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Webinar: MyCommunitySite.com Live Demo

Is this website solution right for your community? Tune in for this software demo of MyCommunitySite.com – a turnkey website solution and document management system specifically created for condos and HOAs. You’ll see how quick and easy it is to create a website for your association. Whether or not you need to be compliant with Florida statute, this is a solution that is likely a perfect fit for your association! Easy, simple, cost-effective, and fully managed by the team at Shyft.

We’ll show you how to:

  • Upload and manage your documents
  • Create new pages and make them password-protected
  • Send messages through the system
  • Manage your user database
  • And more!

Original Air Date: 03.21.24

________________________________________

SPEAKERS:

Brett Fielo
CO-FOUNDER
Shyft
brett@partnerwithshyft.com

Bryony Swift
SHAREHOLDER
Becker
bswift@beckerlawyers.com

Andrea Wolkofsky
CO-FOUNDER
Shyft
andrea@partnerwithshyft.com

________________________________________

FOR MORE INFORMATION VISIT:
https://mycommunitysite.com/

Becker Celebrates Women’s History Month: Meet Amanda Wood

In celebration of Women’s History Month, Becker is showcasing the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service. Amanda Wood is a Senior Federal Advocacy Director in our Washington, DC office. She spends her days in our nation’s capital representing municipal, corporate, and nonprofit clients on a variety of matters. Fun-fact: she’s been named a “hired gun” on The Hill’s List of Top Lobbyists.

Q: Explain your practice area and what you do.

A: I’m a federal lobbyist in the DC office and much of the work I do is helping our public agency clients (cities, counties, etc.) as well as the technology companies that do business with public agencies to leverage the extraordinary amounts of federal funding that are available to them for local projects.

Q: How did you know you wanted to get into the field of lobbying?

A: After spending 8 years on Capitol Hill working for Senator Bob Graham, I knew that helping communities navigate DC and form partnerships with the federal government was a passion. I wanted to continue to do that same work after I left the Hill.

Q: What is a significant achievement or milestone in your career that you’re particularly proud of?

A: I can’t think of one specifically, but it sure is satisfying to walk on a beach that I’ve helped to fund for renourishment, drive on roads that were paved using federal dollars, ride on bike paths that benefited from Congressionally-directed spending, and see lives saved using ShotSpotter and other law enforcement technologies in which the US Department of Justice has invested.

Q: What qualities do you admire about the women in your life?

A: The women in my life are some of the most dependable, empathetic, and supportive people I know.  I wish that more of the women in my life were as confident as they should be.  As a mother of two daughters, raising confident, competent, and interesting young women is my greatest pride.

Q: Who is your favorite female historical figure and why?

A: In 1996, as a student at Georgetown University, I had the extraordinary opportunity to have dinner with Katherine Graham at her home. Katherine Graham was the first female publisher of a major American newspaper after she took the helm of the Washington Post Company in 1963 after the death of her husband. Graham was also the first female CEO of a Fortune 500 company after taking the company public in 1972 and in 1971, she oversaw the publication of the Pentagon Papers and coverage of the Watergate scandal. She was a groundbreaking leader — powerful and bright and charming — and I really admire her.

Q: What obstacles do women still face today?

A: Honestly, so many of us face exhaustion and the limits of a twenty-four-hour day.  There are so many more opportunities for women to advance professionally, but for those of us that also want to dedicate as much time as possible to our families and our homes and a have a mind overwhelmed with to-do lists from every facet of our life, it’s really tiring.

Q: What is something you would like the next generation of women to know?

A: Make finding a fantastic partner in life and starting a family a priority.  I am a better professional, parent, and person because I have had my husband by my side since I met him as a 19 year old college sophomore.  And there is never a “good time” to have children, but they will be your greatest accomplishment and joy – I promise!

Q: What advice would you give your younger self?

A: There will be so many days when juggling your family and work is overwhelming, but you will find both so rewarding, so stick with it! You are a great role model for your daughters.

UPDATE: Dryer Vent Regulations Are Being Enforced by the Local Fire Safety Officials

Hopefully, everyone is aware that most Associations’ insurance Companies have been recommending/requiring regular dryer vent cleaning and/or repair (usually every two (2) or three (3) years). Many associations have adopted Resolutions that govern when Owners must perform cleanings and inspection and engage professionals to make needed repairs to the dryer vents to prevent fire hazards.   Additionally, every home/unit owner and resident should be concerned with birds from flying into and nesting in their dryer vents since fires have occurred when lint and other items, such as nests for birds and rodents, have been stuck in the dryer vent.  They can also be the source of parasites and hazardous pathogens when left unattended or cleaned.  Such conditions can create serious fire hazards, placing Homes/Units in jeopardy. To help prevent these hazards there are rules and regulations that homeowners should follow to avoid risk of substantial harm to persons and property.

Starting in October of 2023, town fire safety officials started contacting community managers and Boards to advise that they were starting to enforce Section 504 of the 2021 International Mechanical Code, which states in pertinent part that: “Dryer exhaust ducts for clothes dryers shall terminate on the outside of the building and shall be equipped with a backdraft damper.” and “Screens shall not be installed at the duct termination.” Additionally, some municipal Fire Prevention officers, in consultation with their Construction office, have determined that section 504.4 also prohibits “cages” from being installed over the dryer vents. Thus requiring items like open plastic cages and smaller aperture wire meshes to be removed immediately from dryer vents due to the fire safety problems they have determined are inherent in those systems.  Further, section 504.1 states that dryers “shall be exhausted in accordance with the manufacturer’s instructions.” Since most major dryer vent manufactures prohibit cages, all managers should immediately have an inspection performed by a professional to look at the dryer vent covers on each Unit/Home and notify the homeowners of the need for removal of the obstruction.

There are certain types of vents that sufficiently allow for the required vent airflow, but also prevent debris, birds and rodents from entering the vent duct itself.

A vent cover that has been pre-approved in at least one municipality is represented in the picture below, which can also be viewed here. In addition, a copy of the entire Section 504, entitled “Clothes Dryer Exhaust”, is attached for your reference and can be viewed here, which also addresses items such as the prohibition now of booster fans. (Section 504.6)

It is important for associations to consult with their legal counsel to determine the responsibilities for compliance with Section 504.6 and to prevent the imposition of any applicable fines for non-compliance.

Becker Celebrates Women’s History Month: Meet Kaylin Martinelli

In celebration of Women’s History Month, Becker is showcasing the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service. Kaylin Martinelli is an attorney in our Orlando office. She focuses her practice on Construction Law & Litigation, with an emphasis on construction defect litigation.

Q: Explain your practice area and what you do.

A: I am a construction defect attorney, which basically means that we sue developers (although not exclusively) for defectively built communities. That may include townhomes, condominiums, roadways, stormwater systems, pools… pretty much anything the HOA/COA is responsible for maintaining, and sometimes more. A home is typically the largest purchase/investment a person makes, so it makes me incredibly sad to go out to communities where people suffer from extensive roof leaks, stucco cracks, drainage issues, etc. Unfortunately, it seems to be a growing problem.

Q: How did you know you wanted to practice law?

A: I knew from around age 5 that I wanted to be an attorney and never wavered from it. I have no idea who planted that occupation in my head – maybe my parents. Either way, it was not a decision I was actually cognizant of – I just sort of pronounced that I was going to be an attorney and here I am.

Q: What is a significant achievement or milestone in your career that you’re particularly proud of?

A: Our team is actively achieving an outstanding recovery for one of our clients- the largest of my carrier to date at more than 80% of the damages we asserted. That is significantly higher than an average recovery, which bodes extremely well for our clients!

Q: What qualities do you admire about the women in your life?

A: The absolute tenacity and grit they have. I think women have an uncanny ability to get things done.

Q: Who is your favorite female historical figure and why?

A: It’s cliché, but probably Ruth Bader Ginsburg – for a lot of reasons. First and foremost, she was a tremendous advocate for gender equality and worked tirelessly towards that goal. If you have not watched the 2018 documentary on her life, I highly recommend it. Second, she was great friends with Antonin Scalia, her SCOTUS opposite, and a rather polarizing figure at times. Folks today could stand to be more like her in that way. Lastly, every opinion I have ever read from her has been exceptional. Whether I agreed with her on a particular issue or not, her logic and reasoning were always incredibly sound and consistent.

Q: What obstacles do women still face today?

A: This certainly crosses gender lines as an issue, but at my current life stage, I see a lot of women struggling with work-life balance as an obstacle. While I’m not there yet, I am already nervous about how on earth I am going to juggle having children in addition to my career, marriage, other important relationships, dogs, physical health (the gym), sleep, etc. Women have been doing it for centuries though, so I suppose I will figure it out just as they did.

Q: What is something you would like the next generation of women to know?

A: I hope every woman gets to be exactly what she deserves to be.

Q: What advice would you give your younger self?

A: My dad always told me life is easy, you literally just have to “not die” and you’re succeeding. That’s it: just don’t die. With some exceptions, everything else is fixable, can be overcome, or is temporary. That took a while to resonate with me and I wish it would have sooner. My advice would be to listen to him.

Becker’s Washington Weekly: Week of March 18

Another Shutdown Showdown

Lawmakers return to Washington this week ahead of another potential government shutdown on Friday for roughly three-quarters of the federal government.

The deadline is the second out of the two-tiered government funding stopgap Congress passed in recent weeks, splitting funding deadlines into two dates for different portions of the federal government.

Congress cleared the first deadline earlier this month, but at risk of shutting down in this week’s deadline include the Departments of Defense, State, Homeland Security, Labor, Health and Human Services, and others. Negotiations on the bills funding those departments continued throughout the weekend, but no agreement has emerged publicly.

In the meantime, House lawmakers will take up additional bills under expedited procedures, including several foreign policy items such as sanctions, arms and data embargoes, passport processing, and embassy construction. The House is also set to move several energy-related bills through regular order.

Lawmakers will also hold a number of committee hearings this week, including the following:

  • The House Ways & Means Committee will discuss how to bolster access to healthcare in America
  • The House Appropriations Committee will hear testimony from various Biden Administration officials on the President’s FY25 budget request
  • The Senate Environment and Public Works Committee will examine PFAS contamination in America
  • The House Oversight and Accountability Committee will examine the White House’s approach to AI

“Candidates May Vote For Themselves” – News-Press

Q: My condominium association has a five-member board of directors. At our upcoming annual meeting, there will not need to be an election as there are three open seats and three candidates. However, the question has arisen as to how to conduct the organizational meeting to be held following the annual meeting where the board will elect its officers. We understand that for the election of the officers, the board would be the ones who vote and that a board member would have to make a nomination to nominate someone for a particular office. That nomination would have to be seconded, and then the members of the board would vote. However, a question has come up as to whether the member nominated for a particular office can vote for themselves when the vote of the board members is taken. Can you please clarify? (P.A., via e-mail)

A: Yes, the member nominated for a particular office has the right to vote for themselves. Nominations do not require a second.

There is no limitation on a board member’s ability to vote for themselves in the appointment of officers, typically a president, a vice president, a secretary, and a treasurer. Additionally, the election of officers by the board is the only time board members are permitted to vote by secret ballot, as stated in Section 718.111(1)(b) of the Florida Condominium Act.

Therefore, at your organizational meeting, every director has the right to vote for anyone nominated for a particular office, including themselves.

Q: At our recent condominium association election, three seats were open, and six candidates were running. For the third seat, the vote was tied between two candidates. How do tie-breakers work? (G.K., via e-mail)

A: Rule 61B-23.0021(10)(c) of the Florida Administrative Code states that when two or more candidates for the same position receive the same number of votes, which would result in one or more of the candidates not serving on the board or serving a shorter time period, the association shall hold a run-off election unless the bylaws provide otherwise.

The board must deliver notice of the run-off election within seven days of the meeting, and the run-off election must be held no less than 21 and no more than 30 days after the original election date.

Some bylaws provide that tied elections will be decided by random chance, such as flipping a coin, or that the run-off will be held only if the candidates cannot agree amongst themselves who gets the seat.

Q: I am the manager of a small condominium community and am getting ready to mail the ballots and paperwork for the board election. To put it politely, one of the candidates is well known for disagreeing with many people and many decisions. The resume she included to send out with the balloting contains many very harsh statements about current and past board members, calling them out by name. I am not a lawyer and don’t know if they would be considered slander, but they are very mean and, in my opinion, inaccurate. Is there a rule on this? (V.L., via e-mail)

A: The law allows every candidate to provide a “candidate information sheet” at least 35 days before the election. The content of the candidate information sheet must be limited to one side of an eight-and-one-half-inch by eleven-inch sheet of paper.

Section 718.112(2)(d)4a of the Florida Condominium Act states that the association is not responsible for the document’s contents. Rule 61B-23.0021(7) of the Florida Administrative Code states that the association may not edit, alter, or otherwise modify the document’s content.

Therefore, I believe that any libel (the technical term for written defamation) would be the candidate’s risk, not the association’s. However, to my knowledge, this issue has not been decided in the appellate courts.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

Becker Celebrates Women’s History Month: Meet Mary Hawk

In celebration of Women’s History Month, Becker is showcasing the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service. Mary Hawk is a shareholder in our Bradenton, FL office. She focuses her practice in the areas of general representation and dispute resolution for condominium, homeowner, cooperative, and mobile home associations.

Q: Explain your practice area and what you do.

A: I am a community association attorney for Florida condominiums, homeowner associations, cooperatives, and mobile home parks. I advise associations on legal issues and matters concerning the association. I also enjoy writing articles and teaching about the practice area.

Q: How did you know you wanted to practice law?

A: I resisted it for a long time because my mother was a family law attorney and that was an area of law I knew I did not want to practice. Eventually, I came to accept the inevitable and learned there are lots of other practice areas out there.

Q: What is a significant achievement or milestone in your career that you’re particularly proud of?

A: I feel like being recruited to join Becker was a significant achievement! I am also proud of when my mother and I went to Washington D.C. and were both sworn in to practice in the United States Supreme Court.

Q: What qualities do you admire about the women in your life?

A: My family is full of what my husband calls “strong-willed women.” I am proud to be one of them. Women in my family have overcome some unimaginable tragedies and persevered and thrived.

Q: Who is your favorite female historical figure and why?

A: I admire Billie Jean King, who championed for women’s tennis and achieved equal prize money for women 50 years ago. She continues to advocate for women of all backgrounds and orientations.

Q: What obstacles do women still face today?

A: I really have not experienced obstacles in my professional career. I do think women still tend to over-achieve due to the perception that they are at a disadvantage.

Q: What is something you would like the next generation of women to know?

A: They need to be accepting of all people, learn how to compromise, and resist hate. And to raise their children to do the same. They will be the next generation of leaders.

Q: What advice would you give your younger self?

A: Don’t work so hard, and don’t rush through college, enjoy it.

Becker’s State Lobbying Update: Week 9

Becker’s End of Session Spotlight

Welcome to Becker’s End of Session Spotlight! As your trusted lobbyists we are proud to provide you with the latest developments in politics and policy in Tallahassee. As the 2024 Legislative Session comes to a close, here is what happened in Tallahassee during Week 9 (March 4 – March 8).

Headliners

Sine Die

Congratulations!!  We’ve made it to the end of the 2024 Legislative Session where both Chambers adjourned sine die at 2:25 p.m. on Friday, March 8th.  This year, the following business was conducted:

  • 1,957 Bills and Proposed Committee Bills (PCBs)filed
  • 2,196 Amendments filed
  • 3,051 Votes taken
  • 43 Floor Sessions
  • 324 Bills passed both chambers

“Hot Topics” from 2024 Legislative Session

Budget

The 2024 Budget process began early this year with the House and Senate presenting their proposed budgets within the 3rd week of the legislative session.  The House proposed a $115.5 billion budget and the Senate proposed a $115.9 billion budget.  Each chamber’s budget is more than the proposed $114.4 billion presented by Governor DeSantis.  On February 26, the House and Senate $40,015.8 billion in General Revenue that was distributed in various program areas such as $15 million for PreK-12 Education, $6 million for Higher Education, $16 million for Health Care/ Health and Human Services, $6 million for Criminal and Civil Justice, $744 million for Infrastructure, Transportation, Tourism and Economic Development, $1.3 million for Agriculture and Natural Resources, $662.8 million for State Administration and Technology, and $942.4 million for statewide issues.  Budget conference began on February 26 and continued through the week and weekend, concluding on Monday, March 4th.  On March 5th, the agreed upon $117.4 billion spending plan was filed, kicking off the 72-hour “cooling off” period countdown before a vote can take place.  Members were able to vote on the budget on the last day of the legislative session, Friday, March 8th.

The budget sets out $500 million for state debt, $500 million for a state Emergency Preparedness and Response Fund, increased salaries for state employees by 3% as well as increasing K-12 spending by 2.75% per student.  In addition, the budget includes more than $245 million for Medicaid provider rate increases and $100 million for upgrades to prisons.  The budget is now headed to Governor DeSantis desk where he has line-item veto power.  It is scheduled to take effect on July 1, 2024.

Culture

HB 187 – Antisemitism by Representative(s) Gottlieb and Fine
SB 148
– Antisemitism by Senator Berman

HB 187 by Representative(s) Gottlieb and Fine establishes a new state statute to define ‘antisemitism’ in wake of the October 7 attack in Israel. The definition will emulate that of the International Holocaust Remembrance Alliance (IHRA) which has developed a working definition of antisemitism to assist governments, organizations, and individuals in their efforts to identify anti-Semitic attacks and discrimination. HB 187 defines antisemitism as a “certain perception of Jewish individuals which may be expressed as hatred towards such individuals”. The bill also lists examples of antisemitism which include, but are not limited to, justifying the killing, or harming of Jewish individuals in the name of a radical ideology, accusing Jewish people of inventing or exaggerating the Holocaust, and more. HB 187 passed the House with a vote of 113 Yeas and 3 Nays. The Senate companion, SB 148 by Senator Berman, was substituted for the House version before favorably passing the Senate with a vote of 40 Yeas and 0 Nays. The bill favorably passed in the House with a vote of 115 Yeas and 0 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

Technology

HB 1 – Online Platform for Minors
HB 3 – Online Protections for Minors

HB 1 would have prohibited kids under 16 from having social media accounts and added age verification requirements to make it harder for kids to view online pornography.  Governor DeSantis vetoed the bill on March 1, 2024.

HB 3 enforces online protections for minors by regulating social media platforms and online content.  The bill defines terms related to social media platforms and account holders, focusing on minors and their online activities.  It requires social media platforms to prevent minors under 14 from creating accounts and mandates the termination of existing accounts for those minors. It also imposes parental consent requirements for minors aged 14 and 15 to have social media accounts.  This bill also mandates the permanent deletion of personal information once a minor’s account is terminated and establishes civil penalties for platforms that knowingly or recklessly violate the act. HB 3 was heard in the Senate where an amendment was adopted on second reading.  On third reading, the bill favorably passed with a vote of 30 Yeas and 5 Nays. The House concurred with the Senate’s amendment and passed the bill favorably with a vote of 109 Yeas and 4 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

Education

HB 1291 – Educator Preparation Programs by Representative Snyder
SB 1372 
– Educator Preparation Programs by Senator Ingoglia

HB 1291 by Representative Snyder prohibits educator and school leader preparation programs from including curriculum that distorts historical events or teaches identity politics, violates the Florida Educational Equity Act, or is based on theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States were created to maintain social, political, and economic inequities.  This bill requires teacher preparation courses to provide opportunities for candidates to think critically, achieve mastery of academic content, learn instructional strategies, and demonstrate competence.  These prohibitions and requirements extend to postsecondary educator preparation institutes, professional learning certification programs, and school leader preparation programs. HB 1291 successfully passed in the House with a vote of 81 Yeas and 31 Nays.  An amendment was filed in the Senate by Senator Jones that failed on second reading.  The bill favorably passed on third reading with a vote of 28 Yeas and 12 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.  Its Senate companion, SB 1372, passed all committees of reference and was placed on the calendar for second reading where it was substituted for HB 1291.
Status: PASSED

HB 931 – School Chaplains by Representative (s) McClain and Daniels
SB 1044 
– School Chaplains by Senator Grall

HB 931 by Representative(s) McClain and Daniels authorizes each school district school board or charter school governing board to adopt a policy to authorize volunteer school chaplains to provide supports, services, and programs for students.  This bill requires policies to define the possible supports, services, or programs provided by chaplains.  The bill mandates that principals of schools with a volunteer school chaplain inform all parents of the available chaplain services and requires written consent before a student can participate in or receive these services. Also, the bill allows parents to choose a chaplain for their child from a list indicating each chaplain’s religious affiliation.  Volunteer chaplains must meet the background screening requirements detailed in Fla. Sta. 1012.465.  After much debate, HB 931 successfully passed in the House with a vote of 89 Yeas and 25 Nays and in the Senate with a vote of 28 Yeas and 12 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024. Its Senate companion, SB 1044, passed all committees of reference and was placed on the calendar for second reading where it was substituted for HB 931.
Status: PASSED

“Deregulation Package”

SB 7000 – Deregulation of Public Schools/Instructional, Administrative, and Support Personnel by Senator (s) Calatayud and Osgood.

SB 7000 by Senator(s) Calatayud and Osgood builds on the deregulation of public schools provisions in House Bill 1 (Ch. 2023-16, Laws of Fla.) and provides district schools additional authority related to teacher certification and training, instructor contracts and salary schedules, personnel evaluations, and collective bargaining.  This bill allows district school boards to determine policy based on Department of Education guidelines and updates the frequency of required information submissions to the department. It also directs the State Board of Education to develop strategies to tackle critical teacher shortages. The bill updates requirements for performing evaluations of district school superintendents and includes provisions for student performance in evaluation criteria. It adjusts qualifications for teachers without degrees of career programs and revises requirements for school bus drivers, including mandatory training in CPR and first aid. It also eliminates a provision related to adjunct teaching certificates. Lastly, the bill requires the Commissioner of Education to recommend strategies to the Governor and Legislature regarding exceptional student education instructional personnel. SB 7000 unanimously passed the Senate floor and was immediately certified; however, the bill was never heard on the House floor as it died in Messages.
Status: FAILED

SB 7002 – Deregulation of Public Schools by Senator(s) Calatayud, Hutson, and Osgood

SB 7002 by Senator (s) Calatayud, Hutson, and Osgood builds on the deregulation of public schools provisions in House Bill 1 (Ch. 2023-16 Laws of Fla.) and removes unnecessary and burdensome regulation on school districts to advance efficient administrative processes, enhance facilities management, and simplify financial requirements.  The bill introduces changes in advertising requirements for school district budgets, emergency management responsibilities, signage on school buses, and public notice for district school board meetings.  It revises superintendent toles, parental notification for student placement and suspension, and training timelines for prekindergarten instructors.  The bill also permits school boards to develop parental notification policies, adjusts financial reporting for school districts, exempting them from certain electronic fund transfer requirements, and mandates website publication of tentative budgets. Lastly, the bill revises requirements for participating in the Teacher Apprenticeship Program and the validity of adjunct teaching certificates.  SB 7002 unanimously passed on third reading in the Senate with a vote of 39 Yeas.  In the House, an amendment was adopted on second reading and the bill unanimously passed in the House with a vote of 115 Yeas.  The bill returned to the Senate with the newly adopted amendment and unanimously passed with a vote of 38 Yeas. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

SB 7004 – Deregulation of Public Schools/Assessment and Accountability, Instruction, and Education Choice by Senator (s) Osgood and Simon

SB 7004 by Senator (s) Osgood and Simon amends and repeals various sections of Florida statutes related to education, making significant changes to tuition fees, performance evaluation, virtual instruction, early learning, assessment procedures, and instructional materials.  This bill removes the requirement for the state board to identify metrics and develop plans relating to the Florida College System.  It modifies virtual instruction program requirements, including deleting the nonsectarian requirement for virtual instruction program providers.  The bill also removes the requirement for academically high-performing school districts to submit an annual report to the state board.  SB 7004 unanimously passed the Senate with a vote of 39 Yeas and was immediately certified.  In the house, an amendment was adopted on second reading and the bill unanimously passed on third reading with a vote of 117 Yeas. The bill returned to the Senate with the newly adopted amendment and unanimously passed with a vote of 38 Yeas.  The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

HB 1473 – School Safety by Representative Trabulsy
SB 1356
 – School Safety by Senator by Senator Calatayud

HB 1473 by Representative Trabulsy addresses school safety through various measures, revisions, and new provisions related to school guardian programs, school safety reporting, drone operation restrictions over schools, and requirements for emergency procedures and school safety instruction. The bill assigns private schools the responsibility for covering costs linked to school guardian programs while allowing sheriffs to waive these costs. The bill establishes penalties for drone operation over public and private schools, including potential criminal charges for unauthorized video recording. The bill also mandates district school boards and charter schools to provide instruction on the use of a mobile suspicious activity reporting tool to students each school year. An amendment was filed by the Senate to add an exemption to the bill that requires school campus gates to be locked and closed. Its Senate companion, SB 1356 by Senator Calatayud, was substituted by HB 1473 which favorably passed in the Senate and the House with a vote of 39 Yeas and 0 Nays and 112 Yeas and 0 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

HB 1403 – School Choice by Representative Tomkow
SB 7049
– Education by Senate Education PreK-12 Committee

HB 1403 by Representative Tomkow is seeking to implement new limits on how voucher money can be spent by establishing firm deadlines for Scholarship Funding Organizations and implementing purchasing guidelines for recipients who received a Family Empowerment Scholarship for students with disabilities. The bill also calls for restricting the purchase of materials to only expenses associated with English, Reading, Social Studies, Science, and Math. An amendment filed by the Senate which broadens the usage of scholarship funds and clarifies the terms for scholarships and the responsibilities of relevant entities. The bill passed in the Senate with a vote of 40 Yeas and 0 Nays. The House concurred with the amendment and the bill favorably passed with a vote of 89 Yeas and 18 Nays. Its Senate companion, SB 7049, was read a second time and substituted for HB 1403. HB 1403 has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

Healthcare

“Live Healthy”
SB 7016
– Health Care by Health Policy by Senator Burton
SB 7018 – Health Care Innovation by Health Policy by Senator Harrell

SB 7016 and SB 7018, collectively known as “Live Healthy, were a top priority of Senate President Kathleen Passidomo. The initiative aims to revise and support healthcare innovation, health care workforce, healthcare services, health care education, and Medicaid.  SB 7016 led by Senator Burton allocates $737 million to various programs such as increasing positions for graduate medical students and providing incentives for health care professionals to work in rural areas.  Through a favorable amendment, roughly $96 million of Medicaid spending was cut and requirements for hospitals to have nonemergent care access plans were modified.  The health care screening grant program was renamed in honor of President Passidomo’s parents and provides grants to support nonprofit entities in providing screenings and services for the public.  Also, SB 7016, expands the number of medical residency slots by 500 to increase the number of physicians in the state. It also establishes the Training, Education, and Clinicals in Health (TEACH) Funding Program to increase clinical opportunities.  The House companion, HB 1549 by Representative Grant, was substituted for SB 7016. SB 7018 by Senator Harrell focuses on renovating Florida’s healthcare system by creating a healthcare innovation Department will fund a loan program that allocates $50 million for applicants in the state to achieve revolutionary healthcare discoveries that will change the system. Both SB 7016 and SB 7018 unanimously passed in the Senate with a vote of 39 Yeas and 0 Nays. The bills favorably passed in the House with a vote of 117 Yeas and 1 Nays. On March 12th, SB 7016 and SB 7018 were signed by Officers and present to the Governor who must act on this bill by March 27, 2024.
Status: PASSED

HB 201 – Emergency Refills of Insulin and Insulin-related Supplies or Equipment by Representative Bell
SB 516 – Emergency Refills of Insulin and Insulin-related Supplies or Equipment by Senator Rodriguez

HB 201 introduced by Representative Bell expands the current law on emergency insulin refills. In the event that a pharmacist is unable to readily obtain refill authorization from a prescriber, the pharmacist is allowed to dispense an emergency refill of insulin and insulin-related supplies or equipment to treat diabetes up to three nonconsecutive times per calendar year. This bill also makes conforming changes to the Florida Comprehensive Drug Abuse Prevention and Control Act. HB 201 favorably passed in the House with a vote of 118 Yeas and 0 Nays. Its Senate companion, SB 516 by Senator Rodriguez, was substituted for HB 201, and then favorably passed in the Senate with a vote of 40 Yeas and 0 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

Agriculture

HB 1613 – Hemp by Representative Gregory
SB 1698
– Food and Hemp Products by Senator Burton

HB 1613 by Representative Gregory modifies the definition of “hemp” and clarifies that it excludes both naturally and synthetically occurring versions of controlled substances, such as delta-8 THC. This measure aims to prevent the marketing of hemp products to children and prohibits the use of packaging featuring animals, toys, unique shapes, animations, or promotional characters. The bill also tightens the regulations for the sale or manufacturing of hemp extract by prohibiting event organizers from promoting non-compliant products. Additionally, the bill appropriates $2 million in non-recurring funds to buy testing equipment. HB 1613 passed favorably in all three committees of reference and was substituted by the Senate companion, SB 1698 by Senator Burton. An amendment filed by the House modified the definition of “attractive to children” to remove the addition of any flavoring for hemp extract intended for inhalation. It increased the limit for delta-9 hemp extract to 5 milligrams per serving and 50 milligrams per container. The Senate concurred with the amendment and the bill favorably passed with a vote of 39 Yeas and 0 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on October 1, 2024.
Status: PASSED

Insurance

HB 1213 – Windstorm Coverage by Citizens Property Insurance Corporation by Representative(s) Roach and Cassel

HB 1213 by Representative(s) Roach and Cassell aims to revise windstorm coverage policies and procedures through a new act focusing on Citizens Property Insurance Corporation.  This bill removes provisions relating to windstorm risk apportionment plans among property insurers.  It requires Citizens Property Insurance Corporation to make windstorm coverage available to homeowners for any residential structures.  The bill specifies requirements for windstorm coverage, including availability for commercial residential structures and construction requirements.  The bill also authorizes homeowners to obtain windstorm coverage from specific insurance agents, provided underwriting and administering requirements are met. The bill was referred to three committees of reference and was never heard in any. This bill will most likely be revisited during the upcoming legislative session.  No Senate companion was filed.
Status: FAILED

Real Estate and Housing

SB 278 – Estoppel Certificates by Senator Martin
HB 979
– Estoppel Certificates by Representative Persons-Mulicka

SB 278 by Senator Martin repeals the statutory authority of a condominium, cooperative, or homeowners’ association to charge a fee for the preparation and delivery of an estoppel certificate. This bill would prohibit community associations from charging a fee for the production and delivery of estoppel certificates and requires an association to furnish the estoppel certificate within ten business days after a request is made. An estoppel certificate is loosely defined as a legal document that prohibits someone, usually a tenant, from later claiming different facts or terms regarding an agreement such as a lease. An amendment was proposed by the House, and it failed. The House companion, HB 979 by Representative Persons-Mulicka was substituted by SB 278 before favorably passing the House with a vote of 115 Yeas and 0 Nays and died in returning messages. With the legislature adjourning sine die, both versions of the bill have died.
Status: FAILED

Civil and Criminal Justice

HB 21 – Dozier School for Boys and Okeechobee School Victim Compensation Program by Representative(s) Salzman and Michael
SB 24
– Dozier School for Boys and Okeechobee School Victim Compensation Program by Senator Rouson

HB 21 by Representative(s) Salzman and Michel establishes the Dozier School for Boys and Okeechobee School Victim Compensation Program for victims of abuse between 1940 and 1975.  The bill requires the Department of Legal affairs to accept, process, and decide on compensation claims.  It stipulates application procedures including provision of personal details, evidence of confinement, and abuse during confinement.  A deadline for applications to be submitted is set for no later than December 31, 2024.  The bill also authorizes a one-time payment to approved applicants, subject to appropriation, with each receiving an equal share of the appropriated funds. It allows the commissioner of Education to award a standard high school diploma to compensated persons who haven’t met graduation requirements.  Lastly, the bill allocates $20 million from the General Revenue Fund for the 2024-2025 fiscal year to support the program. HB 21 unanimously passed the House with a vote of 116 Yeas. It also passed the Senate with a vote of 36 Yeas. Its Senate companion, SB 24, was read a second time and substituted for HB 21. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

HB 1181 – Juvenile Justice by Representative Jacques
SB 1274
– Juvenile Justice by Senator Martin

HB 1181 by Representative Jacques amends several statutes relating to the Department of Juvenile Justice (DJJ), the juvenile justice system, and juvenile firearm possession and use. The bill revises penalties for minors making a first illegal firearm charge for a juvenile a felony instead of a misdemeanor. The bill also establishes conditions for holding a child in secure detention before an adjudicatory hearing for specified offenses, presuming the child poses a risk to public safety. The bill was amended to authorize DJJ staff to utilize canine units on the grounds of a juvenile detention facility or commitment program to locate and seize contraband and ensure security within such a facility or program. Its Senate Companion, SB 1274 by Senator Martin, was substituted for HB 1181. An amendment was filed by the Senate to revise the penalties for minors committing specified firearms violations and mandate fingerprinting for minors involved in certain offenses. The bill favorably passed with a vote of 39 Yeas and 0 Nays. The House concurred with the amendment and favorably passed with a vote of 84 Yeas and 25 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

Local Administration

HB 1365 – Unauthorized Public Camping and Public Sleeping by Representative Garrison
SB 1530 – Unauthorized Public Camping and Public Sleeping by Senator Martin

HB 1365 by Representative Garrison that creates s. 125.0231, F.S., to prohibit homeless people from camping and sleeping on public property.  The bill defines “public camping or sleeping” and exempts certain situations like sleeping on legally parked motor vehicles or recreational camping on designated property.  It also prohibits counties and municipalities from authorizing public camping or sleeping on public property without Department of Children and Families certification.  Under this bill, counties and municipalities could only allow the homeless to camp out in specifically designated areas for up to a year, allowing them to stay in those areas rather than other parts of the community.  Counties are required to establish and maintain standards for safety, sanitation, access to behavioral health services, and prohibition of illegal substance and alcohol use on designated properties. Lastly, this bill declares the regulation of public camping and sleeping serves an important state interest.  On second reading, an amendment was adopted that indicates that this act shall take effect January 1, 2025.  The bill was read a third time and favorably passed the House with a vote of 82 Yeas and 26 Nays. The bill successfully passed in the Senate with a vote of 27 Yeas and 12 Nays. These provisions will take effect on October 1, 2024 unless otherwise stated in this bill.  The Senate companion, SB 1530, was read a second time and substituted for HB 1365. On March 12th, HB 1365 was signed by Officers and present to the Governor who must act on this bill by March 27, 2024.
Status: PASSED

HB 433 – Employment Regulations by Representative Esposito
SB 1492 – Employment Regulations by Senator Trumbull 

HB 433 by Representative Espositio prohibits political subdivisions from enacting wage or employment benefit requirements beyond state or federal mandates.  This bill removes the ability of local governments to require a minimum wage for certain employees under the terms of a contract and provides that the bill’s revisions to Florida’s wage and employment benefits law do not impair any contract entered into before September 30, 2026.  This bill prevents political subdivisions from favoring businesses based on their wage structures or employment benefits in competitive solicitation processes.  It also bars local governments from imposing regulations on private employer scheduling practices unless federally required or authorized.  Both chambers amended the bill several times. The bill passed favorably in the Senate with a vote of 24 Yeas and 15 Nays.  In the House, the bill passed favorably with a vote of 74 Yeas and 36 Nays. Its Senate companion, SB 1492, was substituted for HB 433 on second reading. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.

SB 438 – Term Limits by Senator Ingoglia
HB 57 – County Commissioner Term Limits by Representative Salzman

SB 438 by Senator Ingoglia will require county commissioners to only serve a term limit of 8 years. After that term has expired, it will be another two years till a candidate can run for a different district seat or at-large county commission seat. This bill affects term limits of offices that began on and after November 8, 2022.  Future referendums related to term limits of country commissioners will be prohibited unless a county rejected the referendum at the 2024 general election and seeks to have voters choose whether they want term limits for country commissioners in the future. SB 438 favorably passed each committee of reference but was not scheduled for its second reading. Its House companion, HB 57 by Representative Salzman, was not scheduled for its second reading. With the legislature adjourning sine die, both versions of the bill have died.
Status: FAILED

SB 104 – Municipal Water and Sewer Utility Rates by Senator Jones
HB 47 – Municipal Water and Sewer Utility Rates by Representative Robinson

SB 104 by Senator Jones revises how municipalities can charge their customers based on location within and outside the municipality’s boundaries. Any municipality operating a water or sewer utility may charge the same rate, fees, and charges as consumers inside the municipal boundaries. The municipality may add a surcharge of no more than 25 percent to the consumers outside the boundaries. All rates, fees, or charges may not exceed 50 percent more than the total amount the municipality charges customers served within the municipality for the corresponding service. These rates may not be fixed until a public hearing allows consumers, tenants, and others interested to be heard concerning the rates. SB 104 received unanimous support from the Regulated Industries and Community Affairs Committees. The bill died in its final committee of reference, Rules. Its House companion, HB 47 by Representative Robinson, was not scheduled for its second reading. With the legislature adjourning sine die, both versions of the bill have died.
Status: FAILED

HB 479 – Alternative Mobility Funding Systems by Robinson (W)
SB 688 – Alternative Mobility Funding Systems by Senator Martin

HB 479 by Representative W. Robinson revises provisions concerning impact fees and concurrency and provides additional guidance concerning mobility fees. The bill defines “mobility fee” and “mobility plan” to be used within the Community Planning Act. The bill also provides that local governments adopting and collecting impact fees by ordinance or resolution must use localized data available within the previous 12 months of adoption for the local government’s calculation of impact fees. HB 479 favorably passed in the House with a vote of 115 Yeas and 0 Nays. The bill was substituted for its Senate Companion, SB 688 by Senator Martin, which favorably passed in the Senate with a vote of 39 Yeas and 1 Nay. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

HB 481 – Building Construction Regulations and System Warranties by Representative Maggard
SB 612
– Building Construction Regulations and System Warranties by Senator Hooper

HB 481 by Representative Maggard restructures regulations by expanding the extent of work that HVAC contractors do to include specified line-side repairs or replacements and the repair of specified components for dedicated HVAC circuits under certain conditions. This bill will bar the conditioning of an HVAC system warranty on product registration and designates the entire length of such a warranty’s coverage term to begin on the data a licensed contractor installs the system. HB 481 favorably passed in the House with a vote of 117 Yeas and 0 Nays. The bill was then substituted for the Senate companion, SB 612 by Senator Hooper, before favorably passing the Senate with a vote of 40 Yeas and 0 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

SB 812 – Expedited Approval of Residential Building Permits by Senator Ingoglia
HB 665
– Expedited Approval of Residential Building Permits by Representative McClain

SB 812 by Senator Ingoglia requires counties with more than 75,000 residents and municipalities with 30,000 residents or more to create a program to expedite the issuing of residential building permits based on an introductory plat and to issue the number of building permits by October 1, 2024. Local governments must update their expedited building permit program with the increased number by December 31, 2027. This requirement must conform to the Florida Building Code and require a local building official and a local governing body to mail a signed, certified letter with specific information to the Department of Business and Professional Regulation and the Department of Commerce. The bill passed favorably with a vote of 40 Yeas and 0 Nays. The House companion, HB 665 by Representative McClain, was substituted for SB 812 which favorably passed in the House with a vote of 89 Yeas and 25 Nays. SB 812 has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect upon becoming a law.
Status: PASSED

SB 280 – Vacation Rentals by Senator DiCeglie
HB 1537
– Vacation Rentals by Representative Griffits

SB 280 by Senator DiCeglie revises the regulation of short-term vacation rental platforms like Airbnb and VRBO. Current law does not allow local laws, ordinances, or regulations that prohibit vacation rentals or to regulate the duration or frequency of the rental of vacation rentals. The bill preempts the regulation of advertising platforms to the state and defines “advertising platform.” In addition, under this bill, a local government may require vacation rentals to be registered and they may charge a reasonable fee for registration. If there is an issue with that registration, the owner could be fined up to $500. The bill also states that the maximum overnight occupancy of a vacation rental cannot exceed two persons per bedroom, plus an additional two persons in one communal area. Its House companion, HB 1537 by Representative Griffits, was substituted for the Senate version. An amendment was filed by the House to revise several provisions listed in the bill such as providing for the payment of taxes by the operator listing a vacation rental with an advertising platform, and to “grandfather” any county law initially adopted before January 1, 2016, and several other alterations included within the amendment. The Senate concurred with the amendment and SB 280 favorably passed with a vote of 23 Yeas and 16 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

HB 1195 – Millage Rates by Representative Garrison
SB 1322
– Millage Rates by Senator Ingoglia

HB 1195 by Representative Garrison restricts specific increases in millage rates unless approved by a two-thirds vote of a governing body of a county, municipality, or independent special district unless circumstances allow for it. The bill passed favorably in each committee of reference. The bill was amended to clarify the language of a two-thirds majority vote required to increase the millage rate from the previous year’s millage rate. HB 1195 favorably passed with a vote of 85 Yeas and 21 Nays. It is currently in messages for the Senate. Its Senate Companion, SB 1322 by Senator Ingoglia had favorably passed two committees of reference and was never heard in its last committee of reference, Appropriations thus, it died in committee. With the legislature adjourning sine die, both versions of the bill have died.
Status: FAILED

SB 684 – Residential Building Permits by Senator DiCeglie
HB 267
 – Building Regulations by Representative Esposito

SB 684 by Senator DiCeglie requires governing bodies with 30,000 or more residents to create a program that expedites issuing building permits for residential subdivisions before a final plat is registered with the circuit court clerk by August 15, 2024. Local jurisdictions must reduce their permit fee by 75 percent if a private provider is retained for plan review or building inspection services. The bill was substituted by its House Companion, HB 267 by Representative Esposito, which reduced the time frame that a local government must approve, approve with conditions, or deny a building permit application following the receipt of a completed and sufficient application unless the applicant waives such limitation in writing. In addition, this bill requires local governments to approve applications for multifamily projects within 60 business days and to review completed applications for sufficiency within 10 business days. The bill favorably passed in the Senate with a vote of 36 Yeas and 0 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on July 1, 2024.
Status: PASSED

HB 95 – Yacht and Ship Brokers’ Act by Representative LaMarca
SB 92
– Yacht and Ship Brokers’ Act by Senator Hooper

HB 95 by Representative LaMarca requires the Florida Department of Business and Professional Regulation, precisely the Division of Florida Condominiums, Timeshares, and Mobile Homes to regulate yacht and ship brokers and salespersons. If a person conducts business as a broker or salesperson in another state as their primary profession and carries out the purchase or sale of a yacht under this act, they are not required to obtain a license. However, this exemption only applies if the entire transaction is executed with a licensed broker or salesperson. A person can only qualify as a broker if they have obtained a salesperson license and other requirements. An amendment was filed by the House to amend licensing requirements for yacht brokers and salespersons. HB 95 was substituted by its Senate companion, SB 92 by Senator Hooper. SB 92 favorably passed in the House with a vote of 113 Yeas and 0 Nays. The bill has been enrolled and will soon be presented to the Governor who has 15 days to approve this legislation. If approved by the Governor, or allowed to become law without the Governor’s signature, these provisions will take effect on October 1, 2024.
Status: PASSED

Understanding How to Handle your Association’s Insurance Claim with Public Insurance Adjuster Ken Shriberg

For more episodes of Take It To The Board, click here!


Various types of casualty events, including fires, floods, explosions, windstorms, and even the unavoidable burst water pipe, will likely occur at some point in your community’s lifespan which means your board will have to submit an insurance claim. That process can make your association feel as if you’re going through a second disaster while you’re trying to recover from the first one. Host Donna DiMaggio Berger and guest Ken Shriberg, a public insurance adjuster with a track record for turning underwhelming settlements into substantial lifelines, will arm you with the knowledge to face insurance challenges head-on.

Donna and Ken walk through the hidden damages that can derail recovery efforts, emphasizing the significance of exhaustive inspections and the transformative impact a public adjuster can have on your recovery. They recount real-life tales from the field, illustrating how an eagle-eyed adjuster can turn a modest $2 million claim into a $28 million game-changer, emphasizing the importance of expert evaluations in rectifying overlooked destruction.

Donna and Ken also tackle the often-overlooked challenges that association boards face, from understanding convoluted insurance policies to the art of negotiation, and how these hurdles can impact the rebuilding process. They debunk the 10X sales mentality, advocating for collaboration and exceptional customer service as the cornerstones of a successful recovery. By the episode’s end, you’ll be equipped with a view of how seasoned professionals, from adjusters to attorneys, play a pivotal role in guiding communities through the aftermath of casualty events, ensuring a fair and comprehensive path to restoration.

Conversation highlights include:

  • How the role of an independent public insurance adjuster differs from the insurance company’s adjuster and other professionals in the insurance industry
  • Evaluation tools used to assess the extent of damage in community association insurance claims
  • Challenges and issues community associations often face when dealing with insurance companies after a loss
  • Timeline of a typical community association windstorm claim, from the initial report to the final resolution
  • Red flags or warning signs that community associations should be aware of when dealing with insurance claims
  • Key considerations for boards when selecting an insurance policy and how can they maximize their coverage
  • When it’s time to call in an attorney to pursue a Bad Faith Claim

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunesAmazon Music, Spotify, YouTube, or listen through any podcast streaming app. You can also click here for the full archive.

Becker Celebrates Women’s History Month: Meet LaToya Sheals

In celebration of Women’s History Month, Becker is showcasing the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service. LaToya Sheals is a Senior Government Relations Consultant in Becker’s Government and Lobbying Practice. She has extensive experience in investigating and analyzing legislation and developing public policy on an array of issues such as Healthcare, Education, Transportation, Economic Development, Taxes, and Judicial matters within the State of Florida, Michigan, and Washington, DC.

Q: Explain your practice area and what you do.

A: Government Law and Lobbying – in this area, I provide clients with valuable insight and a deep understanding of the legislative, administrative, and regulatory process. In simpler terms, I consider myself to be a relationship builder, a connector, and an advocate.  It is an honor to help my clients by advocating on their behalf and connecting them with the right people who will help facilitate their needs.

Q: How did you know you wanted to become a lobbyist?

A: Good question.  I began my career in the legislative process as a policy analyst in Michigan while in law school. That work introduced me to the world of reviewing policy and creating laws.  When I returned to Florida, I had the privilege of working in the Florida Senate and I remember saying one day, I wonder what it would be like to be a lobbyist.  I guess you can say I manifested where I am today.  I spoke it into existence, and I am grateful that it came true.

Q: What is a significant achievement or milestone in your career that you’re particularly proud of?

A: During my first legislative session as a lobbyist, I had the honor of helping secure a record $30 million in recurring funds for Florida’s Private Historically Black Colleges and Universities (HBCUs), Edward Waters University, Bethune Cookman University, and Florida Memorial University.  As an HBCU graduate myself, it was an honor to secure those dollars and to see how it has helped the students and the institutions.

Q: What qualities do you admire about the women in your life?

A: I think the thing that really gets me about the awesome ladies in my world is how strong they are.  I mean these women do it all: they’re running the household as wives and most, cooking meals, running businesses, cracking jokes, looking after us when we’re sick, and even teaching us things whether it be about our studies or life.  It’s pretty incredible.  Every now and then, I just take a minute to think about my mom, grandmothers, aunts, godmothers, best friends, and cousins.  Watching them juggle everything is super inspiring. Honestly, if I had to pick one word to describe what I see in them, it would be strength.

Q: Who is your favorite female historical figure and why?

A: Shirley Chisholm because of her contributions to the political world. As the first black woman elected to the United States Congress and later the first black candidate for a major party’s nomination for President of the United States, Shirley Chisholm showed me the greatness that I can achieve in this political world.

Q: What obstacles do women still face today?

A: There are several obstacles that women still face today such as: 1) Gender pay gap; 2) Workplace discrimination and sexism; 3) underrepresentation in leadership; 4) work-life balance; 5) healthcare access and rights.

Q: What is something you would like the next generation of women to know?

A: Understand the significance of your self-worth.  Recognizing your individuality and the unique contributions you offer is fundamental to building resilience and facilitating informed, beneficial professional and personal choices.

Q: What advice would you give your younger self?

A: If I could chat with my younger self, I’d say, “Hey, go with the flow because change is going to happen whether you’re ready or not.  Also, don’t be afraid to shake things up a bit. Taking risks is how you learn and expand your horizons.  Oh, and another thing, relax and give yourself some credit. Trust your gut, have a little faith, and don’t forget to be thankful for the small stuff.”

Becker’s Washington Weekly: Week of March 11

Government Still Open

The House and Senate return to a fully-open Washington, D.C. after lawmakers passed a final appropriations bill fully funding departments set to shut down last Friday – including the Departments of Transportation, Justice, and Commerce – thus ending a drawn-out appropriations process that kicked off this time last year.

Members have one more FY24 bill to pass to fund the remaining portions of the federal government set to shut down next Friday.

In the meantime, the Senate this week will take up judicial nominations while the House will take up several bills under expedited procedures including those dealing with federal property management and a potential domestic ban on the social media app TikTok.

Lawmakers will also participate in several committee hearings this week, including the following:

  • The House Transportation & Infrastructure Committee will discuss disaster readiness and FEMA readiness
  • The Senate Banking, Housing, and Urban Affairs Committee will discuss affordable housing issues
  • The House Foreign Affairs Committee will examine Russia’s nuclear energy sector
  • The Senate Finance Committee will discuss the President’s FY25 Health and Human Services budget request
  • The House Armed Services Committee will discuss innovation in software

The Administration

This week, President Joe Biden will speak at the National League of Cities’ Washington, D.C. conference, after which he will deliver remarks on lowering costs for families at an event in New Hampshire.

“HOA ‘3 Minute Rule’ Questioned” – News-Press

Q: Our homeowners’ association board only lets residents speak at board meetings after taking a vote. They can only speak for 3 minutes in total. My understanding is that the residents should be able to speak before the vote, and they can speak for 3 minutes per item on the agenda. What is the rule on this? (R.O., via e-mail)

A: First, it is important to note that not all “residents” have the same rights. The right to attend meetings only applies to “parcel owners” who are the “members” of the association. Residents who are not members have no right to attend board meetings and no right to attend owner meetings unless they have been named as a proxyholder, and the bylaws do not prevent non-members from holding proxies.

Section 720.303(2)(b) of the Florida Homeowners’ Association Act provides that members have the right to attend all meetings of the board. There is an exception for meetings with the association’s attorney regarding pending or proposed litigation and board meetings regarding personnel matters. These meetings may be closed.

The right to attend board meetings includes the right to speak with reference to all designated items. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member statements, which may include a sign-up sheet for members wishing to speak.

Section 720.306(6) of the Florida Homeowners’ Association Act provides that members have the right to attend all membership meetings and speak at membership meetings regarding all items open for discussion or included on the agenda. Notwithstanding any provision to the contrary in the governing documents or any rules adopted by the board or the membership, a member has the right to speak for at least 3 minutes on any item. The association may adopt written reasonable rules governing the frequency, duration, and other manner of member statements.

The “3-minute rule” applies to owner meetings, not board meetings. At owner meetings, the board must allow each owner to speak to each agenda item for at least 3 minutes. In my opinion, if the item is one that the owners will be voting on, the owner must be permitted to speak before the vote is taken.

The rules for board meetings are not as clearly spelled out in the statute. All owners have the right to speak to each agenda item. The board may adopt rules on the “duration” of owner statements, which must be “reasonable.” To my knowledge, this issue has never been addressed in the Florida appellate courts, resulting in a published court decision that interprets the statute.

While allowing members to speak after the board has voted on an item is not a direct violation of the statute, one could argue that it is not “reasonable” as the whole point of the statute, at least as I see it, is to allow the board to hear from those that elected them about what their opinions are on the matter, before the board takes action. Having “public comments” before the decision maker votes is common in similar forums, such as city and county councils and commissions. However, it is an open question.

Likewise, whether 3 minutes in total allotted for owner statements at board meetings (as opposed to 3 minutes per topic) is a “reasonable” rule is in the eyes of the beholder. In my view, the ultimate check on the board’s inclusion (or lack thereof) of owner opinions is at the ballot box. Directors can be removed with or without cause at any time by a majority vote of all owners, and every owner has the right to seek a seat on the board at election time.

It should also be noted that the same rules apply to committees with the authority to approve architectural requests and any committee authorized to expend association funds.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

Becker’s James Mahon & Catelyn Stark Contribute Chapter to International Comparative Legal Guide

James Mahon and Catelyn Stark of Becker’s New Jersey Litigation Team contributed a chapter entitled “Employment & Labour Laws and Regulations USA 2024” to the recently published International Comparative Legal Guide (ILCG). The chapter covers common issues in employment and labor laws and regulations – terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights and business sales.

ICLG is a leading global platform for legal reference, analysis, and news, hosting comprehensive comparative legal guides and research tools that cover law in more than 100 jurisdictions across 58 practice areas.

The entire chapter can be viewed here.

James Mahon has more than 30 years of experience as a civil and criminal litigator in Federal and State courts. Jim concentrates his practice on criminal and civil tax controversies, white-collar criminal matters, and civil litigation.

Catelyn Stark is an attorney in Becker’s Business Litigation and Community Association Practice groups. She provides support to businesses, community associations, and their board of directors and managers, in reviewing and analyzing motions before the court and drafting memoranda in response to dispositive motions, provides counseling on employment-related issues, as well as preparing documents, resolutions, contracts, and voting packages, including proxy statements.

 

IRS Proposal on Monetized Installment Sales Casts Too Wide a Net — Bloomberg Tax

Becker shareholder Michael Burwick authored the following insights to Bloomberg Tax about why potential complications of proposed IRS regulations on installment sales would require certain advisers to file disclosures.

The IRS’s proposed regulations on monetized installment sale transactions are broad enough to implicate ethical transactions in its aim to capture abusive ones. The final regulations will determine which transactions are permissible and that must be listed. Tax advisers must exercise extreme caution in the meantime until there is clear guidance from the IRS.

The proposed regulations, announced last August, would identify monetized installment sale transactions and substantially similar transactions as listed transactions. Under this proposal, material advisers and participants in these listed transactions would be required to file disclosures with the IRS and would be penalized for failure to disclose.

The announcement set forth a hearing scheduled for October that was canceled, and now those potentially impacted by these proposed regulations remain in the dark on a final outcome.

Installment sales, which are covered by Section 453 of the tax code, are sales of an asset (such as a property or business) in which at least one payment is received after the tax year of sale. Many material advisers have used Section 453 to time the payment of capital gains taxes by redeploying the sales proceeds of disposed assets into other forms of for-profit, business-generating activities without the sellers realizing or recognizing the sale proceeds at the time of disposition.

Many well-intentioned material advisers have used Section 453 as a way to redeploy capital from a sale or disposition whereby such capital remains in the stream of commerce—not as a tax avoidance mechanism. Both ordinary income taxes generated by this redeployment and capital gains taxes on the original disposition are paid in full to the IRS when ordinary income and principal are received periodically by the taxpayer.

There are several problems with this description and with the proposed regulations more generally. The monetized installment sale is a specific transaction that aims to place the sale proceeds almost immediately back in the hands of the seller through a series of complex transactions that are designed to circumvent constructive receipt.

This truly monetized version of the installment sale has been proposed and used by only a handful of promoters and, upon review, it isn’t that difficult to see why the IRS has issues with its use as the sale proceeds wind up in the control of the seller in the year of sale. However, the IRS conflates this transaction with many other less aggressive installment sale strategies that it would likely deem substantially similar.

The key difference is the timing of the payments to the seller over multiple tax years. In a true monetized installment sale, the sale proceeds are in the dominion and control of the seller in the year of sale.

In other forms of structured installment sales, the sale proceeds are reinvested in the stream of commerce without ever coming under the control of the seller. This generates revenue—both for the benefit of the for-profit enterprise and to enable payment on the installment sale pursuant to the terms of a note—while also preserving the principal from the sale to be returned to the seller as both capital gain and return of basis.

The seller receives income in the form of interest payments, capital gain, and return of basis each year over a period of tax years. This isn’t tax avoidance—the IRS nets more in taxes through the use of these installment sale transactions than it would under a straight sale because of the addition of income taxes on top of capital gains taxes, as there is no tax on the return of basis.

Moreover, the proposed regulations would seem to include Section 453A, which deals primarily with agriculture. The provision explicitly allows for monetization; it eliminates the anti-pledge rule for these types of applicable transactions.

This was enacted because of the unique nature of agriculture, the periodic harvesting of crops, and the sale of livestock. To include Section 453A in these regulations would essentially usurp the role of Congress in enacting this provision and would cause tremendous harm to an already struggling agricultural industry.

While the IRS has the right and obligation to curb tax code abuse, these proposed regulations cast a very wide net to capture a small number of abusive transactions. In turn, they implicate ethical transactions that are harmonious with the tax code and where all taxes are paid in full.

During this period of uncertainty, both taxpayers and material advisers alike must be cautious. When it comes to undertaking a non-intermediated installment sale, if executed properly, there should be no issue, even if the proposed regulations are enacted in full. At the other extreme, truly monetized installment sales, except in the Section 453A context, will most certainly be deemed listed transactions.

In between these two extremes, there are the various flavors of structured installment sales. Here, at least until the IRS provides clear guidance, there is a risk-reward scenario. Taxpayers must proceed delicately if they elect to defer their capital gains taxes through the use of one of these strategies, especially as the IRS proposes a six-year retroactive mandate as to deeming these listed transactions.

If taxpayers and their advisers elect to move forward, they do so with the risk that the regulations will be enacted in a broad manner as proposed by the IRS. The only other option is to engage in a non-intermediated installment sale, which has its own challenges, or to pay the capital gains taxes in full at the time of disposition, which essentially removes Section 453 from the tax code.

We need prompt clarity from the IRS on these regulations. Let’s hope for something that only captures clearly abusive transactions and delineates this small subset of truly monetized installment sales from the rest.

To read the article in Bloomberg, click here

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

Becker Celebrates Women’s History Month: Meet Jamie Dokovna

In celebration of Women’s History Month, Becker is showcasing the inspiration, philosophies, and expertise of the women attorneys and lobbyists who help elevate our firm and client service. 

Jamie Dokovna is a shareholder in our West Palm Beach, FL office. She focuses her practice on business litigation, with an emphasis on employment law and commercial matters as well as condominium and homeowner association law.

Q: Explain your practice area and what you do.

A: I serve as general counsel to businesses, condominiums, country clubs, and HOAs.  I spend most days helping clients with ‘people problems.’  I advise.  I write, and I litigate.

Q: How did you know you wanted to practice law?

A: I wanted to be a lawyer for as long as I can remember.  Helping others and making a meaningful impact is just part of my DNA.

Q: What is a significant achievement or milestone in your career that you’re particularly proud of?

A: This past year, I won the Austin White Award.  I’ve had many achievements in my career, but this one is particularly special. Knowing you’ve made a difference is more than just a professional recognition, it is validation for why I do what I do.

Q: What qualities do you admire about the women in your life?

A: I am very lucky to have so many amazing women in my life.  I admire their unwavering strength, remarkable resilience, and their ability to persevere through life’s challenges with determination and grace.  They are not only incredibly strong women but also genuinely kind-hearted and inspiring souls who make the world a better place simply by being themselves.

Q: Who is your favorite female historical figure and why?

A: While she is more recent, I’d have to say Michelle Obama.  Her honesty is refreshing, and her character is admirable.  She is truly inspiring.  With the negativity that sometimes comes along with this profession, I remind myself, “When they go low, we go high.”

Q: What obstacles do women still face today?

A: Gender biased assumptions.  They are so lame.

Q: What is something you would like the next generation of women to know?

A: Hold the door open for the women before and behind you, but allow the men to open the door, too.  Women need the support of each other, but men need to support women too.  Gender equality is not just a woman’s issue.  Make sure the men in your life know that and remind them in case they forget.

Q: What advice would you give your younger self?

A: To paraphrase one of my favorite Walt Disney quotes, don’t look backward for very long…keep moving forward. Be inspired, be curious, and live life without regret.

Becker’s State Lobbying Update: Week 8, February 26 – March 1, 2024

50th Day Rule and Budget Conferences

Tuesday, February 26, marked the 50th day of the 2024 Legislative Session.  With 1,954 bills filed, 30 bills have passed and are awaiting presentation to the Governor.  Currently, two bills have been presented to the Governor and six total bills have been signed into law.  Tuesday, February 26, also marked the day that the Budget Conference officially began.  Throughout the week, Chairs of budget committees and budget conferees, negotiated over $48 billion in general revenue spending, including $15.68 billion for PreK-12 education, $6.37 billion for higher education, $16.05 billion for healthcare, $6.19 billion for criminal justice, $744 million for tourism, transportation, and economic development, $1.37 billion for agriculture and natural resources, $663 million for general government and $942 million for administered funds and statewide issues.  The overall budget for fiscal year 2024-25, which is set to take effect July 1, is expected to reach around $115 billion, inclusive of trust fund money and federal funding.  A final budget agreement must be reached by Tuesday, March 5th, to adhere to the constitutionally mandated 72-hour “cooling off” period.

Tax Package

SB 7074 – Taxation by Finance and Tax Committee by Finance and Tax Committee
HB 7073
– Taxation by Ways & Means Committee by Representative McClain

SB 7074, the Senate’s annual tax package, was heard in the Appropriations Committee on Tuesday, February 27, where it favorably passed with a unanimous vote of 16 Yeas.  The proposal keeps the four sales tax holidays that seek to save consumers around $97.3 million, including a two-week-back-to-school sales tax holiday, a 30-day “Freedom Month” sales tax holiday, a one-week “Tool Time” sales tax holiday and two separate Disaster Preparedness tax holidays.  The bill also prohibits tourist development plans from allocating over 25% of tax revenue to convention centers unless approved by a supermajority vote.  The bill was discussed during the Office of EDR’s Revenue Estimating Impact Conference on Wednesday, February 28, as well as Friday, March 1. The bill has now been placed on the calendar for a second reading.  HB 7073 was read a third time on Friday, March 1, and passed favorably with a vote of 88 Yeas and 17 Nays.  It is now in Messages and has also been referred to Appropriations.

Healthcare

HB 1421 – Independent Hospital Districts by Representative Fine
SB 1700 – Independent Hospital Districts by Senator DiCeglie

HB 1421 by Representative Fine establishes a procedure for any of Florida’s 26 independent hospital districts to individually convert into a private non-profit entity, allowing the governing body of the district to vote, by a majority vote plus one, to evaluate the benefits of conversion for residents of the district by contracting with an independent entity meeting certain criteria to render a certified, independent evaluation. Suppose the district’s governing body deems that a conversion serves the district inhabitants’ paramount interests; under those circumstances, it is authorized to enter formal discussions with the respective governing bodies of each county that hares a part of the district’s perimeter. This bill has favorably passed each committee of reference and has been placed on the Special-Order Calendar on second reading for Friday, March 1st. Its Senate companion, SB 1700, by Senator DiCeglie, has been referred to three committees of reference and has yet to be heard.

HB 885 – Coverage for Biomarker Testing by Representative Gonzalez Pittman
SB 964 – Coverage for Biomarker Testing by Senator Calatayud

HB 885 by Representative Gonzalez Pittman is an accessibility bill that expands biomarker testing to be covered by Medicaid and Florida Blue. “Biomarker” is a characteristic measured as an indicator of normal biological processes, pathogenic processes, or responses to an exposure or intervention, including therapeutic interventions. “Biomarker testing” is defined as an analysis of a patient’s tissue, blood, or other biospecimen for the presence of a biomarker. A recipient must have access to a transparent and convenient process to request authorization for biomarker testing through an accessible insurance company website. It has favorably passed all three committees of reference. The bill was amended on its second reading to require the Agency of Healthcare Administration (AHCA) to include a certain rate impact in specified Medicaid program rates. The bill was read a third time and passed with a vote of 114 Yeas and 0 Nays. It was received by the Senate and was referred to the Fiscal Policy Committee. Its Senate companion, SB 964, by Senator Calatayud, has favorably passed all three committees of references and has been placed on the Special-Order Calendar on second reading for Tuesday, March 5.

HB 241 – Coverage for Skin Cancer Screenings by Representative Massullo
SB 56 – Coverage for Skin Cancer Screenings by Senator Harrell

HB 241 by Representative Massullo requires contracted state group health insurance plans or health maintenance organizations to provide coverage and payment, without the imposition of a deductible, copayment, or coinsurance, an annual skin cancer screening by a licensed dermatologist, a physician assistant, or an advanced practiced registered nurse. This bill prohibits the Division of State Group Insurance (DSGI) contracted health plans from bundling payments for a skin cancer screening with any other procedure or service. The bill favorably passed all three committees of reference and was read a third time and passed with a vote of 114 Yeas and 0 Nays. Its Senate companion, SB 56, by Senator Harrell, was substituted for HB 241 and was read a second time.

Local Administration

HB 1195 – Millage Rates by Representative Garrison
SB 1322 – Millage Rates by Senator Ingoglia

HB 1195 by Representative Garrison restricts specific increases in millage rates unless approved by a two-thirds vote of a governing body of a county, municipality, or independent special district unless circumstances allow for it. The bill passed favorably in each committee of reference. The bill was amended with a title amendment. It was read a third time and passed favorably with a vote of 85 Yeas and 21 Nays. Its Senate Companion, SB 1322 has favorably passed two committees of reference and is waiting to be scheduled for its last committee of reference, Appropriations.

HB 7013 – Special Districts by Representative Persons-Mulicka
SB 1058 – Special Districts by Senator Hutson

HB 7013 by Representative Persons-Mulicka revises provisions relating to special districts which are units of local government created for a particular purpose, with jurisdiction to operate within a limited geographic boundary. The bill creates a 12-year term limit for elected members of governing bodies of most types of independent special districts unless the district’s charter provides for more restrictive terms of office.  The bill provides that the boundaries of an independent special district may only be changed by general law or a special act. Also, the bill adds additional criter.ia for declaring a special district inactive. The bill unanimously passed off the House floor with a vote of 114 Yeas. It has now been referred to Rules. Its Senate companion, SB 1058, unanimously passed its final committee, Rules, with a vote of 17 Yeas. It has now been placed on the Special-Order Calendar for Monday, March 4.

HB 479 – Alternative Mobility Funding Systems by Robinson (W)
SB 688 – Alternative Mobility Funding Systems by Senator Martin

HB 479 by Representative W. Robinson revises provisions concerning impact fees and concurrency and provides additional guidance concerning mobility fees. The bill defines “mobility fee” and “mobility plan” to be used within the Community Planning Act. The bill also provides that local governments adopting and collecting impact fees by ordinance or resolution must use localized data available within the previous 12 months of adoption for the local government’s calculation of impact fees. The bill passed favorably in all three committees of reference. It was read a third time and passed with a vote of 115 Yeas and 0 Nays. It has been received by the Senate and referred to the Rules Committee. Its Senate Companion, SB 688, passed all three committees of reference and was placed on the Special-Order Calendar on Monday, March 4.

SB 472 – Suits Against the Government by Senator Brodeur
HB 569 – Suits Against the Government by Representative McFarland

SB 472 by Senator Brodeur aims to increase the limit on the amount that can be paid as judgments against government entities. The current cap of $200,000 for each individual and $300,000 per instance will be increased to $300,000 and $500,000, respectively. The bill also allows for an annual adjustment of the cap to reflect changes in the Consumer Price Index, beginning on July 1, 2020, and recalculated every five years thereafter, not to exceed three percent for any adjustment. Local government entities can settle a claim for any amount without needing approval of a claim bill by the Legislature. Additionally, the bill reduces the statute of limitations for a negligence claim against the State, its agency, or a subdivision from four years to two years. It favorably passed all three committees of reference and was placed on the Special-Order Calendar for Friday, March 1. It was temporarily postponed on its second reading. Its House companion, HB 569, by Representative McFarland, favorably passed two committees of reference and was not considered by its last committee, Judiciary.

Becker Secures Six-Figure Arbitration Victory Against National Homebuilder Toll Brothers, Inc. for Construction Defects

Becker’s New Jersey Litigation Team, led by James Mahon and Catelyn Stark, with support from Vincenzo Mogavero and Martin Cabalar, secured a six-figure victory against national homebuilder Toll Brothers, Inc. for construction defects.

The clients experienced construction defects in their new home located in the Reserve at Franklin Lakes, in Bergen County. Problems included pervasive issues with the first and second flooring. Various other structural issues were named in the complaint, including floor bracing and window placement.

Throughout the four-day hearing, Mr. Mahon and Ms. Stark presented testimony from multiple witnesses, including expert analyses on behalf of both parties. The arbitrator’s ruling attributes the defects to structural flaws, stemming from improper construction, leading to the full award of damages to the client.

Becker Shareholder and Chief Strategy Officer, Vincenzo Mogavero said, “Our team’s dedication to advocating for our client’s rights and holding accountable those responsible for construction defects has been validated by this arbitration victory. We are pleased with the outcome and will continue to strive for justice on behalf of homeowners affected by substandard construction.”

Becker’s Construction Law Practice Group is well-known nationally for its knowledge of the construction industry and experience effectively protecting the interests of its clients. In 2023, Becker’s New Jersey team obtained more than 33 million dollars in construction-defect-related settlements.

About Becker:

Becker, with headquarters in Fort Lauderdale, Fla., is a multi-practice commercial law firm with attorneys, lobbyists, and other professionals at offices throughout the East Coast. More information is available at www.beckerlawyers.com.

Becker Awarded FLCAJ Readers’ Choice Award for 10th Consecutive Year

For the 10th consecutive year, Becker has earned a Diamond Level Readers’ Choice Award from the Florida Community Association Journal (FLCAJ). The FLCAJ announced its annual Readers’ Choice Award winners in the March 2024 issue of the magazine.

The FLCAJ Readers’ Choice Awards is a unique recognition program that shines a spotlight on the positive and productive contributions by community association service providers across Florida. These honors are bestowed on service providers who demonstrate an exemplary level of proficiency, reliability, fairness, and integrity to the community associations they serve.

This award has grown since it debuted in March 2014, with just 3,800 votes, 155 nominated service providers, and 37 companies awarded. Now in March 2024, there were more than 11,000 ballots, 305 service providers nominated, and 223 companies recognized!

There are three levels of recognition: Diamond (top), Platinum, and Gold. Service providers were classified into one of three levels based on the total number of votes received. There is no one winner in each category, and multiple service providers in the same industry can attain the same level if they receive a similar number of votes from readers.

Becker’s Washington Weekly: Week of March 4

Shutdown Averted(?)

Lawmakers from both Chambers return to Washington this week after passing another extension of short-term “laddered” government funding to March 8th and 22nd, all before reaching a final agreement on FY24 appropriations for those bills falling under the new March 8th deadline.

Over the weekend, Members released the text of a partial appropriations bill that would fully fund – among others – the Departments of Transportation, Justice, Interior, and Energy through September, thus closing out a prolonged FY24 due to a series of stopgap measures after lawmakers previously failed to reach a full-funding agreement.

If passed, the bill would also include congressionally directed spending, or “earmarks,” providing line-item funding for projects in Members’ districts, such as bridge replacements, law enforcement equipment purchases, and transit expansion.

The bill also omits certain policy “riders” limiting the spending of funds that Members from both parties typically find objectionable. However, the bill would ban sales from the U.S. Strategic Petroleum Reserve to China, as well as monitor foreign purchases of U.S. farmland.

However, an agreement has not yet been reached for the remaining FY24 appropriations bills set to expire on March 22nd. Once that is done, the appropriations cycle will be complete, and Members can proceed to the FY25 cycle.

In addition to appropriations, House lawmakers will also vote on several homeland security and healthcare-related bills under expedited procedures this week, in addition to cybersecurity legislation affecting National Telecommunications and Information Administration operations.

Members will also participate in several committee hearings this week, including the following:

  • The House Transportation & Infrastructure Committee will hear testimony from transportation grant recipients
  • The Senate Judiciary Committee will discuss human rights in housing
  • The House Foreign Affairs Committee will examine China’s influence on the United Nations
  • The Senate Health, Education, Labor and Pensions Committee will discuss healthcare for seniors

“Owner Questions Board’s Contracting Authority” – News-Press

Q: Recently, my condominium association authorized a major construction project. The contract for the work is several million dollars in value. The board of directors voted to move forward with their preferred contractor and authorize the president to sign. Isn’t this the type of contract that must be voted on by the owners? (O.V., via e-mail)

A: Probably not. The Florida Condominium Act provides that the association may contract to exercise its powers it powers and duties. Most condominium documents provide that the board of directors acts on behalf of the association, except where a membership vote is specifically required either by law or the condominium documents.

Some condominium documents require unit owner approval prior to adopting an assessment in excess of a certain amount. If a special assessment is required and the documents require that to be approved, then a vote would be required, but not for the contract itself.

If the work involves material alterations or substantial additions to the common elements or association-owned real property, most declarations of condominium will require owner approval if the dollar amount of the contract exceeds a specific level. Conversely, if the work does not involve material alterations or substantial additions or if the cost does not exceed a dollar limit stated in the documents, then no owner vote is required. Certain material alterations or substantial additions, regardless of cost, can be authorized by the board if the work constitutes “necessary maintenance,” as that term has been defined in Florida appeals court decisions.

Section 718.3026 of the Florida Condominium Act requires most contracts to be subject to competitive bidding when the value of the contract exceeds five percent of the total annual budget of the association, including reserves. There is no requirement that the association select the lowest bid, only that “competitive bids” be obtained, which means at least two bids.

The rules for homeowners’ associations are similar. However, the Florida Homeowners’ Association Act establishes the competitive bidding threshold at ten percent of the association’s annual budget, and there is no statutory regulation on material alterations or substantial additions, that issue will be guided solely by the provisions of the governing documents.

Q: Recently, my condominium association held its election for directors, and some questions came up about how to treat certain ballots. Several ballots were returned in the proper signed outer envelopes. However, some ballots were not enclosed in an unsigned inner envelope, they were just loose in the outer envelope. In other cases, the voter also signed their ballot. Questions came up as to whether such ballots should be counted. What is the answer? (W.K., via e-mail)

A: The Florida Condominium Act provides that the election of directors must be by secret ballot and further provides that the Division of Florida Condominiums, Timeshares, and Mobile Homes shall adopt rules consistent with the statute for the election of directors.

Pursuant to the Division rules, the secret ballot for the election of directors is to be placed inside an unsigned inner envelope, and the inner envelope is to be placed inside a larger outer envelope. The outer envelope is to be sealed and signed by the unit owner. This process ensures the secrecy of the unit owner’s ballot when the ballots are counted. However, it is not uncommon for owners to fail to place their ballots inside the unsigned inner envelope or to mark the ballot, otherwise indicating who the unit owner voter was.

There are arbitration decisions issued by the Division that have found that when such ballots are received by the association and are received inside valid signed outer envelopes, ballots may be counted. While the unit owner is entitled to secrecy if they fail to protect the secrecy of their vote by failing to place the ballot inside an inner envelope properly, it waives their secrecy but does not invalidate the ballot. The association should review specific questions regarding the validity of a ballot with its attorney.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

“Pending New Laws” – FCAP Managers Report

The 2024 Florida Legislative Session ended Friday, March 8th, and it was one of the busiest sessions in memory in terms of producing new community association legislation. Please remember that these bills do not become law until they have been sent to the Governor who then has fifteen (15) days to sign a bill, veto a bill, or allow a bill to pass into law without his signature.  As such, we may not know the final outcome for some bills until later this May or June.

HB 1021 is known colloquially as the Condo 3.0 bill but it goes well beyond the scope of its predecessors, SB4D and SB 154, by, among other items, expanding the enforcement jurisdiction of the Division of Condominiums; creating new standards for CAMS; imposing new funding and notice requirements related to structural integrity reserve studies (SIRS); imposing mandatory board member educational requirements; imposing new penalties for voting fraud; and requiring associations who manage 25 or more units to maintain an association website where specific association documents must be posted.

HB 1029 creates the “My Safe Florida Condominium Pilot Program” within the Department of Financial Services (DFS). This legislation will create a state-funded inspection program to determine mitigation measures that hopefully will reduce a property’s vulnerability to hurricane damage and provide for mitigation grants to retrofit the condominium property.

HB 293 requires HOAs to adopt specifications for hurricane protection and prohibits HOAs from denying an owner’s installation or replacement of certain hurricane protections including storm shutters, metal roofs, erosion controls, and other forms of hurricane protection.

HB 59 amends Section 720.303, F.S. to require an HOA to provide digital copies of the governing documents and rules to every new member of the association and provide all members with amendments to the covenants and rules.

HB 1203 was passed as a response to the massive Hammocks HOA fraud case in Miami-Dade County. Among its many provisions, this bill imposes mandatory educational requirements for HOA directors; limits an HOA’s ability to regulate parking and commercial vehicles, limits the function of an HOA’s architectural control committee, imposes stiff penalties for the denial of records access to owners; requires websites for associations with 100 parcels or more and further revises the fining process in a less than helpful manner.  

HB 1645 provides that HOA covenants may not prohibit the types of fuel sources that serve customers in the community, including natural gas utilities and liquefied petroleum gas (aka propane) dispensers, and also provides that the HOA covenants may not preclude appliances using those energy sources. It is troubling to note that HOA residents must now be allowed to install EV charging stations and propane gas/natural gas; let’s hope installers for each take proper safety precautions. 

SB 1420 modifies the language in Section 720.406, F.S. regarding the meeting procedures when homeowners’ association covenants are being revitalized. 

SB 280 limits the ability of local government to regulate short-term vacation rentals but does permit occupancy limitations. The legislation provides for the DBPR’s Division of Hotels & Restaurants to regulate vacation rental platforms. The good news is that the legislation specifically does not preempt or supersede community covenants. 

Remember, none of the above bills go into law until they have been sent to the Governor who then has fifteen (15) days to sign a bill, veto a bill, or allow a bill to pass into law without his signature.  We expect many, if not all, of these new bills to be approved by the Governor or he will allow to pass into law.  

Of course, you will need to consult with your association attorney for information on how these new bills, once they go into law, will affect your association. 

To read the original FCAP article, please click here.

Howard J. Perl is a member of Becker’s Community Association practice and has been involved in all aspects of community association law, including transactional, collections, mediation, arbitration, construction defects and litigation. He is Florida Bar Board Certified in Condominium & Planned Development Law and is certified by the State of Florida as a facilitator for continuing education credit courses for Community Association Managers.

Involved Versus Committed: Does My Community Association Need a Social Media Policy?

Across the green from Becker’s Morristown office is a delightful restaurant named “The Committed Pig.” When you walk in the door, a sign on the wall explains the restaurant’s interesting moniker:

  • the best way to describe the difference between involvement and commitment is “bacon & eggs”
    the chicken is involved, but the pig is committed

Like the chicken and the pig, community associations can either be involved or committed when it comes to utilizing social media. However, an association takes a risk when it is just involved with social media as a passive participant. If an association is determined to protect itself from the potential pitfalls and legal risks of using social media, it must be committed.

Social media can encompass a multitude of online activities, including hosting websites or blogs, or using well-known platforms like, Facebook, X (formerly Twitter), or Nextdoor. To some extent, all forms of social media have the ability to facilitate communication between an association and its members, provide real-time updates, and offer the ability for members to contact the board or management to report any issues. Conversely, such communication can also open the door for abuses such as cyberbullying, invasion of privacy, or defamation.

Association board members have a fiduciary relationship with both the association and its members. That fiduciary relationship requires adherence to and compliance with the association’s governing documents and the law, and each board member must act in good faith to promote the health, safety, and welfare of the entire community. Adopting a clear, comprehensive social media policy allows an association board to fulfill that fiduciary responsibility as well as to control and monitor online content, minimize abusive practices, and – most importantly – protect the association from potential liability. With that backdrop, here are some best practices for associations who are committed to using social media:

  1. Have a Plan – Before jumping headfirst into social media, an association board needs to agree on the association’s goals for using any social media platform. Is the goal to disseminate information? Are we creating an avenue for members to contact the board or management? It may be useful to first survey the members to determine how they would like to receive information and/or interact with the board and management. In some cases, a password-protected website with access to necessary documents may work best. In other situations, a private Facebook group may be preferable. Thoughtful consideration should be given to what the association wants to achieve through its use of social media before creating an online presence.
  2. Protect / Promote the Association’s Reputation – A good social media policy will set parameters and spell out what is appropriate for associations to post / disseminate. The policy should have clear guidelines to help members understand ways they can use social media to achieve the association’s goals. However, when it comes to individual social media use by members (or board members), controlling what may be posted can be next to impossible. In particular, board members who post on social media need to understand that online comments might be construed as representing the board’s position or undermining previous decisions. Board members posting on social media should be reminded of their fiduciary duty to the association and, for those associations with a confidentiality agreement/code of conduct, requirements regarding social media should be added to those documents.
  3. Control / Moderate / Limit Content – Information published on either an association website or other forms of association-related social media should be open only to members, monitored / controlled by the board, and, to the extent possible, limited in scope. Content should be reviewed for grammar, tone, and to guard against privacy concerns (for example, meeting minutes, budget and financial information, or personally identifiable information (“PII”) should not be available or accessible to the public).Content should benefit the community but be careful not to create an opportunity for the members to air grievances about the association, the board, management, or their neighbors. While a moderated “bulletin board” may be beneficial, the information posted must flow through a designated moderator(s) who can reject questionable, offensive, or possibly unlawful material. In addition, the association should require that every member who wants to post on the association’s social media agree to an Acceptable Use Policy (“AUP”), which would require (among other things) that: (1) the posting of defamatory, obscene, harassing, discriminatory, or otherwise unlawful material and/or comments is prohibited; and (2) the association reserves the right to remove any posts that it deems to violate the AUP and/or reserves the right to restrict/terminate access to any person who does not abide by the posting policy.
  1. Engage the Community – If a board is prepared to take on the risks that social media presents, the association should do its best to reap the benefits that come with a positive social media presence. Engagement of the community requires both consistency in posting and variety of content. Content should be aimed to engage members with information that matters to them at regular intervals. Along with a strong blend of administrative information (meeting dates and times, rule and policy updates, etc.), the association should attempt to add other information (community projects, member spotlights, and local events).

Use of social media is fraught with risk for associations and its members. However, when utilized correctly, it can be an effective communication tool, and a thorough social media policy can ameliorate some of those risks and attempt to minimize abusive practices. As always, before entering the social media world, associations should consult with both legal counsel and its insurance professionals to discuss possible cyber-liability insurance.

So, when it comes to social media, are you just involved or are you committed?

Editor’s Note: This article was adapted from a longer article originally published in June 2020 in Community Trends. You can read the original article here: https://beckerlawyers.com/wp-content/uploads/2023/05/Social-Media-Policy.pdf

John S. Prisco Named CAI NJ’s “Speaker of the Year”

We are thrilled to announce Becker shareholder John S. Prisco has been named “Speaker of the Year” by the Community Association Institute’s New Jersey Chapter. John earned this recognition for leading a November 2023 webinar, “Preparing for the Future—Continuity Planning for Community Associations.”  In his discussion, John shared his insights on disaster preparedness and the process for developing, creating, and implementing critical plans and procedures to protect your community before disaster strikes.

In February, John’s presentation at the Institute of Real Estate Management’s Tri-State Conference and Expo in Atlantic City drew a full house. His presentation focused on artificial intelligence and its impact on community association management.

John is based in Becker’s Morristown, New Jersey office. His practices include Community Association, Construction Law & Litigation, and Business Litigation. He frequently presents and writes on a broad range of community association topics and has presented at the New Jersey Cooperator and IREM’s Tri-State Expo and Conference. He is a Community Associations Institute (CAI) Advocacy Ambassador, an Educated Business Partner, and serves on the CAI-NJ Business Partner Committee. John is also an active member of the Institute of Real Estate Management (IREM) and serves on the IREM-NJ Industry Partner Committee.

The Impact of the New Department of Labor Rule on Worker Classification and Ensuring Proper Classification of Workers

In the early 2000s, employers and established businesses rarely sought out the work of independent contractors. Now decades later this has changed significantly as employers are relying more and more on independent contractors instead of employees. While using independent contractors can have certain benefits, there can also be certain risks especially when it comes to classification.

Addressing Burdensome Records Requests via the Rule-Making Power of Condominium Associations

Records requests can become quite daunting when a board of directors is faced with a high volume of demands from unit owners asserting their right of inspection of the association’s official records.

Section 718.111(12)(c)(1) of the Florida Condominium Act (“Act”) permits condominium associations to “adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections . . . .” The Act, however, stops short of defining the limitations on “frequency” and “time”; two terms that have been the subject of arbitration disputes.