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BILL: CS/SB 1178 Page 15
<br />criminal charge is pending against the officer or director, he or she may not be appointed or
<br />elected to a position as an officer or a director of any association and may not have access to the
<br />official records of any association, except pursuant to a court order. However, if the charges are
<br />resolved without a finding of guilt, the officer or director must be reinstated for the remainder of
<br />his or her term of office, if any.
<br />Defacing or Destroying Records
<br />Section 718.111(12)(c)2., F.S., provides that any person who knowingly or intentionally defaces
<br />or destroys accounting records that are required to be maintained during the period for which
<br />such records are required to be maintained, or who knowingly or intentionally fails to create or
<br />maintain accounting records that are required to be created or maintained, with the intent of
<br />causing harm to the association or one or more of its members, is personally subject to a civil
<br />penalty pursuant to s. 718.501(1)(d), F.S."
<br />Effect of Proposed Changes
<br />Additional Criminal Prohibitions
<br />The bill amends s. 718.111, F.S., to provide the following additional criminal prohibitions
<br />relating to the management of a condominium association, and provides penalties for violations:
<br />• Third degree felony 36 for an officer, director, or manager of a condominium association to
<br />knowingly solicit, offer to accept, or accept anything or service of value or kickback for
<br />which consideration has not been provided for his or her own benefit or that of his or her
<br />immediate family, from any person providing or proposing to provide goods or services to
<br />the association;
<br />• First degree misdemeanor 37 to knowingly or intentionally deface or destroy required
<br />accounting records or knowingly and intentionally fail to create or maintain required
<br />accounting records, with the intent of causing harm to the association or one or more of its
<br />members (and deletes the provision that such an offense is punishable by a civil penalty); 38
<br />• Second degree misdemeanor 39 for any director or member of the board or association to
<br />knowingly, willfully, and "repeatedly" violate (two or more violations within a 12 -month
<br />31 Section 718.501(1), F.S., authorizes the division to enforce and ensure compliance with the provisions of the
<br />Condominium Act, and rules relating to the development, construction, sale, lease, ownership, operation, and management of
<br />residential condominium units. The division may impose a civil penalty individually against an officer or board member who
<br />willfully and knowingly violates a provision of the Condominium Act, an adopted rule, or a final order of the division.
<br />36 Section 775.082, F.S., provides that a felony of the third degree is punishable by a term of imprisonment not to exceed five
<br />years. Section 775.083, F.S., provides that a felony of the third degree is punishable by a fine not to exceed $5,000.
<br />37 Section 775.082, F.S., provides that a misdemeanor of the first degree is punishable by a term of imprisonment not to
<br />exceed one year. Section 775.083, F.S., provides that a misdemeanor of the first degree is punishable by a fine not to exceed
<br />$1,000.
<br />38 This provision is similar to the Miami -Dade County grand jury's recommendation to criminally punish directors and
<br />members of the board or association who knowingly or intentionally deface or destroy accounting records or fail to create or
<br />maintain such records. The grand jury recommended a second degree misdemeanor for a first offense, and a first degree
<br />misdemeanor for any subsequent offenses. Final Report of the Miami -Dade County Grand Jury, supra note 15, at pages 8-9.
<br />39 Section 775.082, F.S., provides that a misdemeanor of the second degree is punishable by a term of imprisonment not to
<br />exceed 60 days. Section 775.083, F.S., provides that a misdemeanor of the second degree is punishable by a fine not to
<br />exceed $500.
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