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BILI,: CS/SB 1178
<br />Page 17
<br />Under the bill, a vacancy must be filled as provided by s. 718.112(2)(d), F.S., until the end of the
<br />officer's or director's period of suspension or the end of his or her term of office, whichever
<br />occurs first."
<br />Under the bill, if a criminal charge is pending against an officer or director, he or she may not
<br />have access to the official records of any association, except pursuant to a court order.
<br />Fraudulent Voting Activities
<br />The bill creates s. 718.112(2)(r), F.S, to provide that each of the following actions relating to
<br />condominium association elections is a fraudulent voting activity and constitutes a misdemeanor
<br />of the first degree: 45
<br />• Willfully and falsely swearing to or affirming an oath or affirmation, or willfully procuring
<br />another person to falsely swear to or affirm an oath or affirmation, in connection with or
<br />arising out of voting activities.
<br />• Perpetrating or attempting to perpetrate, or aiding in the perpetration of, fraud in connection
<br />with a vote cast, to be cast, or attempted to be cast.
<br />• Preventing a member from voting, or preventing a member from voting as he or she
<br />intended, by fraudulently changing or attempting to change a ballot, ballot envelope, vote, or
<br />voting certificate of the member.
<br />• Menacing, threatening, or using bribery or any other corruption to attempt, directly or
<br />indirectly, to influence, deceive, or deter a member when voting.
<br />• Giving or promising, directly or indirectly, anything of value to another member with the
<br />intent to buy the vote of that member or another member or to corruptly influence that
<br />member or another member in casting his or her vote. This provision does not apply to any
<br />food served which is to be consumed at an election rally or a meeting or to any item of
<br />nominal value which is used as an election advertisement, including a campaign message
<br />designed to be worn by a member.
<br />• Using or threatening to use, either directly or indirectly, force, violence, or intimidation or
<br />any tactic of coercion or intimidation to induce or compel a member to vote or refrain from
<br />voting in an election or on any particular ballot measure.
<br />In addition, the bill provides that the following actions relating to condominium association
<br />elections are fraudulent voting activities and constitute a misdemeanor of the first degree: 46
<br />• Knowingly aiding, abetting, or advising a person in the commission of a fraudulent voting
<br />activity related to association elections.
<br />• Agreeing, conspiring, combining, or confederating with at least one other person to commit a
<br />fraudulent voting activity related to association elections.
<br />44 Section 720.306(9), F.S., relates to elections and vacancies on a board. It also prohibits convicted felons, including persons
<br />who've been convicted in another jurisdiction which would be considered a felony crime in Florida, of serving on a board for
<br />at least five years as of the date the person seeks election to the board, unless their civil rights have been restored.
<br />as 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 />46 Id.
<br />327
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