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Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB's 2086 & 2498

195778

CHAMBER ACTION

Senate

Comm: WD

4/8/2008

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House



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The Committee on Banking and Insurance (Bennett) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between lines 4063 and 4064,

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insert:

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     Section 73.  Subsection (2) of section 190.012, Florida

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Statutes, is amended to read:

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     190.012  Special powers; public improvements and community

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facilities.--The district shall have, and the board may exercise,

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subject to the regulatory jurisdiction and permitting authority

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of all applicable governmental bodies, agencies, and special

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districts having authority with respect to any area included

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therein, any or all of the following special powers relating to

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public improvements and community facilities authorized by this

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act:

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     (2)  After the local general-purpose government within the

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jurisdiction of which a power specified in this subsection is to

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be exercised consents to the exercise of such power by the

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district, the district shall have the power to plan, establish,

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acquire, construct or reconstruct, enlarge or extend, equip,

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operate, and maintain additional systems and facilities for:

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     (a)  Parks and facilities for indoor and outdoor

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recreational, cultural, and educational uses.

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     (b)  Fire prevention and control, including fire stations,

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water mains and plugs, fire trucks, and other vehicles and

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equipment.

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     (c)  School buildings and related structures and site

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improvements, which may be leased, sold, or donated to the school

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district, for use in the educational system when authorized by

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the district school board.

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     (d)  Security, including, but not limited to, guardhouses,

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fences and gates, electronic intrusion-detection systems, and

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patrol cars, when authorized by proper governmental agencies;

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except that the district may not exercise any police power, but

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may contract with the appropriate local general-purpose

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government agencies for an increased level of such services

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within the district boundaries. Security systems and facilities

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constructed pursuant to this section are authorized, including

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guardhouses, fences, and gates, which enclose or restrict access

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to roads. A local general-purpose government may not prohibit or

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revoke the exercise of the community development district's

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powers under this subsection after it has consented to the

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exercise of such powers by the community development district.

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     (e)  Control and elimination of mosquitoes and other

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arthropods of public health importance.

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     (f)  Waste collection and disposal.

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     Section 74.  Subsection (6) is added to section 373.413,

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Florida Statutes, to read:

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     373.413  Permits for construction or alteration.--

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     (6)(a) As a condition of any permit issued under this part

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for a stormwater management system, the applicant shall

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demonstrate financial responsibility for the construction of the

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system, or independent phase thereof, and for operation and

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maintenance of the system for 5 years after the system is

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certified by an appropriate professional in this state and the

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department or water management district determines that the

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construction or alteration has been completed and substantially

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conforms to the approved plans and specifications in the permit.

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     (b) The form and content of the financial responsibility

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mechanism shall be approved by the department or the water

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management district as part of permit application review. The

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department or water management district shall release the

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construction portion of the financial responsibility mechanism

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after the system has been certified and the department or water

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management district has determined that the system has been

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constructed in substantial compliance with the terms and

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conditions of the permit. The department or water management

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district shall release the operation and maintenance portion of

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the financial responsibility within 1 month after approving the

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transfer of the permit to the operating entity specified in the

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permit.

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     (c) This subsection does not limit the existing authority

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of the department or governing board to otherwise require a

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demonstration of financial responsibility for construction,

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alteration, or operation and maintenance of a stormwater

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management system.

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     Section 75.  Section 373.436, Florida Statutes, is amended

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to read:

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     373.436  Remedial measures.--

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     (1)  Upon completion of any inspection provided for by s.

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373.423(3), the executive director or the department shall

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determine what alterations or repairs are necessary and order

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that such alterations and repairs shall be made within a time

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certain, which shall be a reasonable time. The owner of such

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stormwater management system, dam, impoundment, reservoir,

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appurtenant work, or works may file a written petition for

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hearing before the governing board or the department no later

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than 14 days after such order is served. If, after such order

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becomes final, the owner shall fail to make the specified

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alterations or repairs, the governing board or the department

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may, in its discretion, cause such alterations or repairs to be

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made.

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     (2)  Any cost to the district or the department of

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alterations or repairs made by it under the provisions of

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subsection (1) shall be a lien against the property of the

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landowner on whose lands the alterations or repairs are made

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until the governing board or department is reimbursed, with

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reasonable interest and attorney's fees, for its costs. If the

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permitted stormwater management system, dam, impoundment,

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reservoir, appurtenant, or work was designed to serve the

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property of multiple landowners, the district or department shall

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have a lien against each of those landowners in a proportional

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amount to reimburse the permitting agency for its costs.

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     Section 76.  Subsection (2) of section 720.303, Florida

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Statutes, is amended to read:

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     720.303  Association powers and duties; meetings of board;

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official records; budgets; financial reporting; association

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funds; recalls.--

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     (2)  BOARD MEETINGS.--

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     (a)  A meeting of the board of directors of an association

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occurs whenever a quorum of the board gathers to conduct

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association business. All meetings of the board must be open to

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all members except for meetings between the board and its

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attorney with respect to proposed or pending litigation where the

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contents of the discussion would otherwise be governed by the

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attorney-client privilege. The provisions of this subsection

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shall also apply to the meetings of any committee or other

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similar body when a final decision will be made regarding the

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expenditure of association funds and to meetings of any body

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vested with the power to approve or disapprove architectural

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decisions with respect to a specific parcel of residential

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property owned by a member of the community.

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     (b)  Members have the right to attend all meetings of the

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board and to speak on any matter placed on the agenda by petition

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of the voting interests for at least 3 minutes. The association

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may adopt written reasonable rules expanding the right of members

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to speak and governing the frequency, duration, and other manner

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of member statements, which rules must be consistent with this

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paragraph and may include a sign-up sheet for members wishing to

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speak. Notwithstanding any other law, the requirement that board

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meetings and committee meetings be open to the members is

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inapplicable to meetings between the board or a committee and the

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association's attorney, with respect to meetings of the board

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held for the purpose of discussing personnel matters.

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     (c)  The bylaws shall provide for giving notice to parcel

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owners and members of all board meetings and, if they do not do

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so, shall be deemed to provide the following:

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     1.  Notices of all board meetings must be posted in a

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conspicuous place in the community at least 48 hours in advance

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of a meeting, except in an emergency. In the alternative, if

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notice is not posted in a conspicuous place in the community,

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notice of each board meeting must be mailed or delivered to each

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member at least 7 days before the meeting, except in an

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emergency. Notwithstanding this general notice requirement, for

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communities with more than 100 members, the bylaws may provide

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for a reasonable alternative to posting or mailing of notice for

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each board meeting, including publication of notice, provision of

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a schedule of board meetings, or the conspicuous posting and

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repeated broadcasting of the notice on a closed-circuit cable

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television system serving the homeowners' association. However,

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if broadcast notice is used in lieu of a notice posted physically

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in the community, the notice must be broadcast at least four

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times every broadcast hour of each day that a posted notice is

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otherwise required. When broadcast notice is provided, the notice

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and agenda must be broadcast in a manner and for a sufficient

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continuous length of time so as to allow an average reader to

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observe the notice and read and comprehend the entire content of

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the notice and the agenda. The bylaws or amended bylaws may

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provide for giving notice by electronic transmission in a manner

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authorized by law for meetings of the board of directors,

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committee meetings requiring notice under this section, and

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annual and special meetings of the members; however, a member

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must consent in writing to receiving notice by electronic

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transmission.

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     2.  An assessment may not be levied at a board meeting

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unless the notice of the meeting includes a statement that

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assessments will be considered and the nature of the assessments.

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Written notice of any meeting at which special assessments will

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be considered or at which amendments to rules regarding parcel

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use will be considered must be mailed, delivered, or

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electronically transmitted to the members and parcel owners and

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posted conspicuously on the property or broadcast on closed-

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circuit cable television not less than 14 days before the

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meeting.

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     3.  Directors may not vote by proxy or by secret ballot at

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board meetings, except that secret ballots may be used in the

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election of officers. This subsection also applies to the

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meetings of any committee or other similar body, when a final

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decision will be made regarding the expenditure of association

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funds, and to any body vested with the power to approve or

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disapprove architectural decisions with respect to a specific

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parcel of residential property owned by a member of the

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community.

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     (d)  If 20 percent of the total voting interests petition

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the board to address an item of business, the board shall at its

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next regular board meeting or at a special meeting of the board,

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but not later than 60 days after the receipt of the petition,

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take the petitioned item up on an agenda. The board shall give

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all members notice of the meeting at which the petitioned item

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shall be addressed in accordance with the 14-day notice

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requirement pursuant to subparagraph (c)2. Each member shall have

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the right to speak for at least 3 minutes on each matter placed

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on the agenda by petition, provided that the member signs the

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sign-up sheet, if one is provided, or submits a written request

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to speak prior to the meeting. Other than addressing the

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petitioned item at the meeting, the board is not obligated to

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take any other action requested by the petition.

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     (e) A board member who violates the provisions of this

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subsection commits a noncriminal infraction, punishable by a fine

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not to exceed $500. A board member who violates the provisions of

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this subsection a second or subsequent time commits a noncriminal

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infraction, punishable by a fine not to exceed $1,000. A board

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member who knowingly violates the provisions of this subsection a

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third or subsequent time commits a misdemeanor of the first

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degree, punishable as provided in s. 775.082 or s. 775.083.

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     Section 77.  Subsection (7) is added to section 720.304,

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Florida Statutes, to read:

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     720.304  Right of owners to peaceably assemble; display of

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flag; SLAPP suits prohibited.--

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     (7) Any parcel owner may display a sign of reasonable size

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advertising the sale of the parcel within the boundaries of the

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parcel.

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     Section 78.  Subsection (4) of section 720.307, Florida

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Statutes, is renumbered as subsection (5), and a new subsection

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(4) is added to that section, to read:

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     720.307  Transition of association control in a

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community.--With respect to homeowners' associations:

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     (4) Prior to relinquishing control of the homeowners'

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association, the developer shall ensure that any stormwater

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management system, dam, impoundment, reservoir, appurtenant, or

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works meets the requirements of s. 373.413(6).

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     Section 79.  Section 861.01, Florida Statutes, is amended to

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read:

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     861.01  Obstructing highway.--Whoever obstructs any public

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road or established highway by fencing across or into the same or

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by willfully causing any other obstruction in or to such road or

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highway, or any part thereof, shall be guilty of a misdemeanor of

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the first degree, punishable as provided in s. 775.082 or s.

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775.083, and the judgment of the court shall also be that the

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obstruction be removed. This section does not apply to a security

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system or facility constructed pursuant to s. 190.012.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 212, after the semicolon,

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insert:

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amending s. 190.012, F.S.; prohibiting a local general-

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purpose government from prohibiting or revoking the

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exercise of the powers of a community development

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district after the local general-purpose government has

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consented to the exercise of such powers by the

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community development district; amending s. 373.413,

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F.S.; requiring applicants for permits to construct

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stormwater management systems to demonstrate financial

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responsibility for the construction and operation of

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the systems; amending s. 373.436, F.S.; providing that

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a lien is created against all property  served by

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certain stormwater management systems if certain costs

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incurred by a water management district or the

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Department of Environmental Protection are not

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reimbursed by such landowners; amending s. 720.303,

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F.S.; providing penalties for homeowners' association

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board members who violate certain provisions relating

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to the conduct of board meetings; amending s. 720.304,

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F.S.; allowing property owners who are members of a

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homeowners' association to display a "for sale" sign on

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their property; amending s. 720.307, F.S.; requiring

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developers to comply with certain permitting

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requirements relating to financial responsibility for

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the construction or alteration on stormwater management

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systems before relinquishing control of homeowners'

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associations; amending s. 861.01, F.S.; exempting

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certain fencing systems from a prohibition against

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obstructing public roads and highways;

4/7/2008  10:32:00 AM     21-06753-08

CODING: Words stricken are deletions; words underlined are additions.

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