inspect records to less than 1 business day per month. The
  634  association may impose fees to cover the costs of providing
  635  copies of the official records, including the costs of copying
  636  and for personnel to retrieve and copy the records if the time
  637  spent retrieving and copying the records exceeds 30 minutes and
  638  if the personnel costs do not exceed $20 per hour. Personnel
  639  costs may not be charged for records requests that result in the
  640  copying of 25 or fewer pages. The association may charge up to
  641  25 cents per page for copies made on the association’s
  642  photocopier. If the association does not have a photocopy
  643  machine available where the records are kept, or if the records
  644  requested to be copied exceed 25 pages in length, the
  645  association may have copies made by an outside duplicating
  646  service and may charge the actual cost of copying, as supported
  647  by the vendor invoice. The association shall maintain an
  648  adequate number of copies of the recorded governing documents,
  649  to ensure their availability to members and prospective members.
  650  Notwithstanding this paragraph, the following records are not
  651  accessible to members or home owners:
  652         1. A record protected by the lawyer-client privilege as
  653  described in s. 90.502 and a record protected by the work
  654  product privilege, including, but not limited to, a record
  655  prepared by an association attorney or prepared at the
  656  attorney’s express direction which reflects a mental impression,
  657  conclusion, litigation strategy, or legal theory of the attorney
  658  or the association and which was prepared exclusively for civil
  659  or criminal litigation, for adversarial administrative
  660  proceedings, or in anticipation of such litigation or
  661  proceedings until the conclusion of the litigation or
  662  proceedings.
  663         2. E-mail addresses, telephone numbers, facsimile numbers,
  664  emergency contact information, any addresses for a home owner
  665  other than as provided for association notice requirements, and
  666  other personal identifying information of any person, excluding
  667  the person’s name, lot designation, mailing address, and
  668  property address. Notwithstanding the restrictions in this
  669  subparagraph, an association may print and distribute to home
  670  owners a directory containing the name, park address, and
  671  telephone number of each home owner. However, a home owner may
  672  exclude his or her telephone number from the directory by so
  673  requesting in writing to the association. The association is not
  674  liable for the disclosure of information that is protected under
  675  this subparagraph if the information is included in an official
  676  record of the association and is voluntarily provided by a home
  677  owner and not requested by the association.
  678         3. An electronic security measure that is used by the
  679  association to safeguard data, including passwords.
  680         4. The software and operating system used by the
  681  association which allows the manipulation of data, even if the
  682  home owner owns a copy of the same software used by the
  683  association. The data is part of the official records of the
  684  association.
  685         Section 8. Section 723.1255, Florida Statutes, is amended
  686  to read:
  687         723.1255 Alternative resolution of recall, election, and
  688  inspection and photocopying of official records disputes.—The
  689  Division of Florida Condominiums, Timeshares, and Mobile Homes
  690  of the Department of Business and Professional Regulation shall
  691  adopt rules of procedure to govern binding recall arbitration
  692  proceedings.
  693         (1)A dispute between a mobile home owner and a homeowners’
  694  association regarding s. 723.078(2), involving the election and
  695  recall of officers or directors, or s. 723.079(5), involving the
  696  inspection and photocopying of official records, must be
  697  submitted to mandatory binding arbitration with the division.
  698  Such proceeding shall be conducted in accordance with this
  699  section and the procedural rules adopted by the division.
  700         (2)The prevailing party in a mandatory binding arbitration
  701  proceeding shall be awarded reasonable attorney fees and costs,
  702  which the arbitrator shall calculate in accordance with the
  703  statewide uniform guidelines for taxation of costs in civil
  704  actions. The arbitrator shall follow the applicable Florida
  705  Rules of Civil Procedure in determining the timeframe for filing
  706  a motion for attorney fees and costs.
  707         (3)The division shall adopt procedural rules to govern
  708  mandatory binding arbitration proceedings.
  709         Section 9. This act shall take effect July 1, 2019.

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