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RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT HOUSE BILL 919, SENATE BILL 1114, OR SIMILAR LEGISLATION THAT WOULD STRENGTHEN HOMEOWNERS� ASSOCIATION LAWS TO ENHANCE PROTECTIONS FOR HOA MEMBERS AND COMMUNITIES, PREVENT HOA FRAUD AND MISMANAGEMENT, AND PROVIDE ENHANCED CRIMINAL AND CIVIL ENFORCEMENT POWERS

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WHEREAS, chapter 720 of the Florida Statutes currently provides for certain protective measures, remedies, and enforcement powers with regard to homeowner�s associations (HOA); and
WHEREAS, although many HOA communities run smoothly, instances of HOA fraud or mismanagement are rising problems in Miami-Dade County, adversely impacting public safety and welfare; and
WHEREAS, it is in the best interests of the public to strengthen statutory provisions in order to provide additional protections and remedies to HOA members to minimize and prevent fraud and mismanagement; and
WHEREAS, on February 16, 2023, Representative Juan Carlos Porras (R � Miami) introduced House Bill (HB) 919 for consideration during the 2023 session of the Florida Legislature; and
WHEREAS, on February 23, 2023, Senator Ana Maria Rodriguez (R � Doral) filed Senate Bill (SB) 1114, the identical companion bill to HB 919, for consideration during the 2023 legislative session; and
WHEREAS, HB 919 and SB 1114 would amend chapter 720 of the Florida Statutes to strengthen HOA laws by various measures, such as requiring HOAs to appoint recordkeepers, providing for the removal of HOA officers or directors charged with specified crimes, providing for monetary damages resulting from breach of duties by directors or officers and for transactions resulting in improper personal benefits, prohibiting the use of HOA and reserve funds for the payment of attorneys� fees and defense of the HOA and board members in civil or criminal actions or proceedings, and increasing the enforcement powers of the Department of Business and Professional Regulation�s Division of Florida Condominiums, Timeshares, and Mobile Homes concerning civil matters, as well as the Department of Law Enforcement concerning criminal matters; and
WHEREAS, this Board supports legislation that would enhance protections for HOA communities and members,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to enact House Bill 919, Senate Bill 1114, or similar legislation that would strengthen HOA laws to enhance protections for HOA members and communities, prevent fraud and mismanagement, and provide enhanced criminal and civil enforcement powers.
Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, Senate President, House Speaker, Senator Ana Maria Rodriguez, Representative Juan Carlos Porras, and the Chair and remaining Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County�s state lobbyists to advocate for the actions set forth in section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2023 State Legislative Package to include this item.