Effective date: 3/21/2016
(1) “Election Officials,” as used in Florida Statutes § 718.128, includes the division, the ombudsman, and election monitors appointed by the ombudsman.
(2) “Consent, in writing,” as used in Florida Statutes § 718.128, may be made via email; the email address of the unit owner consenting is not considered an official record, however, unless the unit owner has previously consented to receive notices via email.
(3) The board resolution required by Florida Statutes § 718.128(4), must provide that all unit owners receive notice of the opportunity to vote through an online voting system when the association utilizes online voting. The opportunity to vote online must be included in the notice of the meeting requiring the vote.
(4) The electronic voting system must provide the unit owner with a receipt of their vote, which must include the specific vote cast, the date and time of submission, and the user identification.
(5) The electronic voting system must produce an official record that the association must maintain, which identifies the specific votes cast on each ballot and the date and time of receipt of the electronically submitted ballot.
(6) For elections, electronic votes shall not be accessible to the association prior to the scheduled election. Failure to comply with this subsection will void the election and the association must renotice the election following the procedures as set forth in subsection 61B-23.0021(8), F.A.C.
Rulemaking Authority 718.112(2)(d)4., 718.501(1)(f) FS. Implements Florida Statutes § 718.128. History—New 3-21-16.