1. Effective July 1, 2013, Florida passed a law stating that private entities, such as homeowners’ associations, cannot swipe a driver’s license or identification card without the individual’s consent.
2. There are exceptions to this law, including using a driver’s license to protect against fraud, verify an individual’s age for age-restricted goods or services, transmit information for approving payment methods, or to comply with a legal requirement.
3. Homeowners’ associations and condo associations do not fall under any of the exceptions, meaning they cannot swipe a driver’s license without the individual’s consent.
4. If an association wants to swipe a driver’s license, they must obtain valid consent by informing the individual of what information will be collected and the purpose for which it will be used. 1. The association can attempt to gain consent from all current residents by delivering a consent form to each residence and requesting each person residing there to sign and return the form.
2. Future residents can be required to sign a consent form upon purchasing a home or unit within the community.
3. The association may need to amend its existing declaration, articles of incorporation, and bylaws to implement these measures.
4. A policy requiring guests to sign a consent form before entering would also require amending the association’s declaration, articles of incorporation, and bylaws.
5. There is not much legal guidance regarding the implementation of this recently enacted law.
6. Associations are no longer allowed to swipe IDs without obtaining consent from the individual.
7. Associations found violating the law could be liable for damages and other equitable relief.
https://www.jimersonfirm.com/blog/2013/08/new-florida-law-affects-hoas-and-condo-associations-abilities-to-swipe-drivers-licenses-at-community-entrances/
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