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BILL: CS/SB 1178 Page 14 o A transaction from which he or she derived an improper personal benefit, directly or indirectly; or o A recklessness or an act or omission committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The Miami -Dade County grand jury found: Although the directors have a legally mandated fiduciary obligation toward their unit owners, it appears that some of them are more involved in self-dealing and looking out for their own financial interests. The position of board director is not generally a paid position. Yet, some directors appear to view the ability to get into office as an opportunity to cash in. This should not be countenanced." Criminal Prohibitions Section 718.111(1)(d), F.S., also criminalizes the following acts: • Forgery of a ballot envelope or voting certificate used in a condominium association election is punishable as provided in s. 831.01, F.S.; • Theft or embezzlement of funds of a condominium association is punishable as provided in s. 812.014, F.S.; and Destruction of or refusal to allow inspection or copying of an official record of a condominium association that is accessible to unit owners within the time periods required by general law in furtherance of any crime is punishable as tampering with physical evidence as provided in s. 918.13, F.S., or as obstruction of justice as provided in ch. 843, F.S. Removal from Office Section 718.112(2)(q), F.S., requires a board to immediately remove from office any officer or director who is charged with felony theft or embezzlement involving association funds. If the charges are resolved without a finding of guilt or without acceptance of a plea of guilt or nolo contendere, the director or officer must be reinstated for any remainder of his or her term of office. Section 718.111(1)(d), F.S., also provides that an officer or director charged by information or indictment with any crime referenced in this paragraph 34 must be removed from office, and the vacancy must be filled as provided in s. 718.112(2)(4)2., F.S., until the end of the officer's or director's period of suspension or the end of his or her term of office, whichever occurs first. If a 33 Final Report of the Miami -Dade County Grand Jury, supra note 15, at page 10 (citation omitted). 34 The only crimes specifically referenced in s. 718.111(1)(d), F.S., are the previously -described offenses relating to forgery of a ballot envelope or voting certificate, theft or embezzlement of association funds, and destruction of or refusal to allow inspection or copying of association records. Additionally, s. 718.111(1)(d), F.S., states that an officer, director, or agent shall be liable for monetary damages as provided in s. 617.0834, F.S., if such officer, director, or agent breached or failed to perform his or her duties and the breach of, or failure to perform, his or her duties constitutes a violation of criminal law as provided in s. 617.0834, F.S. The reference to criminal violations in s. 718.111(1)(d), F.S., is slightly different than the reference to criminal violations in s. 718.112(2)(0), F.S., which provides that a director or officer charged by information or indictment with a felony theft or embezzlement offense involving the association's funds or property must be removed from office. The latter provision appears to be more limited than the former provision. 324