Bill Text: FL S0316 | 2023 | Regular Session | Introduced
Bill Title: Electronic Voting in Community Associations
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2023-05-05 - Died in Regulated Industries [S0316 Detail]
Download: Florida-2023-S0316-Introduced.html
Florida Senate - 2023 SB 316
By Senator Osgood
32-00531-23 2023316__
1 A bill to be entitled
2 An act relating to electronic voting in community
3 associations; amending ss. 718.128 and 720.317, F.S.;
4 specifying that unit owners in condominium
5 associations and members of homeowners’ associations,
6 respectively, may consent electronically to online
7 voting; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 718.128, Florida Statutes, is amended to
12 read:
13 718.128 Electronic voting.—
14 (1) The association may conduct elections and other unit
15 owner votes through an Internet-based online voting system if a
16 unit owner consents, electronically or in writing, to online
17 voting and if the following requirements are met:
18 (a)(1) The association provides each unit owner with:
19 1.(a) A method to authenticate the unit owner’s identity to
20 the online voting system.
21 2.(b) For elections of the board, a method to transmit an
22 electronic ballot to the online voting system that ensures the
23 secrecy and integrity of each ballot.
24 3.(c) A method to confirm, at least 14 days before the
25 voting deadline, that the unit owner’s electronic device can
26 successfully communicate with the online voting system.
27 (b)(2) The association uses an online voting system that
28 is:
29 1.(a) Able to authenticate the unit owner’s identity.
30 2.(b) Able to authenticate the validity of each electronic
31 vote to ensure that the vote is not altered in transit.
32 3.(c) Able to transmit a receipt from the online voting
33 system to each unit owner who casts an electronic vote.
34 4.(d) For elections of the board of administration, able to
35 permanently separate any authentication or identifying
36 information from the electronic election ballot, rendering it
37 impossible to tie an election ballot to a specific unit owner.
38 5.(e) Able to store and keep electronic votes accessible to
39 election officials for recount, inspection, and review purposes.
40 (2)(3) A unit owner voting electronically pursuant to this
41 section shall be counted as being in attendance at the meeting
42 for purposes of determining a quorum. A substantive vote of the
43 unit owners may not be taken on any issue other than the issues
44 specifically identified in the electronic vote, when a quorum is
45 established based on unit owners voting electronically pursuant
46 to this section.
47 (4) This section applies to an association that provides
48 for and authorizes an online voting system pursuant to this
49 section by a board resolution. The board resolution must provide
50 that unit owners receive notice of the opportunity to vote
51 through an online voting system, must establish reasonable
52 procedures and deadlines for unit owners to consent,
53 electronically or in writing, to online voting, and must
54 establish reasonable procedures and deadlines for unit owners to
55 opt out of online voting after giving consent. Written notice of
56 a meeting at which the resolution will be considered must be
57 mailed, delivered, or electronically transmitted to the unit
58 owners and posted conspicuously on the condominium property or
59 association property at least 14 days before the meeting.
60 Evidence of compliance with the 14-day notice requirement must
61 be made by an affidavit executed by the person providing the
62 notice and filed with the official records of the association.
63 (3)(5) A unit owner’s consent to online voting is valid
64 until the unit owner opts out of online voting according to the
65 procedures established by the board of administration pursuant
66 to subsection (4).
67 (5)(6) This section may apply to any matter that requires a
68 vote of the unit owners who are not members of a timeshare
69 condominium association.
70 Section 2. Section 720.317, Florida Statutes, is amended to
71 read:
72 720.317 Electronic voting.—
73 (1) The association may conduct elections and other
74 membership votes through an Internet-based online voting system
75 if a member consents, electronically or in writing, to online
76 voting and if the following requirements are met:
77 (a)(1) The association provides each member with:
78 1.(a) A method to authenticate the member’s identity to the
79 online voting system.
80 2.(b) A method to confirm, at least 14 days before the
81 voting deadline, that the member’s electronic device can
82 successfully communicate with the online voting system.
83 3.(c) A method that is consistent with the election and
84 voting procedures in the association’s bylaws.
85 (b)(2) The association uses an online voting system that
86 is:
87 1.(a) Able to authenticate the member’s identity.
88 2.(b) Able to authenticate the validity of each electronic
89 vote to ensure that the vote is not altered in transit.
90 3.(c) Able to transmit a receipt from the online voting
91 system to each member who casts an electronic vote.
92 4.(d) Able to permanently separate any authentication or
93 identifying information from the electronic election ballot,
94 rendering it impossible to tie an election ballot to a specific
95 member. This subparagraph paragraph only applies if the
96 association’s bylaws provide for secret ballots for the election
97 of directors.
98 5.(e) Able to store and keep electronic ballots accessible
99 to election officials for recount, inspection, and review
100 purposes.
101 (2)(3) A member voting electronically pursuant to this
102 section shall be counted as being in attendance at the meeting
103 for purposes of determining a quorum.
104 (4) This section applies to an association that provides
105 for and authorizes an online voting system pursuant to this
106 section by a board resolution. The board resolution must provide
107 that members receive notice of the opportunity to vote through
108 an online voting system, must establish reasonable procedures
109 and deadlines for members to consent, electronically or in
110 writing, to online voting, and must establish reasonable
111 procedures and deadlines for members to opt out of online voting
112 after giving consent. Written notice of a meeting at which the
113 board resolution regarding online voting will be considered must
114 be mailed, delivered, or electronically transmitted to the unit
115 owners and posted conspicuously on the condominium property or
116 association property at least 14 days before the meeting.
117 Evidence of compliance with the 14-day notice requirement must
118 be made by an affidavit executed by the person providing the
119 notice and filed with the official records of the association.
120 (3)(5) A member’s consent to online voting is valid until
121 the member opts out of online voting pursuant to the procedures
122 established by the board of administration pursuant to
123 subsection (4).
124 (5)(6) This section may apply to any matter that requires a
125 vote of the members.
126 Section 3. This act shall take effect July 1, 2023.
