Housing, Agriculture & Tourism Subcommittee — The Florida House of Representatives (March 11, 2025)

Summary

Meeting packet for the Housing, Agriculture & Tourism Subcommittee of the Florida House of Representatives Commerce Committee, for Tuesday, March 11, 2025, 1:00PM - 4:00PM in Morris Hall. The agenda lists HB 247 on affordable housing, HB 381, HB 579, HB 913 and HB 1015. The bill analysis for HB 247 states that the bill requires local governments to adopt an ordinance allowing accessory dwelling units in areas zoned for single-family residential use and creates a mezzanine finance model program within the Florida Housing Finance Corporation. It states an effective date of July 1, 2025.

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Housing, Agriculture & Tourism
Subcommittee

Tuesday, March 11, 2025
1:00PM - 4:00PM
Morris Hall (17 HOB)

Daniel Perez Michelle Salzman
Speaker Chair
The Florida House of Representatives
Commerce Committee
Housing, Agriculture & Tourism Subcommittee
Daniel Perez Michelle Salzman
Speaker Chair

Meeting Agenda
Tuesday, March 11, 2025
1:00pm – 4:00pm
Morris Hall (17 HOB)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):

• HB 247 Affordable Housing by Conerly
• HB 381 Issuance of Address and Individual Parcel Identification Numbers by
Holcomb
• HB 579 Development Permits and Orders by Overdorf
• HB 913 Condominium Associations by Lopez, V.
• HB 1015 Real Property and Condominium Flood Disclosures by Hunschofsky

V. Closing Remarks

VI. Adjournment

214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 247
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 247 COMPANION BILL: CS/SB 184 (Gaetz)
TITLE: Affordable Housing LINKED BILLS: None
SPONSOR(S): Conerly RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
 

SUMMARY
Effect of the Bill:
The bill requires local governments to adopt an ordinance to allow accessory dwelling units, without any
corresponding increase in parking requirements, in any area zoned for single-family residential use. Under the bill,
the required ordinance does not apply to a planned unit development or master planned community.

The bill also creates a mezzanine finance model program (Program) within the Florida Housing Finance
Corporation (Corporation) to encourage local housing authorities to stimulate the supply of affordable housing for
owner occupancy. Under the bill, the Corporation must:
• Consult with the Shimberg Center for Housing Studies on the design of the Program; and
• Select counties in which to implement the Program.

Additionally, the bill provides that local governments may provide density bonus incentives to landowners who
donate real estate for the purpose of assisting local governments in providing attainable housing to military
families that are receiving the basic allowance for housing.

Fiscal or Economic Impact:
The bill has an indeterminate impact on local governments and the private sector.

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ANALYSIS
EFFECT OF THE BILL:
Accessory Dwelling Units
The bill requires, rather than authorizes, local governments to adopt an ordinance to allow the construction of
accessory dwelling units (ADUs) in any area zoned for single-family residential and prohibits local governments
from imposing any corresponding increase in parking requirements where such ADUs are constructed. (Section 1.)

The bill also provides that the required ordinance does not apply to a planned unit development or master planned
community, as such terms are defined in current statute. 1 (Section 1.)

1 “Planned unit development” or “master planned community” means an area of land that is planned and developed as a single

entity or in approved stages with uses and structures substantially related to the character of the entire development, or a self-
contained development in which the subdivision and zoning controls are applied to the project as a whole rather than to
individual lots. S. 163.3202(5)(b)2., F.S.
STORAGE NAME: h0247.HAT
DATE: 3/9/2025
1
Mezzanine Finance Model Program
The bill requires the Florida Housing Finance Corporation (Corporation) to establish a model program (Program)
that uses mezzanine financing to encourage local housing authorities to stimulate the supply of affordable housing
for owner occupancy. (Section 2.)

Under the bill, the Corporation must consult with the Shimberg Center for Housing Studies at the University of
Florida on the design of the Program. The Corporation must also select counties in which to implement the
Program. (Section 2.)

Density Bonus Incentives
The bill provides that local governments may provide density bonus incentives to landowners who donate real
estate for the purpose of assisting local governments in providing affordable housing to military families that are
receiving the basic allowance for housing. (Section 3.)

The effective date of the bill is July 1, 2025. (Section 4.)

RULEMAKING:
The bill instructs the Corporation to create and implement a new model program, the Mezzanine Finance Model
Program, which will require rulemaking. 2 The bill does not confer rulemaking authority for this Program, although
the Corporation’s current rulemaking authority in s. 420.507(12), F.S., is sufficient to create and implement this
new Program. 3

Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.

FISCAL OR ECONOMIC IMPACT:

LOCAL GOVERNMENT:
The bill has an indeterminate impact on local housing authorities. 4

PRIVATE SECTOR:
The bill has an indeterminate positive impact on extremely-low-income, very-low-income, low-income, and
moderate-income persons. If more local governments allow for the construction of ADUs, and more ADUs are in
fact constructed, this may lead to an increased supply of attainable housing options throughout Florida. Further, to
the extent the Mezzanine Finance Model Program assists local governments in identifying alternative funding
methods, more attainable housing projects may come to fruition.

The bill also has an indeterminate positive impact on military families who receive the basic allowance for housing,
but only to the extent that the local jurisdictions in which the military families live opt-in to providing the density
bonus incentive under the bill.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Affordable Housing in Florida
Housing is considered affordable when monthly rents or monthly mortgage payments, including taxes, insurance,
and utilities, do not exceed 30 percent of a family’s gross income. 5 Over 2.4 million low-income Florida households

2 Florida Housing Finance Corporation, Agency Analysis of 2025 House Bill 247, pgs. 2 and 4 (Feb. 14, 2025).
3 Id., at pgs. 2 and 4.
4 Id., at p. 3.
5 S. 420.0004(3), F.S.

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2
pay more than 30% of their incomes towards housing, which is the maximum amount considered affordable by
experts. 6 Over half of these households, or 1.3 million low-income households, spend more than 50% of their
income towards housing costs. 7 This makes it difficult for those households to save for retirement or emergencies
and difficult to afford other necessities like food and childcare. 8

Eligibility to participate in Florida’s state and federally-funded housing programs is determined by area median
income (AMI) or statewide median family income, which is published annually by the United States Department of
Housing and Urban Development (HUD). 9 In Florida, the current statewide AMI for a family of four is $88,600 (as
family size changes, the income range also varies): 10
• Extremely-low-income – earning up to 30 percent AMI (at or below $26,600); 11
• Very-low-income – earning from 30.01 to 50 percent AMI ($26,601 to $44,300); 12
• Low-income – earning from 50.01 to 80 percent AMI ($44,301 to $70,900); 13 and
• Moderate-income – earning from 80.01 to 120 percent of AMI ($70,901 to $106,320). 14

As of 2024, Florida had only 24 affordable and available rental units for every 100 extremely low-income renters. 15
In addition, there were little to no communities in Florida that could provide enough housing to support this group
of renters, which is primarily made up of low-income workers, retirees, and people with disabilities. 16

Accessory Dwelling Units
The Legislature has taken measures in recent years to address Florida’s need for more affordable housing. 17 One of
those measures included encouraging the construction of accessory dwelling units (ADUs) in single-family
residential areas to increase the availability of affordable rentals.

An accessory dwelling unit is an ancillary or secondary living unit that has a separate kitchen, bathroom, and
sleeping area, existing either within the same structure, or on the same lot, as the primary dwelling unit. 18 ADUs
can go by many different names such as “carriage house,” “mother-in-law suite,” or “coach house,” and are quite
common throughout the United States. 19

ADUs offer benefits to both individual homeowners and the wider communities where they exist. 20 For individuals,
ADUs:

6 Florida Housing Coalition, 2024 Home Matters Report, p. 2. https://flhousing.org/wp-content/uploads/2024/08/FHC-2024-

Home-Matters-Report.pdf (last visited Feb. 24, 2025).
7 Id.
8 Id.
9 See U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, Income Limits,

https://www.huduser.gov/portal/datasets/il.html#documents_2024 (last visited Feb. 24, 2025).
10 U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, FY 2024 State Income Limits:

Florida,
https://www.huduser.gov/portal/datasets/il/il2024/2024summary.odn?inputname=STTLT*1299999999%2BFlorida&select
ion_type=county&stname=Florida&statefp=12.0&year=2024 (last visited Feb. 24, 2025).
11 Id. See also s. 420.0004(9), F.S.
12 Supra note 10. See also s. 420.0004(17), F.S.
13 Supra note 10. See also s. 420.0004(11), F.S.
14 Supra note 10. See also s. 420.0004(12), F.S.
15 Supra note 6, at p. 2.
16 Id.
17 In 2023, the Legislature passed the Live Local Act, which represented a generational retooling of state housing policy in

Florida. The Legislature made subsequent amendments to the Act in 2024. See chs. 2023-17, and 2024-188, Laws of Fla. See
also Florida Housing Coalition, Overview of the Live Local Act, https://www.floridahousing.org/live-local-act (last visited Feb.
24, 2025).
18 S. 163.31771(2)(a), F.S.
19 City of Tallahassee: Growth Management Department, Zoning Spotlight: Accessory Dwelling Units, March 2024, p. 1.

https://www.talgov.com/uploads/public/documents/growth/zoning_spot_231010.pdf (last visited Feb. 24, 2025).
20 Id.

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3
• Allow families to provide care to aging or disabled relatives, while still providing those relatives some
independence.
• Provide young adults an affordable housing option as a first step after college.
• May be a source of rental income to the landowner. 21

For the wider community, ADUs:
• Are a more affordable housing alternative compared to a single-family residence or apartment unit with
costly neighborhood and amenity fees.
• Create diverse neighborhoods with a variety of residents of different ages and backgrounds. 22

Under current law, a local government in Florida is authorized – but not required – to adopt an ordinance that
allows ADUs in any area zoned for single-family residential use. 23 An application for a permit to construct an ADU
must be accompanied by an affidavit from the applicant in which the applicant attests that the unit will be rented at
an affordable rate to extremely-low-income, very-low-income, low-income, or moderate-income persons. 24

Florida Housing Finance Corporation
The Florida Housing Finance Corporation (Corporation) was created in 1997 as a public-private entity to assist in
providing a range of affordable housing opportunities for Floridians. 25 The Corporation is held by the state and
housed within the Department of Commerce (Department). 26 Additionally, the Corporation is a separate budget
entity and its operations are not subject to control, supervision, or direction by the Department. 27

The Corporation’s mission is to increase the supply of safe, affordable housing for individuals and families in
Florida. 28 The Corporation encourages the investment of private capital and facilitates public and private sector
housing partnerships. 29 As a financial institution, the Corporation administers federal and state resources to
finance the development and preservation of affordable rental housing and assist homebuyers with financing and
down payments. 30

The Corporation may prevent an applicant or an applicant’s affiliate from participating in any of its programs
under certain circumstances if the applicant or affiliate has:
• Made a material misrepresentation or engaged in fraudulent actions in connection with any Corporation
program;
• Been convicted or found guilty of, or entered a plea of guilty or nolo contendere 31 to, a crime in any
jurisdiction which directly relates to the financing, construction, or management of affordable housing or
the fraudulent procurement of state or federal funds;
• Been excluded from any federal funding program related to providing housing, including debarment from
participation in federal housing programs by the U.S. Department of Housing and Urban Development;
• Been excluded from any federal or Florida procurement programs;

21 Id.
22 Id.
23 S. 163.31771(3), F.S.
24 S. 163.31771(4), F.S.
25 See ch. 97-167, Laws of Fla.
26 S. 420.504(1), F.S.
27 S. 420.504(3), F.S.
28 S. 420.502, F.S. See also Florida Housing Finance Corporation, About Florida Housing,

https://www.floridahousing.org/about-florida-housing/ (last visited Feb. 24, 2025);
29 S. 420.502, F.S. See also Office of Program Policy Analysis & Government Accountability, Report No. 09-S15: Florida Housing

Finance Corporation Overview, The Florida Legislature Sunset Review, Jan. 2009, p. 1.
https://oppaga.fl.gov/Documents/Reports/09-15S.pdf (last visited Feb. 24, 2025).
30 See Florida Housing Finance Corporation, About Florida Housing, https://www.floridahousing.org/about-florida-housing/

(last visited Feb. 24, 2025).
31 By entering a plea of nolo contendere, a defendant does not admit the allegations of the charge against him or her in a

technical sense, but rather represents the defendant’s unwillingness to contest the charge. Grizzard v. State, 881 So. 2d 673, at
676-677 (Fla. Dist. Ct. App. 2004). See also, Vinson v. State, 345 So.2d 711 (Fla.1977); Kelly v. Dep't of Health & Rehab. Serv., 610
So.2d 1375 (Fla. 2d DCA 1992).
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4
• Offered or given consideration, other than the consideration to provide affordable housing, with respect to
a local contribution;
• Demonstrated a pattern of noncompliance and a failure to correct any such noncompliance after notice
from the Corporation in the construction, operation, or management of one or more developments funded
through a Corporation program; or
• Materially or repeatedly violated any condition imposed by the corporation in connection with the
administration of a corporation program, including a land use restriction agreement, an extended use
agreement, or any other financing or regulatory agreement with the corporation. 32

Shimberg Center for Housing Studies
The Shimberg Center for Housing Studies at the University of Florida (Shimberg Center) was established in 1988 33
by the Legislature to promote safe and affordable housing and related community development throughout the
state. 34 The Shimberg Center works closely with the Corporation to provide data and analysis to guide Florida’s
affordable housing efforts. 35 Since 2001, the Shimberg Center has provided, under contract with the Corporation,
the Florida Housing Data Clearinghouse, which is a collection of affordable housing supply and demand data. 36

To facilitate planning for the affordable housing needs of Floridians, the Shimberg Center must:
• Quantify affordable housing needs in the state by analyzing data, including information provided through
the housing elements of local comprehensive plans, and identify revisions in the housing element data
requirements that would result in more uniform, meaningful information being obtained;
• Document the results since 1980 of all Department-administered programs that provide incentives for
housing production or improvement, including the number of units produced and the unit cost under each
program; and
• Inventory the supply of affordable housing units made available through federal, state, and local programs,
including unit availability in each local government and the geographic distribution of such units. 37

Additionally, by December 31 of each year, the Shimberg Center must submit to the Legislature an updated housing
report that describes the supply of and need for affordable housing. 38 This annual housing report must include:
• A synopsis of the training activities and community-based housing activities for the year;
• A status report on the degree of progress toward meeting the housing objectives of the Department; and
• Recommended housing initiatives for the next fiscal year and recommended priorities for assistance to the
various target populations within the spectrum of housing need. 39

Mezzanine Financing
Mezzanine financing is a type of financing that allows for access to capital beyond traditional debt and equity
financing. 40 In the world of private real estate transactions, mezzanine financing is a hybrid of debt and equity
financing in which the lender has the right to convert debt to an equity interest in the borrower’s company (or the

32 S. 420.518(1), F.S.
33 When it was created in 1988, the Shimberg Center was originally called the Center for Affordable Housing at UF’s Rinker

School of Construction Management. It was renamed the “Shimberg Center for Affordable Housing” in 1991, and it was again
renamed in 2009 to what it is today, the Shimberg Center for Housing Studies. See Shimberg Center for Housing Studies, About
the Shimberg Center, http://www.shimberg.ufl.edu/about (last visited Feb. 24, 2025).
34 Shimberg Center for Housing Studies, About the Shimberg Center, http://www.shimberg.ufl.edu/about (last visited Feb. 24,

2025).
35 Shimberg Center for Housing Studies, Florida’s Affordable Housing Needs,

http://www.shimberg.ufl.edu/research/affordable-housing-
needs#:~:text=Since%202001%2C%20we%20have%20produced,years%20on%20Florida%20Housing's%20behalf (last
visited Feb. 24, 2025).
36 Id.
37 S. 420.6075(1), F.S.
38 S. 420.6075(2), F.S.
39 Id.
40 See Origin Investments, What is Mezzanine Debt? July 21, 2023. https://origininvestments.com/what-is-mezzanine-debt/

(last visited Feb. 24, 2025).
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5
company, if the company is the borrower) in the event of default. 41 In terms of risk, mezzanine financing exists
between senior debt 42 and equity. 43, 44

An example of an existing federal government program that utilizes mezzanine financing is the New Markets Tax
Credit Program (NMTC Program), which helps economically distressed communities attract private capital by
providing investors with a federal tax credit. 45 Through the NMTC Program, the Community Development Financial
Institutions Fund (CDFI Fund), which is part of the U.S. Department of the Treasury, allocates tax credit authority
to Community Development Entities (CDEs) through a competitive application process. 46 CDEs are financial
intermediaries through which private capital flows from an investor to a qualified business located in a low-income
community. 47 CDEs use their authority to offer tax credits to investors in exchange for equity in the CDE. 48

Using the capital from these equity investments, CDEs can make loans and investments to businesses operating in
low-income communities on better rates and terms than others in the market. In exchange for investing in the
CDEs, investors claim a tax credit worth 39% of their original CDE equity stake, which is claimed over a seven-year
period. 49

Density Bonus Incentives
A density bonus is a development incentive that allows developers to increase the maximum allowable
development for a proposed project, as defined by a local zoning code, in exchange for the developer’s support of
specified public policy goals. 50 Density bonus programs are a common planning tool at local, county, and state
levels all over the United States, but vary greatly both in the kinds of bonuses offered and the policy goals the
incentives are intended to address. 51

In Florida, local governments have the inherent home rule authority 52 to provide density bonuses in exchange for
the production of affordable housing units. 53 Specifically, a local government may provide density bonus incentives

41 Investopedia, Mezzanine Financing: What Mezzanine Debt Is and How It’s Used, June 13, 2024.

https://www.investopedia.com/terms/m/mezzaninefinancing.asp (last visited Feb. 24, 2025).
42 Senior debt is borrowed money that a company must repay first if it goes out business. Each type of financing has a different

priority level in being repaid if a company goes out of business. If a company goes bankrupt, the issuers of senior debt, which
are often bondholders or banks that have issued revolving credit lines, are most likely to be repaid, followed by junior or
subordinated debt holders and hybrid debt instruments such as convertible notes, then preferred stock holders. Common
stock holders are typically last on the list. Investopedia, Senior Debt: What It Is, Why It’s Less Risky, Nov. 2020,
https://www.investopedia.com/terms/s/seniordebt.asp (last visited Feb. 28, 2025).
43 Equity financing is the process of raising capital for a company through the sale of issued shares. Investopedia, What is

Equity Financing? July 2024, https://www.investopedia.com/terms/e/equityfinancing.asp (last visited Feb. 28, 2025).
44 Supra, note 41.
45 U.S. Dept. of the Treasury Community Development Financial Institutions Fund, Fact Sheet: New Markets Tax Credit Program,

Oct. 13, 2022. https://www.cdfifund.gov/sites/cdfi/files/2022-11/New_Markets_Tax_Credit_Program_FactSheet.pdf (last
visited Feb. 24, 2025).
46 Id.
47 Id.
48 Id.
49 Id.
50 Planetizen, What is a Density Bonus? https://www.planetizen.com/definition/density-bonuses (last visited Feb. 24, 2025).
51 Id.
52 Home rule power refers to the ability of counties and municipalities to enact ordinances at the local level without prior state

approval. Such ordinances, however, must not conflict with state or federal laws. In Florida, home rule language was proposed
and subsequently adopted in the 1968 Constitutional revision. After several legal challenges, the Legislature adopted the
Home Rule Powers Act in 1973, which ended challenges related to city and county home rule powers. See Florida League of
Cities, Understanding Florida’s Home Rule Power, May 2011, https://www.floridaleagueofcities.com/docs/default-
source/Civic-Education/historyofhomerule.pdf?sfvrsn=2 (last visited Feb. 24, 2025).
53 See ss. 125.01055(1), (2), (4), and (6), F.S.; s. 166.04151(1), (2), (4), and (6), F.S.

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6
to any landowner who voluntarily donates real property to the local government for the purpose of assisting the
local government in providing affordable housing. 54

In practice, an increase in density for a proposed development offers an economic incentive for developers to
produce affordable housing. 55 The allowance of full density allowed by local land use and zoning regulations, as
well as additional approved units allowed by density bonuses, creates the opportunity for an affordable housing
development to be financially feasible. 56 The allowance of more density also incentivizes market-rate developers to
produce affordable units. 57 The sale of more units or the leasing of more apartments offsets the lower sales price or
rent payments for each affordable unit. 58

To receive a density bonus under Florida law, the donated real property must:
• Be appropriate for use as affordable housing, as determined by the local government; 59 and
• Be subject to deed restrictions to ensure the property will be used for affordable housing. 60

The deed restrictions must also prohibit an affordable housing unit from being sold at a price that exceeds the
threshold for housing that is affordable for low-income or moderate-income persons or to a buyer who is not
eligible due to his or her income under chapter 420, F.S., Florida’s Housing statutes. The deed restriction may allow
affordable housing units to be rented to extremely-low-income, very-low-income, low-income, or moderate-
income persons. 61

RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2023 CS/SB 102 Busatta Calatayud The legislation that enacted
the original Live Local Act in
2023.
2024 CS/CS/SB 328 Lopez, V. Calatayud The 2024 legislation that
amended the Live Local Act.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee

54 S. 420.615(1), F.S.
55 Florida Housing Coalition, Affordable Housing Incentive Strategies: A Guidebook for Affordable Housing Advisory Committee

Members and Local Government Staff, Aug. 2021, p. 49, https://www.flhousing.org/wp-content/uploads/2021/08/8-4-21-
AHAC-Guide-UPDATE.pdf (last visited Feb. 24, 2025).
56 Id.
57 Id.
58 Id.
59 S. 420.615(1), F.S.
60 S. 420.615(6), F.S.
61 Id.

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8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 247 2025

1 A bill to be entitled
2 An act relating to affordable housing; amending s.
3 163.31771, F.S.; requiring, rather than authorizing, a
4 local government to adopt an ordinance to allow
5 accessory dwelling units in certain areas; prohibiting
6 such an ordinance from increasing parking
7 requirements; providing applicability of such an
8 ordinance; creating s. 420.5098, F.S.; requiring the
9 Florida Housing Finance Corporation to establish a
10 model program that uses mezzanine finance for a
11 certain purpose; requiring the corporation to consult
12 with a specified entity; amending s. 420.615, F.S.;
13 authorizing a local government to provide a density
14 bonus incentive to landowners who make certain real
15 property donations to assist in the provision of
16 affordable housing for military families; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (3) of section 163.31771, Florida
22 Statutes, is amended to read:
23 163.31771 Accessory dwelling units.—
24 (3) A local government shall may adopt an ordinance to
25 allow accessory dwelling units, without any corresponding

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HB 247 2025

26 increase in parking requirements, in any area zoned for single-
27 family residential use. Such ordinance does not apply to a
28 planned unit development or master planned community as those
29 terms are defined in s. 163.3202(5)(b)2.
30 Section 2. Section 420.5098, Florida Statutes, is created
31 to read:
32 420.5098 Mezzanine finance model program.—The Florida
33 Housing Finance Corporation shall establish a model program that
34 uses mezzanine finance to encourage local housing authorities to
35 stimulate the supply of affordable housing for owner occupancy.
36 The corporation shall consult with the Shimberg Center for
37 Housing Studies at the University of Florida on the design of
38 the program. The corporation shall select counties in which to
39 implement the program.
40 Section 3. Subsection (1) of section 420.615, Florida
41 Statutes, is amended to read:
42 420.615 Affordable housing land donation density bonus
43 incentives.—
44 (1) A local government may provide density bonus
45 incentives pursuant to the provisions of this section to any
46 landowner who voluntarily donates fee simple interest in real
47 property to the local government for the purpose of assisting
48 the local government in providing affordable housing, including
49 housing that is affordable for military families receiving the
50 basic allowance for housing. Donated real property must be

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51 determined by the local government to be appropriate for use as
52 affordable housing and must be subject to deed restrictions to
53 ensure that the property will be used for affordable housing.
54 Section 4. This act shall take effect July 1, 2025.

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HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE

HB 247 by Rep. Conerly
Relating to Affordable Housing

AMENDMENT SUMMARY
March 11, 2025

Amendment 1 by Rep. Conerly (Line 23): The amendment modifies the definition of “accessory
dwelling unit” to include certain manufactured homes.

Amendment 2 by Rep. Conerly (Line 30): The amendment removes the requirement for the
Florida Housing Finance Corporation to establish a mezzanine finance model program.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 247 (2025)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Conerly offered the following:
4
5 Amendment (with directory and title amendments)
6 Between lines 23 and 24, insert:
7 (2) As used in this section, the term:
8 (a) “Accessory dwelling unit” means an ancillary or
9 secondary living unit, that has a separate kitchen, bathroom,
10 and sleeping area, existing either within the same structure, or
11 on the same lot, as the primary dwelling unit and shall include
12 manufactured homes constructed on or after January 1, 2025 to
13 the National Manufactured Housing Construction and Safety
14 Standards.
15
16 -----------------------------------------------------
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 247 (2025)
Amendment No. 1

17 D I R E C T O R Y A M E N D M E N T
18 Remove lines 21-22 and insert:
19 Section 1. Paragraph (a) of subsection (2), and subsection
20 (3) of section 163.31771, Florida Statutes, is amended to read:
21
22 -----------------------------------------------------
23 T I T L E A M E N D M E N T
24 Remove line 3 and insert:
25 s. 163.31771, F.S.; amending the definition of
26 accessory dwelling unit to include certain
27 manufactured homes; requiring, rather than
28 authorizing, a

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Page 2 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 247 (2025)
Amendment No. 2

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Conerly offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 30-39
7
8
9 -----------------------------------------------------
10 T I T L E A M E N D M E N T
11 Remove lines 8-12 and insert:
12 ordinance; amending s. 420.615, F.S.;

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Page 1 of 1
HB 381
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 381 COMPANION BILL: SB 784 (Ingoglia)
TITLE: Issuance of Address and Individual Parcel LINKED BILLS: None
Identification Numbers RELATED BILLS: None
SPONSOR(S): Holcomb
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
 

SUMMARY
Effect of the Bill:
Requires the local government responsible for reviewing and approving a plat to issue street and mailing addresses,
along with individual parcel identification numbers, within two weeks after a final plat has been recorded; imposes
a financial penalty on the local government for failing to meet the deadline.

Fiscal or Economic Impact:
None

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill requires local governments to issue the street and mailing address, along with the individual parcel
identification numbers within two weeks after a final plat is recorded by the circuit court clerk or other recording
officer. (Section 1).

The bill imposes a penalty on a local government that fails to comply with the 2-week deadline; the building permit
fee is reduced by 10% for each business day the local government fails to issue the street, mailing address and parcel
identification number. (Section 1).

The effective date of the bill is July 1, 2025. (Section 2).

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Platting
A “plat” is a map or detailed representation of the subdivision of lands, providing a complete and precise depiction
of the subdivision, along with other information that complies with all applicable state requirements and local
ordinances.1 Platting ensures that when subdividing property into lots, all streets, alleys, easements, rights-of-way,
public areas, utilities, and sewer and stormwater improvements are identified.2

While state laws provide the minimum requirements for the platting of lands, local governments may adopt
additional requirements.3

1 S. 177.031(14), F.S.
2 S. 177.091, F.S.; LakelandLaw.com, The Basics of Platting Property, (May 28, 2020), LakelandLaw.com (last visited Feb. 19,

2025).
3 S. 177.011, F.S.; Jimerson Birr, Platting, Jimerson Birr (last visited Feb. 21, 2025).

STORAGE NAME: h0381.HAT
DATE: 3/9/2025
1
The authority for plat approval is designated as follows:4
 When the plat to be submitted for approval is located wholly within the boundaries of a municipality, the
governing body of the municipality has exclusive jurisdiction to approve the plat.
 When a plat lies wholly within the unincorporated areas of a county, the governing body of the county has
exclusive jurisdiction to approve the plat.
 When a plat lies within the boundaries of more than one governing body, two plats must be prepared and
each governing body has exclusive jurisdiction to approve the plat within its boundaries, unless the
governing bodies having said jurisdiction agree that one plat is mutually acceptable.

Many local governments have a process to approve a preliminary plat before approving a final plat, and once a
preliminary plat is approved, a developer may be allowed to commence construction before the plat is approved. For
example, the City of Jacksonville, the Village of Royal Palm Beach, and the City of Tallahassee allow for a preliminary
plat approval process.5

The fee to have a plat approved differs between local governments. For instance:
 The city of Orlando charges either $1,200 or $3,000, depending on the type of plat being submitted.6
 Madison County charges either $1500, $1700, or $2000, depending on whether it is a preliminary or final
plat and whether improvements are required; additionally, Madison County charges a $50 fee per lot, along
with consultant fees.7

Once a final plat is approved, it is submitted to the clerk of the circuit court for recording.8

RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2024 CS/CS/HB 665 McClain Ingoglia The bill was laid on the table.
SB 812, similar, was approved
by the Governor.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Rodriguez
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee

4 S. 177.071(1), F.S.
5 City of Jacksonville Code of Ordinances s. 654-109; Village of Royal Palm Beach Code of Ordinances s. 22-22; City of

Tallahassee Code of Ordinances s. 9-92.
6 City of Orlando, Fees—Commercial Development, City of Orlando (last visited Feb. 25, 2025).
7 Madison County Florida, Planning & Zoning Fees, Madison County (last visited Feb. 25, 2025).
8 S. 177.073(1)(b), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 381 2025

1 A bill to be entitled
2 An act relating to issuance of address and individual
3 parcel identification numbers; creating s. 177.1115,
4 F.S.; requiring the appropriate governing body to
5 issue, within a specified time after the recording of
6 the plat, certain information; providing a penalty;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 177.1115, Florida Statutes, is created
12 to read:
13 177.1115 Issuance of address and individual parcel
14 identification numbers after final plat is recorded; penalty.-
15 (1) Within 2 weeks after the recordation of a plat by the
16 circuit court clerk or other recording officer, the appropriate
17 governing body shall issue the street and mailing address, along
18 with the individual parcel identification numbers, as contained
19 in the plat offered for recording pursuant to s. 177.091.
20 (2) If the appropriate governing body does not issue the
21 street and mailing address, along with the individual parcel
22 identification numbers, within the 2-week period in subsection
23 (1), the building permit fee shall be reduced by 10 percent for
24 each business day that the body fails to issue such information.
25 Section 2. This act shall take effect July 1, 2025.

Page 1 of 1

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hb381-00
HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE

HB 381 by Rep. Holcomb
Relating to Issuance of Address and Individual Parcel Identification

AMENDMENT SUMMARY
March 11, 2025

Amendment #1 by Rep. Holcomb (Line 14-25): The amendment establishes a 14-business-day
deadline for local governments to issue certain information and authorizes applicants to hire certain
private providers.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 381 (2025)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Holcomb offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 14-24 and insert:
7 identification numbers after final plat is recorded; private
8 provider alternative; penalty.
9 (1) Within 14 business days after the recordation of a plat
10 by the circuit court clerk or other recording officer, the
11 appropriate governing body shall issue the street and mailing
12 address, along with the individual parcel identification
13 numbers, as contained in the plat offered for recording pursuant
14 to s. 177.091.
15 (2) If the appropriate governing body does not issue the
16 required street and mailing address, along with the individual
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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 381 (2025)
Amendment No. 1

17 parcel identification numbers, within the 14-business-day period
18 prescribed in subsection (1), the following shall apply:
19 (a) The applicant may engage a private provider, duly
20 registered in the state, to create the required addresses and
21 parcel identification numbers in accordance with applicable
22 local, state, and national addressing standards.
23 (b) Upon completion, the private provider shall submit the
24 assigned addresses and parcel identification numbers to the
25 governing body for verification. The governing body must
26 complete its verification process within 5 business days of
27 receiving the submission.
28 (c) If the governing body fails to verify the submitted
29 addresses and parcel identification numbers within 5 business
30 days, the addresses assigned by the private provider shall be
31 deemed approved for all official purposes.
32 (3) The governing body shall not collect any addressing fee
33 if it fails to issue the required address and parcel
34 identification numbers within the timeframes specified in this
35 section.
36
37
38 -----------------------------------------------------
39 T I T L E A M E N D M E N T
40 Remove line 6 and insert:

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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 381 (2025)
Amendment No. 1

41 the plat, certain information; authorizing the use of a
42 private provider; providing a penalty;

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Page 3 of 3
HB 579
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 579 COMPANION BILL: SB 1080 (McClain)
TITLE: Development Permits and Orders LINKED BILLS: None
SPONSOR(S): Overdorf RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
 

SUMMARY
Effect of the Bill:
The bill requires local governments to:
• Specify the minimum information required for certain zoning applications; and
• Process an application for a development permit or development order within certain timeframes.

The bill also prohibits a local government from limiting the number of quasi-judicial hearings or public hearings if
such limitation causes delay in the consideration of an application.

Additionally, the bill provides that a local government must issue a refund to an applicant if the local government
fails to meet certain timeframes when processing an application. There are exceptions to the requirement to issue a
refund if certain conditions exist.

Fiscal or Economic Impact:
The bill has an indeterminate impact on local governments and the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Minimum Information for Certain Zoning Applications
The bill requires that a local government 1 must specify in writing the minimum information that must be
submitted in an application for a zoning approval, rezoning approval, subdivision approval, certification, special
exception, or variance. Under the bill, the local government must:
• Make the minimum information available for inspection and copying at the location where the local
government receives applications for development permits and orders;
• Provide the minimum information to the applicant at a preapplication meeting; or
• Post the minimum information on the local government’s website. (Section 1 for counties; Section 2 for
municipalities.)

Timeframes for Processing an Application
Within 5 business days after receiving an application for approval of a development permit or development order,
the bill requires that a local government must confirm receipt of the application using the contact information
provided by the applicant. (Section 1 for counties; Section 2 for municipalities.)

1 Local government means any county or municipality. See s. 163.3164(29), F.S.

STORAGE NAME: h0579.HAT
DATE: 3/9/2025
1
The bill clarifies that, within 30 days after receiving an application for approval of a development permit or order,
a local government must review the application for completeness and either:
• Issue a written notification to the applicant indicating that all required information is submitted; or
• Specify, with particularity and in writing, any areas that are deficient. (Section 1 for counties; Section 2 for
municipalities.)

For an application for a development permit or order that does not require final action through a quasi-judicial
hearing or public hearing, the bill requires a local government to, within 120 days after the local government has
deemed the application complete:
• Approve the application;
• Approve the application with conditions; or
• Deny the application. (Section 1 for counties; Section 2 for municipalities.)

For an application for a development permit or order that does require final action through a quasi-judicial hearing
or public hearing, the bill requires a local government to, within 180 days after the local government has deemed
the application complete:
• Approve the application;
• Approve the application with conditions; or
• Deny the application. (Section 1 for counties; Section 2 for municipalities.)

The bill prohibits a local government from limiting the number of quasi-judicial hearings or public hearings held
each month if such limitation causes any delay in the consideration of an application for approval of a development
permit or order. (Section 1 for counties; Section 2 for municipalities.)

Additionally, the bill clarifies that a local government and an applicant may agree in writing to an extension of time
for processing an application, particularly in the event of a force majeure or other extraordinary circumstance.
(Section 1 for counties; Section 2 for municipalities.)

The bill provides that the foregoing timeframes restart if an applicant makes a substantive change to the
application. The bill defines “substantive change” as an applicant-initiated change of 15 percent or more in the
proposed density, intensity, or square footage of a parcel. (Section 1 for counties; Section 2 for municipalities.)

Requirement to Issue a Refund
The bill requires a local government to issue a refund to an applicant equal to:
• Ten percent of the application fee if the local government fails to issue written notification of completeness
or written specification of areas of deficiency within 30 days after receiving the application.
• Ten percent of the application fee if the local government fails to issue a written notification of
completeness or written specification of areas of deficiency within 30 days after receiving the additional
information pursuant to an initial request by the local government to furnish such additional information.
• Twenty percent of the application fee if the local government fails to issue a written notification of
completeness or written specification of areas of deficiency within 10 days after receiving the additional
information pursuant to a second request by the local government to furnish such additional information.
• Fifty percent of the application fee if the local government fails to approve, approve with conditions, or
deny the application within 30 days after conclusion of the 120-day or 180-day timeframe specified above.
• One hundred percent of the application fee if the local government fails to approve, approve with
conditions, or deny an application 31 days or more after conclusion of the 120-day or 180-day timeframe
specified above. (Section 1 for counties; Section 2 for municipalities.)

Under the bill, however, a local government is not required to issue a refund in any of the foregoing scenarios if:
• The applicant and the local government agree to an extension of time;
• The delay is caused by the applicant; or
• The delay is attributable to a force majeure or other extraordinary circumstance. (Section 1 for counties;
Section 2 for municipalities.)

2
FISCAL OR ECONOMIC IMPACT:

LOCAL GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on local governments to the extent those governments
must issue refunds for failing to meet statutory deadlines relating to development permits and orders.
PRIVATE SECTOR:
The bill may have an indeterminate positive fiscal impact to the extent applicants receive refunds from counties
and municipalities that fail to meet statutory deadlines relating to development permits and orders.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Comprehensive Planning
The Community Planning Act 2 provides counties and municipalities with the power to plan for future development
by adopting comprehensive plans. 3 Each county and municipality must maintain a comprehensive plan to guide
future development and growth. 4

All development, both public and private, and all development orders approved by local governments must be
consistent with the local government’s comprehensive plan. 5 A comprehensive plan is intended to provide for the
future use of land, which contemplates a gradual and ordered growth, and establishes a long-range maximum limit
on the possible intensity of land use. 6

A locality’s comprehensive plan lays out the locations for future public facilities, including roads, water and sewer
facilities, neighborhoods, parks, schools, and commercial and industrial developments. 7 A comprehensive plan is
made up of 10 required elements, each laying out regulations for a different facet of development. 8 Local
governments may also include optional elements in their comprehensive plan. 9 The 10 required elements are:
• Capital improvements.
• Future land use plan.
• Transportation.
• General sanitary sewer, solid waste, drainage, potable water and natural groundwater aquifer recharge.
• Conservation.
• Recreation and open space.
• Housing.
• Coastal management.
• Intergovernmental coordination.
• Property rights.10

Development Permits and Orders

2 Ch. 163, part II, F.S.
3 S. 163.3167(1), F.S.
4 S. 163.3167(2), F.S.
5 S. 163.3194(1)(a), F.S.
6 See, e.g., Comprehensive Plan of Sarasota County, Fla. Codified through Ordinance No. 2024-028 (May 2024). Future Land Use

Policy 1.1.1. https://library.municode.com/fl/sarasota_county/codes/comprehensive_plan?nodeId=ELEMENT_3LAUS (last
visited Mar. 8, 2025).
7 S. 163.3177(1), F.S.
8 S. 163.3177(6), F.S.
9 S. 163.3177(1)(b), F.S.
10 Id.

3
Under the Community Planning Act, a development permit is any official action of a local government permitting
the development of land. 11 Development plans include, but are not limited to, building permits, zoning permits,
subdivision approval, rezoning, certifications, special exceptions, and variances. 12 A development order is issued by
a local government and grants, denies, or grants with conditions an application for a development permit. 13

Within 30 days after receiving an application for approval of a development permit or development order, a county
or municipality must review the application for completeness and issue a letter indicating that all required
information is submitted or specify any areas that are deficient. 14 If the application is deficient, the applicant has 30
days to address the deficiencies by submitting the required additional information.

Within 120 days after the county or municipality has deemed the application complete, or 180 days for
applications that require final action through a quasi-judicial hearing or a public hearing, the county or
municipality must approve, approve with conditions, or deny the application for a development permit or
development order. 15 Both the applicant and the local government may agree to an extension of time, particularly
in the event of a force majeure or other extraordinary circumstance. An approval, approval with conditions, or
denial of the application for a development permit or development order must include written findings supporting
the county’s decision. These timeframes do not apply in an area of critical state concern.

When reviewing an application for a development permit or development order, not including building permit
applications, a county or municipality may not request additional information from the applicant more than three
times, unless the applicant waives the limitation in writing. 16

If a county or municipality makes a request for additional information from the applicant and the applicant
provides the information within 30 days of receiving the request, the county or the municipality must:
• Review the additional information and issue a letter to the applicant indicating that the application is
complete or specify the remaining deficiencies within 30 days of receiving the information, if the request is
the county’s or municipality’s first request. 17
• Review the additional information and issue a letter to the applicant indicating that the application is
complete or specify the remaining deficiencies within 10 days of receiving the additional information, if the
request is the county’s or municipality’s second request. 18
• Deem the application complete within 10 days of receiving the additional information or proceed to
process the application for approval or denial unless the applicant waived the county’s or municipality’s
time limitations in writing, if the request is the county’s or municipality’s third request. 19

Before a third request for information, the applicant must be offered a meeting to attempt to resolve outstanding
issues. If the applicant believes the request for additional information is not authorized by ordinance, rule, statute,
or other legal authority, the applicant can request that the county or municipality proceed to process the
application for approval or denial. 20

If a development permit or order is denied, the county or municipality must give written notice to the applicant
and must reference the applicable legal authority for the denial of the permit. 21

11 S. 163.3164(16), F.S.
12 Id.
13 See ss. 125.022, F.S., 163.3164(15), F.S., and 166.033, F.S.
14 Ss. 125.022(1), F.S. and 166.033(1), F.S.
15 Ss. 125.022(1), F.S. and 166.033(1), F.S.
16 Ss. 125.022(2)(a) and 166.033(2)(a), F.S.
17 Ss. 25.022(2)(b) and 166.033(2)(b), F.S.
18 Ss.125.022(2)(c) and 166.033(2)(c), F.S.
19 Ss. 125.022(2)(d) and 166.033(2)(d), F.S.
20 Ss. 125.022(2)(e) and 166.033(2)(e), F.S.
21 Ss. 125.022(3) and 166.033(3), F.S.

4
RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2024 CS/HB 791 Overdorf, Esposito Perry The bill made it to the Second
Reading Calendar in the
House, but died before being
voted off of the House Floor.
The companion bill, SB 1150,
was only heard in the first
committee of reference.

5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 579 2025

1 A bill to be entitled
2 An act relating to development permits and orders;
3 amending ss. 125.022 and 166.033, F.S.; requiring
4 counties and municipalities, respectively, to meet
5 specified requirements regarding the minimum
6 information necessary for certain zoning applications;
7 revising timeframes for processing applications for
8 approvals of development permits or development
9 orders; prohibiting counties and municipalities,
10 respectively, from limiting the number of quasi-
11 judicial or public hearings held each month in certain
12 circumstances; defining the term "substantive change";
13 providing refund parameters in situations where the
14 county or municipality, respectively, fails to meet
15 certain timeframes; providing exceptions; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 125.022, Florida Statutes, is amended
21 to read:
22 125.022 Development permits and orders.—
23 (1) A county shall specify in writing the minimum
24 information that must be submitted in an application for a
25 zoning approval, rezoning approval, subdivision approval,

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HB 579 2025

26 certification, special exception, or variance. A county shall
27 make the minimum information available for inspection and
28 copying at the location where the county receives applications
29 for development permits and orders, provide the information to
30 the applicant at a preapplication meeting, or post the
31 information on the county's website.
32 (2) Within 5 business days after receiving an application
33 for approval of a development permit or development order, a
34 county shall confirm receipt of the application using contact
35 information provided by the applicant. Within 30 days after
36 receiving an application for approval of a development permit or
37 development order, a county must review the application for
38 completeness and issue a written notification to the applicant
39 letter indicating that all required information is submitted or
40 specify in writing specifying with particularity any areas that
41 are deficient. If the application is deficient, the applicant
42 has 30 days to address the deficiencies by submitting the
43 required additional information. For applications that do not
44 require final action through a quasi-judicial hearing or a
45 public hearing, the county must approve, approve with
46 conditions, or deny the application for a development permit or
47 development order within 120 days after the county has deemed
48 the application complete., or 180 days For applications that
49 require final action through a quasi-judicial hearing or a
50 public hearing, the county must approve, approve with

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HB 579 2025

51 conditions, or deny the application for a development permit or
52 development order within 180 days after the county has deemed
53 the application complete. A county may not limit the number of
54 quasi-judicial hearings or public hearings held each month if
55 such limitation causes any delay in the consideration of an
56 application for approval of a development permit or development
57 order. Both parties may agree in writing to a reasonable request
58 for an extension of time, particularly in the event of a force
59 majeure or other extraordinary circumstance. An approval,
60 approval with conditions, or denial of the application for a
61 development permit or development order must include written
62 findings supporting the county's decision. The timeframes
63 contained in this subsection do not apply in an area of critical
64 state concern, as designated in s. 380.0552. The timeframes
65 contained in this subsection restart if an applicant makes a
66 substantive change to the application. As used in this
67 subsection, the term "substantive change" means an applicant-
68 initiated change of 15 percent or more in the proposed density,
69 intensity, or square footage of a parcel.
70 (3)(a)(2)(a) When reviewing an application for a
71 development permit or development order that is certified by a
72 professional listed in s. 403.0877, a county may not request
73 additional information from the applicant more than three times,
74 unless the applicant waives the limitation in writing.
75 (b) If a county makes a request for additional information

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76 and the applicant submits the required additional information
77 within 30 days after receiving the request, the county must
78 review the application for completeness and issue a letter
79 indicating that all required information has been submitted or
80 specify with particularity any areas that are deficient within
81 30 days after receiving the additional information.
82 (c) If a county makes a second request for additional
83 information and the applicant submits the required additional
84 information within 30 days after receiving the request, the
85 county must review the application for completeness and issue a
86 letter indicating that all required information has been
87 submitted or specify with particularity any areas that are
88 deficient within 10 days after receiving the additional
89 information.
90 (d) Before a third request for additional information, the
91 applicant must be offered a meeting to attempt to resolve
92 outstanding issues. If a county makes a third request for
93 additional information and the applicant submits the required
94 additional information within 30 days after receiving the
95 request, the county must deem the application complete within 10
96 days after receiving the additional information or proceed to
97 process the application for approval or denial unless the
98 applicant waived the county's limitation in writing as described
99 in paragraph (a).
100 (e) Except as provided in subsection (7) (5), if the

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101 applicant believes the request for additional information is not
102 authorized by ordinance, rule, statute, or other legal
103 authority, the county, at the applicant's request, shall proceed
104 to process the application for approval or denial.
105 (4) A county must issue a refund to an applicant equal to:
106 (a) Ten percent of the application fee if the county fails
107 to issue written notification of completeness or written
108 specification of areas of deficiency within 30 days after
109 receiving the application.
110 (b) Ten percent of the application fee if the county fails
111 to issue a written notification of completeness or written
112 specification of areas of deficiency within 30 days after
113 receiving the additional information pursuant to paragraph
114 (3)(b).
115 (c) Twenty percent of the application fee if the county
116 fails to issue a written notification of completeness or written
117 specification of areas of deficiency within 10 days after
118 receiving the additional information pursuant to paragraph
119 (3)(c).
120 (d) Fifty percent of the application fee if the county
121 fails to approve, approves with conditions, or denies the
122 application within 30 days after conclusion of the 120-day or
123 180-day timeframe specified in subsection (2).
124 (e) One hundred percent of the application fee if the
125 county fails to approve, approves with conditions, or denies an

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126 application 31 days or more after conclusion of the 120-day or
127 180-day timeframe specified in subsection (2).
128
129 A county is not required to issue a refund if the applicant and
130 the county agree to an extension of time, the delay is caused by
131 the applicant, or the delay is attributable to a force majeure
132 or other extraordinary circumstance.
133 (5)(3) When a county denies an application for a
134 development permit or development order, the county shall give
135 written notice to the applicant. The notice must include a
136 citation to the applicable portions of an ordinance, rule,
137 statute, or other legal authority for the denial of the permit
138 or order.
139 (6)(4) As used in this section, the terms "development
140 permit" and "development order" have the same meaning as in s.
141 163.3164, but do not include building permits.
142 (7)(5) For any development permit application filed with
143 the county after July 1, 2012, a county may not require as a
144 condition of processing or issuing a development permit or
145 development order that an applicant obtain a permit or approval
146 from any state or federal agency unless the agency has issued a
147 final agency action that denies the federal or state permit
148 before the county action on the local development permit.
149 (8)(6) Issuance of a development permit or development
150 order by a county does not in any way create any rights on the

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151 part of the applicant to obtain a permit from a state or federal
152 agency and does not create any liability on the part of the
153 county for issuance of the permit if the applicant fails to
154 obtain requisite approvals or fulfill the obligations imposed by
155 a state or federal agency or undertakes actions that result in a
156 violation of state or federal law. A county shall attach such a
157 disclaimer to the issuance of a development permit and shall
158 include a permit condition that all other applicable state or
159 federal permits be obtained before commencement of the
160 development.
161 (9)(7) This section does not prohibit a county from
162 providing information to an applicant regarding what other state
163 or federal permits may apply.
164 Section 2. Section 166.033, Florida Statutes, is amended
165 to read:
166 166.033 Development permits and orders.—
167 (1) A municipality shall specify in writing the minimum
168 information that must be submitted for an application for a
169 zoning approval, rezoning approval, subdivision approval,
170 certification, special exception, or variance. A municipality
171 shall make the minimum information available for inspection and
172 copying at the location where the municipality receives
173 applications for development permits and orders, provide the
174 information to the applicant at a preapplication meeting, or
175 post the information on the municipality's website.

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176 (2) Within 5 business days after receiving an application
177 for approval of a development permit or development order, a
178 municipality shall confirm receipt of the application using
179 contact information provided by the applicant. Within 30 days
180 after receiving an application for approval of a development
181 permit or development order, a municipality must review the
182 application for completeness and issue a written notification to
183 the applicant letter indicating that all required information is
184 submitted or specify in writing specifying with particularity
185 any areas that are deficient. If the application is deficient,
186 the applicant has 30 days to address the deficiencies by
187 submitting the required additional information. For applications
188 that do not require final action through a quasi-judicial
189 hearing or a public hearing, the municipality must approve,
190 approve with conditions, or deny the application for a
191 development permit or development order within 120 days after
192 the municipality has deemed the application complete., or 180
193 days For applications that require final action through a quasi-
194 judicial hearing or a public hearing, the municipality must
195 approve, approve with conditions, or deny the application for a
196 development permit or development order within 180 days after
197 the municipality has deemed the application complete. A
198 municipality may not limit the number of quasi-judicial hearings
199 or public hearings held each month if such limitation causes any
200 delay in the consideration of an application for approval of a

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201 development permit or development order. Both parties may agree
202 in writing to a reasonable request for an extension of time,
203 particularly in the event of a force majeure or other
204 extraordinary circumstance. An approval, approval with
205 conditions, or denial of the application for a development
206 permit or development order must include written findings
207 supporting the municipality's decision. The timeframes contained
208 in this subsection do not apply in an area of critical state
209 concern, as designated in s. 380.0552 or chapter 28-36, Florida
210 Administrative Code. The timeframes contained in this subsection
211 restart if an applicant makes a substantive change to the
212 application. As used in this subsection, the term "substantive
213 change" means an applicant-initiated change of 15 percent or
214 more in the proposed density, intensity, or square footage of a
215 parcel.
216 (3)(a)(2)(a) When reviewing an application for a
217 development permit or development order that is certified by a
218 professional listed in s. 403.0877, a municipality may not
219 request additional information from the applicant more than
220 three times, unless the applicant waives the limitation in
221 writing.
222 (b) If a municipality makes a request for additional
223 information and the applicant submits the required additional
224 information within 30 days after receiving the request, the
225 municipality must review the application for completeness and

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226 issue a letter indicating that all required information has been
227 submitted or specify with particularity any areas that are
228 deficient within 30 days after receiving the additional
229 information.
230 (c) If a municipality makes a second request for
231 additional information and the applicant submits the required
232 additional information within 30 days after receiving the
233 request, the municipality must review the application for
234 completeness and issue a letter indicating that all required
235 information has been submitted or specify with particularity any
236 areas that are deficient within 10 days after receiving the
237 additional information.
238 (d) Before a third request for additional information, the
239 applicant must be offered a meeting to attempt to resolve
240 outstanding issues. If a municipality makes a third request for
241 additional information and the applicant submits the required
242 additional information within 30 days after receiving the
243 request, the municipality must deem the application complete
244 within 10 days after receiving the additional information or
245 proceed to process the application for approval or denial unless
246 the applicant waived the municipality's limitation in writing as
247 described in paragraph (a).
248 (e) Except as provided in subsection (7) (5), if the
249 applicant believes the request for additional information is not
250 authorized by ordinance, rule, statute, or other legal

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251 authority, the municipality, at the applicant's request, shall
252 proceed to process the application for approval or denial.
253 (4) A municipality must issue a refund to an applicant
254 equal to:
255 (a) Ten percent of the application fee if the municipality
256 fails to issue written notification of completeness or written
257 specification of areas of deficiency within 30 days after
258 receiving the application.
259 (b) Ten percent of the application fee if the municipality
260 fails to issue written notification of completeness or written
261 specification of areas of deficiency within 30 days after
262 receiving the additional information pursuant to paragraph
263 (3)(b).
264 (c) Twenty percent of the application fee if the
265 municipality fails to issue written notification of completeness
266 or written specification of areas of deficiency within 10 days
267 after receiving the additional information pursuant to paragraph
268 (3)(c).
269 (d) Fifty percent of the application fee if the
270 municipality fails to approve, approves with conditions, or
271 denies the application within 30 days after conclusion of the
272 120-day or 180-day timeframe specified in subsection (2).
273 (e) One hundred percent of the application fee if the
274 municipality fails to approve, approves with conditions, or
275 denies an application 31 days or more after conclusion of the

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276 120-day or 180-day timeframe specified in subsection (2).
277
278 A municipality is not required to issue a refund if the
279 applicant and the municipality agree to an extension of time,
280 the delay is caused by the applicant, or the delay is
281 attributable to a force majeure or other extraordinary
282 circumstance.
283 (5)(3) When a municipality denies an application for a
284 development permit or development order, the municipality shall
285 give written notice to the applicant. The notice must include a
286 citation to the applicable portions of an ordinance, rule,
287 statute, or other legal authority for the denial of the permit
288 or order.
289 (6)(4) As used in this section, the terms "development
290 permit" and "development order" have the same meaning as in s.
291 163.3164, but do not include building permits.
292 (7)(5) For any development permit application filed with
293 the municipality after July 1, 2012, a municipality may not
294 require as a condition of processing or issuing a development
295 permit or development order that an applicant obtain a permit or
296 approval from any state or federal agency unless the agency has
297 issued a final agency action that denies the federal or state
298 permit before the municipal action on the local development
299 permit.
300 (8)(6) Issuance of a development permit or development

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301 order by a municipality does not create any right on the part of
302 an applicant to obtain a permit from a state or federal agency
303 and does not create any liability on the part of the
304 municipality for issuance of the permit if the applicant fails
305 to obtain requisite approvals or fulfill the obligations imposed
306 by a state or federal agency or undertakes actions that result
307 in a violation of state or federal law. A municipality shall
308 attach such a disclaimer to the issuance of development permits
309 and shall include a permit condition that all other applicable
310 state or federal permits be obtained before commencement of the
311 development.
312 (9)(7) This section does not prohibit a municipality from
313 providing information to an applicant regarding what other state
314 or federal permits may apply.
315 Section 3. This act shall take effect October 1, 2025.

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HB 913
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 913 COMPANION BILL: SB 1742 (Bradley)
TITLE: Condominium Associations LINKED BILLS: None
SPONSOR(S): Lopez, V. RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Budget Commerce
 

SUMMARY
Effect of the Bill:
The bill:
• Prohibits Citizens Property Insurance Corporation from issuing or renewing a policy for a unit owner or a
condominium association unless the association has completed a milestone inspection and a structural
integrity reserve study (SIRS), if applicable;
• Provides that the amount of adequate insurance coverage for full insurable value, replacement cost, or
similar coverage may be based on the replacement cost of the property to be insured;
• Allows the board of directors of an association to levy special assessments and obtain loans to perform
necessary maintenance, as required by the milestone inspection report and SIRS report, without the prior
approval of the condominium association’s membership;
• Provides that the members of a unit-owner-controlled association may approve, by majority vote, a secured
line of credit up to a certain amount to meet the reserve funding schedule recommended by the SIRS report;
• Permits an association’s reserve accounts to be pooled for two or more required components of the SIRS;
• Provides that it is a conflict of interest for any person who performs a SIRS or milestone inspection to
provide services for the repair of the condominium property that was the subject of such SIRS or milestone
inspection, or to have a financial interest in the person or entity providing the repairs; and
• Requires DBPR to initiate certain rulemaking.

Fiscal or Economic Impact:
The bill has an indeterminate effect on state government and the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Citizens Property Insurance Corporation
The bill prohibits Citizens Property Insurance Corporation from issuing or renewing an insurance policy for a
condominium unit owner or a condominium association unless the condominium association has complied with
the requirements in s. 553.899, F.S., relating to milestone inspections, and 718.112(2)(g), F.S., relating to structural
integrity reserve studies (SIRS). (Section 1.)

Amendment to Association Declaration
The bill provides that the declaration of a nonresidential condominium formed after July 1, 2025, may be amended
to change the configuration or size of a unit in any material fashion, materially alter or modify the appurtenances
to the unit, or change the proportion or percentage by which the unit owner shares the common expenses of the
condominium and owns the common surplus of the condominium, if the record owners of all affected units and all

STORAGE NAME: h0913.HAT
DATE: 3/9/2025
1
record owners of liens on the affected units join in the execution of the amendment. The approval of the owners of
nonaffected units is not required under the bill. (Section 2.)

Insurance Coverage for Associations
The bill clarifies that every condominium association must provide adequate property insurance, as determined
under paragraph (11)(a) of s. 718.111, F.S., regardless of any requirement in the declaration of condominium for
different coverage for the association. (Section 3.)

Further, the bill provides that the amount of adequate insurance coverage for full insurable value, replacement
cost, or similar coverage may be based on the replacement cost of the property to be insured, as determined by an
independent insurance appraisal or update of a previous appraisal. The bill requires that the replacement cost of
property covered must be determined every 3 years, at a minimum. (Section 3.)

Board of Administration Meetings
The bill clarifies that, at least four times each year, the meeting agenda for an association’s board meeting must
include an opportunity for members to ask questions of the board, including questions relating to the status of
any construction or repair projects, the status of all revenue and expenditures during the current fiscal year,
and any other issues affecting the condominium. (Section 4.)

Pursuant to the above changes, the bill clarifies that the association may adopt written reasonable rules governing
the frequency, duration, and manner of unit owner statements and questions. (Section 4.)

Annual Budgets
For an annual budget adopted on or before December 31, 2027, the bill authorizes the members of a unit-owner-
controlled association to approve, by a majority vote of the total voting interests of the association, the provision of
a secured line of credit for up to 35 percent of the amount of the reserves required to meet the reserve funding
schedule recommended by a SIRS with respect to items with an estimated remaining useful life of greater than 10
years. (Section 4.)

Structural Integrity Reserve Studies
The bill provides that it is a conflict of interest for any person who performs a SIRS or a milestone inspection to:
• Provide services for the repair or replacement of the condominium property that was the subject of such
milestone inspection or SIRS, or
• To have a financial interest in the entity or person providing the repair or replacement services. (Section
4.)

The bill clarifies that four-family dwelling units are exempt from the SIRS requirements, similar to such units’
exemption from the milestone inspection requirements. (Section 4.)

Additionally, the bill requires the Department of Business and Professional Regulation, by October 1, 2025, to
initiate rulemaking to establish criteria for determining the estimated useful life of the building components that
are subject to SIRS. (Section 4.)

The bill also authorizes an association’s reserve accounts for two or more required components to be pooled. The
bill requires that the reserve funding indicated in the proposed annual budget must be sufficient to ensure that
available funds meet or exceed projected expenses for all components in the reserve pool, based on the most
recent SIRS. (Section 3.)

Recall of Board Members
The bill significantly revises provisions relating to recalls of board members. Under the bill, a voting interest of the
condominium may not be suspended when voting to recall a member of the board, and any prior suspension of
voting rights pursuant to s. 718.303(5), F.S., has no effect on a recall vote. (Section 4.)

2
The bill also requires that a proposed recall agreement or a copy thereof must be served on the association by
registered mail or in the manner authorized by ch. 48, F.S., and the Florida Rules of Civil Procedure (FRCP). 1
Methods of service that are not authorized by ch. 48, F.S., and FRCP are invalid and any service that does not
comply with ch. 48, F.S., and FRCP is void. (Section 4.)

Under the bill, the rejection of a unit owner's recall agreement applies when the recall agreement:
• Was improperly served;
• Was executed by a person who was not a unit's record owner or designated voter;
• Was previously marked for the removal of any board member;
• Does not contain any markings that indicate the selection by a unit owner to either remove or retain a
board member; or
• Does not contain the signature of the unit owner. (Section 4.)

The bill creates a rebuttable presumption that a unit owner executing a recall agreement is the designated voter for
the unit. Additionally, the bill prohibits an association from enforcing a voting certificate requirement if the
association has not enforced such requirement in all matters requiring the use of voting certificates in the year
immediately preceding service of the recall agreement. (Section 4.)

Further, the bill requires that the rescission or revocation of a unit owner's recall agreement must be in writing
and delivered to the association before the association is served with the written recall agreement. The bill
requires these provisions be liberally construed to:
• Ensure a unit owner is not disenfranchised by an association in a recall; and
• Prevent an association from failing to certify a recall agreement on a technical omission which is not a part
in the discharge of the unit owner's voting rights. (Section 4.)

Director or Officer Delinquencies
The bill clarifies due dates for purposes of director or officer delinquencies. A director or an officer is delinquent if
a payment is not made by the due date specifically identified in the association’s governing documents. In the
absence of a due date specified in the governing documents, the due date is the first day of the assessment period.
(Section 4.)

Hurricane Protection
The bill clarifies that, unless otherwise provided in an association’s declaration, a unit owner is not responsible
for the cost of any removal or reinstallation of hurricane protection, including exterior windows, doors, or other
apertures, if the removal is necessary for the maintenance, repair, or replacement of other condominium property
for which the association is responsible. (Section 5.)

Accordingly, the board must determine if the removal or reinstallation of hurricane protection must be completed
by the unit owner or the association if the declaration does not specify who is responsible for such costs.
(Section 5.)

The bill removes the ability of an association to assess a unit owner if the association removes or reinstalls
hurricane protection in instances where the removal or reinstallation of hurricane protection is the responsibility
of a unit owner. (Section 5.)

Board’s Authority to Levy Special Assessments and Obtain Loans
The bill makes the following legislative findings:
• In some circumstances, an association’s governing documents restrict the authority of its board to levy
special assessments or obtain loans without the prior approval of its membership, which may preclude the
association from obtaining immediate funding to carry out its obligations to perform necessary

1 See Fla. Rules of Court Procedure, Ch. 1: Rules of Civil Procedure (Jan. 1, 2025), https://www-

media.floridabar.org/uploads/2025/01/Civil-Procedure-Rules-01-01-25-Corrected-Opinion.pdf (last visited Mar. 9, 2025).
3
maintenance, repair, or replacement of the condominium property, as required by the milestone inspection
report and SIRS report, in order to protect the health and safety of unit owners and tenants.
• It is contrary to the public policy of this state to limit the ability of an association to obtain the funds needed
to perform necessary maintenance, repair, or replacement of the condominium property, as required by
the reports referenced above, in order to protect unit owners and tenants.
• It is in the public interest to authorize an association’s board to meet its fiduciary duty and levy special
assessments or obtain loans to fund necessary maintenance, repair, or replacement of the condominium
property, as required by the reports referenced above, to protect unit owners and tenants. (Sections 3 and
6.)

Notwithstanding any provision to the contrary in an association’s governing documents, the bill authorizes a board
of an association to levy special assessments or obtain loans to perform necessary maintenance, repair, or
replacement of condominium property, as required by the milestone inspection report and SIRS report, without
the prior approval of the membership in order to protect the health and safety of unit owners and tenants. This
authorization applies to all condominiums in existence on or after July 1, 2025, which are not subject to control of
the developer, a bulk assignee, or a bulk buyer. (Sections 3 and 6.)

Termination of a Condominium
The bill clarifies that a condominium form of ownership may be terminated if the total estimated cost of
construction, replacement, or repairs necessary to construct or replace the intended improvements (or restore the
improvements to bring them into compliance with the most recent version of the Florida Building Code or to bring
them into compliance with applicable laws or regulations) plus the combined estimated fair market value of the
units in the condominium before commencement of the construction, replacement, or repairs, exceeds the
combined estimated fair market value of the units in the condominium after completion of such construction,
replacement, or repairs. However, if at least 50 percent of the total voting interests are owned by a bulk owner, the
termination of the condominium unit because of economic waste requires the approval of at least 80 percent of all
the voting interests in the condominium. (Section 7.)

Additionally, for optional terminations under s. 718.117, F.S., the bill:
• Clarifies that if 5 percent or more of the total voting interests of the condominium have rejected a plan of
termination by a negative vote or by providing written objections, the plan of termination may not proceed
and a subsequent plan of termination may not be considered for 24 months after the date of the rejection;
• Provides that the requirements of paragraph (3)(c) apply only to residential condominiums; and
• Clarifies that the termination must be approved by the Division of Florida Condominiums, Timeshares, and
Mobile Homes (Division) only after a plan of termination receives the requisite approval from the unit
owners. (Section 7.)

The bill also provides that, notwithstanding any provision in an association’s declaration to the contrary, the
association may amend the declaration of condominium for the purpose of incorporating the provisions of s.
718.117, F.S., by the lowest percentage of voting interests necessary to amend the declaration or as otherwise
provided in the declaration, whichever is less. (Section 7.)

Alternative Dispute Resolution
If an election or recall dispute is arbitrated by the Division, the bill provides that the Division’s decision is binding
on all parties to the arbitration, with certain exceptions. The bill clarifies that for all other disputes, the arbitration
decision is binding on all parties only if the parties agree in writing to be so bound. (Section 8.)

Under the bill, if a challenge to an election or recall dispute is filed in circuit court, the challenge must be brought as
a summary proceeding. 2 The bill allows the party filing the action to request the court to issue a temporary
injunction to stay an upcoming election while the action is pending. The court must then set an immediate hearing
when an action is filed pursuant to these provisions. (Section 8.)

2 S. 51.011, F.S.

4
Additionally, the bill:
• Allows the court to limit the time for taking testimony and the proximity of the date on which a succeeding
election is scheduled, if applicable;
• Requires that an action filed pursuant to these provisions must be tried without a jury; and
• Provides that the prevailing party in an action filed pursuant to these provisions is entitled to recover
reasonable attorney fees and costs. (Section 8.)

The bill also provides that a unit owner, recall representative, or an association may remove a petition for
arbitration for an election or a recall dispute within 10 days after service of such petition by filing a notice of
removal and complaint in the circuit court for the county in which the association is located. Failure to timely file
such notice and complaint bars the parties from seeking a new trial or otherwise filing an action in circuit court.
The bill provides requirements for filing the notice and complaint and the procedures to follow thereafter. (Section
8.)

Lastly, the bill provides that if the Division or a court in Florida renders a judgement against an association and in
favor of the unit owner, the Division or court must order the association to pay all costs incurred by the unit owner
in the action and the unit owner’s reasonable attorney fees. Costs and attorney fees may not be recovered in any
action involving the recall of directors except as provided in the bill’s provisions relating thereto or if awarded as a
sanction under s. 57.105, F.S. 3 (Section 8.)

Electronic Voting
The bill removes the requirement that a written notice of a meeting, at which a particular resolution will be
considered, must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously
on the condominium property or association property at least 14 days before such meeting. The bill also removes
the related requirement that evidence of compliance with the 14-day notice must be made by an affidavit executed
by the person providing the notice and filed with the official records of the association (Section 9.)

The bill creates an alternative method for an association to use electronic voting, in addition to the methods
already allowed in s. 718.128, F.S. Under the bill, if at least 25 percent of the voting interests of a condominium
petition the board to adopt a resolution for electronic voting for the next scheduled election, the board must hold a
meeting within 21 days after receipt of the petition to adopt that resolution. As a prerequisite, the bill requires that
the board receive such petition within 180 days after the date of the last scheduled annual meeting. (Section 9.)

Additionally, the bill:
• Requires an association to designate an email address for receipt of electronically submitted ballots, unless
the association has adopted electronic voting in accordance with the other provisions of s. 718.128, F.S.;
• Allows a unit owner to electronically transmit a ballot to the email address designated by his or her
association without complying with s. 718.112(2)(d)2., F.S., or the rules providing for the secrecy of ballots
adopted by the Division;
• Requires an association to count completed ballots that are electronically transmitted to the designated
email address, provided the completed ballot is valid under the bill’s provisions;
• Requires a unit owner to transmit his or her ballot to the email address designated by his or her association
no later than the scheduled date and time of the meeting during which the matter is being voted on; and
• Creates a rebuttable presumption that an association has reviewed all folders associated with the email
address designated by the association to receive ballots if a board member, an officer, an agent of the
association, or a licensed community association manager 4 provides a sworn affidavit attesting to such
review. (Section 9.)

Under the bill, a ballot that is electronically transmitted must include all of the following:

3 S. 57.105, F.S. contain Florida’s Rules of Civil Procedure relating to attorney’s fees, sanctions for unsupported claims or

defenses, certain exceptions, the service of motions, and damages for delay of litigation.
4 Part VIII of ch. 468, F.S., governs the licensure and regulation of community association managers and community association

management firms in the state. See s. 468.432, F.S. and s. 468.433, F.S.
5
• A space for the unit owner to type in his or her unit number;
• A space for the unit owner to type in his or her first and last name, which also functions as the signature of
the unit owner for purposes of signing the ballot; and
• The following statement in capitalized letters and in a font size larger than any other font size used in the
email from the association to the unit owners:
WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU DO NOT HAVE TO
WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO VOTE. BY TRANSMITTING
YOUR COMPLETED BALLOT THROUGH EMAIL TO THE ASSOCIATION, YOU WAIVE
YOUR SECRECY OF YOUR COMPLETED BALLOT. IF YOU DO NOT WISH TO WAIVE
YOUR SECRECY BUT WISH TO PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF
THIS BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING WHICH THE
MATTER WILL BE VOTED ON. (Section 9.)

Insured Warranty Programs
The bill clarifies that nonresidential condominiums, not just residential condominiums, may be covered by an
insured warranty program that is underwritten by a licensed insurance company registered in Florida, provided
that the warranty program meets the minimum requirements. (Section 10.)

Transfer of Association Control
The bill provides that, beginning July 1, 2025, certain provisions relating to transfers of control do not apply to
nonresidential condominiums that are comprised of 10 or fewer units, so that unit owners of such condominiums,
other than the developer, will be entitled to elect at least a majority of the members of the board upon the first to
occur of the following events:
• Three months after 90 percent of the units that will be operated ultimately by the association have
been conveyed to purchasers;
• When the developer files a petition seeking protection in bankruptcy; or
• When a receiver for the developer is appointed by a circuit court and is not discharged within 30
days after such appointment, unless the court determines within 30 days after appointment of the
receiver that transfer of control would be detrimental to the association or its members. (Section
11.)

Agreements Entered into By the Association
The bill amends provisions relating to agreements entered into by an association to incorporate nonresidential
condominiums consisting of 10 or fewer units. The bill provides that a grant, reservation, or contract may be
cancelled by unit owners (other than the developer) as follows:
• If the association operates only one condominium and the unit owners (other than the developer) own at
least 75 percent of the voting interests in the condominium, or 90 percent of the voting interests if the
condominium is a nonresidential condominium consisting of 10 or fewer units, the cancellation must be
by concurrence of the owners of at least 75 percent of the voting interests (other than the voting interests
owned by the developer).
• If the association operates more than one condominium and the unit owners (other than the developer)
have not assumed control of the association, and if unit owners (other than the developer) own at least 75
percent of the voting interests in the condominiums operated by the association or, beginning July 1,
2025, 90 percent of the voting interests if the condominium is a nonresidential condominium
consisting of 10 or fewer units, any grant, reservation, or contract for maintenance, management, or
operation of buildings containing the units in that condominium or of improvements used only by unit
owners of that condominium may be cancelled by concurrence of the owners of at least 75 percent, or 90
percent if the condominium is a nonresidential condominium consisting of 10 or fewer units, of the
voting interests in the condominium (other than the voting interests owned by the developer). (Section
12.)

6
Condominiums Created Within a Portion of a Building
The bill clarifies that a condominium association created within a portion of a building under s. 718.407, F.S., may
inspect and copy the books and records upon which the costs for maintaining and operating any shared facilities
are based, and must receive an annual budget with respect to such costs. (Section 13.)

Additionally, the bill requires that, within 60 days after the end of each fiscal year, a complete financial report of all
costs for maintaining and operating the shared facilities must be provided to the association. This report must
include copies of all receipts and invoices. The bill allows the association to challenge any apportionment of costs
for the maintenance and operation of the shared facilities, provided that the challenge is made within 60 days after
receipt of the financial report. A challenge under this provision will be governed by homeowners’ associations
dispute provisions. 5 (Section 13.)

Developer and Non-Developer Disclosures
The bill makes clarifying and conforming changes to required disclosures for developers and non-developers prior
to the sale of a residential condominium unit. (Section 14.)

Section 31 of Ch. 2024-24, Laws of Fla.
The bill clarifies that certain amendments that were made to the Act in 2024 6 do not retroactively revive or
reinstate any right or interest in a matter pending adjudication before October 1, 2024. Effectively, the bill reopens
the matters that were pending adjudication before October 1, 2024, that were closed by the 2024 legislation.
(Section 15.)

RULEMAKING:
The bill requires the Department of Business and Professional Regulation, by October 1, 2025, to initiate
rulemaking to establish criteria for determining the estimated useful life of the building components that are
subject to SIRS.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill has an indeterminate impact on state government. Under the bill, Citizens Property Insurance Corporation
(Citizens) is prohibited from issuing policies to condominium associations or unit owners that have failed to
comply with the milestone inspection and SIRS requirements. This will have an indeterminate positive impact on
Citizens, as Citizens will no longer have to insure condominium associations or unit owners that do not have the
necessary reserve funds to undertake appropriate repairs, replacements, or maintenance.

PRIVATE SECTOR:
The bill has an indeterminate impact on the private sector. Under the bill, Citizens is prohibited from issuing
policies to condominiums or unit owners who do not complete a milestone inspection or SIRS. Because Citizens
provides property insurance to those that are unable to find insurance coverage in the private market, the
condominium associations and unit owners of associations that do not complete a milestone inspection or SIRS will
likely not be able to find property insurance coverage elsewhere. In the event of a natural disaster, those
condominiums could be significantly damaged and not have any recourse for repairing or rebuilding, which could
cause some unit owners to lose their homes.

5 S. 710.311, F.S., contain the provisions in Florida’s Homeowners’ Association Act that govern dispute resolutions.
6 S. 31 of ch. 2024-25, Laws of Fla.

7
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Division of Florida Condominiums, Timeshares, and Mobile Homes
The Division of Florida Condominiums, Timeshares, and Mobile Homes (Division), within the Department of
Business and Professional Regulation (DBPR), provides consumer protection for Florida residents living in certain
communities through education, complaint resolution, mediation, and arbitration. 7

The Division has regulatory authority over the following business entities and individuals:
• Condominium associations;
• Cooperative associations;
• Mobile home parks;
• Timeshares; and
• Yacht and ship brokers and salespersons. 8

Citizens Property Insurance Corporation
Citizens was created by the Florida Legislature in August 2002 as a non-profit, tax-exempt, government entity to
provide property insurance to eligible Florida property owners unable to find insurance coverage in the private
market. 9 Citizens is funded by policyholder premiums; however, Florida law also requires that Citizens levy
assessments on most Florida policyholders if it experiences a deficit in the wake of a particularly devastating storm
or series of storms. 10

Citizens operates according to statutory requirements established by the Florida Legislature and is governed by a
board of governors. 11 The board administers a Plan of Operation approved by the Florida Financial Services
Commission, an oversight panel made up of the Governor, Chief Financial Officer, Attorney General and
Commissioner of Agriculture. 12

Structural Integrity Reserve Studies
A reserve study is a budget-planning tool for condominium associations. Generally, a reserve study consists of the
following two parts: physical analysis and financial analysis. 13

Under Florida law, "structural integrity reserve study" (SIRS) means a study of the reserve funds required for
future major repairs and replacement of the common areas based on a visual inspection of the common areas. A
SIRS may be performed by any person qualified to perform such study. However, the visual inspection portion of
the SIRS must be performed or verified by a: 14
• Licensed engineer;
• Licensed architect; or

7 Department of Business and Professional Regulation, Department Divisions & Offices: Division of Florida Condominiums,

Timeshares, and Mobile Homes, https://www2.myfloridalicense.com/about-us/department-divisions? (last visited February 4,
2025).
8 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes –

Statutes & Rules, https://www2.myfloridalicense.com/condominiums-and-cooperatives/division-of-condominiums-
timeshares-and-mobile-homes-statutes-rules/ (last visited February 4, 2025).
9 Citizens Property Insurance Corporation, About Citizens, https://www.citizensfla.com/who-we-are (last visited Mar. 7,

2025).
10 Id.
11 Id.
12 Id.
13 Cedar Management Group, HOA Reserve Study: Why Does Your Community Need It?,

https://cedarmanagementgroup.com/hoa-reserve-study-community/#what (last visited Mar. 5, 2025); Kevin Leonard and
Robert Nordlund, Understanding Reserves: A guide to your association’s reserve fund & reserve study, 26-29 (1st ed. 2021);
Community Associations Institute, National Reserve Study Standards, https://www.reservestudy.com/wp-
content/uploads/2019/01/NRSS-998-CAI-version-updated-2016.pdf (last visited Mar. 5, 2025).
14 S. 718.112(2)(g)2., F.S.

8
• person certified as a reserve specialist or professional reserve analyst by the Community Associations
Institute or the Association of Professional Reserve Analysts (CAIAPRA).

At a minimum, a SIRS must: 15
• Identify each item of the condominium property being visually inspected;
• State the estimated remaining useful life and the estimated replacement cost or deferred maintenance
expense of each item of the condominium property being visually inspected; and
• Provide a reserve funding schedule with a recommended annual reserve amount that achieves the
estimated replacement cost or deferred maintenance expense of each item of condominium property being
visually inspected by the end of the estimated remaining useful life of the item.

The SIRS may recommend for any item for which an estimate of useful life and an estimate of replacement cost
cannot be determined or with an estimated remaining useful life of greater than 25 years: 16
• That reserves do not need to be maintained; or
• A deferred maintenance expense amount for such item.

A condominium or cooperative must have a SIRS completed at least every 10 years after the condominium's or
cooperative’s creation for each building on the condominium or cooperative property that is three stories or
higher in height which includes, at a minimum, a study of the following items as related to the structural integrity
and safety of the building: 17
• Roof.
• Structure, including load-bearing walls and other primary structural members and primary structural
systems.
• Fireproofing and fire protection systems.
• Plumbing.
• Electrical systems.
• Waterproofing and exterior painting.
• Windows and exterior doors.
• Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the
failure to replace or maintain such item negatively affects the items listed above as determined by the
licensed engineer or architect performing the visual inspection portion of the structural integrity reserve
study.

The SIRS requirements do not apply to: 18
• Buildings less than three stories in height;
• Single-family, two-family, or three-family dwellings with three or fewer habitable stories above ground;
• Any portion or component of a building that has not been submitted to the condominium form of
ownership; or
• Any portion or component of a building that is maintained by a party other than the association.

Condominium or cooperative associations existing on or before July 1, 2022, which are controlled by unit owners
other than the developer, must have a SIRS completed by December 31, 2024, for each building on the
condominium or cooperative property that is three stories or higher in height. However, an association that is
required to complete a milestone inspection on or before December 31, 2026, may complete the SIRS
simultaneously with the milestone inspection. In no event may the SIRS be completed after December 31, 2026. 19

15 S. 718.112(2)(g)3., F.S.
16 Id.
17 S. 718.112(2)(g)1., F.S.
18 S. 718.112(2)(g)4., F.S.
19 S. 718.112(2)(g)6., F.S.

9
If a condominium or cooperative association willfully and knowingly fails to complete a SIRS, such failure is a
breach of an officer's and director's fiduciary relationship to the unit owners. 20

Before a developer turns over control of an association to unit owners other than the developer, the developer
must have a turnover inspection report for each building on the condominium or cooperative property that is three
stories or higher in height. 21

Reserves
Every condominium and cooperative association must have a budget that sets forth the proposed expenditure of
funds for the maintenance, management, and operation of the association. The budget is adopted for a 12-month
period reflecting an association’s fiscal year, and it must provide a detailed listing of the estimated revenues and
expenses that the association reasonably projects for the coming fiscal year. The annual budget is made up of two
parts, the part covering the regular operations of the association and the part covering the cost for capital expenses
and deferred maintenance (reserves). 22

Reserves are funds that are set aside for capital expenses and deferred maintenance. Reserves provide funds for
major capital repairs or replacements that are needed intermittently such as replacing a roof. The reserves are
designed to ensure that an association will have the funds when the repairs are needed and will not have to do a
large special assessment. 23

The amount of funds that must be placed in reserve is determined by the condominium or cooperative
association’s most recent SIRS. If the amount to be reserved for an item is not in the association’s most recent SIRS
or the association has not completed a SIRS, then the association may use the traditional formula or alternative
formula to determine the amount of funds to reserve.

Current law also requires associations to have and fund reserve accounts for roof replacement, building painting,
pavement resurfacing, and any item for which the deferred maintenance expense or replacement cost is greater
than $10,000. 24 There are two methods of calculating these reserves.

The first is the traditional formula, and the second is the alternative formula. The traditional formula takes into
account the estimated deferred maintenance or capital expenditure amount, estimated fund balance, and number
of years remaining until deferred maintenance or a capital expenditure is needed. 25

The alternative formula allows associations to maintain a pooled account for multiple reserve assets that are
similar or related.

Waiver of Reserves
For a budget adopted on or after December 1, 2024, a unit-owner controlled association that must obtain a SIRS
may not waive collecting reserves or collect less reserve funds than required for items that are required to be
inspected in a SIRS for an association building that is three stories or higher in height. These items are included in
the list provided in s. 718.112(2)(g), F.S., related to structural components. In addition, unit-owner controlled
associations may not use such reserve funds for purposes other than their intended purpose. Associations
operating a multicondominium may provide no reserves or less reserves than required by the SIRS if such
multicondominium uses an alternative funding method 26 approved by the Division. This is not applicable to
cooperatives.

20 S. 718.112(2)(g)8., F.S.
21 S. 718.112(2)(g)5., F.S.
22 S. 718.112(2)(f), F.S.
23 Id.
24 Id., Rule 61B-76.005(1), F.A.C.
25 Id.; Rules 61B-22.005(3), and 61B-76.005(1), F.A.C.
26 “Alternative funding method” is defined as "a method approved by the Division for funding the capital expenditures and

deferred maintenance obligations for a multicondominium association operating at least 25 condominiums which may
10
For reserves for non-SIRS items, unit owner-controlled associations may waive funding reserves for capital
expenditures and deferred maintenance or provide funds that are less than the required amount by a majority of
the voting interests present at a properly called meeting. The waiver of reserves by the membership is only for the
current year, and a separate vote must be taken each year to waive the reserves or fund less than the required
amount. 27

Milestone Inspections
Residential condominium buildings that are three or four stories or more in height, as determined by the Florida
Building Code, are required to have a milestone inspection by December 31 of the year in which the building
reaches 30 years of age. However, if a building reaches 30 years of age before July 1, 2022, the initial milestone
inspection must be performed before December 31, 2024. If a building reaches 30 years of age on or after July 1,
2022, and before December 31, 2024, the building’s milestone inspection must be performed before December 31,
2025. The local enforcement agency will provide written notice of the required inspection to the association. 28 This
requirement does not apply to a single-family, two-family, or three-family dwelling with three or fewer habitable
stories above ground. 29

Amendment to Association Declaration
Unless otherwise provided in the declaration as originally recorded, the Act currently prohibits an amendment to
the declaration from changing the configuration or size of any unit in any material fashion, materially altering or
modifying the appurtenances to the unit, or changing the proportion or percentage by which the unit owner shares
the common expenses of the condominium and owns the common surplus of the condominium, unless the record
owner of the unit and all record owners of liens on the unit join in the execution of the amendment and unless
all the record owners of all other units in the same condominium approve the amendment. 30

Subsection (14) of s. 718.110, F.S., provides that, except for those portions of the common elements designed and
intended to be used by all unit owners, a portion of the common elements serving only one unit or a group of units
may be reclassified as a limited common element upon the vote required to amend the declaration as provided
therein or as required under paragraph (1)(a) of s. 718.110, F.S., and is not be considered an amendment to a
declaration. 31

Insurance Coverage for Associations
In order to protect the safety, health, and welfare of the people of the state and to ensure consistency in the
provision of insurance coverage to condominiums and their unit owners, subsection (11) of s. 718.111, F.S., applies
to every residential condominium in the state, regardless of the date of its declaration of condominium. 32 It is the
intent of the Legislature to encourage lower or stable insurance premiums for associations described in that
subsection. 33

Currently, the Act requires that adequate property insurance, regardless of any requirement in the declaration of
condominium for coverage by the association for full insurable value, replacement cost, or similar coverage, must
be based on the replacement cost of the property to be insured as determined by an independent insurance
appraisal or update of a prior appraisal. 34 Further, the replacement cost must be determined at least once every 36
months. 35

reasonably be expected to fully satisfy the association's reserve funding obligations by the allocation of funds in the annual
operating budget.”
27 S. 718.112(2)(f), F.S.; Rule 61B-22.005(8), F.A.C.
28 S. 553.899(3), F.S.
29 S. 553.899(4), F.S.
30 S. 718.110(4), F.S.
31 S. 710.110(14), F.S.
32 S. 718.111(11), F.S.
33 Id.
34 S. 718.111(11)(a), F.S.
35 Id.

11
Board of Administration Meetings
Currently, the Act requires that a board of a residential condominium association of more than 10 units must meet
at least once each quarter. 36 Additionally, at least four times each year, the meeting agenda must include an
opportunity for members to ask questions of the board. 37 Meetings of the board of administration at which a
quorum of the members are present are open to all unit owners. 38

The right to attend such meetings includes the right to speak at such meetings with reference to all designated
agenda items, and the right to ask questions relating to:
• reports on the status of construction or repair projects,
• the status of revenues and expenditures during the current fiscal year, and
• other issues affecting the condominium. 39

The Act authorizes associations subject to the above requirements to adopt written reasonable rules governing the
frequency, duration, and manner of unit owner statements. 40

Director or Officer Delinquencies
A director or officer more than 90 days delinquent in the payment of any monetary obligation due to the
association is deemed to have abandoned the office, which creates a vacancy in the office to be filled according to
the Act. 41

Hurricane Protection
To protect the health, safety, and welfare of the people of the state and to ensure uniformity and consistency in the
hurricane protections installed by condominium associations and unit owners, all residential and mixed-use
condominiums in the state must comply with the Act’s requirements for those hurricane protections. 42

Specifically, each board of a residential or mixed-use condominium in the state must adopt hurricane protection
specifications for each building within each condominium operated by the association. 43 All specifications adopted
by a board must comply with the applicable building code. 44 Further, the board may, with the approval of a
majority of voting interests of the condominium, install or require that unit owners install hurricane protection
that complies with or exceeds the applicable building code. 45

Under current law, a unit owner is not responsible for the cost of any removal or reinstallation of hurricane
protection, including exterior windows, doors, or other apertures, if its removal is necessary for the maintenance,
repair, or replacement of other property for which the association is responsible. 46

However, the board must still determine if the removal or reinstallation of hurricane protection must be completed
by the unit owner or the association. 47 If such removal or reinstallation is completed by the association, the costs
incurred by the association may not be charged to the unit owner. 48 Currently, if such removal or reinstallation is
completed by the unit owner, the association must reimburse the unit owner for the cost of the removal or

36 S. 718.112(2)(c), F.S.
37 Id.
38 Id.
39 Id.
40 Id.
41 S. 718.112(2)(p), F.S.
42 S. 718.113(5), F.S.
43 Id.
44 Id.
45 Id.
46 Id.
47 Id.
48 Id.

12
reinstallation or the association must apply a credit toward future assessments in the amount of the unit owner’s
cost to remove or reinstall the hurricane protection. 49

Board’s Authority to Levy Assessments
Prior to levying any special assessment, the special assessment must be approved in accordance with the
condominium association’s governing documents. 50 The specific purpose of the special assessment must be set
forth in a written notice of the assessment that is sent or delivered to each unit owner. 51

Further, the funds collected pursuant to a special assessment must be used only for the specific purpose set forth in
the notice. 52 However, upon completion of such specific purpose, any excess funds will be considered common
surplus, and may, at the discretion of the board, either be returned to the unit owners or applied as a credit toward
future special assessments. 53

Written notice of a meeting at which a nonemergency special assessment 54 or an amendment to rules regarding
unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted
conspicuously on the condominium property at least 14 days before the meeting. 55 Evidence of compliance with
this 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed
with the official records of the association. 56

Notice of any meeting in which special assessments against unit owners are to be considered must specifically
state that assessments will be considered and provide the estimated cost and description of the purposes for such
assessments. 57

Certain Defined Terms in the Act
“Developer” means a person who creates a condominium or offers condominium parcels for sale or lease in the
ordinary course of business, but does not include:
• An owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own
occupancy;
• A cooperative association that creates a condominium by conversion of an existing residential cooperative
after control of the association has been transferred to the unit owners if, following the conversion, the unit
owners are the same persons who were unit owners of the cooperative and no units are offered for sale or
lease to the public as part of the plan of conversion;
• A bulk assignee or bulk buyer, as defined below; or
• A state, county, or municipal entity acting as a lessor and not otherwise named as a developer in the
declaration of condominium. 58

“Bulk assignee” means a person who is not a bulk buyer and who:
• Acquires more than seven condominium parcels in a single condominium as set forth in s. 718.707, F.S.;
and
• Receives an assignment of any of the developer rights, other than or in addition to the rights that may be
received by a bulk buyer, as set forth in the declaration of condominium or this chapter:

49 Id.
50 S. 718.116(10), F.S.
51 Id.
52 Id.
53 Id.
54 Regardless of any provision to the contrary and even if such authority does not specifically appear in an association’s

governing documents, a board of an association may, in response to damage or injury caused by or anticipated in connection
with an emergency, as defined in s. 252.34(4), F.S., for which a state of emergency is declared in the locale in which the
condominium is located, levy special assessments without a vote of the owners. S. 718.1265(1)(l), F.S.
55 S. 718.112(2)(c)1., F.S.
56 Id.
57 S. 718.112(2)(c)3., F.S.
58 S. 718.103(17), F.S.

13
o By a written instrument recorded as part of or as an exhibit to the deed;
o By a separate instrument recorded in the public records of the county in which the condominium is
located; or
o Pursuant to a final judgment or certificate of title issued in favor of a purchaser at a foreclosure
sale. 59

“Bulk buyer” means a person who acquires more than seven condominium parcels in a single condominium as set
forth in s. 718.707, F.S., but who does not receive an assignment of any developer rights, or receives only some or
all of the following rights:
• The right to conduct sales, leasing, and marketing activities within the condominium;
• The right to be exempt from the payment of working capital contributions to the condominium association
arising out of, or in connection with, the bulk buyer’s acquisition of the units; and
• The right to be exempt from any rights of first refusal which may be held by the condominium association
and would otherwise be applicable to subsequent transfers of title from the bulk buyer to a third-party
purchaser concerning one or more units. 60

Termination of a Condominium
Under the Act, it is against public policy in the state to require condominium operations to continue when doing so
constitutes economic waste or is made impossible by law or regulation. 61 Further, the Act provides that it is in the
best interest of the state to provide for termination of a condominium in certain circumstances in order to protect
residents from health and safety hazards created by derelict, damaged, obsolete, or abandoned condominium
properties. 62

There are two primary grounds for termination, each governed by its own requirements.

First, a condominium may be terminated where there is economic waste or impossibility by a plan of termination
approved by the lowest percentage of voting interests necessary to amend the condominium’s declaration or as
otherwise provided in the declaration for approval of termination. 63 A condominium may be terminated for
“economic waste” if the total cost of construction or repairs necessary to construct the improvements or restore
the improvements to their former condition or bring them into compliance with applicable laws or regulations
exceeds the combined fair market value of the units in the condominium. 64 A condominium may be terminated for
“impossibility” if it becomes impossible to operate or reconstruct a condominium to its prior physical configuration
because of land use laws or regulations. 65

Second, a condominium may be terminated at the discretion of the owners. 66 Referred to as “optional termination,”
a condominium may be terminated if the termination is approved by at least 80 percent of the total voting interests
of the condominium and no more than five percent of the total voting interests of the condominium reject the
termination. 67 The Division must confirm that the termination plan complies with the statutory requirements. If
five percent or more of the total voting interests reject a plan of termination, another plan of optional termination
may not be considered for 24 months after the date of rejection. 68

Unless the declaration expressly provides for the allocation of the proceeds of sale of condominium property, the
plan of termination may require separate valuations for the common elements. 69 However, in the absence of such

59 S. 718.703(1), F.S.
60 S. 718.703(2), F.S.
61 S. 718.117(1)(c), F.S.
62 S. 718.117(1)(d), F.S.
63 S. 718.117(2)(a), F.S.
64 S. 718.117(2)(a)1., F.S.
65 S. 718.117(2)(a)2., F.S.
66 S. 718.117(3), F.S.
67 Id.
68 S. 718.117(3)(a)2., F.S.
69 S. 718.117(12)(a), F.S.

14
provision, it is presumed that the common elements have no independent value, and that their value is
incorporated into the valuation of the units. 70

The plan must identify the termination trustee, usually the association, 71 and state the individual interests of each
unit owner in the proceeds from the liquidation of the assets of the condominium upon its termination. 72 A copy of
the plan must be provided to every unit owner at least 14 days before the meeting to approve the plan. 73

Once the plan has been approved, it must be sent to every unit owner within 30 days of recording the plan with the
clerk of court and to the Division within 90 days of recording the plan. 74

Alternative Dispute Resolution
There is an alternative dispute resolution process under the Act for certain disputes between unit owners and
condominium associations. Before initiating court litigation, a party to certain disputes must either petition the
Division for nonbinding arbitration or initiate pre-suit mediation. 75 Alternative dispute resolution offers a more
efficient, cost-effective option to court litigation, but alternative dispute resolution should not be used as a
mechanism to encourage the filing of frivolous or nuisance suits. 76

Alternative dispute resolution is required for any disagreement between two or more parties that involves:
• The authority of the board of directors to require an owner to take any action, or not to take any action,
involving that owner's unit or the appurtenance thereto and the authority of the board of directors to alter
or add to common areas or elements;
• The board of directors' failure to:
o Properly conduct elections;
o Give adequate notice of meetings or other actions;
o Properly conduct meetings;
o Provide access to association books and records; and
• A plan of termination. 77

The Division does not have jurisdiction to arbitrate or mediate disputes that primarily involve:
• Title to any unit or common element;
• The interpretation or enforcement of any warranty;
• The levy of a fee or assessment, or the collection of an assessment levied against a party;
• The eviction or other removal of a tenant from a unit;
• Alleged breaches of fiduciary duty by one or more directors; or
• Claims for damages to a unit based upon the alleged failure of the association to maintain the common
elements or condominium property.78

Recall and election disputes in condominium, cooperative, and homeowners’ associations are not eligible for pre-
suit mediation and must be arbitrated by the Division or filed directly with a court of competent jurisdiction. 79

70 Id.
71 The association serves as termination trustee unless another person is appointed in the plan of termination. If the

association is unable, unwilling, or fails to act as trustee, any unit owner may petition the court to appoint a trustee. S.
718.117(13), F.S.
72 S. 718.117(10)(c), F.S.
73 S. 718.117(9), F.S.
74 S. 718.117(15), F.S.
75 S. 718.1255(4)(a), F.S.
76 S. 718.1255(3)(b), F.S.
77 S. 718.1255(1)(a)–(c), F.S.
78 S. 718.1255(1), F.S.
79 S. 718.1255(5), F.S.

15
Arbitration is binding on the parties if all parties in arbitration agree to be bound in a writing filed in the
arbitration, 80 or if a complaint for a trial de novo is not filed in a court of competent jurisdiction in which the
condominium is located within 30 days after the arbitration decision is rendered. 81

The filing fee for a petition to the Division to initiate nonbinding arbitration or pre-suit mediation is $50. 82 The
Division employs full-time arbitrators and may certify private attorneys to conduct mandatory nonbinding
arbitration.

The Act also encourages parties to a condominium dispute to participate in voluntary mediation through a Citizen
Dispute Settlement Center. 83, 84

Electronic Voting
The Act provides that an association may conduct elections and other unit owner votes through an internet-based
online voting system if a unit owner consents, electronically or in writing, to online voting. 85 If the association uses
the internet-based voting system, the association must also provide each unit owner with:
• A method to authenticate the unit owner’s identity to the online voting system;
• For elections of the board, a method to transmit an electronic ballot to the online voting system that
ensures the secrecy and integrity of each ballot; and
• A method to confirm, at least 14 days before the voting deadline, that the unit owner’s electronic device can
successfully communicate with the online voting system. 86

Further, the association must use an online voting system that is:
• Able to authenticate the unit owner’s identity;
• Able to authenticate the validity of each electronic vote to ensure that the vote is not altered in transit;
• Able to transmit a receipt from the online voting system to each unit owner who casts an electronic vote;
• For elections of the board of administration, able to permanently separate any authentication or identifying
information from the electronic election ballot, rendering it impossible to tie an election ballot to a specific
unit owner; and
• Able to store and keep electronic votes accessible to election officials for recount, inspection, and review
purposes. 87

Under the Act, a unit owner that votes electronically pursuant to the provisions above must be counted as being in
attendance at the meeting for purposes of determining a quorum. 88 When a quorum is established based on unit
owners voting electronically, a substantive vote of the unit owners may not be taken on any issue other than the
issues specifically identified in the electronic vote. 89

Insured Warranty Programs
Currently, the Act allows residential condominiums to be covered by an insured warranty program that is
underwritten by a licensed insurance company registered in Florida, provided that such warranty program meets

80 S. 718.1255(4)(a), F.S.
81 S. 718.1255(4)(k), F.S.
82 S. 718.1255(4)(a), F.S.
83 Under Florida law, the chief judge of a judicial circuit, after consultation with the board of county commissioners of a county

or with two or more boards of county commissioners of counties within the judicial circuit, may establish a Citizen Dispute
Settlement Center for such county or counties, with the approval of the Chief Justice. S. 44.201(1), F.S.
84 S. 718.1255(2), F.S.
85 S. 718.128, F.S.
86 S. 718.128(1), F.S.
87 S. 718.128(2), F.S.
88 S. 718.128(3), F.S.
89 Id.

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the minimum requirements of the Act. 90 To the extent that the warranty does not meet the minimum requirements
of the Act, the minimum requirements apply. 91

Transfer of Association Control
Under the Act, if unit owners other than the developer own 15 percent or more of the units in a condominium that
will ultimately be operated by an association, the unit owners other than the developer are entitled to elect at least
one-third of the members of the association’s board of administration. 92

Additionally, upon the first to occur of the events described in paragraphs (a) through (g) below, unit owners
(other than the developer) are entitled to elect at least a majority of the members of the association’s board:
(a) Three years after 50 percent of the units that will be operated ultimately by the association have been
conveyed to purchasers;
(b) Three months after 90 percent of the units that will be operated ultimately by the association have been
conveyed to purchasers;
(c) When all the units that will ultimately be operated by the association have been completed, some of them
have been conveyed to purchasers, and none of the others are being offered for sale by the developer in the
ordinary course of business;
(d) When some of the units have been conveyed to purchasers and none of the others are being constructed or
offered for sale by the developer in the ordinary course of business;
(e) When the developer files a petition seeking protection in bankruptcy;
(f) When a receiver for the developer is appointed by a circuit court and is not discharged within 30 days after
such appointment, unless the court determines within 30 days after appointment of the receiver that
transfer of control would be detrimental to the association or its members; or
(g) Seven years after the date of the recording of the certificate of a surveyor and mapper pursuant to s.
718.104(4)(e), F.S., or the recording of an instrument that transfers title to a unit in the condominium
which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit,
whichever occurs first. 93, 94

Agreements Entered into By the Association
The Act requires that any grant or reservation made by a declaration, lease, or other document, and any contract
made by an association prior to assumption of control of the association by the unit owners (other than the
developer), that provides for operation, maintenance, or management of an association or property serving the
unit owners, must be fair and reasonable. 95

Such grant, reservation, or contract may be canceled by unit owners (other than the developer) in the following
manner:
• If the association operates only one condominium and the unit owners (other than the developer) have
assumed control of the association, or if unit owners (other than the developer) own not less than 75
percent of the voting interests in the condominium, the cancellation must be by concurrence of the owners
of not less than 75 percent of the voting interests other than the voting interests owned by the developer. 96
• If the association operates more than one condominium and the unit owners (other than the developer)
have not assumed control of the association, and if unit owners other than the developer own at least 75
percent of the voting interests in a condominium operated by the association, any grant, reservation, or

90 S. 718.203(7), F.S.
91 Id.
92 S. 718.301(1), F.S.
93 For cases that involve an association that may ultimately operate more than one condominium, or cases that involve an

association operating a phrase condominium created pursuant to s. 718.403, F.S., see s. 718.301(1)(g), F.S.
94 S. 718.301(1)(a)–(g), F.S.
95 S. 718.302(1), F.S.
96 If a grant, reservation, or contract is so canceled and the unit owners other than the developer have not assumed control of

the association, the association shall make a new contract or otherwise provide for maintenance, management, or operation in
lieu of the canceled obligation, at the direction of the owners of not less than a majority of the voting interests in the
condominium other than the voting interests owned by the developer. S. 718.302(1)(a), F.S.
17
contract for maintenance, management, or operation of buildings containing the units in that condominium
or of improvements used only by unit owners of that condominium may be canceled by concurrence of the
owners of at least 75 percent of the voting interests in the condominium other than the voting interests
owned by the developer. 97

Further, if an association operates more than one condominium and its unit owners (other than the developer)
have assumed control of the association, the cancellation must be by concurrence of the owners of not less than 75
percent of the total number of voting interests in all condominiums operated by the association (other than the
voting interests owned by the developer). 98

Condominiums Created Within a Portion of a Building
Under the Act, a condominium may be created within a portion of a building or within a multiple parcel
building. 99, 100 The common elements of a condominium created as such are only those portions of the building that
are submitted to the condominium form of ownership, excluding the units of that condominium. 101

The declaration that creates a condominium within a portion of a building or within a multiple parcel building, the
recorded instrument that creates the multiple parcel building, and any other recorded instrument applicable to s.
718.407, F.S., must specify all of the following:
• The portions of the building which are included in the condominium and the portions that are excluded.
• The party responsible for maintaining and operating those portions of the building which are shared
facilities, including, but not limited to, the roof, the exterior of the building, the windows, the balconies, the
elevators, the building lobby, the corridors, the recreational amenities, and the utilities.
• The party responsible for collecting the shared expenses.
• The rights and remedies that are available to enforce payment of the shared expenses. 102

Notably, the documents must also specify the manner in which the expenses for the maintenance and operation of
the shared facilities will be apportioned. 103 An owner of a portion of a building which is not submitted to the
condominium form of ownership or the condominium association, as applicable to the portion of the building
submitted to the condominium form of ownership, must approve any increase to the apportionment of expenses to
such portion of the building. 104

The apportionment of the expenses for the maintenance and operation of the shared facilities may be based on any
of the following criteria or any combination thereof: 105

97 No grant, reservation, or contract for maintenance, management, or operation of recreational areas or any other property

serving more than one condominium, and operated by more than one association, may be canceled. However, if the owners of
units in a condominium have the right to use property in common with owners of units in other condominiums and those
condominiums are operated by more than one association, no grant, reservation, or contract for maintenance, management, or
operation of the property serving more than one condominium may be canceled until unit owners other than the developer
have assumed control of all of the associations operating the condominiums that are to be served by the recreational area or
other property, after which cancellation may be effected by concurrence of the owners of not less than 75 percent of the total
number of voting interests in those condominiums other than voting interests owned by the developer. Ss. 718.302(1)(a), and
(d), F.S.
98 S. 718.302(1)(c), F.S.
99 A “multiple parcel building” is a building, other than a building consisting entirely of a single condominium, timeshare, or

cooperative, which contains separate parcels that are vertically located, in whole or in part, on or over the same land. S.
193.0237(1)(a), F.S.
100 S. 718.407(1), F.S.
101 S. 718.407(2), F.S.
102 Ss. 718.407(3)(a), (b), (d), and (e), F.S.
103 S. 718.407(3)(c)1., F.S.
104 Id.
105 An alternative apportionment of expenses is not precluded under the Act as long as such apportionment is stated in the

declaration of condominium, the recorded instrument that creates the multiple parcel building, or any other applicable
recorded instrument. S. 718.407(3)(c)2., F.S.
18
• The area or volume of each portion of the building in relation to the total area or volume of the entire
building, exclusive of the shared facilities.
• The initial estimated market value of each portion of the building in comparison to the total initial
estimated market value of the entire building.
• The extent to which the unit owners are permitted to use various shared facilities.106

Developer and Non-Developer Disclosures
The Act requires that developers 107 and non-developer unit owners make certain disclosures prior to the sale of a
residential condominium unit. 108 Among the required disclosures for developers are the milestone inspection
report, the turnover inspection report, and the SIRS report. 109 Likewise, if a condominium association is required to
have any of the reports but has not completed them, the developer is required to disclose the non-compliance. 110

A unit owner who is not a developer must also comply with the Act’s disclosure requirements before the sale of his
or her unit. 111 Each prospective purchaser who has entered into a contract for the purchase of a unit is entitled, at
the seller’s expense, to a current copy of all of the following:
• The declaration of condominium;
• The articles of incorporation of the association;
• The bylaws and rules of the association;
• An annual financial statement and annual budget of the association;
• A copy of the inspector-prepared summary of the milestone inspection report, if applicable;
• The association’s most recent SIRS or a statement that the association has not completed a SIRS;
• A copy of the inspection report for a turnover inspection performed on or after July 1, 2023; and
• The document entitled “Frequently Asked Questions and Answers” required by s. 718.504, F.S. 112

Section 31 of Ch. 2024-24, Laws of Fla.
The amendments made to ss. 718.103(14), and 718.202(3), and s. 718.407(1), (2), and (6), F.S., F.S., which were
made by s. 31 of ch. 2024-25, Laws of Fla., were intended to clarify existing law and were required to be applied
retroactively. Currently, s. 31 of ch. 2024-24, Laws of Fla., provides that such amendments do not revive or
reinstate any right or interest that has been fully and finally adjudicated as invalid before October 1, 2024.

106 S. 718.407(3)(c)1.a.–c., F.S.
107 “Developer” means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary

course of business, but does not include:
(a) an owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own occupancy;
(b) a cooperative association that creates a condominium by conversion of an existing residential cooperative after
control of the association has been transferred to the unit owners if, following the conversion, the unit owners are the
same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part
of the plan of conversion;
(c) a bulk assignee or bulk buyer as defined in s. 718.703, F.S., or
(d) a state, county, or municipal entity acting as a lessor and not otherwise named as a developer in the declaration of
condominium. S. 718.103(17), F.S.
108 See s. 718.503, F.S.
109 S. 718.503(1)(d), F.S.
110 Id.
111 S. 718.503(2)(a), F.S.
112 S. 718.503(2)(a)1.–8., F.S.

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RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2024 CS/CS/CS/HB Lopez, V. Bradley The 2024 legislation for
1021 condominium and cooperative
associations.
2023 CS/CS/HB 1395 Lopez, V. Bradley The 2023 legislation for
condominium and cooperative
associations.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Budget Committee

Commerce Committee

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 913 2025

1 A bill to be entitled
2 An act relating to condominium associations; amending
3 s. 627.351, F.S.; prohibiting Citizens Property
4 Insurance Corporation from issuing or renewing
5 insurance policies to unit owners or associations
6 under certain circumstances; amending s. 718.110,
7 F.S.; providing that the declaration of a
8 nonresidential condominium may be amended to change
9 certain provisions if all affected record owners join
10 in the execution of such amendment; requiring certain
11 documents to be served at a unit owner's address as
12 reflected in the association's official records;
13 amending s. 718.111, F.S.; requiring, rather than
14 authorizing, an association to provide adequate
15 insurance coverage; revising the requisite intent
16 necessary for criminal penalties; requiring
17 associations to maintain the most recent annual
18 financial statement and annual budget on the
19 condominium property; removing the requirement for an
20 association to provide a unit owner specified notice
21 that the most updated financial report will be
22 provided to the unit owner upon request; providing
23 legislative findings; authorizing the board of an
24 association to levy special assessments and obtain
25 loans for certain purposes without approval of the

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26 membership; providing applicability; amending s.
27 718.112, F.S.; authorizing an association to adopt
28 written reasonable rules governing unit owner
29 questions at a meeting; authorizing an association
30 operating a nonresidential condominium to provide for
31 different voting and election procedures; authorizing
32 a majority of the total voting interests of certain
33 associations to approve the provision of a specified
34 line of credit to be used for certain purposes;
35 authorizing an association's reserve accounts to be
36 pooled; specifying that a conflict of interest exists
37 if the person conducting a structural integrity
38 reserve study or milestone inspection provides or
39 contracts to provide repair or replacement services on
40 certain property; revising applicability; requiring
41 the Department of Business and Professional Regulation
42 to initiate rulemaking by a specified date for a
43 certain purpose; prohibiting the suspension of a
44 voting interest of a condominium when voting to recall
45 a member of the board of administration; prohibiting
46 any prior suspension of voting rights from having any
47 effect; removing certain provisions relating to the
48 method for recalling members of the board; requiring
49 that a recall agreement be served on the association
50 by registered mail, rather than by certified mail or

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51 by personal service; providing that service must be
52 provided in a specified manner to be valid; providing
53 that a rejection of a unit owner's recall agreement
54 applies under certain circumstances; providing that
55 there is a rebuttable presumption that a unit owner
56 executing a recall agreement is the designated voter
57 for the unit; prohibiting an association from
58 enforcing a voting certificate requirement under
59 certain circumstances; requiring that a rescission or
60 revocation of a unit owner's recall agreement be in
61 writing and delivered to the association before an
62 association is served with the written recall
63 agreement; providing construction; revising the
64 timeframe in which a certain petition or action must
65 be filed; requiring that an association be named as
66 the respondent in such petition or action; revising
67 the timeframe in which the Division of Florida
68 Condominiums, Timeshares, and Mobile Homes or a court
69 may not accept a recall petition or a court action;
70 providing that a director or an officer is delinquent
71 if payment is not made by a specified due date
72 identified in the declarations, bylaws, or articles of
73 incorporation; providing that a payment is delinquent
74 on the first day of the assessment period if no
75 specified due date is in the declarations, bylaws, or

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76 articles of incorporation; amending s. 718.113, F.S.;
77 requiring the board to determine whose responsibility
78 it is to pay for removal or reinstallation of
79 hurricane protection; removing authorization for an
80 association to enforce and collect certain charges as
81 assessments; amending s. 718.116, F.S.; providing
82 legislative findings; authorizing the board of an
83 association to levy special assessments for certain
84 purposes without approval of the membership; providing
85 applicability; amending s. 718.117, F.S.; authorizing
86 termination of a condominium if the estimated costs of
87 replacement, in addition to certain construction or
88 repair costs, exceed the estimated fair market value
89 of the units; requiring approval for termination of a
90 condominium by a specified percentage of the voting
91 interests under certain circumstances; removing
92 provision prohibiting a plan of termination if a
93 certain percentage of the total voting interests
94 reject the plan; specifying how members can reject a
95 plan of termination; providing that certain provisions
96 relating to a plan of termination apply to residential
97 condominiums only; requiring a plan of termination to
98 be approved by the division; authorizing condominiums
99 to amend their declarations by a specified vote to
100 include certain provisions of statutory law; providing

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101 additional reasons a unit owner or lienor can contest
102 the apportionment of proceed from a sale of the
103 condominium; amending s. 718.1255, F.S.; providing
104 requirements for bringing an action to challenge an
105 election or a recall; authorizing certain persons to
106 file a notice of removal and complaint in circuit
107 court within a specified timeframe after service of a
108 petition to arbitrate an election or recall disputes;
109 barring actions that are not timely filed and
110 rendering the arbitration decision final; providing
111 requirements for filing a notice of removal and
112 complaint and bringing an action to challenge the
113 arbitration decision; specifying the sole method in
114 which the division or court may award costs and
115 attorney fees in a dispute involving the recall of a
116 director; amending s. 718.128, F.S.; removing a
117 requirement for written notice of certain meetings;
118 requiring, after a specified percentage of voting
119 interests adopts a resolution, a board to hold a
120 meeting within a certain timeframe; requiring a board
121 to receive a petition to adopt a resolution within a
122 certain timeframe; requiring an association to have a
123 designated e-mail address for receipt of ballots
124 transmitted electronically; providing requirements for
125 electronically transmitting a ballot; providing a

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126 presumption; amending s. 718.203, F.S.; providing that
127 all condominiums, not just residential, can be covered
128 by an insured warranty program; amending s. 718.301,
129 F.S.; providing that certain provisions of law
130 relating to transfer of control of an association do
131 not apply to certain residential condominiums
132 beginning on a specified date; amending s. 718.302,
133 F.S.; providing that if unit owners own a specified
134 percentage of voting interests in certain condominiums
135 that certain agreements may be cancelled by the unit
136 owners; amending s. 718.407, F.S.; requiring that a
137 specified report be provided to an association within
138 a certain amount of time after the end of the fiscal
139 year; requiring copies of receipts and invoices be
140 included with the report; authorizing an association
141 to challenge the apportionment of certain costs of the
142 shared facilities within a certain amount of time;
143 providing construction; amending s. 718.503, F.S.;
144 requiring a developer or unit owner to provide one
145 notice, instead of two, to a buyer before the sale of
146 a unit; requiring a unit owner to provide the most
147 recent annual financial statement and annual budget to
148 a buyer before the sale of a unit; amending ch. 2024-
149 244, Laws of Florida; providing that certain
150 amendments that were made to the Condominium Act do

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151 not revive a right or interest in a matter pending
152 adjudication before a specified date; providing an
153 effective date.
154
155 Be It Enacted by the Legislature of the State of Florida:
156
157 Section 1. Paragraph (a) of subsection (6) of section
158 627.351, Florida Statutes, is amended to read:
159 627.351 Insurance risk apportionment plans.—
160 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
161 (a) The public purpose of this subsection is to ensure
162 that there is an orderly market for property insurance for
163 residents and businesses of this state.
164 1. The Legislature finds that private insurers are
165 unwilling or unable to provide affordable property insurance
166 coverage in this state to the extent sought and needed. The
167 absence of affordable property insurance threatens the public
168 health, safety, and welfare and likewise threatens the economic
169 health of the state. The state therefore has a compelling public
170 interest and a public purpose to assist in assuring that
171 property in the state is insured and that it is insured at
172 affordable rates so as to facilitate the remediation,
173 reconstruction, and replacement of damaged or destroyed property
174 in order to reduce or avoid the negative effects otherwise
175 resulting to the public health, safety, and welfare, to the

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176 economy of the state, and to the revenues of the state and local
177 governments which are needed to provide for the public welfare.
178 It is necessary, therefore, to provide affordable property
179 insurance to applicants who are in good faith entitled to
180 procure insurance through the voluntary market but are unable to
181 do so. The Legislature intends, therefore, that affordable
182 property insurance be provided and that it continue to be
183 provided, as long as necessary, through Citizens Property
184 Insurance Corporation, a government entity that is an integral
185 part of the state, and that is not a private insurance company.
186 To that end, the corporation shall strive to increase the
187 availability of affordable property insurance in this state,
188 while achieving efficiencies and economies, and while providing
189 service to policyholders, applicants, and agents which is no
190 less than the quality generally provided in the voluntary
191 market, for the achievement of the foregoing public purposes.
192 Because it is essential for this government entity to have the
193 maximum financial resources to pay claims following a
194 catastrophic hurricane, it is the intent of the Legislature that
195 the corporation continue to be an integral part of the state and
196 that the income of the corporation be exempt from federal income
197 taxation and that interest on the debt obligations issued by the
198 corporation be exempt from federal income taxation.
199 2. The Residential Property and Casualty Joint
200 Underwriting Association originally created by this statute

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201 shall be known as the Citizens Property Insurance Corporation.
202 The corporation shall provide insurance for residential and
203 commercial property, for applicants who are entitled, but, in
204 good faith, are unable to procure insurance through the
205 voluntary market. The corporation shall operate pursuant to a
206 plan of operation approved by order of the Financial Services
207 Commission. The plan is subject to continuous review by the
208 commission. The commission may, by order, withdraw approval of
209 all or part of a plan if the commission determines that
210 conditions have changed since approval was granted and that the
211 purposes of the plan require changes in the plan. For the
212 purposes of this subsection, residential coverage includes both
213 personal lines residential coverage, which consists of the type
214 of coverage provided by homeowner, mobile home owner, dwelling,
215 tenant, condominium unit owner, and similar policies; and
216 commercial lines residential coverage, which consists of the
217 type of coverage provided by condominium association, apartment
218 building, and similar policies.
219 3. With respect to coverage for personal lines residential
220 structures:
221 a. Effective January 1, 2017, a structure that has a
222 dwelling replacement cost of $700,000 or more, or a single
223 condominium unit that has a combined dwelling and contents
224 replacement cost of $700,000 or more, is not eligible for
225 coverage by the corporation.

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226 b. The requirements of sub-subparagraph a. do not apply in
227 counties where the office determines there is not a reasonable
228 degree of competition. In such counties a personal lines
229 residential structure that has a dwelling replacement cost of
230 less than $1 million, or a single condominium unit that has a
231 combined dwelling and contents replacement cost of less than $1
232 million, is eligible for coverage by the corporation.
233 4. It is the intent of the Legislature that policyholders,
234 applicants, and agents of the corporation receive service and
235 treatment of the highest possible level but never less than that
236 generally provided in the voluntary market. It is also intended
237 that the corporation be held to service standards no less than
238 those applied to insurers in the voluntary market by the office
239 with respect to responsiveness, timeliness, customer courtesy,
240 and overall dealings with policyholders, applicants, or agents
241 of the corporation.
242 5.a. Effective January 1, 2009, a personal lines
243 residential structure that is located in the "wind-borne debris
244 region," as defined in s. 1609.2, International Building Code
245 (2006), and that has an insured value on the structure of
246 $750,000 or more is not eligible for coverage by the corporation
247 unless the structure has opening protections as required under
248 the Florida Building Code for a newly constructed residential
249 structure in that area. A residential structure is deemed to
250 comply with this sub-subparagraph if it has shutters or opening

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251 protections on all openings and if such opening protections
252 complied with the Florida Building Code at the time they were
253 installed.
254 b. Any major structure, as defined in s. 161.54(6)(a),
255 that is newly constructed, or rebuilt, repaired, restored, or
256 remodeled to increase the total square footage of finished area
257 by more than 25 percent, pursuant to a permit applied for after
258 July 1, 2015, is not eligible for coverage by the corporation if
259 the structure is seaward of the coastal construction control
260 line established pursuant to s. 161.053 or is within the Coastal
261 Barrier Resources System as designated by 16 U.S.C. ss. 3501-
262 3510.
263 6. With respect to wind-only coverage for commercial lines
264 residential condominiums, effective July 1, 2014, a condominium
265 shall be deemed ineligible for coverage if 50 percent or more of
266 the units are rented more than eight times in a calendar year
267 for a rental agreement period of less than 30 days.
268 7. The corporation may not issue or renew an insurance
269 policy for a condominium unit owner or a condominium association
270 unless the condominium association has complied with the
271 inspection requirements in ss. 553.899 and 718.112(2)(g).
272 Section 2. Subsections (4) and (10) of section 718.110,
273 Florida Statutes, are amended to read:
274 718.110 Amendment of declaration; correction of error or
275 omission in declaration by circuit court.—

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276 (4)(a) Subject to paragraph (b), unless otherwise provided
277 in the declaration as originally recorded, an no amendment may
278 not change the configuration or size of any unit in any material
279 fashion, materially alter or modify the appurtenances to the
280 unit, or change the proportion or percentage by which the unit
281 owner shares the common expenses of the condominium and owns the
282 common surplus of the condominium unless the record owner of the
283 unit and all record owners of liens on the unit join in the
284 execution of the amendment and unless all the record owners of
285 all other units in the same condominium approve the amendment.
286 The acquisition of property by the association and material
287 alterations or substantial additions to such property or the
288 common elements by the association in accordance with s.
289 718.111(7) or s. 718.113, and amendments providing for the
290 transfer of use rights in limited common elements pursuant to s.
291 718.106(2)(b) may not be considered shall not be deemed to
292 constitute a material alteration or modification of the
293 appurtenances to the units. Except as provided in paragraph (b),
294 a declaration recorded after April 1, 1992, may not require the
295 approval of less than a majority of total voting interests of
296 the condominium for amendments under this subsection, unless
297 otherwise required by a governmental entity.
298 (b) Notwithstanding subsection (14), the declaration of a
299 nonresidential condominium formed on or after July 1, 2025, may
300 be amended to change the configuration or size of a unit in any

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301 material fashion, materially alter or modify the appurtenances
302 to the unit, or change the proportion or percentage by which the
303 unit owner shares the common expenses of the condominium and
304 owns the common surplus of the condominium, if the record owners
305 of all affected units and all record owners of liens on the
306 affected units join in the execution of the amendment. The
307 approval of the record owners of the nonaffected units in such
308 condominium is not required.
309 (10) If there is an omission or error in a declaration of
310 condominium, or any other document required to establish the
311 condominium, and the omission or error would affect the valid
312 existence of the condominium, the circuit court may entertain a
313 petition of one or more of the unit owners in the condominium,
314 or of the association, to correct the error or omission, and the
315 action may be a class action. The court may require that one or
316 more methods of correcting the error or omission be submitted to
317 the unit owners to determine the most acceptable correction. All
318 unit owners, the association, and the mortgagees of a first
319 mortgage of record must be joined as parties to the action.
320 Service of process on unit owners may be by publication, but the
321 plaintiff must furnish every unit owner not personally served
322 with process with a copy of the petition and final decree of the
323 court by certified mail, return receipt requested, at the unit
324 owner's last known residence address as reflected in the
325 association's official records. If an action to determine

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326 whether the declaration or another condominium document complies
327 with the mandatory requirements for the formation of a
328 condominium is not brought within 3 years of the recording of
329 the certificate of a surveyor and mapper pursuant to s.
330 718.104(4)(e) or the recording of an instrument that transfers
331 title to a unit in the condominium which is not accompanied by a
332 recorded assignment of developer rights in favor of the grantee
333 of such unit, whichever occurs first, the declaration and other
334 documents will effectively create a condominium, as of the date
335 the declaration was recorded, regardless of whether the
336 documents substantially comply with the mandatory requirements
337 of law. However, both before and after the expiration of this 3-
338 year period, the circuit court has jurisdiction to entertain a
339 petition permitted under this subsection for the correction of
340 the documentation, and other methods of amendment may be
341 utilized to correct the errors or omissions at any time.
342 Section 3. Paragraph (a) of subsection (11), paragraphs
343 (a) and (c) of subsection (12), and subsection (13) of section
344 718.111, Florida Statutes, are amended, and subsection (16) is
345 added to that section, to read:
346 718.111 The association.—
347 (11) INSURANCE.—In order to protect the safety, health,
348 and welfare of the people of the State of Florida and to ensure
349 consistency in the provision of insurance coverage to
350 condominiums and their unit owners, this subsection applies to

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351 every residential condominium in the state, regardless of the
352 date of its declaration of condominium. It is the intent of the
353 Legislature to encourage lower or stable insurance premiums for
354 associations described in this subsection.
355 (a) Every condominium association must provide adequate
356 property insurance as determined under this paragraph,
357 regardless of any requirement in the declaration of condominium
358 for certain coverage by the association for full insurable
359 value, replacement cost, or similar coverage, must be based on
360 the replacement cost of the property to be insured as determined
361 by an independent insurance appraisal or update of a prior
362 appraisal. The replacement cost must be determined at least once
363 every 36 months.
364 1. An association or group of associations may provide
365 adequate property insurance through a self-insurance fund that
366 complies with the requirements of ss. 624.460-624.488.
367 2. The amount of adequate insurance coverage for full
368 insurable value, replacement cost, or similar coverage may be
369 based on the replacement cost of the property to be insured as
370 determined by an independent insurance appraisal or update of a
371 previous appraisal. The replacement cost of property covered
372 must be determined every 3 years, at a minimum.
373 3.2. The association's obligation to obtain and
374 association may also provide adequate property insurance
375 coverage for a group of at least three communities created and

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376 operating under this chapter, chapter 719, chapter 720, or
377 chapter 721 may be satisfied by obtaining and maintaining for
378 such communities insurance coverage sufficient to cover an
379 amount equal to the probable maximum loss for the communities
380 for a 250-year windstorm event.
381 a. Such probable maximum loss must be determined through
382 the use of a competent model that has been accepted by the
383 Florida Commission on Hurricane Loss Projection Methodology.
384 b. A policy or program providing such coverage may not be
385 issued or renewed after July 1, 2008, unless it has been
386 reviewed and approved by the Office of Insurance Regulation. The
387 review and approval must include approval of the policy and
388 related forms pursuant to ss. 627.410 and 627.411, approval of
389 the rates pursuant to s. 627.062, a determination that the loss
390 model approved by the commission was accurately and
391 appropriately applied to the insured structures to determine the
392 250-year probable maximum loss, and a determination that
393 complete and accurate disclosure of all material provisions is
394 provided to condominium unit owners before execution of the
395 agreement by a condominium association.
396 4.3. When determining the adequate amount of property
397 insurance coverage, the association may consider deductibles as
398 determined by this subsection.
399 (12) OFFICIAL RECORDS.—
400 (a) From the inception of the association, the association

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401 shall maintain each of the following items, if applicable, which
402 constitutes the official records of the association:
403 1. A copy of the plans, permits, warranties, and other
404 items provided by the developer under s. 718.301(4).
405 2. A photocopy of the recorded declaration of condominium
406 of each condominium operated by the association and each
407 amendment to each declaration.
408 3. A photocopy of the recorded bylaws of the association
409 and each amendment to the bylaws.
410 4. A certified copy of the articles of incorporation of
411 the association, or other documents creating the association,
412 and each amendment thereto.
413 5. A copy of the current rules of the association.
414 6. A book or books that contain the minutes of all
415 meetings of the association, the board of administration, and
416 the unit owners.
417 7. A current roster of all unit owners and their mailing
418 addresses, unit identifications, voting certifications, and, if
419 known, telephone numbers. The association shall also maintain
420 the e-mail addresses and facsimile numbers of unit owners
421 consenting to receive notice by electronic transmission. In
422 accordance with sub-subparagraph (c)4.e. (c)5.e., the e-mail
423 addresses and facsimile numbers are only accessible to unit
424 owners if consent to receive notice by electronic transmission
425 is provided, or if the unit owner has expressly indicated that

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426 such personal information can be shared with other unit owners
427 and the unit owner has not provided the association with a
428 request to opt out of such dissemination with other unit owners.
429 An association must ensure that the e-mail addresses and
430 facsimile numbers are only used for the business operation of
431 the association and may not be sold or shared with outside third
432 parties. If such personal information is included in documents
433 that are released to third parties, other than unit owners, the
434 association must redact such personal information before the
435 document is disseminated. However, the association is not liable
436 for an inadvertent disclosure of the e-mail address or facsimile
437 number for receiving electronic transmission of notices unless
438 such disclosure was made with a knowing or intentional disregard
439 of the protected nature of such information.
440 8. All current insurance policies of the association and
441 condominiums operated by the association.
442 9. A current copy of any management agreement, lease, or
443 other contract to which the association is a party or under
444 which the association or the unit owners have an obligation or
445 responsibility.
446 10. Bills of sale or transfer for all property owned by
447 the association.
448 11. Accounting records for the association and separate
449 accounting records for each condominium that the association
450 operates. Any person who knowingly or intentionally defaces or

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451 destroys such records, or who knowingly or intentionally fails
452 to create or maintain such records, with the intent of causing
453 harm to the association or one or more of its members, is
454 personally subject to a civil penalty pursuant to s.
455 718.501(1)(e). The accounting records must include, but are not
456 limited to:
457 a. Accurate, itemized, and detailed records of all
458 receipts and expenditures.
459 b. All invoices, transaction receipts, or deposit slips
460 that substantiate any receipt or expenditure of funds by the
461 association.
462 c. A current account and a monthly, bimonthly, or
463 quarterly statement of the account for each unit designating the
464 name of the unit owner, the due date and amount of each
465 assessment, the amount paid on the account, and the balance due.
466 d. All audits, reviews, accounting statements, structural
467 integrity reserve studies, and financial reports of the
468 association or condominium. Structural integrity reserve studies
469 must be maintained for at least 15 years after the study is
470 completed.
471 e. All contracts for work to be performed. Bids for work
472 to be performed are also considered official records and must be
473 maintained by the association for at least 1 year after receipt
474 of the bid.
475 12. Ballots, sign-in sheets, voting proxies, and all other

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476 papers and electronic records relating to voting by unit owners,
477 which must be maintained for 1 year from the date of the
478 election, vote, or meeting to which the document relates,
479 notwithstanding paragraph (b).
480 13. All rental records if the association is acting as
481 agent for the rental of condominium units.
482 14. A copy of the current question and answer sheet as
483 described in s. 718.504.
484 15. A copy of the inspection reports described in ss.
485 553.899 and 718.301(4)(p) and any other inspection report
486 relating to a structural or life safety inspection of
487 condominium property. Such record must be maintained by the
488 association for 15 years after receipt of the report.
489 16. Bids for materials, equipment, or services.
490 17. All affirmative acknowledgments made pursuant to s.
491 718.121(4)(c).
492 18. A copy of all building permits.
493 19. A copy of all satisfactorily completed board member
494 educational certificates.
495 20. All other written records of the association not
496 specifically included in the foregoing which are related to the
497 operation of the association.
498 (c)1.a. The official records of the association are open
499 to inspection by any association member and any person
500 authorized by an association member as a representative of such

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501 member at all reasonable times. The right to inspect the records
502 includes the right to make or obtain copies, at the reasonable
503 expense, if any, of the member and of the person authorized by
504 the association member as a representative of such member. A
505 renter of a unit has a right to inspect and copy only the
506 declaration of condominium, the association's bylaws and rules,
507 and the inspection reports described in ss. 553.899 and
508 718.301(4)(p). The association may adopt reasonable rules
509 regarding the frequency, time, location, notice, and manner of
510 record inspections and copying but may not require a member to
511 demonstrate any purpose or state any reason for the inspection.
512 The failure of an association to provide the records within 10
513 working days after receipt of a written request creates a
514 rebuttable presumption that the association willfully failed to
515 comply with this paragraph. A unit owner who is denied access to
516 official records is entitled to the actual damages or minimum
517 damages for the association's willful failure to comply. Minimum
518 damages are $50 per calendar day for up to 10 days, beginning on
519 the 11th working day after receipt of the written request. The
520 failure to permit inspection entitles any person prevailing in
521 an enforcement action to recover reasonable attorney fees from
522 the person in control of the records who, directly or
523 indirectly, knowingly denied access to the records. If the
524 requested records are posted on an association's website, or are
525 available for download through an application on a mobile

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526 device, the association may fulfill its obligations under this
527 paragraph by directing to the website or the application all
528 persons authorized to request access.
529 b. In response to a written request to inspect records,
530 the association must simultaneously provide to the requestor a
531 checklist of all records made available for inspection and
532 copying. The checklist must also identify any of the
533 association's official records that were not made available to
534 the requestor. An association must maintain a checklist provided
535 under this sub-subparagraph for 7 years. An association
536 delivering a checklist pursuant to this sub-subparagraph creates
537 a rebuttable presumption that the association has complied with
538 this paragraph.
539 2. A director or member of the board or association or a
540 community association manager who knowingly and, willfully or
541 intentionally, and repeatedly violates subparagraph 1. commits a
542 misdemeanor of the second degree, punishable as provided in s.
543 775.082 or s. 775.083, and must be removed from office and a
544 vacancy declared. For purposes of this subparagraph, the term
545 "repeatedly" means two or more violations within a 12-month
546 period.
547 3. Any person who willfully and knowingly or intentionally
548 defaces or destroys accounting records that are required by this
549 chapter to be maintained during the period for which such
550 records are required to be maintained, or who willfully and

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551 knowingly or intentionally fails to create or maintain
552 accounting records that are required to be created or
553 maintained, with the intent of causing harm to the association
554 or one or more of its members, commits a misdemeanor of the
555 first degree, punishable as provided in s. 775.082 or s.
556 775.083; is personally subject to a civil penalty pursuant to s.
557 718.501(1)(d); and must be removed from office and a vacancy
558 declared.
559 4. A person who willfully and knowingly or intentionally
560 refuses to release or otherwise produce association records with
561 the intent to avoid or escape detection, arrest, trial, or
562 punishment for the commission of a crime, or to assist another
563 person with such avoidance or escape, commits a felony of the
564 third degree, punishable as provided in s. 775.082, s. 775.083,
565 or s. 775.084, and must be removed from office and a vacancy
566 declared.
567 5. The association shall maintain an adequate number of
568 copies of the declaration, articles of incorporation, bylaws,
569 and rules, and all amendments to each of the foregoing, as well
570 as the question and answer sheet as described in s. 718.504 and
571 the most recent annual financial statement and annual budget
572 year-end financial information required under this section, on
573 the condominium property to ensure their availability to unit
574 owners and prospective purchasers, and may charge its actual
575 costs for preparing and furnishing these documents to those

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576 requesting the documents. An association shall allow a member or
577 his or her authorized representative to use a portable device,
578 including a smartphone, tablet, portable scanner, or any other
579 technology capable of scanning or taking photographs, to make an
580 electronic copy of the official records in lieu of the
581 association's providing the member or his or her authorized
582 representative with a copy of such records. The association may
583 not charge a member or his or her authorized representative for
584 the use of a portable device. Notwithstanding this paragraph,
585 the following records are not accessible to unit owners:
586 a. Any record protected by the lawyer-client privilege as
587 described in s. 90.502 and any record protected by the work-
588 product privilege, including a record prepared by an association
589 attorney or prepared at the attorney's express direction, which
590 reflects a mental impression, conclusion, litigation strategy,
591 or legal theory of the attorney or the association, and which
592 was prepared exclusively for civil or criminal litigation or for
593 adversarial administrative proceedings, or which was prepared in
594 anticipation of such litigation or proceedings until the
595 conclusion of the litigation or proceedings.
596 b. Information obtained by an association in connection
597 with the approval of the lease, sale, or other transfer of a
598 unit.
599 c. Personnel records of association or management company
600 employees, including, but not limited to, disciplinary, payroll,

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601 health, and insurance records. For purposes of this sub-
602 subparagraph, the term "personnel records" does not include
603 written employment agreements with an association employee or
604 management company, or budgetary or financial records that
605 indicate the compensation paid to an association employee.
606 d. Medical records of unit owners.
607 e. Social security numbers, driver license numbers, credit
608 card numbers, e-mail addresses, telephone numbers, facsimile
609 numbers, emergency contact information, addresses of a unit
610 owner other than as provided to fulfill the association's notice
611 requirements, and other personal identifying information of any
612 person, excluding the person's name, unit designation, mailing
613 address, property address, and any address, e-mail address, or
614 facsimile number provided to the association to fulfill the
615 association's notice requirements. Notwithstanding the
616 restrictions in this sub-subparagraph, an association may print
617 and distribute to unit owners a directory containing the name,
618 unit address, and all telephone numbers of each unit owner.
619 However, an owner may exclude his or her telephone numbers from
620 the directory by so requesting in writing to the association. An
621 owner may consent in writing to the disclosure of other contact
622 information described in this sub-subparagraph. The association
623 is not liable for the inadvertent disclosure of information that
624 is protected under this sub-subparagraph if the information is
625 included in an official record of the association and is

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626 voluntarily provided by an owner and not requested by the
627 association.
628 f. Electronic security measures that are used by the
629 association to safeguard data, including passwords.
630 g. The software and operating system used by the
631 association which allow the manipulation of data, even if the
632 owner owns a copy of the same software used by the association.
633 The data is part of the official records of the association.
634 h. All affirmative acknowledgments made pursuant to s.
635 718.121(4)(c).
636 (13) FINANCIAL REPORTING.—Within 90 days after the end of
637 the fiscal year, or annually on a date provided in the bylaws,
638 the association shall prepare and complete, or contract for the
639 preparation and completion of, a financial report for the
640 preceding fiscal year. Within 21 days after the final financial
641 report is completed by the association or received from the
642 third party, but not later than 120 days after the end of the
643 fiscal year or other date as provided in the bylaws, the
644 association shall deliver to each unit owner by United States
645 mail or personal delivery at the mailing address, property
646 address, e-mail address, or facsimile number provided to fulfill
647 the association's notice requirements, a copy of the most recent
648 financial report, and a notice that a copy of the most recent
649 financial report will be mailed or hand delivered to the unit
650 owner, without charge, within 5 business days after receipt of a

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651 written request from the unit owner. The division shall adopt
652 rules setting forth uniform accounting principles and standards
653 to be used by all associations and addressing the financial
654 reporting requirements for multicondominium associations. The
655 rules must include, but not be limited to, standards for
656 presenting a summary of association reserves, including a good
657 faith estimate disclosing the annual amount of reserve funds
658 that would be necessary for the association to fully fund
659 reserves for each reserve item based on the straight-line
660 accounting method. This disclosure is not applicable to reserves
661 funded via the pooling method. In adopting such rules, the
662 division shall consider the number of members and annual
663 revenues of an association. Financial reports shall be prepared
664 as follows:
665 (a) An association that meets the criteria of this
666 paragraph shall prepare a complete set of financial statements
667 in accordance with generally accepted accounting principles. The
668 financial statements must be based upon the association's total
669 annual revenues, as follows:
670 1. An association with total annual revenues of $150,000
671 or more, but less than $300,000, shall prepare compiled
672 financial statements.
673 2. An association with total annual revenues of at least
674 $300,000, but less than $500,000, shall prepare reviewed
675 financial statements.

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676 3. An association with total annual revenues of $500,000
677 or more shall prepare audited financial statements.
678 (b)1. An association with total annual revenues of less
679 than $150,000 shall prepare a report of cash receipts and
680 expenditures.
681 2. A report of cash receipts and disbursements must
682 disclose the amount of receipts by accounts and receipt
683 classifications and the amount of expenses by accounts and
684 expense classifications, including, but not limited to, the
685 following, as applicable: costs for security, professional and
686 management fees and expenses, taxes, costs for recreation
687 facilities, expenses for refuse collection and utility services,
688 expenses for lawn care, costs for building maintenance and
689 repair, insurance costs, administration and salary expenses, and
690 reserves accumulated and expended for capital expenditures,
691 deferred maintenance, and any other category for which the
692 association maintains reserves.
693 (c) An association may prepare, without a meeting of or
694 approval by the unit owners:
695 1. Compiled, reviewed, or audited financial statements, if
696 the association is required to prepare a report of cash receipts
697 and expenditures;
698 2. Reviewed or audited financial statements, if the
699 association is required to prepare compiled financial
700 statements; or

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701 3. Audited financial statements if the association is
702 required to prepare reviewed financial statements.
703 (d) If approved by a majority of the voting interests
704 present at a properly called meeting of the association, an
705 association may prepare:
706 1. A report of cash receipts and expenditures in lieu of a
707 compiled, reviewed, or audited financial statement;
708 2. A report of cash receipts and expenditures or a
709 compiled financial statement in lieu of a reviewed or audited
710 financial statement; or
711 3. A report of cash receipts and expenditures, a compiled
712 financial statement, or a reviewed financial statement in lieu
713 of an audited financial statement.
714
715 Such meeting and approval must occur before the end of the
716 fiscal year and is effective only for the fiscal year in which
717 the vote is taken. An association may not prepare a financial
718 report pursuant to this paragraph for consecutive fiscal years.
719 If the developer has not turned over control of the association,
720 all unit owners, including the developer, may vote on issues
721 related to the preparation of the association's financial
722 reports, from the date of incorporation of the association
723 through the end of the second fiscal year after the fiscal year
724 in which the certificate of a surveyor and mapper is recorded
725 pursuant to s. 718.104(4)(e) or an instrument that transfers

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726 title to a unit in the condominium which is not accompanied by a
727 recorded assignment of developer rights in favor of the grantee
728 of such unit is recorded, whichever occurs first. Thereafter,
729 all unit owners except the developer may vote on such issues
730 until control is turned over to the association by the
731 developer. Any audit or review prepared under this section shall
732 be paid for by the developer if done before turnover of control
733 of the association.
734 (e) A unit owner may provide written notice to the
735 division of the association's failure to mail or hand deliver
736 him or her a copy of the most recent financial report within 5
737 business days after he or she submitted a written request to the
738 association for a copy of such report. If the division
739 determines that the association failed to mail or hand deliver a
740 copy of the most recent financial report to the unit owner, the
741 division shall provide written notice to the association that
742 the association must mail or hand deliver a copy of the most
743 recent financial report to the unit owner and the division
744 within 5 business days after it receives such notice from the
745 division. An association that fails to comply with the
746 division's request may not waive the financial reporting
747 requirement provided in paragraph (d) for the fiscal year in
748 which the unit owner's request was made and the following fiscal
749 year. A financial report received by the division pursuant to
750 this paragraph shall be maintained, and the division shall

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751 provide a copy of such report to an association member upon his
752 or her request.
753 (16) SPECIAL ASSESSMENTS AND OBTAINING LOANS.—
754 (a)1. The Legislature finds that:
755 a. Condominiums are created as authorized by statute and
756 are subject to covenants that encumber the land and restrict the
757 use of real property.
758 b. In some circumstances, the declaration, articles of
759 incorporation, or bylaws of an association restrict the
760 authority of the board of administration to levy special
761 assessments or to obtain a loan without first receiving approval
762 of the membership, which may preclude an association from
763 obtaining immediate funding to carry out its obligations to
764 perform necessary maintenance, repair, or replacement of the
765 condominium property as required by the milestone inspection
766 report and structural integrity reserve study report in order to
767 protect the health and safety of the unit owners and tenants of
768 the property.
769 c. It is contrary to the public policy of this state to
770 limit the ability of an association to obtain the funds needed
771 to perform necessary maintenance, repair, or replacement of the
772 condominium property as required by the milestone inspection
773 report and structural integrity reserve study report in order to
774 protect the health and safety of the unit owners and tenants of
775 the property.

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776 d. It is in the best interest of this state to provide a
777 method for the boards of administration of associations to
778 obtain the funds needed to perform necessary maintenance,
779 repair, or replacement of the condominium property as required
780 by the milestone inspection report and structural integrity
781 reserve study report without the approval of the membership in
782 order to protect the health and safety of the unit owners and
783 tenants of the property.
784 2. The Legislature further finds that authorizing the
785 board of administration of an association to meet its fiduciary
786 duty, to levy special assessments, and to obtain a loan for
787 necessary maintenance, repair, or replacement of the condominium
788 property as required by the milestone inspection report and
789 structural integrity reserve study report in order to protect
790 the health and safety of the unit owners and tenants of the
791 property is in the public interest; that requiring an
792 association to obtain membership approval endangers the public
793 safety; and that there is a compelling state interest in
794 enabling the board of administration of an association to levy
795 special assessments and obtain loans to perform necessary
796 maintenance, repair, or replacement of the condominium property
797 as required by the milestone inspection report and structural
798 integrity reserve study report without the approval of the
799 membership in order to protect the health and safety of the unit
800 owners and tenants of the property.

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801 (b) Notwithstanding any provision to the contrary
802 contained in an association's declaration, articles of
803 incorporation, or bylaws, the board of administration of an
804 association may levy special assessments and obtain a loan to
805 perform necessary maintenance, repair, or replacement of the
806 condominium property as required by the milestone inspection
807 report and structural integrity reserve study report without the
808 approval of the membership in order to protect the health and
809 safety of the unit owners and tenants of the property.
810 (c) This section applies to all condominiums in existence
811 on or after July 1, 2025, which are not controlled by the
812 developer as defined in s. 718.103 or a bulk assignee or bulk
813 buyer, as those terms are defined in s. 718.703.
814 Section 4. Paragraphs (c), (d), (f), (g), (l), and (p) of
815 subsection (2) of section 718.112, Florida Statutes, are
816 amended, and paragraph (m) of that subsection is republished, to
817 read:
818 718.112 Bylaws.—
819 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
820 following and, if they do not do so, shall be deemed to include
821 the following:
822 (c) Board of administration meetings.—In a residential
823 condominium association of more than 10 units, the board of
824 administration shall meet at least once each quarter. At least
825 four times each year, the meeting agenda must include an

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826 opportunity for members to ask questions of the board, including
827 questions relating to the status of any construction or repair
828 projects, the status of all revenue and expenditures during the
829 current fiscal year, and any other issues affecting the
830 condominium. Meetings of the board of administration at which a
831 quorum of the members is present are open to all unit owners.
832 Members of the board of administration may use e-mail as a means
833 of communication but may not cast a vote on an association
834 matter via e-mail. A unit owner may tape record or videotape the
835 meetings. The right to attend such meetings includes the right
836 to speak at such meetings with reference to all designated
837 agenda items and the right to ask questions relating to reports
838 on the status of construction or repair projects, the status of
839 revenues and expenditures during the current fiscal year, and
840 other issues affecting the condominium. The division shall adopt
841 reasonable rules governing the tape recording and videotaping of
842 the meeting. The association may adopt written reasonable rules
843 governing the frequency, duration, and manner of unit owner
844 statements and questions.
845 1. Adequate notice of all board meetings, which must
846 specifically identify all agenda items, must be posted
847 conspicuously on the condominium property at least 48 continuous
848 hours before the meeting except in an emergency. If 20 percent
849 of the voting interests petition the board to address an item of
850 business, the board, within 60 days after receipt of the

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851 petition, shall place the item on the agenda at its next regular
852 board meeting or at a special meeting called for that purpose.
853 An item not included on the notice may be taken up on an
854 emergency basis by a vote of at least a majority plus one of the
855 board members. Such emergency action must be noticed and
856 ratified at the next regular board meeting. Written notice of a
857 meeting at which a nonemergency special assessment or an
858 amendment to rules regarding unit use will be considered must be
859 mailed, delivered, or electronically transmitted to the unit
860 owners and posted conspicuously on the condominium property at
861 least 14 days before the meeting. Evidence of compliance with
862 this 14-day notice requirement must be made by an affidavit
863 executed by the person providing the notice and filed with the
864 official records of the association.
865 2. Upon notice to the unit owners, the board shall, by
866 duly adopted rule, designate a specific location on the
867 condominium property at which all notices of board meetings must
868 be posted. If there is no condominium property at which notices
869 can be posted, notices shall be mailed, delivered, or
870 electronically transmitted to each unit owner at least 14 days
871 before the meeting. In lieu of or in addition to the physical
872 posting of the notice on the condominium property, the
873 association may, by reasonable rule, adopt a procedure for
874 conspicuously posting and repeatedly broadcasting the notice and
875 the agenda on a closed-circuit cable television system serving

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876 the condominium association. However, if broadcast notice is
877 used in lieu of a notice physically posted on condominium
878 property, the notice and agenda must be broadcast at least four
879 times every broadcast hour of each day that a posted notice is
880 otherwise required under this section. If broadcast notice is
881 provided, the notice and agenda must be broadcast in a manner
882 and for a sufficient continuous length of time so as to allow an
883 average reader to observe the notice and read and comprehend the
884 entire content of the notice and the agenda. In addition to any
885 of the authorized means of providing notice of a meeting of the
886 board, the association may, by rule, adopt a procedure for
887 conspicuously posting the meeting notice and the agenda on a
888 website serving the condominium association for at least the
889 minimum period of time for which a notice of a meeting is also
890 required to be physically posted on the condominium property.
891 Any rule adopted shall, in addition to other matters, include a
892 requirement that the association send an electronic notice in
893 the same manner as a notice for a meeting of the members, which
894 must include a hyperlink to the website at which the notice is
895 posted, to unit owners whose e-mail addresses are included in
896 the association's official records.
897 3. Notice of any meeting in which regular or special
898 assessments against unit owners are to be considered must
899 specifically state that assessments will be considered and
900 provide the estimated cost and description of the purposes for

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901 such assessments. If an agenda item relates to the approval of a
902 contract for goods or services, a copy of the contract must be
903 provided with the notice and be made available for inspection
904 and copying upon a written request from a unit owner or made
905 available on the association's website or through an application
906 that can be downloaded on a mobile device.
907 4. Meetings of a committee to take final action on behalf
908 of the board or make recommendations to the board regarding the
909 association budget are subject to this paragraph. Meetings of a
910 committee that does not take final action on behalf of the board
911 or make recommendations to the board regarding the association
912 budget are subject to this section, unless those meetings are
913 exempted from this section by the bylaws of the association.
914 5. Notwithstanding any other law, the requirement that
915 board meetings and committee meetings be open to the unit owners
916 does not apply to:
917 a. Meetings between the board or a committee and the
918 association's attorney, with respect to proposed or pending
919 litigation, if the meeting is held for the purpose of seeking or
920 rendering legal advice; or
921 b. Board meetings held for the purpose of discussing
922 personnel matters.
923 (d) Unit owner meetings.—
924 1. An annual meeting of the unit owners must be held at
925 the location provided in the association bylaws and, if the

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926 bylaws are silent as to the location, the meeting must be held
927 within 45 miles of the condominium property. However, such
928 distance requirement does not apply to an association governing
929 a timeshare condominium.
930 2. Unless the bylaws provide otherwise, a vacancy on the
931 board caused by the expiration of a director's term must be
932 filled by electing a new board member, and the election must be
933 by secret ballot. An election is not required if the number of
934 vacancies equals or exceeds the number of candidates. For
935 purposes of this paragraph, the term "candidate" means an
936 eligible person who has timely submitted the written notice, as
937 described in sub-subparagraph 4.a., of his or her intention to
938 become a candidate. Except in a timeshare or nonresidential
939 condominium, or if the staggered term of a board member does not
940 expire until a later annual meeting, or if all members' terms
941 would otherwise expire but there are no candidates, the terms of
942 all board members expire at the annual meeting, and such members
943 may stand for reelection unless prohibited by the bylaws. Board
944 members may serve terms longer than 1 year if permitted by the
945 bylaws or articles of incorporation. A board member may not
946 serve more than 8 consecutive years unless approved by an
947 affirmative vote of unit owners representing two-thirds of all
948 votes cast in the election or unless there are not enough
949 eligible candidates to fill the vacancies on the board at the
950 time of the vacancy. Only board service that occurs on or after

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951 July 1, 2018, may be used when calculating a board member's term
952 limit. If the number of board members whose terms expire at the
953 annual meeting equals or exceeds the number of candidates, the
954 candidates become members of the board effective upon the
955 adjournment of the annual meeting. Unless the bylaws provide
956 otherwise, any remaining vacancies shall be filled by the
957 affirmative vote of the majority of the directors making up the
958 newly constituted board even if the directors constitute less
959 than a quorum or there is only one director. In a residential
960 condominium association of more than 10 units or in a
961 residential condominium association that does not include
962 timeshare units or timeshare interests, co-owners of a unit may
963 not serve as members of the board of directors at the same time
964 unless they own more than one unit or unless there are not
965 enough eligible candidates to fill the vacancies on the board at
966 the time of the vacancy. A unit owner in a residential
967 condominium desiring to be a candidate for board membership must
968 comply with sub-subparagraph 4.a. and must be eligible to be a
969 candidate to serve on the board of directors at the time of the
970 deadline for submitting a notice of intent to run in order to
971 have his or her name listed as a proper candidate on the ballot
972 or to serve on the board. A person who has been suspended or
973 removed by the division under this chapter, or who is delinquent
974 in the payment of any assessment due to the association, is not
975 eligible to be a candidate for board membership and may not be

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976 listed on the ballot. For purposes of this paragraph, a person
977 is delinquent if a payment is not made by the due date as
978 specifically identified in the declaration of condominium,
979 bylaws, or articles of incorporation. If a due date is not
980 specifically identified in the declaration of condominium,
981 bylaws, or articles of incorporation, the due date is the first
982 day of the assessment period. A person who has been convicted of
983 any felony in this state or in a United States District or
984 Territorial Court, or who has been convicted of any offense in
985 another jurisdiction which would be considered a felony if
986 committed in this state, is not eligible for board membership
987 unless such felon's civil rights have been restored for at least
988 5 years as of the date such person seeks election to the board.
989 The validity of an action by the board is not affected if it is
990 later determined that a board member is ineligible for board
991 membership due to having been convicted of a felony. This
992 subparagraph does not limit the term of a member of the board of
993 a nonresidential or timeshare condominium.
994 3. The bylaws must provide the method of calling meetings
995 of unit owners, including annual meetings. Written notice of an
996 annual meeting must include an agenda; be mailed, hand
997 delivered, or electronically transmitted to each unit owner at
998 least 14 days before the annual meeting; and be posted in a
999 conspicuous place on the condominium property or association
1000 property at least 14 continuous days before the annual meeting.

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1001 Written notice of a meeting other than an annual meeting must
1002 include an agenda; be mailed, hand delivered, or electronically
1003 transmitted to each unit owner; and be posted in a conspicuous
1004 place on the condominium property or association property within
1005 the timeframe specified in the bylaws. If the bylaws do not
1006 specify a timeframe for written notice of a meeting other than
1007 an annual meeting, notice must be provided at least 14
1008 continuous days before the meeting. Upon notice to the unit
1009 owners, the board shall, by duly adopted rule, designate a
1010 specific location on the condominium property or association
1011 property at which all notices of unit owner meetings must be
1012 posted. This requirement does not apply if there is no
1013 condominium property for posting notices. In lieu of, or in
1014 addition to, the physical posting of meeting notices, the
1015 association may, by reasonable rule, adopt a procedure for
1016 conspicuously posting and repeatedly broadcasting the notice and
1017 the agenda on a closed-circuit cable television system serving
1018 the condominium association. However, if broadcast notice is
1019 used in lieu of a notice posted physically on the condominium
1020 property, the notice and agenda must be broadcast at least four
1021 times every broadcast hour of each day that a posted notice is
1022 otherwise required under this section. If broadcast notice is
1023 provided, the notice and agenda must be broadcast in a manner
1024 and for a sufficient continuous length of time so as to allow an
1025 average reader to observe the notice and read and comprehend the

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1026 entire content of the notice and the agenda. In addition to any
1027 of the authorized means of providing notice of a meeting of the
1028 board, the association may, by rule, adopt a procedure for
1029 conspicuously posting the meeting notice and the agenda on a
1030 website serving the condominium association for at least the
1031 minimum period of time for which a notice of a meeting is also
1032 required to be physically posted on the condominium property.
1033 Any rule adopted shall, in addition to other matters, include a
1034 requirement that the association send an electronic notice in
1035 the same manner as a notice for a meeting of the members, which
1036 must include a hyperlink to the website at which the notice is
1037 posted, to unit owners whose e-mail addresses are included in
1038 the association's official records. Unless a unit owner waives
1039 in writing the right to receive notice of the annual meeting,
1040 such notice must be hand delivered, mailed, or electronically
1041 transmitted to each unit owner. Notice for meetings and notice
1042 for all other purposes must be mailed to each unit owner at the
1043 address last furnished to the association by the unit owner, or
1044 hand delivered to each unit owner. However, if a unit is owned
1045 by more than one person, the association must provide notice to
1046 the address that the developer identifies for that purpose and
1047 thereafter as one or more of the owners of the unit advise the
1048 association in writing, or if no address is given or the owners
1049 of the unit do not agree, to the address provided on the deed of
1050 record. An officer of the association, or the manager or other

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1051 person providing notice of the association meeting, must provide
1052 an affidavit or United States Postal Service certificate of
1053 mailing, to be included in the official records of the
1054 association affirming that the notice was mailed or hand
1055 delivered in accordance with this provision.
1056 4. The members of the board of a residential condominium
1057 shall be elected by written ballot or voting machine. Proxies
1058 may not be used in electing the board in general elections or
1059 elections to fill vacancies caused by recall, resignation, or
1060 otherwise, unless otherwise provided in this chapter. This
1061 subparagraph does not apply to an association governing a
1062 timeshare condominium.
1063 a. At least 60 days before a scheduled election, the
1064 association shall mail, deliver, or electronically transmit, by
1065 separate association mailing or included in another association
1066 mailing, delivery, or transmission, including regularly
1067 published newsletters, to each unit owner entitled to a vote, a
1068 first notice of the date of the election. A unit owner or other
1069 eligible person desiring to be a candidate for the board must
1070 give written notice of his or her intent to be a candidate to
1071 the association at least 40 days before a scheduled election.
1072 Together with the written notice and agenda as set forth in
1073 subparagraph 3., the association shall mail, deliver, or
1074 electronically transmit a second notice of the election to all
1075 unit owners entitled to vote, together with a ballot that lists

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1076 all candidates not less than 14 days or more than 34 days before
1077 the date of the election. Upon request of a candidate, an
1078 information sheet, no larger than 8 1/2 inches by 11 inches,
1079 which must be furnished by the candidate at least 35 days before
1080 the election, must be included with the mailing, delivery, or
1081 transmission of the ballot, with the costs of mailing, delivery,
1082 or electronic transmission and copying to be borne by the
1083 association. The association is not liable for the contents of
1084 the information sheets prepared by the candidates. In order to
1085 reduce costs, the association may print or duplicate the
1086 information sheets on both sides of the paper. The division
1087 shall by rule establish voting procedures consistent with this
1088 sub-subparagraph, including rules establishing procedures for
1089 giving notice by electronic transmission and rules providing for
1090 the secrecy of ballots. Elections shall be decided by a
1091 plurality of ballots cast. There is no quorum requirement;
1092 however, at least 20 percent of the eligible voters must cast a
1093 ballot in order to have a valid election. A unit owner may not
1094 authorize any other person to vote his or her ballot, and any
1095 ballots improperly cast are invalid. A unit owner who violates
1096 this provision may be fined by the association in accordance
1097 with s. 718.303. A unit owner who needs assistance in casting
1098 the ballot for the reasons stated in s. 101.051 may obtain such
1099 assistance. The regular election must occur on the date of the
1100 annual meeting. Notwithstanding this sub-subparagraph, an

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1101 election is not required unless more candidates file notices of
1102 intent to run or are nominated than board vacancies exist.
1103 b. A director of a board of an association of a
1104 residential condominium shall:
1105 (I) Certify in writing to the secretary of the association
1106 that he or she has read the association's declaration of
1107 condominium, articles of incorporation, bylaws, and current
1108 written policies; that he or she will work to uphold such
1109 documents and policies to the best of his or her ability; and
1110 that he or she will faithfully discharge his or her fiduciary
1111 responsibility to the association's members.
1112 (II) Submit to the secretary of the association a
1113 certificate of having satisfactorily completed the educational
1114 curriculum administered by the division or a division-approved
1115 condominium education provider. The educational curriculum must
1116 be at least 4 hours long and include instruction on milestone
1117 inspections, structural integrity reserve studies, elections,
1118 recordkeeping, financial literacy and transparency, levying of
1119 fines, and notice and meeting requirements.
1120
1121 Each newly elected or appointed director must submit to the
1122 secretary of the association the written certification and
1123 educational certificate within 1 year before being elected or
1124 appointed or 90 days after the date of election or appointment.
1125 A director of an association of a residential condominium who

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1126 was elected or appointed before July 1, 2024, must comply with
1127 the written certification and educational certificate
1128 requirements in this sub-subparagraph by June 30, 2025. The
1129 written certification and educational certificate is valid for 7
1130 years after the date of issuance and does not have to be
1131 resubmitted as long as the director serves on the board without
1132 interruption during the 7-year period. A director who is
1133 appointed by the developer may satisfy the educational
1134 certificate requirement in sub-sub-subparagraph (II) for any
1135 subsequent appointment to a board by a developer within 7 years
1136 after the date of issuance of the most recent educational
1137 certificate, including any interruption of service on a board or
1138 appointment to a board in another association within that 7-year
1139 period. One year after submission of the most recent written
1140 certification and educational certificate, and annually
1141 thereafter, a director of an association of a residential
1142 condominium must submit to the secretary of the association a
1143 certificate of having satisfactorily completed at least 1 hour
1144 of continuing education administered by the division, or a
1145 division-approved condominium education provider, relating to
1146 any recent changes to this chapter and the related
1147 administrative rules during the past year. A director of an
1148 association of a residential condominium who fails to timely
1149 file the written certification and educational certificate is
1150 suspended from service on the board until he or she complies

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1151 with this sub-subparagraph. The board may temporarily fill the
1152 vacancy during the period of suspension. The secretary shall
1153 cause the association to retain a director's written
1154 certification and educational certificate for inspection by the
1155 members for 7 years after a director's election or the duration
1156 of the director's uninterrupted tenure, whichever is longer.
1157 Failure to have such written certification and educational
1158 certificate on file does not affect the validity of any board
1159 action.
1160 c. Any challenge to the election process must be commenced
1161 within 60 days after the election results are announced.
1162 5. Any approval by unit owners called for by this chapter
1163 or the applicable declaration or bylaws, including, but not
1164 limited to, the approval requirement in s. 718.111(8), must be
1165 made at a duly noticed meeting of unit owners and is subject to
1166 all requirements of this chapter or the applicable condominium
1167 documents relating to unit owner decisionmaking, except that
1168 unit owners may take action by written agreement, without
1169 meetings, on matters for which action by written agreement
1170 without meetings is expressly allowed by the applicable bylaws
1171 or declaration or any law that provides for such action.
1172 6. Unit owners may waive notice of specific meetings if
1173 allowed by the applicable bylaws or declaration or any law.
1174 Notice of meetings of the board of administration; unit owner
1175 meetings, except unit owner meetings called to recall board

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1176 members under paragraph (l); and committee meetings may be given
1177 by electronic transmission to unit owners who consent to receive
1178 notice by electronic transmission. A unit owner who consents to
1179 receiving notices by electronic transmission is solely
1180 responsible for removing or bypassing filters that block receipt
1181 of mass e-mails sent to members on behalf of the association in
1182 the course of giving electronic notices.
1183 7. Unit owners have the right to participate in meetings
1184 of unit owners with reference to all designated agenda items.
1185 However, the association may adopt reasonable rules governing
1186 the frequency, duration, and manner of unit owner participation.
1187 8. A unit owner may tape record or videotape a meeting of
1188 the unit owners subject to reasonable rules adopted by the
1189 division.
1190 9. Unless otherwise provided in the bylaws, any vacancy
1191 occurring on the board before the expiration of a term may be
1192 filled by the affirmative vote of the majority of the remaining
1193 directors, even if the remaining directors constitute less than
1194 a quorum, or by the sole remaining director. In the alternative,
1195 a board may hold an election to fill the vacancy, in which case
1196 the election procedures must conform to sub-subparagraph 4.a.
1197 unless the association governs 10 units or fewer and has opted
1198 out of the statutory election process, in which case the bylaws
1199 of the association control. Unless otherwise provided in the
1200 bylaws, a board member appointed or elected under this section

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1201 shall fill the vacancy for the unexpired term of the seat being
1202 filled. Filling vacancies created by recall is governed by
1203 paragraph (l) and rules adopted by the division.
1204 10. This chapter does not limit the use of general or
1205 limited proxies, require the use of general or limited proxies,
1206 or require the use of a written ballot or voting machine for any
1207 agenda item or election at any meeting of a timeshare
1208 condominium association or nonresidential condominium
1209 association.
1210
1211 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
1212 association of 10 or fewer units may, by affirmative vote of a
1213 majority of the total voting interests, provide for different
1214 voting and election procedures in its bylaws, which may be by a
1215 proxy specifically delineating the different voting and election
1216 procedures. The different voting and election procedures may
1217 provide for elections to be conducted by limited or general
1218 proxy. Notwithstanding sub-subparagraph 4.a., an association
1219 operating a nonresidential condominium may provide for different
1220 voting and election procedures in its bylaws, or by an amendment
1221 to its bylaws, which may include alternative notice requirements
1222 and voting by limited or general proxy.
1223 (f) Annual budget.—
1224 1. The proposed annual budget of estimated revenues and
1225 expenses must be detailed and must show the amounts budgeted by

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1226 accounts and expense classifications, including, at a minimum,
1227 any applicable expenses listed in s. 718.504(21). The board
1228 shall adopt the annual budget at least 14 days before the start
1229 of the association's fiscal year. In the event that the board
1230 fails to timely adopt the annual budget a second time, it is
1231 deemed a minor violation and the prior year's budget shall
1232 continue in effect until a new budget is adopted. A
1233 multicondominium association must adopt a separate budget of
1234 common expenses for each condominium the association operates
1235 and must adopt a separate budget of common expenses for the
1236 association. In addition, if the association maintains limited
1237 common elements with the cost to be shared only by those
1238 entitled to use the limited common elements as provided for in
1239 s. 718.113(1), the budget or a schedule attached to it must show
1240 the amount budgeted for this maintenance. If, after turnover of
1241 control of the association to the unit owners, any of the
1242 expenses listed in s. 718.504(21) are not applicable, they do
1243 not need to be listed.
1244 2.a. In addition to annual operating expenses, the budget
1245 must include reserve accounts for capital expenditures and
1246 deferred maintenance. These accounts must include, but are not
1247 limited to, roof replacement, building painting, and pavement
1248 resurfacing, regardless of the amount of deferred maintenance
1249 expense or replacement cost, and any other item that has a
1250 deferred maintenance expense or replacement cost that exceeds

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1251 $10,000. The amount to be reserved must be computed using a
1252 formula based upon estimated remaining useful life and estimated
1253 replacement cost or deferred maintenance expense of the reserve
1254 item. In a budget adopted by an association that is required to
1255 obtain a structural integrity reserve study, reserves must be
1256 maintained for the items identified in paragraph (g) for which
1257 the association is responsible pursuant to the declaration of
1258 condominium, and the reserve amount for such items must be based
1259 on the findings and recommendations of the association's most
1260 recent structural integrity reserve study. With respect to items
1261 for which an estimate of useful life is not readily
1262 ascertainable or with an estimated remaining useful life of
1263 greater than 25 years, an association is not required to reserve
1264 replacement costs for such items, but an association must
1265 reserve the amount of deferred maintenance expense, if any,
1266 which is recommended by the structural integrity reserve study
1267 for such items. The association may adjust replacement reserve
1268 assessments annually to take into account an inflation
1269 adjustment and any changes in estimates or extension of the
1270 useful life of a reserve item caused by deferred maintenance.
1271 The members of a unit-owner-controlled association may
1272 determine, by a majority vote of the total voting interests of
1273 the association, to provide no reserves or less reserves than
1274 required by this subsection. For a budget adopted on or after
1275 December 31, 2024, the members of a unit-owner-controlled

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1276 association that must obtain a structural integrity reserve
1277 study may not determine to provide no reserves or less reserves
1278 than required by this subsection for items listed in paragraph
1279 (g), except that members of an association operating a
1280 multicondominium may determine to provide no reserves or less
1281 reserves than required by this subsection if an alternative
1282 funding method has been approved by the division. If the local
1283 building official, as defined in s. 468.603, determines that the
1284 entire condominium building is uninhabitable due to a natural
1285 emergency, as defined in s. 252.34, the board, upon the approval
1286 of a majority of its members, may pause the contribution to its
1287 reserves or reduce reserve funding until the local building
1288 official determines that the condominium building is habitable.
1289 Any reserve account funds held by the association may be
1290 expended, pursuant to the board's determination, to make the
1291 condominium building and its structures habitable. Upon the
1292 determination by the local building official that the
1293 condominium building is habitable, the association must
1294 immediately resume contributing funds to its reserves.
1295 b. Before turnover of control of an association by a
1296 developer to unit owners other than a developer under s.
1297 718.301, the developer-controlled association may not vote to
1298 waive the reserves or reduce funding of the reserves. If a
1299 meeting of the unit owners has been called to determine whether
1300 to waive or reduce the funding of reserves and no such result is

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1301 achieved or a quorum is not attained, the reserves included in
1302 the budget shall go into effect. After the turnover, the
1303 developer may vote its voting interest to waive or reduce the
1304 funding of reserves.
1305 c. For an annual budget adopted on or before December 31,
1306 2027, the members of a unit-owner-controlled association may
1307 approve, by a majority vote of the total voting interests of the
1308 association, the provision of a secured line of credit for up to
1309 35 percent of the amount of the reserves required to meet the
1310 reserve funding schedule recommended by a structural integrity
1311 reserve study with respect to items with an estimated remaining
1312 useful life of greater than 10 years.
1313 3. Reserve funds and any interest accruing thereon shall
1314 remain in the reserve account or accounts, and may be used only
1315 for authorized reserve expenditures unless their use for other
1316 purposes is approved in advance by a majority vote of all the
1317 total voting interests of the association. Before turnover of
1318 control of an association by a developer to unit owners other
1319 than the developer pursuant to s. 718.301, the developer-
1320 controlled association may not vote to use reserves for purposes
1321 other than those for which they were intended. For a budget
1322 adopted on or after December 31, 2024, members of a unit-owner-
1323 controlled association that must obtain a structural integrity
1324 reserve study may not vote to use reserve funds, or any interest
1325 accruing thereon, for any other purpose other than the

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1326 replacement or deferred maintenance costs of the components
1327 listed in paragraph (g).
1328 4. The only voting interests that are eligible to vote on
1329 questions that involve waiving or reducing the funding of
1330 reserves, or using existing reserve funds for purposes other
1331 than purposes for which the reserves were intended, are the
1332 voting interests of the units subject to assessment to fund the
1333 reserves in question. Proxy questions relating to waiving or
1334 reducing the funding of reserves or using existing reserve funds
1335 for purposes other than purposes for which the reserves were
1336 intended must contain the following statement in capitalized,
1337 bold letters in a font size larger than any other used on the
1338 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
1339 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
1340 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
1341 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
1342 5. An association's reserve accounts may be pooled for two
1343 or more required components. Reserve funding for components
1344 listed in paragraph (g) may only be pooled with other components
1345 listed in paragraph (g). The reserve funding indicated in the
1346 proposed annual budget must be sufficient to ensure that
1347 available funds meet or exceed projected expenses for all
1348 components in the reserve pool based on the most recent
1349 structural integrity reserve study.
1350 (g) Structural integrity reserve study.—

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1351 1. A residential condominium association must have a
1352 structural integrity reserve study completed at least every 10
1353 years after the condominium's creation for each building on the
1354 condominium property that is three stories or higher in height,
1355 as determined by the Florida Building Code, which includes, at a
1356 minimum, a study of the following items as related to the
1357 structural integrity and safety of the building:
1358 a. Roof.
1359 b. Structure, including load-bearing walls and other
1360 primary structural members and primary structural systems as
1361 those terms are defined in s. 627.706.
1362 c. Fireproofing and fire protection systems.
1363 d. Plumbing.
1364 e. Electrical systems.
1365 f. Waterproofing and exterior painting.
1366 g. Windows and exterior doors.
1367 h. Any other item that has a deferred maintenance expense
1368 or replacement cost that exceeds $10,000 and the failure to
1369 replace or maintain such item negatively affects the items
1370 listed in sub-subparagraphs a.-g., as determined by the visual
1371 inspection portion of the structural integrity reserve study.
1372 2. A structural integrity reserve study is based on a
1373 visual inspection of the condominium property. A structural
1374 integrity reserve study may be performed by any person qualified
1375 to perform such study. However, the visual inspection portion of

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1376 the structural integrity reserve study must be performed or
1377 verified by an engineer licensed under chapter 471, an architect
1378 licensed under chapter 481, or a person certified as a reserve
1379 specialist or professional reserve analyst by the Community
1380 Associations Institute or the Association of Professional
1381 Reserve Analysts. It is a conflict of interest for any person
1382 who performs a structural integrity reserve study or a milestone
1383 inspection under s. 553.899 to provide or contract to provide
1384 services for the repair or replacement of the condominium
1385 property that was the subject of such structural integrity
1386 reserve study or milestone inspection, or to have a financial
1387 interest with the person or entity providing the repair or
1388 replacement services.
1389 3. At a minimum, a structural integrity reserve study must
1390 identify each item of the condominium property being visually
1391 inspected, state the estimated remaining useful life and the
1392 estimated replacement cost or deferred maintenance expense of
1393 each item of the condominium property being visually inspected,
1394 and provide a reserve funding schedule with a recommended annual
1395 reserve amount that achieves the estimated replacement cost or
1396 deferred maintenance expense of each item of condominium
1397 property being visually inspected by the end of the estimated
1398 remaining useful life of the item. The structural integrity
1399 reserve study may recommend that reserves do not need to be
1400 maintained for any item for which an estimate of useful life and

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1401 an estimate of replacement cost cannot be determined, or the
1402 study may recommend a deferred maintenance expense amount for
1403 such item. The structural integrity reserve study may recommend
1404 that reserves for replacement costs do not need to be maintained
1405 for any item with an estimated remaining useful life of greater
1406 than 25 years, but the study may recommend a deferred
1407 maintenance expense amount for such item.
1408 4. This paragraph does not apply to buildings less than
1409 three stories in height; single-family, two-family, or three-
1410 family, or four-family dwellings with three or fewer habitable
1411 stories above ground; any portion or component of a building
1412 that has not been submitted to the condominium form of
1413 ownership; or any portion or component of a building that is
1414 maintained by a party other than the association.
1415 5. Before a developer turns over control of an association
1416 to unit owners other than the developer, the developer must have
1417 a turnover inspection report in compliance with s. 718.301(4)(p)
1418 and (q) for each building on the condominium property that is
1419 three stories or higher in height.
1420 6. Associations existing on or before July 1, 2022, which
1421 are controlled by unit owners other than the developer, must
1422 have a structural integrity reserve study completed by December
1423 31, 2024, for each building on the condominium property that is
1424 three stories or higher in height. An association that is
1425 required to complete a milestone inspection in accordance with

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1426 s. 553.899 on or before December 31, 2026, may complete the
1427 structural integrity reserve study simultaneously with the
1428 milestone inspection. In no event may the structural integrity
1429 reserve study be completed after December 31, 2026.
1430 7. If the milestone inspection required by s. 553.899, or
1431 an inspection completed for a similar local requirement, was
1432 performed within the past 5 years and meets the requirements of
1433 this paragraph, such inspection may be used in place of the
1434 visual inspection portion of the structural integrity reserve
1435 study.
1436 8. If the officers or directors of an association
1437 willfully and knowingly fail to complete a structural integrity
1438 reserve study pursuant to this paragraph, such failure is a
1439 breach of an officer's and director's fiduciary relationship to
1440 the unit owners under s. 718.111(1).
1441 9. Within 45 days after receiving the structural integrity
1442 reserve study, the association must distribute a copy of the
1443 study to each unit owner or deliver to each unit owner a notice
1444 that the completed study is available for inspection and copying
1445 upon a written request. Distribution of a copy of the study or
1446 notice must be made by United States mail or personal delivery
1447 to the mailing address, property address, or any other address
1448 of the owner provided to fulfill the association's notice
1449 requirements under this chapter, or by electronic transmission
1450 to the e-mail address or facsimile number provided to fulfill

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1451 the association's notice requirements to unit owners who
1452 previously consented to receive notice by electronic
1453 transmission.
1454 10. Within 45 days after receiving the structural
1455 integrity reserve study, the association must provide the
1456 division with a statement indicating that the study was
1457 completed and that the association provided or made available
1458 such study to each unit owner in accordance with this section.
1459 The statement must be provided to the division in the manner
1460 established by the division using a form posted on the
1461 division's website.
1462 11. By October 1, 2025, the Department of Business and
1463 Professional Regulation shall initiate rulemaking to establish
1464 criteria for determining the estimated useful life of the
1465 building components identified in subparagraph 1.
1466 (l) Recall of board members.—Subject to s. 718.301, any
1467 member of the board of administration may be recalled and
1468 removed from office with or without cause by the vote or
1469 agreement in writing by a majority of all the voting interests.
1470 A voting interest of the condominium may not be suspended when
1471 voting to recall a member of the board of administration and any
1472 prior suspension of voting rights pursuant to s. 718.303(5)
1473 shall have no effect on a recall vote A special meeting of the
1474 unit owners to recall a member or members of the board of
1475 administration may be called by 10 percent of the voting

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1476 interests giving notice of the meeting as required for a meeting
1477 of unit owners, and the notice shall state the purpose of the
1478 meeting. Electronic transmission may not be used as a method of
1479 giving notice of a meeting called in whole or in part for this
1480 purpose.
1481 1. If the recall is approved by a majority of all voting
1482 interests by a vote at a meeting, the recall will be effective
1483 as provided in this paragraph. The board shall duly notice and
1484 hold a board meeting within 5 full business days after the
1485 adjournment of the unit owner meeting to recall one or more
1486 board members. Such member or members shall be recalled
1487 effective immediately upon conclusion of the board meeting,
1488 provided that the recall is facially valid. A recalled member
1489 must turn over to the board, within 10 full business days after
1490 the vote, any and all records and property of the association in
1491 their possession.
1492 1.2. If The proposed recall is by an agreement in writing
1493 by a majority of all voting interests, the agreement in writing
1494 or a copy thereof must shall be served on the association by
1495 registered certified mail or by personal service in the manner
1496 authorized by chapter 48 and the Florida Rules of Civil
1497 Procedure. Methods of service that are not authorized by chapter
1498 48 and the Florida Rules of Civil Procedure are invalid and any
1499 service that does not comply with this paragraph is void. The
1500 board of administration shall duly notice and hold a meeting of

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1501 the board within 5 full business days after receipt of the
1502 agreement by valid service as authorized under this paragraph in
1503 writing. Such member or members must shall be recalled effective
1504 immediately upon the conclusion of the board meeting, provided
1505 that the recall is facially valid and the agreement was validly
1506 served. A recalled member must turn over to the board, within 10
1507 full business days, any and all records and property of the
1508 association in his or her their possession.
1509 2. Rejection of a unit owner's recall agreement under this
1510 section applies when the recall agreement:
1511 a. Was improperly served;
1512 b. Was executed by a person who was not a unit's record
1513 owner or designated voter;
1514 c. Was previously marked for the removal of any board
1515 member;
1516 d. Does not contain any markings that indicate the
1517 selection by a unit owner to either remove or retain a board
1518 member; or
1519 e. Does not contain the signature of the unit owner.
1520 3. There is a rebuttable presumption that a unit owner
1521 executing the recall agreement is the designated voter for the
1522 unit. An association may not enforce a voting certificate
1523 requirement if the association has not enforced such requirement
1524 in all matters requiring the use of voting certificates in the
1525 year immediately preceding service of the recall agreement.

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1526 4. A rescission or revocation of a unit owner's recall
1527 agreement must be in writing and delivered to the association
1528 before the association is served with the written recall
1529 agreement. This subparagraph must be liberally construed to
1530 ensure a unit owner is not disenfranchised by an association in
1531 a recall and to prevent an association from failing to certify a
1532 recall agreement on a technical omission which is not a part in
1533 the discharge of the unit owner's voting rights.
1534 5.3. If the board fails to duly notice and hold a board
1535 meeting within 5 full business days after service of an
1536 agreement in writing or within 5 full business days after the
1537 adjournment of the unit owner recall meeting, the recall is
1538 deemed effective and the board members so recalled shall turn
1539 over to the board within 10 full business days after the vote
1540 any and all records and property of the association.
1541 6.4. If the board fails to duly notice and hold the
1542 required meeting or at the conclusion of the meeting determines
1543 that the recall is not facially valid, the unit owner
1544 representative may file a petition or circuit court action under
1545 s. 718.1255 challenging the board's failure to act or
1546 challenging the board's determination on facial validity. The
1547 petition or action must be filed within 45 60 days after the
1548 expiration of the applicable 5-full-business-day period. The
1549 review of a petition or action under this subparagraph is
1550 limited to the sufficiency of service on the board and the

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1551 facial validity of the written agreement or ballots filed. The
1552 association must be named as the respondent.
1553 7.5. If a vacancy occurs on the board as a result of a
1554 recall or removal and less than a majority of the board members
1555 are removed, the vacancy may be filled by the affirmative vote
1556 of a majority of the remaining directors, notwithstanding any
1557 provision to the contrary contained in this subsection. If
1558 vacancies occur on the board as a result of a recall and a
1559 majority or more of the board members are removed, the vacancies
1560 must shall be filled in accordance with procedural rules to be
1561 adopted by the division, which rules need not be consistent with
1562 this subsection. The rules must provide procedures governing the
1563 conduct of the recall election as well as the operation of the
1564 association during the period after a recall but before the
1565 recall election.
1566 8.6. A board member who has been recalled may file a
1567 petition or court action under s. 718.1255 challenging the
1568 validity of the recall. The petition or action must be filed
1569 within 45 60 days after the recall. The association and the unit
1570 owner representative must shall be named as the respondents. The
1571 petition or action may challenge the facial validity of the
1572 written agreement or ballots filed or the substantial compliance
1573 with the procedural requirements for the recall. If the
1574 arbitrator or court determines the recall was invalid, the
1575 petitioning board member must shall immediately be reinstated

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1576 and the recall is null and void. A board member who is
1577 successful in challenging a recall is entitled to recover
1578 reasonable attorney fees and costs from the respondents. The
1579 arbitrator or court may award reasonable attorney fees and costs
1580 to the respondents if they prevail, if the arbitrator or court
1581 makes a finding that the petitioner's claim is frivolous.
1582 9.7. The division or a court of competent jurisdiction may
1583 not accept for filing a recall petition or court action, whether
1584 filed under subparagraph 1., subparagraph 2., subparagraph 4.,
1585 or subparagraph 6., or subparagraph 8., when there are 45 60 or
1586 fewer days until the scheduled reelection of the board member
1587 sought to be recalled or when 45 60 or fewer days have elapsed
1588 since the election of the board member sought to be recalled.
1589 (m) Alternative dispute resolution.—There must be a
1590 provision for alternative dispute resolution as provided for in
1591 s. 718.1255 for any residential condominium.
1592 (p) Director or officer delinquencies.—A director or
1593 officer more than 90 days delinquent in the payment of any
1594 monetary obligation due the association is shall be deemed to
1595 have abandoned the office, creating a vacancy in the office to
1596 be filled according to law. For the purpose of this paragraph, a
1597 director or an officer is delinquent if a payment is not made by
1598 the due date as specifically identified in the declarations,
1599 bylaws, or articles of incorporation. If a due date is not
1600 specifically identified in the declaration, bylaws, or articles

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1601 of incorporation, the due date is the first day of the
1602 assessment period.
1603 Section 5. Paragraphs (d) and (e) of subsection (5) of
1604 section 718.113, Florida Statutes, are amended to read:
1605 718.113 Maintenance; limitation upon improvement; display
1606 of flag; hurricane protection; display of religious
1607 decorations.—
1608 (5) To protect the health, safety, and welfare of the
1609 people of the state and to ensure uniformity and consistency in
1610 the hurricane protections installed by condominium associations
1611 and unit owners, this subsection applies to all residential and
1612 mixed-use condominiums in the state, regardless of when the
1613 condominium is created pursuant to the declaration of
1614 condominium. Each board of administration of a residential
1615 condominium or mixed-use condominium must adopt hurricane
1616 protection specifications for each building within each
1617 condominium operated by the association which may include color,
1618 style, and other factors deemed relevant by the board. All
1619 specifications adopted by the board must comply with the
1620 applicable building code. The installation, maintenance, repair,
1621 replacement, and operation of hurricane protection in accordance
1622 with this subsection is not considered a material alteration or
1623 substantial addition to the common elements or association
1624 property within the meaning of this section.
1625 (d) Unless otherwise provided in the declaration as

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1626 originally recorded, or as amended, a unit owner is not
1627 responsible for the cost of any removal or reinstallation of
1628 hurricane protection, including exterior windows, doors, or
1629 other apertures, if its removal is necessary for the
1630 maintenance, repair, or replacement of other condominium
1631 property or association property for which the association is
1632 responsible. The board shall determine if the removal or
1633 reinstallation of hurricane protection must be completed by the
1634 unit owner or the association if the declaration as originally
1635 recorded, or as amended, does not specify who is responsible for
1636 such costs. If such removal or reinstallation is completed by
1637 the association, the costs incurred by the association may not
1638 be charged to the unit owner. If such removal or reinstallation
1639 is completed by the unit owner, the association must reimburse
1640 the unit owner for the cost of the removal or reinstallation or
1641 the association must apply a credit toward future assessments in
1642 the amount of the unit owner's cost to remove or reinstall the
1643 hurricane protection.
1644 (e) If the removal or reinstallation of hurricane
1645 protection, including exterior windows, doors, or other
1646 apertures, is the responsibility of the unit owner and the
1647 association completes such removal or reinstallation and then
1648 charges the unit owner for such removal or reinstallation, such
1649 charges are enforceable as an assessment and may be collected in
1650 the manner provided under s. 718.116.

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1651 Section 6. Subsection (10) of section 718.116, Florida
1652 Statutes, is amended to read:
1653 718.116 Assessments; liability; lien and priority;
1654 interest; collection.—
1655 (10)(a) The specific purpose or purposes of any special
1656 assessment, including any contingent special assessment levied
1657 in conjunction with the purchase of an insurance policy
1658 authorized by s. 718.111(11), approved in accordance with the
1659 condominium documents shall be set forth in a written notice of
1660 such assessment sent or delivered to each unit owner. The funds
1661 collected pursuant to a special assessment shall be used only
1662 for the specific purpose or purposes set forth in such notice.
1663 However, upon completion of such specific purpose or purposes,
1664 any excess funds will be considered common surplus, and may, at
1665 the discretion of the board, either be returned to the unit
1666 owners or applied as a credit toward future assessments.
1667 (b) The Legislature finds that:
1668 1. In some circumstances, the declaration, articles of
1669 incorporation, or bylaws of an association restrict the
1670 authority of the board of administration to levy special
1671 assessments without first obtaining the approval of the
1672 membership, which may preclude an association from obtaining
1673 immediate funding to carry out its obligations to perform
1674 necessary maintenance, repair, or replacement of the condominium
1675 property as required by the milestone inspection report and

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1676 structural integrity reserve study report in order to protect
1677 the health and safety of the unit owners and tenants of the
1678 property.
1679 2. It is contrary to the public policy of this state to
1680 limit the ability of an association to obtain the funds needed
1681 to perform necessary maintenance, repair, or replacement of the
1682 condominium property as required by the milestone inspection
1683 report and structural integrity reserve study report in order to
1684 protect the unit owners and tenants of the property.
1685 3. Authorizing the board of administration of an
1686 association to meet its fiduciary duty and levy special
1687 assessments to fund necessary maintenance, repair, or
1688 replacement of the condominium property as required by the
1689 milestone inspection report and structural integrity reserve
1690 study report in order to protect the health and safety of the
1691 unit owners and tenants of the property is in the public
1692 interest; that requiring an association to obtain membership
1693 approval endangers the public safety; and that there is a
1694 compelling state interest in enabling the board of
1695 administration of an association to levy special assessments to
1696 perform necessary maintenance, repair, or replacement of the
1697 condominium property as required by the milestone inspection
1698 report and structural integrity reserve study report without the
1699 approval of the membership in order to protect the health and
1700 safety of the unit owners and tenants of the property.

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1701 (c) Notwithstanding any provision to the contrary
1702 contained in an association's declaration, articles of
1703 incorporation, or bylaws, the board of administration of an
1704 association may levy special assessments to perform necessary
1705 maintenance, repair, or replacement of the condominium property
1706 as required by the milestone inspection report and structural
1707 integrity reserve study report without the approval of the
1708 membership in order to protect the health and safety of the unit
1709 owners and tenants of the property.
1710 (d) Paragraph (c) applies to all condominiums in existence
1711 on or after July 1, 2025, which are not subject to control of
1712 the developer as defined in s. 718.103 or a bulk assignee or
1713 bulk buyer, as those terms are defined in s. 718.703.
1714 Section 7. Paragraph (a) of subsection (2) and subsections
1715 (3), (4), and (16) of section 718.117, Florida Statutes, are
1716 amended to read:
1717 718.117 Termination of condominium.—
1718 (2) TERMINATION BECAUSE OF ECONOMIC WASTE OR
1719 IMPOSSIBILITY.—
1720 (a) Notwithstanding any provision in the declaration, the
1721 condominium form of ownership of a property may be terminated by
1722 a plan of termination approved by the lesser of the lowest
1723 percentage of voting interests necessary to amend the
1724 declaration or as otherwise provided in the declaration for
1725 approval of termination if:

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1726 1. The total estimated cost of construction, replacement,
1727 or repairs necessary to construct or replace the intended
1728 improvements or restore the improvements to bring them into
1729 compliance with the most recent version of the Florida Building
1730 Code or to their former condition or bring them into compliance
1731 with applicable laws or regulations, plus the combined estimated
1732 fair market value of the units in the condominium before
1733 commencement of the construction, replacement, or repairs,
1734 exceeds the combined estimated fair market value of the units in
1735 the condominium after completion of the construction,
1736 replacement, or repairs. However, if at least 50 percent of the
1737 total voting interests are owned by a bulk owner, as defined in
1738 paragraph (3)(c), termination of the condominium under this
1739 subsection requires the approval of at least 80 percent of all
1740 the voting interests in the condominium; or
1741 2. It becomes impossible to operate or reconstruct a
1742 condominium to its prior physical configuration because of land
1743 use laws or regulations.
1744 (3) OPTIONAL TERMINATION.—Subject to this subsection, the
1745 condominium form of ownership may be terminated for all or a
1746 portion of the condominium property pursuant to a plan of
1747 termination meeting the requirements of this section and
1748 approved by the division. Before a residential association
1749 submits a plan to the division, the plan must be approved by at
1750 least 80 percent of the total voting interests in of the

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1751 condominium. However, if 5 percent or more of the total voting
1752 interests of the condominium have rejected the plan of
1753 termination by negative vote or by providing written objections,
1754 the plan of termination may not proceed.
1755 (a) The termination of the condominium form of ownership
1756 is subject to the following conditions:
1757 1. The total voting interests of the condominium must
1758 include all voting interests for the purpose of considering a
1759 plan of termination. A voting interest of the condominium may
1760 not be suspended for any reason when voting on termination
1761 pursuant to this subsection.
1762 2. If 5 percent or more of the total voting interests of
1763 the condominium have rejected reject a plan of termination by a
1764 negative vote or by providing written objections, the plan of
1765 termination may not proceed and a subsequent plan of termination
1766 under pursuant to this subsection may not be considered for 24
1767 months after the date of the rejection.
1768 (b) This subsection does not apply to any condominium
1769 created pursuant to Part VI of this chapter until 5 years after
1770 the recording of the declaration of condominium, unless there is
1771 no objection to the plan of termination.
1772 (c) The requirements of this paragraph apply to
1773 residential condominiums. For purposes of this paragraph
1774 subsection, the term "bulk owner" means the single holder of
1775 such voting interests or an owner together with a related entity

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1776 or entities that would be considered an insider, as defined in
1777 s. 726.102, holding such voting interests. If the condominium
1778 association is a residential association proposed for
1779 termination pursuant to this section and, at the time of
1780 recording the plan of termination, at least 80 percent of the
1781 total voting interests of the condominium are owned by a bulk
1782 owner, the plan of termination is subject to the following
1783 conditions and limitations:
1784 1. If the former condominium units are offered for lease
1785 to the public after the termination, each unit owner in
1786 occupancy immediately before the date of recording of the plan
1787 of termination may lease his or her former unit and remain in
1788 possession of the unit for 12 months after the effective date of
1789 the termination on the same terms as similar unit types within
1790 the property are being offered to the public. In order to obtain
1791 a lease and exercise the right to retain exclusive possession of
1792 the unit owner's former unit, the unit owner must make a written
1793 request to the termination trustee to rent the former unit
1794 within 90 days after the date the plan of termination is
1795 recorded. Any unit owner who fails to timely make such written
1796 request and sign a lease within 15 days after being presented
1797 with a lease is deemed to have waived his or her right to retain
1798 possession of his or her former unit and shall be required to
1799 vacate the former unit upon the effective date of the
1800 termination, unless otherwise provided in the plan of

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1801 termination.
1802 2. Any former unit owner whose unit was granted homestead
1803 exemption status by the applicable county property appraiser as
1804 of the date of the recording of the plan of termination shall be
1805 paid a relocation payment in an amount equal to 1 percent of the
1806 termination proceeds allocated to the owner's former unit. Any
1807 relocation payment payable under this subparagraph shall be paid
1808 by the single entity or related entities owning at least 80
1809 percent of the total voting interests. Such relocation payment
1810 shall be in addition to the termination proceeds for such
1811 owner's former unit and shall be paid no later than 10 days
1812 after the former unit owner vacates his or her former unit.
1813 3. For their respective units, all unit owners other than
1814 the bulk owner must be compensated at least 100 percent of the
1815 fair market value of their units. The fair market value shall be
1816 determined as of a date that is no earlier than 90 days before
1817 the date that the plan of termination is recorded and shall be
1818 determined by an independent appraiser selected by the
1819 termination trustee. For a person whose unit was granted
1820 homestead exemption status by the applicable county property
1821 appraiser, or was an owner-occupied operating business, as of
1822 the date that the plan of termination is recorded and who is
1823 current in payment of both assessments and other monetary
1824 obligations to the association as of the date the plan of
1825 termination is recorded, the fair market value shall be at least

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1826 the original purchase price paid for the unit. For purposes of
1827 this subparagraph, the term "fair market value" means the price
1828 of a unit that a seller is willing to accept and a buyer is
1829 willing to pay on the open market in an arms-length transaction
1830 based on similar units sold in other condominiums, including
1831 units sold in bulk purchases but excluding units sold at
1832 wholesale or distressed prices. The purchase price of units
1833 acquired in bulk following a bankruptcy or foreclosure shall not
1834 be considered for purposes of determining fair market value.
1835 4. The plan of termination must provide for payment of a
1836 first mortgage encumbering a unit to the extent necessary to
1837 satisfy the lien, but the payment may not exceed the unit's
1838 share of the proceeds of termination under the plan. If the unit
1839 owner is current in payment of both assessments and other
1840 monetary obligations to the association and any mortgage
1841 encumbering the unit as of the date the plan of termination is
1842 recorded, the receipt by the holder of the unit's share of the
1843 proceeds of termination under the plan or the outstanding
1844 balance of the mortgage, whichever is less, shall be deemed to
1845 have satisfied the first mortgage in full.
1846 5. Before a plan of termination is presented to the unit
1847 owners for consideration pursuant to this paragraph, the plan
1848 must include the following written disclosures in a sworn
1849 statement:
1850 a. The identity of any person or entity that owns or

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1851 controls 25 percent or more of the units in the condominium and,
1852 if the units are owned by an artificial entity or entities, a
1853 disclosure of the natural person or persons who, directly or
1854 indirectly, manage or control the entity or entities and the
1855 natural person or persons who, directly or indirectly, own or
1856 control 10 percent or more of the artificial entity or entities
1857 that constitute the bulk owner.
1858 b. The units acquired by any bulk owner, the date each
1859 unit was acquired, and the total amount of compensation paid to
1860 each prior unit owner by the bulk owner, regardless of whether
1861 attributed to the purchase price of the unit.
1862 c. The relationship of any board member to the bulk owner
1863 or any person or entity affiliated with the bulk owner subject
1864 to disclosure pursuant to this subparagraph.
1865 d. The factual circumstances that show that the plan
1866 complies with the requirements of this section and that the plan
1867 supports the expressed public policies of this section.
1868 (d) If the members of the board of administration are
1869 elected by the bulk owner, unit owners other than the bulk owner
1870 may elect at least one-third of the members of the board of
1871 administration before the approval of any plan of termination.
1872 (e) Termination must be approved by the division after a
1873 plan of termination receives the requisite approval from the
1874 unit owners. The division shall examine the plan of termination
1875 to determine its procedural sufficiency and, within 45 days

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1876 after receipt of the initial filing, the division shall notify
1877 the association by mail of any procedural deficiencies or that
1878 the filing is accepted. If the notice is not given within 45
1879 days after the receipt of the filing, the plan of termination is
1880 presumed to be accepted. If the division determines that the
1881 conditions required by this section have been met and that the
1882 plan complies with the procedural requirements of this section,
1883 the division shall authorize the termination, and the
1884 termination may proceed pursuant to this section.
1885 (f) Subsection (2) does not apply to optional termination
1886 pursuant to this subsection.
1887 (4) EXEMPTION.—A plan of termination is not an amendment
1888 subject to s. 718.110(4). In a partial termination, a plan of
1889 termination is not an amendment subject to s. 718.110(4) if the
1890 ownership share of the common elements of a surviving unit in
1891 the condominium remains in the same proportion to the surviving
1892 units as it was before the partial termination. Notwithstanding
1893 any provision in the declaration to the contrary, the
1894 association may amend the declaration of condominium for the
1895 purpose of incorporating this section by the lesser of the
1896 lowest percentage of voting interests necessary to amend the
1897 declaration or as otherwise provided in the declaration,
1898 whichever is less.
1899 (16) RIGHT TO CONTEST.—A unit owner or lienor may contest
1900 a plan of termination by initiating a petition in accordance

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1901 with s. 718.1255 within 90 days after the date the plan is
1902 recorded. A unit owner or lienor may only contest the fairness
1903 and reasonableness of the apportionment of the proceeds from the
1904 sale among the unit owners;, that the liens of the first
1905 mortgages of unit owners other than the bulk owner have not or
1906 will not be satisfied to the extent required by subsection (3);
1907 that the combined estimated fair market value of the units in
1908 the condominium after completion of the construction,
1909 replacement, or repairs contemplated by subparagraph (2)(a)1.
1910 exceeds the estimated value of the units before the
1911 construction, replacement, or repairs plus the cost of the
1912 construction, replacement, or repairs;, or that the required
1913 vote to approve the plan was not obtained. A unit owner or
1914 lienor who does not contest the plan within the 90-day period is
1915 barred from asserting or prosecuting a claim against the
1916 association, the termination trustee, any unit owner, or any
1917 successor in interest to the condominium property. In an action
1918 contesting a plan of termination, the person contesting the plan
1919 has the burden of pleading and proving that the apportionment of
1920 the proceeds from the sale among the unit owners was not fair
1921 and reasonable or that the required vote was not obtained. The
1922 apportionment of sale proceeds is presumed fair and reasonable
1923 if it was determined pursuant to the methods prescribed in
1924 subsection (12). If the petition is filed with the division for
1925 arbitration, the arbitrator shall determine the rights and

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1926 interests of the parties in the apportionment of the sale
1927 proceeds. If the arbitrator determines that the apportionment of
1928 sales proceeds is not fair and reasonable, the arbitrator may
1929 void the plan or may modify the plan to apportion the proceeds
1930 in a fair and reasonable manner pursuant to this section based
1931 upon the proceedings and order the modified plan of termination
1932 to be implemented. If the arbitrator determines that the plan
1933 was not properly approved, or that the procedures to adopt the
1934 plan were not properly followed, the arbitrator may void the
1935 plan or grant other relief it deems just and proper. The
1936 arbitrator shall automatically void the plan upon a finding that
1937 any of the disclosures required in subparagraph (3)(c)5. are
1938 omitted, misleading, incomplete, or inaccurate. Any challenge to
1939 a plan, other than a challenge that the required vote was not
1940 obtained, does not affect title to the condominium property or
1941 the vesting of the condominium property in the trustee, but
1942 shall only be a claim against the proceeds of the plan. In any
1943 such action, the prevailing party shall recover reasonable
1944 attorney fees and costs.
1945 Section 8. Subsection (7) of section 718.1255, Florida
1946 Statutes, is renumbered as subsection (9), paragraph (a) of
1947 subsection (4) and subsection (6) are amended, and new
1948 subsections (7) and (8) are added to that section, to read:
1949 718.1255 Alternative dispute resolution; mediation;
1950 nonbinding arbitration; applicability.—

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1951 (4) NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.—The
1952 Division of Florida Condominiums, Timeshares, and Mobile Homes
1953 of the Department of Business and Professional Regulation may
1954 employ full-time attorneys to act as arbitrators to conduct the
1955 arbitration hearings provided by this chapter. The division may
1956 also certify attorneys who are not employed by the division to
1957 act as arbitrators to conduct the arbitration hearings provided
1958 by this chapter. A person may not be employed by the department
1959 as a full-time arbitrator unless he or she is a member in good
1960 standing of The Florida Bar. A person may only be certified by
1961 the division to act as an arbitrator if he or she has been a
1962 member in good standing of The Florida Bar for at least 5 years
1963 and has mediated or arbitrated at least 10 disputes involving
1964 condominiums in this state during the 3 years immediately
1965 preceding the date of application, mediated or arbitrated at
1966 least 30 disputes in any subject area in this state during the 3
1967 years immediately preceding the date of application, or attained
1968 board certification in real estate law or condominium and
1969 planned development law from The Florida Bar. Arbitrator
1970 certification is valid for 1 year. An arbitrator who does not
1971 maintain the minimum qualifications for initial certification
1972 may not have his or her certification renewed. The department
1973 may not enter into a legal services contract for an arbitration
1974 hearing under this chapter with an attorney who is not a
1975 certified arbitrator unless a certified arbitrator is not

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1976 available within 50 miles of the dispute. The department shall
1977 adopt rules of procedure to govern such arbitration hearings
1978 including mediation incident thereto. The decision of an
1979 arbitrator is final; however, a decision is not deemed final
1980 agency action. Nothing in this provision shall be construed to
1981 foreclose parties from proceeding in a trial de novo unless the
1982 parties have agreed that the arbitration is binding. If judicial
1983 proceedings are initiated, the final decision of the arbitrator
1984 is admissible in evidence in the trial de novo.
1985 (a) Before the institution of court litigation, a party to
1986 a dispute, other than an election or recall dispute, shall
1987 either petition the division for nonbinding arbitration or
1988 initiate presuit mediation as provided in subsection (5). In an
1989 election or recall dispute that is arbitrated by the division,
1990 the arbitration decision is binding on the parties unless
1991 removed pursuant to subsection (7). For all other disputes,
1992 arbitration is binding on the parties if all parties in
1993 arbitration agree to be bound in a writing filed in arbitration.
1994 The petition must be accompanied by a filing fee in the amount
1995 of $50. Filing fees collected under this section must be used to
1996 defray the expenses of the alternative dispute resolution
1997 program.
1998 (6) DISPUTES INVOLVING ELECTION IRREGULARITIES OR RECALL
1999 OF A DIRECTOR.—Every arbitration petition received by the
2000 division and required to be filed under this section challenging

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2001 the legality of the election of any director of the board of
2002 administration or the recall of any director of the board of
2003 administration must be handled on an expedited basis in the
2004 manner provided by the division's rules for recall arbitration
2005 disputes. If a challenge to an election or recall dispute is
2006 filed in circuit court, the challenge must be brought in equity
2007 as a summary proceeding pursuant to s. 51.011. The party filing
2008 the action may request the court to issue a temporary injunction
2009 to stay an upcoming election while the action is pending. The
2010 court must set an immediate hearing when an action is filed
2011 pursuant to this subsection. The court may limit the time for
2012 taking testimony based on the circumstances of the matter and
2013 the proximity of the date on which a succeeding election is
2014 scheduled, if applicable. An action filed pursuant to this
2015 subsection must be tried without a jury. The prevailing party in
2016 an action filed pursuant to this subsection shall recover
2017 reasonable attorney fees and costs.
2018 (7) REMOVAL OF ELECTION AND RECALL ARBITRATION ACTIONS.—
2019 (a) A unit owner, a recall representative, or an
2020 association may remove a petition for arbitration for an
2021 election or a recall dispute within 10 days after service of
2022 such petition by filing a notice of removal and complaint in the
2023 circuit court for the county in which the association is
2024 located. The failure to timely file a notice of removal and
2025 complaint bars the parties from seeking a trial de novo or

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2026 otherwise filing an action in circuit court and the arbitration
2027 ruling by the division is final and binding on the parties.
2028 (b) A notice of removal and complaint, as well as a copy
2029 of all process, pleadings, and orders served in an action, must
2030 be signed pursuant to the Florida Rules of Civil Procedure. The
2031 party that does not seek the removal of the arbitration decision
2032 does not need to consent to the filing of a notice of removal
2033 and complaint. The party filing the notice of removal and
2034 complaint must simultaneously serve written notice to all
2035 parties and file a copy of such written notice with the
2036 division, which ceases any further action on the matter. The
2037 party filing the notice of removal and complaint must pay all
2038 applicable filing fees within 5 days after filing the notice of
2039 removal and complaint. An action or counterclaim filed after the
2040 filing of the notice of removal and complaint must be brought in
2041 equity as a summary proceeding pursuant to s. 51.011. The party
2042 filing the action may request the court to issue a temporary
2043 injunction to stay an upcoming election while the action is
2044 pending. The court must set an immediate hearing when an action
2045 is filed pursuant to this paragraph. The court may limit the
2046 time for taking testimony based on the circumstances of the
2047 matter and the proximity of the date on which a succeeding
2048 election is scheduled, if applicable. An action filed pursuant
2049 to this paragraph must be tried without a jury. Pursuant to
2050 subsection (8), reasonable attorney fees and costs may be

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2051 awarded in disputes brought under this subsection.
2052 (8) ATTORNEY FEES AND COSTS FOR DISPUTES INVOLVING A
2053 RECALL OF DIRECTORS.—If the division or a court of this state
2054 renders a judgment or decree against an association and in favor
2055 of the unit owner, the division, trial court, or, in the event
2056 of an appeal in which the unit owner prevails, the appellate
2057 court shall order the association to pay all costs incurred by
2058 the unit owner in the action and the unit owner's reasonable
2059 attorney fees. The division or court may award such costs and
2060 attorney fees in the judgment or decree rendered in the action
2061 or such costs and attorney fees may be included in a separate
2062 judgment or decree. Costs and attorney fees may not be recovered
2063 in any action involving the recall of directors except as
2064 provided in this subsection or if awarded as a sanction under s.
2065 57.105.
2066 Section 9. Subsection (6) of section 718.128, Florida
2067 Statutes, is renumbered as subsection (8), subsection (4) is
2068 amended, and new subsections (6) and (7) are added to that
2069 section, to read:
2070 718.128 Electronic voting.—The association may conduct
2071 elections and other unit owner votes through an Internet-based
2072 online voting system if a unit owner consents, electronically or
2073 in writing, to online voting and if the following requirements
2074 are met:
2075 (4) This section applies to an association that provides

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2076 for and authorizes an online voting system pursuant to this
2077 section by a board resolution. If the board authorizes online
2078 voting, the board must honor a unit owner's request to vote
2079 electronically at all subsequent elections, unless such unit
2080 owner opts out of online voting. The board resolution must
2081 provide that unit owners receive notice of the opportunity to
2082 vote through an online voting system, must establish reasonable
2083 procedures and deadlines for unit owners to consent,
2084 electronically or in writing, to online voting, and must
2085 establish reasonable procedures and deadlines for unit owners to
2086 opt out of online voting after giving consent. Written notice of
2087 a meeting at which the resolution will be considered must be
2088 mailed, delivered, or electronically transmitted to the unit
2089 owners and posted conspicuously on the condominium property or
2090 association property at least 14 days before the meeting.
2091 Evidence of compliance with the 14-day notice requirement must
2092 be made by an affidavit executed by the person providing the
2093 notice and filed with the official records of the association.
2094 (6) If at least 25 percent of the voting interests of a
2095 condominium petition the board to adopt a resolution for
2096 electronic voting for the next scheduled election, the board
2097 must hold a meeting within 21 days after receipt of the petition
2098 to adopt such resolution. The board must receive the petition
2099 within 180 days after the date of the last scheduled annual
2100 meeting.

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2101 (7)(a) Unless the association has adopted electronic
2102 voting in accordance with subsections (1)-(6), the association
2103 must designate an e-mail address for receipt of electronically
2104 transmitted ballots. Electronically transmitted ballots must
2105 meet all the requirements of this subsection.
2106 (b) A unit owner may electronically transmit a ballot to
2107 the e-mail address designated by the association without
2108 complying with s. 718.112(2)(d)2. or the rules providing for the
2109 secrecy of ballots adopted by the division. The association must
2110 count completed ballots that are electronically transmitted to
2111 the designated e-mail address, provided the completed ballot
2112 complies with the requirements of this subsection.
2113 (c) A ballot that is electronically transmitted to the
2114 association must include all of the following:
2115 1. A space for the unit owner to type in his or her unit
2116 number.
2117 2. A space for the unit owner to type in his or her first
2118 and last name, which also functions as the signature of the unit
2119 owner for purposes of signing the ballot.
2120 3. The following statement in capitalized letters and in a
2121 font size larger than any other font size used in the e-mail
2122 from the association to the unit owner:
2123
2124 WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU DO
2125 NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO

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2126 VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT THROUGH E-MAIL
2127 TO THE ASSOCIATION, YOU WAIVE YOUR SECRECY OF YOUR
2128 COMPLETED BALLOT. IF YOU DO NOT WISH TO WAIVE YOUR SECRECY
2129 BUT WISH TO PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF
2130 THIS BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING
2131 WHICH THE MATTER WILL BE VOTED ON.
2132
2133 (d) A unit owner must transmit his or her completed ballot
2134 to the e-mail address designated by the association no later
2135 than the scheduled date and time of the meeting during which the
2136 matter is being voted on.
2137 (e) There is a rebuttable presumption that an association
2138 has reviewed all folders associated with the e-mail address
2139 designated by the association to receive ballots if a board
2140 member, an officer, or an agent of the association, or a manager
2141 licensed under part VIII of chapter 468, provides a sworn
2142 affidavit attesting to such review.
2143 Section 10. Subsection (7) of section 718.203, Florida
2144 Statutes, is amended to read:
2145 718.203 Warranties.—
2146 (7) Residential Condominiums may be covered by an insured
2147 warranty program underwritten by a licensed insurance company
2148 registered in this state, provided that such warranty program
2149 meets the minimum requirements of this chapter; to the degree
2150 that such warranty program does not meet the minimum

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2151 requirements of this chapter, such requirements shall apply.
2152 Section 11. Subsection (1) of section 718.301, Florida
2153 Statutes, is amended to read:
2154 718.301 Transfer of association control; claims of defect
2155 by association.—
2156 (1) If unit owners other than the developer own 15 percent
2157 or more of the units in a condominium that will be operated
2158 ultimately by an association, the unit owners other than the
2159 developer are entitled to elect at least one-third of the
2160 members of the board of administration of the association. Unit
2161 owners other than the developer are entitled to elect at least a
2162 majority of the members of the board of administration of an
2163 association, upon the first to occur of any of the following
2164 events:
2165 (a) Three years after 50 percent of the units that will be
2166 operated ultimately by the association have been conveyed to
2167 purchasers;
2168 (b) Three months after 90 percent of the units that will
2169 be operated ultimately by the association have been conveyed to
2170 purchasers;
2171 (c) When all the units that will be operated ultimately by
2172 the association have been completed, some of them have been
2173 conveyed to purchasers, and none of the others are being offered
2174 for sale by the developer in the ordinary course of business;
2175 (d) When some of the units have been conveyed to

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2176 purchasers and none of the others are being constructed or
2177 offered for sale by the developer in the ordinary course of
2178 business;
2179 (e) When the developer files a petition seeking protection
2180 in bankruptcy;
2181 (f) When a receiver for the developer is appointed by a
2182 circuit court and is not discharged within 30 days after such
2183 appointment, unless the court determines within 30 days after
2184 appointment of the receiver that transfer of control would be
2185 detrimental to the association or its members; or
2186 (g) Seven years after the date of the recording of the
2187 certificate of a surveyor and mapper pursuant to s.
2188 718.104(4)(e) or the recording of an instrument that transfers
2189 title to a unit in the condominium which is not accompanied by a
2190 recorded assignment of developer rights in favor of the grantee
2191 of such unit, whichever occurs first; or, in the case of an
2192 association that may ultimately operate more than one
2193 condominium, 7 years after the date of the recording of the
2194 certificate of a surveyor and mapper pursuant to s.
2195 718.104(4)(e) or the recording of an instrument that transfers
2196 title to a unit which is not accompanied by a recorded
2197 assignment of developer rights in favor of the grantee of such
2198 unit, whichever occurs first, for the first condominium it
2199 operates; or, in the case of an association operating a phase
2200 condominium created pursuant to s. 718.403, 7 years after the

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2201 date of the recording of the certificate of a surveyor and
2202 mapper pursuant to s. 718.104(4)(e) or the recording of an
2203 instrument that transfers title to a unit which is not
2204 accompanied by a recorded assignment of developer rights in
2205 favor of the grantee of such unit, whichever occurs first.
2206
2207 The developer is entitled to elect at least one member of the
2208 board of administration of an association as long as the
2209 developer holds for sale in the ordinary course of business at
2210 least 5 percent, in condominiums with fewer than 500 units, and
2211 2 percent, in condominiums with more than 500 units, of the
2212 units in a condominium operated by the association. After the
2213 developer relinquishes control of the association, the developer
2214 may exercise the right to vote any developer-owned units in the
2215 same manner as any other unit owner except for purposes of
2216 reacquiring control of the association or selecting the majority
2217 members of the board of administration. Beginning July 1, 2025,
2218 paragraphs (a), (c), (d), and (g) do not apply to nonresidential
2219 condominiums comprised of 10 or fewer units.
2220 Section 12. Paragraphs (a) and (b) of subsection (1) of
2221 section 718.302, Florida Statutes, are amended to read:
2222 718.302 Agreements entered into by the association.—
2223 (1) Any grant or reservation made by a declaration, lease,
2224 or other document, and any contract made by an association prior
2225 to assumption of control of the association by unit owners other

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2226 than the developer, that provides for operation, maintenance, or
2227 management of a condominium association or property serving the
2228 unit owners of a condominium shall be fair and reasonable, and
2229 such grant, reservation, or contract may be canceled by unit
2230 owners other than the developer:
2231 (a) If the association operates only one condominium and
2232 the unit owners other than the developer have assumed control of
2233 the association, or if unit owners other than the developer own
2234 at least not less than 75 percent of the voting interests in the
2235 condominium or 90 percent of the voting interests if the
2236 condominium is a nonresidential condominium consisting of 10 or
2237 fewer units, the cancellation must shall be by concurrence of
2238 the owners of at least not less than 75 percent of the voting
2239 interests other than the voting interests owned by the
2240 developer. If a grant, reservation, or contract is so canceled
2241 and the unit owners other than the developer have not assumed
2242 control of the association, the association must shall make a
2243 new contract or otherwise provide for maintenance, management,
2244 or operation in lieu of the canceled obligation, at the
2245 direction of the owners of not less than a majority of the
2246 voting interests in the condominium other than the voting
2247 interests owned by the developer.
2248 (b) If the association operates more than one condominium
2249 and the unit owners other than the developer have not assumed
2250 control of the association, and if unit owners other than the

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2251 developer own at least 75 percent of the voting interests in the
2252 condominiums a condominium operated by the association or,
2253 beginning July 1, 2025, 90 percent of the voting interests if
2254 the condominium is a nonresidential condominium consisting of 10
2255 or fewer units, any grant, reservation, or contract for
2256 maintenance, management, or operation of buildings containing
2257 the units in that condominium or of improvements used only by
2258 unit owners of that condominium may be canceled by concurrence
2259 of the owners of at least 75 percent, or 90 percent if the
2260 condominium is a nonresidential condominium consisting of 10 or
2261 fewer units, of the voting interests in the condominium other
2262 than the voting interests owned by the developer. A No grant,
2263 reservation, or contract for maintenance, management, or
2264 operation of recreational areas or any other property serving
2265 more than one condominium, and operated by more than one
2266 association, may not be canceled except pursuant to paragraph
2267 (d).
2268 Section 13. Subsection (4) of section 718.407, Florida
2269 Statutes, is amended to read:
2270 718.407 Condominiums created within a portion of a
2271 building or within a multiple parcel building.—
2272 (4)(a) The association of a condominium subject to this
2273 section may inspect and copy the books and records upon which
2274 the costs for maintaining and operating the shared facilities
2275 are based, and must to receive an annual budget with respect to

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2276 such costs.
2277 (b) Within 60 days after the end of each fiscal year, a
2278 complete financial report of all costs for maintaining and
2279 operating the shared facilities must be provided to the
2280 association. Such report must include copies of all receipts and
2281 invoices.
2282 (c) Within 60 days after receipt of the financial report,
2283 the association may challenge any apportionment of costs for the
2284 maintenance and operation of the shared facilities. A challenge
2285 under this paragraph is governed by s. 720.311.
2286 Section 14. Paragraph (d) of subsection (1) and paragraphs
2287 (d) and (e) of subsection (2) of section 718.503, Florida
2288 Statutes, are amended to read:
2289 718.503 Developer disclosure prior to sale; nondeveloper
2290 unit owner disclosure prior to sale; voidability.—
2291 (1) DEVELOPER DISCLOSURE.—
2292 (d) Milestone inspection, turnover inspection report, or
2293 structural integrity reserve study.—If the association is
2294 required to have completed a milestone inspection as described
2295 in s. 553.899, a turnover inspection report for a turnover
2296 inspection performed on or after July 1, 2023, or a structural
2297 integrity reserve study, and the association has not completed
2298 the milestone inspection, the turnover inspection report, or the
2299 structural integrity reserve study, each contract entered into
2300 after December 31, 2024, for the sale of a residential unit

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2301 shall contain in conspicuous type a statement indicating that
2302 the association is required to have a milestone inspection, a
2303 turnover inspection report, or a structural integrity reserve
2304 study and has not completed such inspection, report, or study,
2305 as appropriate. If the association is not required to have a
2306 milestone inspection as described in s. 553.899 or a structural
2307 integrity reserve study, each contract entered into after
2308 December 31, 2024, for the sale of a residential unit shall
2309 contain in conspicuous type a statement indicating that the
2310 association is not required to have a milestone inspection or a
2311 structural integrity reserve study, as appropriate. If the
2312 association has completed a milestone inspection as described in
2313 s. 553.899, a turnover inspection report for a turnover
2314 inspection performed on or after July 1, 2023, or a structural
2315 integrity reserve study, each contract entered into after
2316 December 31, 2024, for the sale of a residential unit shall
2317 contain in conspicuous type:
2318 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2319 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
2320 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2321 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2322 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2323 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2324 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2325 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND

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2326 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
2327 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
2328 EXECUTION OF THIS CONTRACT; or and
2329 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2330 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2331 CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2332 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2333 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
2334 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2335 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2336 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2337 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2338 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2339 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2340 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2341 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2342 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
2343 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2344 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2345 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2346 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2347 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2348 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
2349 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 718.103
2350 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN

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2351 WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
2352 CLOSING.
2353
2354 A contract that does not conform to the requirements of this
2355 paragraph is voidable at the option of the purchaser prior to
2356 closing.
2357 (2) NONDEVELOPER DISCLOSURE.—
2358 (d) Each contract entered into after July 1, 1992, for the
2359 resale of a residential unit shall contain in conspicuous type
2360 either:
2361 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2362 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION
2363 OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION,
2364 BYLAWS AND RULES OF THE ASSOCIATION, A COPY OF THE MOST RECENT
2365 ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY
2366 ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3 DAYS, EXCLUDING
2367 SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF
2368 THIS CONTRACT; or
2369 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2370 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2371 CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2372 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2373 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION
2374 OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF
2375 THE ASSOCIATION, A COPY OF THE MOST RECENT ANNUAL FINANCIAL

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2376 STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY ASKED QUESTIONS AND
2377 ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED
2378 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2379 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3
2380 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2381 THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,
2382 BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST
2383 RECENT ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET YEAR-END
2384 FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS
2385 DOCUMENT IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS
2386 AGREEMENT SHALL TERMINATE AT CLOSING.
2387
2388 A contract that does not conform to the requirements of this
2389 paragraph is voidable at the option of the purchaser before
2390 prior to closing.
2391 (e) If the association is required to have completed a
2392 milestone inspection as described in s. 553.899, a turnover
2393 inspection report for a turnover inspection performed on or
2394 after July 1, 2023, or a structural integrity reserve study, and
2395 the association has not completed the milestone inspection, the
2396 turnover inspection report, or the structural integrity reserve
2397 study, each contract entered into after December 31, 2024, for
2398 the sale of a residential unit shall contain in conspicuous type
2399 a statement indicating that the association is required to have
2400 a milestone inspection, a turnover inspection report, or a

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2401 structural integrity reserve study and has not completed such
2402 inspection, report, or study, as appropriate. If the association
2403 is not required to have a milestone inspection as described in
2404 s. 553.899 or a structural integrity reserve study, each
2405 contract entered into after December 31, 2024, for the sale of a
2406 residential unit shall contain in conspicuous type a statement
2407 indicating that the association is not required to have a
2408 milestone inspection or a structural integrity reserve study, as
2409 appropriate. If the association has completed a milestone
2410 inspection as described in s. 553.899, a turnover inspection
2411 report for a turnover inspection performed on or after July 1,
2412 2023, or a structural integrity reserve study, each contract
2413 entered into after December 31, 2024, for the resale of a
2414 residential unit shall contain in conspicuous type:
2415 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2416 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
2417 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2418 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2419 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2420 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2421 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2422 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2423 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 3
2424 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
2425 EXECUTION OF THIS CONTRACT; or and

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2426 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2427 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2428 CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2429 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2430 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
2431 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2432 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2433 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2434 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2435 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2436 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2437 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2438 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2439 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3
2440 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2441 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2442 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2443 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2444 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2445 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
2446 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 718.103
2447 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
2448 WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
2449 CLOSING.
2450

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2451 A contract that does not conform to the requirements of this
2452 paragraph is voidable at the option of the purchaser before
2453 prior to closing.
2454 Section 15. Section 31 of chapter 2024-244, 2024 Laws of
2455 Florida, is amended to read:
2456 Section 31. The amendments made to ss. 718.103(14) and
2457 718.202(3) and s. 718.407(1), (2), and (6), Florida Statutes, as
2458 created by this act, are intended to clarify existing law and
2459 shall apply retroactively. However, such amendments do not
2460 revive or reinstate any right or interest in a matter pending
2461 adjudication that has been fully and finally adjudicated as
2462 invalid before October 1, 2024.
2463 Section 16. This act shall take effect July 1, 2025.

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HB 913 by Rep. Lopez, V.
Relating to Condominium Associations

AMENDMENT SUMMARY
March 11, 2025

Amendment 1 by Rep. Lopez, V. (Line 635): The amendment requires an association to post on
its website the adopted minutes of all meetings of the association for the preceding 7 years. This
change will not go into effect until January 1, 2026.

Amendment 2 by Rep. Lopez, V. (Line 1285): The amendment allows a board to pause
contributions to its reserves, without obtaining the prior approval of a majority of its members, if a
local building official determines that a condominium building is uninhabitable.

Amendment 3 by Rep. Lopez, V. (Line 2460): The amendment clarifies that certain amendments
that were made to Florida’s Condominium Act in 2024 do not retroactively apply to any right or
interest in a matter pending adjudication before October 1, 2024.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 913 (2025)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment (with title amendment)
6 Between lines 813 and 814, insert:
7 Section 4. Effective January 1, 2026, paragraph (g) of
8 subsection (12) of section 718.111, Florida Statutes, as amended
9 by section 8 of 2024-244, Laws of Florida, is amended to read:
10 (12) OFFIICAL RECORDS.—
11 (g)1. An association managing a condominium with 25 or
12 more units which does not contain timeshare units shall post
13 digital copies of the documents specified in subparagraph 2. on
14 its website or make such documents available through an
15 application that can be downloaded on a mobile device.
16 a. The association's website or application must be:
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Amendment No. 1

17 (I) An independent website, application, or web portal
18 wholly owned and operated by the association; or
19 (II) A website, application, or web portal operated by a
20 third-party provider with whom the association owns, leases,
21 rents, or otherwise obtains the right to operate a web page,
22 subpage, web portal, collection of subpages or web portals, or
23 an application which is dedicated to the association's
24 activities and on which required notices, records, and documents
25 may be posted or made available by the association.
26 b. The association's website or application must be
27 accessible through the Internet and must contain a subpage, web
28 portal, or other protected electronic location that is
29 inaccessible to the general public and accessible only to unit
30 owners and employees of the association.
31 c. Upon a unit owner's written request, the association
32 must provide the unit owner with a username and password and
33 access to the protected sections of the association's website or
34 application which contain any notices, records, or documents
35 that must be electronically provided.
36 2. A current copy of the following documents must be
37 posted in digital format on the association's website or
38 application:
39 a. The recorded declaration of condominium of each
40 condominium operated by the association and each amendment to
41 each declaration.
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Amendment No. 1

42 b. The recorded bylaws of the association and each
43 amendment to the bylaws.
44 c. The articles of incorporation of the association, or
45 other documents creating the association, and each amendment to
46 the articles of incorporation or other documents. The copy
47 posted pursuant to this sub-subparagraph must be a copy of the
48 articles of incorporation filed with the Department of State.
49 d. The rules of the association.
50 e. The adopted minutes of all meetings of the association,
51 the board of administration, and the unit owners over the
52 preceding 7 years.
53 f.e. A list of all executory contracts or documents to
54 which the association is a party or under which the association
55 or the unit owners have an obligation or responsibility and,
56 after bidding for the related materials, equipment, or services
57 has closed, a list of bids received by the association within
58 the past year. Summaries of bids for materials, equipment, or
59 services which exceed $500 must be maintained on the website or
60 application for 1 year. In lieu of summaries, complete copies of
61 the bids may be posted.
62 g.f. The annual budget required by s. 718.112(2)(f) and
63 any proposed budget to be considered at the annual meeting.
64 h.g. The financial report required by subsection (13) and
65 any monthly income or expense statement to be considered at a
66 meeting.
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Amendment No. 1

67 i.h. The certification of each director required by s.
68 718.112(2)(d)4.b.
69 j.i. All contracts or transactions between the association
70 and any director, officer, corporation, firm, or association
71 that is not an affiliated condominium association or any other
72 entity in which an association director is also a director or
73 officer and financially interested.
74 k.j. Any contract or document regarding a conflict of
75 interest or possible conflict of interest as provided in ss.
76 468.4335, 468.436(2)(b)6., and 718.3027(3).
77 l.k. The notice of any unit owner meeting and the agenda
78 for the meeting, as required by s. 718.112(2)(d)3., no later
79 than 14 days before the meeting. The notice must be posted in
80 plain view on the front page of the website or application, or
81 on a separate subpage of the website or application labeled
82 "Notices" which is conspicuously visible and linked from the
83 front page. The association must also post on its website or
84 application any document to be considered and voted on by the
85 owners during the meeting or any document listed on the agenda
86 at least 7 days before the meeting at which the document or the
87 information within the document will be considered.
88 m.l. Notice of any board meeting, the agenda, and any
89 other document required for the meeting as required by s.
90 718.112(2)(c), which must be posted no later than the date
91 required for notice under s. 718.112(2)(c).
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 913 (2025)
Amendment No. 1

92 n.m. The inspection reports described in ss. 553.899 and
93 718.301(4)(p) and any other inspection report relating to a
94 structural or life safety inspection of condominium property.
95 o.n. The association's most recent structural integrity
96 reserve study, if applicable.
97 p.o. Copies of all building permits issued for ongoing or
98 planned construction.
99 3. The association shall ensure that the information and
100 records described in paragraph (c), which are not allowed to be
101 accessible to unit owners, are not posted on the association's
102 website or application. If protected information or information
103 restricted from being accessible to unit owners is included in
104 documents that are required to be posted on the association's
105 website or application, the association shall ensure the
106 information is redacted before posting the documents.
107 Notwithstanding the foregoing, the association or its agent is
108 not liable for disclosing information that is protected or
109 restricted under this paragraph unless such disclosure was made
110 with a knowing or intentional disregard of the protected or
111 restricted nature of such information.
112 4. The failure of the association to post information
113 required under subparagraph 2. is not in and of itself
114 sufficient to invalidate any action or decision of the
115 association's board or its committees.
116
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 913 (2025)
Amendment No. 1

117 -----------------------------------------------------
118 T I T L E A M E N D M E N T
119 Remove line 26 and insert:
120 membership; providing applicability; requiring an
121 association to post adopted minutes of meetings for the
122 preceding 7 years on the association’s website or
123 application; amending s.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 913 (2025)
Amendment No. 2

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment
6 Remove lines 1285-1286 and insert:
7 emergency, as defined in s. 252.34, the board, upon the approval
8 of a majority of its members, may pause the contribution to its

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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 913 (2025)
Amendment No. 3

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Lopez, V. offered the following:
4
5 Amendment
6 Remove lines 2460-2461 and insert:
7 revive, or reinstate, or retroactively apply to any right or
8 interest of condominium unit owners or associations in a matter
9 pending adjudication that has been fully and finally adjudicated
10 as

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Page 1 of 1
HB 1015
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1015 COMPANION BILL: SB 984 (Gruters)
TITLE: Real Property and Condominium Flood LINKED BILLS: None
Disclosures RELATED BILLS: None
SPONSOR(S): Hunschofsky
Committee References
Housing, Agriculture & Tourism Civil Justice & Claims Commerce
 

SUMMARY
Effect of the Bill:
The bill requires landlords of residential properties to provide prospective tenants with a flood disclosure prior to
or when a rental agreement is executed. If a landlord fails to disclose flood information truthfully, the tenant may
terminate the rental agreement within a certain timeframe, and the landlord must refund the tenant all amounts
paid in advance by the tenant. However, a tenant’s liability for sums owed to the landlord prior to the date the
rental was terminated by the tenant is not affected by such termination.

The bill revises the type of flood information that must be disclosed to prospective purchasers of residential real
property to include whether the seller is aware of damage to the property caused by flooding during the seller’s
ownership of the property.

The bill revises the information that a developer must disclose to prospective purchasers of a residential
condominium unit to include a statement that the homeowners’ insurance policy does not cover damage for
flooding, and whether the developer is aware of damage to the property caused by flooding, has filed a claim for
flood damage, or has received assistance for flood damage.

Fiscal or Economic Impact:
The bill has an indeterminate impact on the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Disclosure of Flood Risks to Prospective Tenants
The bill amends the Florida Residential Landlord and Tenant Act. 1 Under the bill, a landlord is required to complete
and provide a flood disclosure to a prospective tenant of residential real property at or before the execution of a
rental agreement for a term of 1 year or longer. The bill specifies that the flood disclosure must be in a separate
document and must be made in substantially the following form:

FLOOD DISCLOSURE
Flood Insurance: Renters' insurance policies do not include coverage for damage
resulting from floods. Tenant is encouraged to discuss the need to purchase separate
flood insurance coverage with Tenant's insurance agent.
1. Landlord is [___] is not [___] aware of damage to the property caused by
flooding during the Landlord's ownership of the property.

1 Pt. II, ch. 83, F.S.

STORAGE NAME: h1015.HAT
DATE: 3/9/2025
1
2. Landlord has [___] has not [___] filed a claim with an insurance provider
relating to flood damage on the property, including, but not limited to, a
claim with the National Flood Insurance Program.
3. Landlord has [___] has not [___] received assistance for flood damage to the
property, including, but not limited to, assistance from the Federal
Emergency Management Agency.
4. For the purposes of this disclosure, the term "flooding" means a general
or temporary condition of partial or complete inundation of the property
caused by any of the following:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation of runoff or surface waters
from any established water source, such as a river, stream, or
drainage ditch.
c. Sustained periods of standing water resulting from rainfall.
(Section 1.)

The bill provides that if a landlord violates the foregoing requirements and the tenant suffers a substantial loss or
damage to the tenant’s personal property as a result of flooding, the tenant may terminate the rental agreement.
The bill defines “substantial loss or damage” as the total cost of repairs to or replacement of the tenant’s personal
property is 50 percent or more of that property’s market value on the date the flooding occurred. (Section 1.)

If the tenant chooses to terminate the rental agreement, the tenant must give written notice of termination to the
landlord no later than 30 days after the date of the damage or loss. Under the bill, a tenant’s termination of a rental
agreement is effective when the tenant vacates the property. (Section 1.)

If a tenant terminates a rental agreement as provided by the bill, the landlord must refund the tenant all rent or
other amounts paid in advance under the rental agreement for any period after the effective date of the
termination of the rental agreement. However, a tenant’s termination does not affect a tenant’s liability for
delinquent, unpaid rent or other sums owed to the landlord before the date the rental agreement was terminated
by the tenant. (Section 1.)

Disclosures of Flood Risks to Prospective Purchasers of Residential Real Property
The bill revises the flood disclosures that must be made by a seller to a prospective purchaser of residential real
property to include a disclosure of whether the seller is aware of damage to the property caused by flooding during
the seller’s ownership of the property. (Section 2.)

Disclosures of Flood Risks to Prospective Purchasers of Residential Condominium Units
The bill revises the disclosures that must be made by a developer to a prospective purchaser or lessor of a
residential condominium unit. Under the bill, a contract for the sale or lease of a residential condominium unit for
an unexpired term of more than 5 years must contain the following statement in conspicuous type:

HOMEOWNERS' INSURANCE POLICIES DO NOT INCLUDE COVERAGE FOR DAMAGE
RESULTING FROM FLOODING. BUYER IS ENCOURAGED TO DISCUSS THE NEED TO
PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH BUYER'S INSURANCE
AGENT.

DEVELOPER IS [___] IS NOT [___] AWARE OF DAMAGE TO THE PROPERTY CAUSED
BY FLOODING DURING THE DEVELOPER'S OWNERSHIP OF THE PROPERTY.

DEVELOPER HAS [___] HAS NOT [___] FILED A CLAIM WITH AN INSURANCE
PROVIDER RELATING TO FLOOD DAMAGE ON THE PROPERTY OR COMMON
ELEMENTS, INCLUDING, BUT NOT LIMITED TO, A CLAIM WITH THE NATIONAL
FLOOD INSURANCE PROGRAM.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
DEVELOPER HAS [___] HAS NOT [___] RECEIVED ASSISTANCE FOR FLOOD DAMAGE
TO THE PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT LIMITED TO,
ASSISTANCE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY.

FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM "FLOODING" MEANS A
GENERAL OR TEMPORARY CONDITION OF PARTIAL OR COMPLETE INUNDATION
OF THE PROPERTY OR COMMON ELEMENTS CAUSED BY THE OVERFLOW OF
INLAND OR TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER SOURCE, SUCH AS
A RIVER, STREAM, OR DRAINAGE DITCH; OR SUSTAINED PERIODS OF STANDING
WATER RESULTING FROM RAINFALL. (Section 3.)

The bill has an effective date of October 1, 2025. (Section 4.)

FISCAL OR ECONOMIC IMPACT:

PRIVATE SECTOR:
The bill has an indeterminate positive impact on the private sector, as prospective tenants and purchasers of
residential real property or residential condominium units, respectively, will be better informed about the
condition of the property prior to or when executing a lease agreement or sales contract. This will allow tenants
and purchasers to avoid damages to their personal property that might otherwise occur due to an undisclosed
flood risk of the property or unit.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida’s Residential Landlord and Tenant Act
The Florida Residential Landlord and Tenant Act 2 (Act) governs the rental of dwelling units and the relationship
between landlords 3 and tenants 4 in Florida. 5 Significant provisions in the Act include those relating to
unconscionable rental agreements, 6 the duration of the rental agreement and the duration of the tenancy, 7
prohibited provisions in rental agreements, 8 maintenance obligations of landlords and tenants, 9 a landlord’s access
to a dwelling unit, 10 terminations of tenancies and rental agreements, 11 and actions for damages. 12

2 The Florida Residential Landlord and Tenant Act (Act) is codified in part II of ch. 83, F.S. Nonresidential tenancies and all

tenancies not otherwise governed by the Act are governed by pt. I of ch. 83, F.S. See s. 83.001, F.S.
3 “Landlord” means the owner or lessor of a dwelling unit. S. 83.43(9), F.S.
4 “Tenant” means any person entitled to occupy a dwelling unit under a rental agreement. S. 83.43(17), F.S.
5 S. 83.41, F.S.
6 See s. 83.45, F.S.
7 See s. 83.46, F.S.
8 See s. 83.47, F.S.
9 Landlords have an obligation to maintain the premises, whereas tenants have an obligation to maintain the dwelling unit. See

ss. 83.51, F.S. and 83.52, F.S.
10 See s. 83.53, F.S.
11 For terminations of rental agreements, see s. 83.56, F.S. For terminations of tenancies without a specific term, see s. 83.57,

F.S. For termination of tenancies with a specific duration, see s. 83.575, F.S.
12 See s. 83.55, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Other than an obligation of good faith 13 and a requirement for the landlord to disclose their name and address, 14
the Act does not currently require the landlord to disclose any specific information regarding the property or
dwelling unit prior to or when executing a rental agreement.

Flood Risk and Flood Insurance
Florida receives an average of 59.21 inches of rain each year, and Florida’s flat terrain makes it more susceptible to
flooding. 15 As a result, one-third of properties in Florida are at risk of severe flooding in the next thirty years. 16
Although 36 percent of homeowners believe that homeowner’s insurance covers flood-related damage, 17 most
homeowner’s insurance and hurricane insurance policies do not cover flood-related damage. 18 In addition, renter’s
insurance generally does not cover flood damage. 19

Disclosures of Flood Risks to Prospective Purchasers of Residential Real Property
Currently, Florida law requires that a seller must complete and provide a flood disclosure to a purchaser of
residential real property at or before the time the sales contract is executed. 20 The flood disclosure must be made
in the following form:

FLOOD DISCLOSURE
Flood Insurance: Homeowners' insurance policies do not include coverage for
damage resulting from floods. Buyer is encouraged to discuss the need to purchase
separate flood insurance coverage with Buyer's insurance agent.
(1) Seller has [___] has not [___] filed a claim with an insurance provider relating to
flood damage on the property, including, but not limited to, a claim with the
National Flood Insurance Program.
(2) Seller has [___] has not [___] received federal assistance for flood damage to the
property, including, but not limited to, assistance from the Federal Emergency
Management Agency.
(3) For the purposes of this disclosure, the term "flooding" means a general or
temporary condition of partial or complete inundation of the property caused by
any of the following:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation of runoff or surface waters from any
established water source, such as a river, stream, or drainage ditch.
(c) Sustained periods of standing water resulting from rainfall. 21

13 Every rental agreement or duty under the Act imposes an obligation of good faith in its performance or enforcement. S.

83.44, F.S.
14 Under the Act, the landlord (or a person authorized to enter into a rental agreement on the landlord’s behalf) must disclose

in writing to the tenant, at or before the commencement of the tenancy, the name and address of the landlord or a person
authorized to receive notices and demands in the landlord’s behalf. S. 83.50, F.S.
15 Florida Flood Insurance, Flood History, www.floridafloodinsurance.org/flood-history/ (last visited Mar. 9, 2025).
16 Manuel Bojorquez, More than One-Third of Florida Properties Face Looming Flood Risk, but Some Residents Are Unaware, CBS

News (June 1, 2023), www.cbsnews.com/news/florida-insurance-flooding-properties/ (last visited Mar. 9, 2025).
17 Jason Metz, 72% of Homeowners Don’t Understand Essential Home Insurance Coverage, Forbes (Oct. 21, 2024),

www.forbes.com/advisor/homeowners-insurance/survey-homeowners-insurance-
knowlege/#:~:text=36%25%20of%20homeowners%20think%20that,damage%2C%20but%20it%20does%20not (last
visited Mar. 9, 2025).
18 Jason Metz, Does Homeowners Insurance Cover Water Damage from Rain or a Leak? Forbes (Oct. 27, 2023),

www.forbes.com/advisor/homeowners-insurance/water-damage/ (last visited Mar. 9, 2025).
19 Federal Emergency Management Agency, The National Flood Insurance Program: What Your Clients Need to Know (Jan.

2023), https://agents.floodsmart.gov/articles/national-flood-insurance-program-what-your-clients-need-know (last visited
Mar. 9, 2025).
20 S. 689.302, F.S.
21 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Other required disclosures under Florida law for a seller of residential real property include disclosures relating to
ad valorem taxes, 22 subsurface rights, 23 and known defects in sanitary sewer laterals. 24

Disclosures to Prospective Purchasers of Residential Condominium Units
Under current law, a contract for the sale or lease of a residential condominium unit by the developer for an
unexpired term of more than 5 years must contain certain disclosures. 25 The required disclosures for a developer
include, but are not limited to, the following:
• If the unit has been occupied by someone other than the buyer, the contract must contain a statement that
the unit has been occupied. 26
• If the contract is for the sale or transfer of a unit subject to a lease, the contract must include an
inconspicuous statement that the unit is subject to a lease or sublease and, as an exhibit to the contract, a
copy of the executed lease. 27
• If the contract is for the lease of a unit for a term of 5 years or more, the contract must include as an exhibit
a copy of the proposed lease. 28
• If the contract is for the sale or lease of a unit that is subject to a lien for rent payable under a lease of a
recreational facility or other commonly used facility, the contract must contain an inconspicuous statement
to that effect and that failure to pay rent may result in foreclosure of the lien. 29

RECENT LEGISLATION:

YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION

2024 CS/CS/HB 1049 Hunschofsky Bradley This bill created flood risk
disclosure requirements for a
seller of residential real
property. Effective October 1,
2024.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism Curtin Fletcher
Subcommittee
Civil Justice & Claims
Subcommittee
Commerce Committee

22 See s. 689.261, F.S.
23 See s. 689.29, F.S.
24 See s. 689.301, F.S. A sanitary sewer lateral is the privately owned pipeline connecting a property to the main sewer line.
25 See, generally, s. 718.503(1)(a), F.S.
26 S. 718.503(1)(a)3., F.S.
27 S. 718.503(1)(a)4., F.S.
28 S. 718.503(1)(a)5., F.S.
29 S. 718.503(1)(a)6., F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1015 2025

1 A bill to be entitled
2 An act relating to real property and condominium flood
3 disclosures; creating s. 83.512, F.S.; requiring a
4 landlord of residential real property to provide
5 specified information to a prospective tenant at or
6 before the time the rental agreement is executed;
7 specifying how such information must be disclosed;
8 defining the term "flooding"; providing that if a
9 landlord fails to disclose flood information
10 truthfully and a tenant suffers substantial loss or
11 damage, the tenant may terminate the rental agreement
12 by giving a written notice of termination to the
13 landlord within a specified timeframe; defining the
14 term "substantial loss"; requiring a landlord to
15 refund the tenant all amounts paid in advance for any
16 period after the effective date of the termination of
17 the rental agreement; providing that a tenant is still
18 liable for any sum owed to the landlord before the
19 termination of the rental agreement; amending s.
20 689.302, F.S.; revising the flood information that
21 must be disclosed to prospective purchasers of
22 residential real property; amending s. 718.503, F.S.;
23 requiring a developer of a residential condominium
24 unit to provide specified information to a prospective
25 purchaser at or before the time the sales contract is

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26 executed; specifying how such information must be
27 disclosed; defining the term "flooding"; providing an
28 effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Section 83.512, Florida Statutes, is created to
33 read:
34 83.512 Disclosure of flood risks to prospective tenant of
35 residential real property.—
36 (1) A landlord must complete and provide a flood
37 disclosure to a prospective tenant of residential real property
38 at or before the execution of a rental agreement for a term of 1
39 year or longer. The flood disclosure must be in a separate
40 document. The flood disclosure must be made in substantially the
41 following form:
42
43 FLOOD DISCLOSURE
44 Flood Insurance: Renters' insurance policies do not include
45 coverage for damage resulting from floods. Tenant is encouraged
46 to discuss the need to purchase separate flood insurance
47 coverage with Tenant's insurance agent.
48 1. Landlord is .... is not .... aware of damage to the
49 property caused by flooding during the Landlord's ownership of
50 the property.

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51 2. Landlord has .... has not .... filed a claim with an
52 insurance provider relating to flood damage on the property,
53 including, but not limited to, a claim with the National Flood
54 Insurance Program.
55 3. Landlord has .... has not .... received assistance for
56 flood damage to the property, including, but not limited to,
57 assistance from the Federal Emergency Management Agency.
58 4. For the purposes of this disclosure, the term
59 "flooding" means a general or temporary condition of partial or
60 complete inundation of the property caused by any of the
61 following:
62 a. The overflow of inland or tidal waters.
63 b. The unusual and rapid accumulation of runoff or surface
64 waters from any established water source, such as a river,
65 stream, or drainage ditch.
66 c. Sustained periods of standing water resulting from
67 rainfall.
68
69 (2) If a landlord violates this section and a tenant
70 suffers a substantial loss or damage to the tenant's personal
71 property as a result of flooding, the tenant may terminate the
72 rental agreement by giving a written notice of termination to
73 the landlord no later than 30 days after the date of the damage
74 or loss. Termination of a rental agreement under this section is
75 effective upon the tenant surrendering possession of the

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76 property. For the purpose of this section, the term "substantial
77 loss or damage" means the total cost of repairs to or
78 replacement of the personal property is 50 percent or more of
79 the personal property's market value on the date the flooding
80 occurred.
81 (3) A landlord shall refund the tenant all rent or other
82 amounts paid in advance under the rental agreement for any
83 period after the effective date of the termination of the rental
84 agreement.
85 (4) This section does not affect a tenant's liability for
86 delinquent, unpaid rent or other sums owed to the landlord
87 before the date the rental agreement was terminated by the
88 tenant under this section.
89 Section 2. Section 689.302, Florida Statutes, is amended
90 to read:
91 689.302 Disclosure of flood risks to prospective
92 purchaser.—A seller must complete and provide a flood disclosure
93 to a purchaser of residential real property at or before the
94 time the sales contract is executed. The flood disclosure must
95 be made in the following form:
96 FLOOD DISCLOSURE
97 Flood Insurance: Homeowners' insurance policies do not include
98 coverage for damage resulting from floods. Buyer is encouraged
99 to discuss the need to purchase separate flood insurance
100 coverage with Buyer's insurance agent.

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101 (1) Seller has ☐ has not ☐ filed a claim with an insurance
102 provider relating to flood damage on the property, including,
103 but not limited to, a claim with the National Flood Insurance
104 Program.
105 (2) Seller has ☐ has not ☐ received federal assistance for
106 flood damage to the property, including, but not limited to,
107 assistance from the Federal Emergency Management Agency.
108 (3) Seller is ☐ is not ☐ aware of damage to the property caused
109 by flooding during the Seller's ownership of the property.
110 (4)(3) For the purposes of this disclosure, the term "flooding"
111 means a general or temporary condition of partial or complete
112 inundation of the property caused by any of the following:
113 (a) The overflow of inland or tidal waters.
114 (b) The unusual and rapid accumulation of runoff or surface
115 waters from any established water source, such as a river,
116 stream, or drainage ditch.
117 (c) Sustained periods of standing water resulting from
118 rainfall.
119 Section 3. Paragraph (a) of subsection (1) of section
120 718.503, Florida Statutes, is amended to read:
121 718.503 Developer disclosure prior to sale; nondeveloper
122 unit owner disclosure prior to sale; voidability.—
123 (1) DEVELOPER DISCLOSURE.—
124 (a) Contents of contracts.—Any contract for the sale of a
125 residential unit or a lease thereof for an unexpired term of

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126 more than 5 years shall:
127 1. Contain the following legend in conspicuous type: THIS
128 AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF
129 THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF
130 EXECUTION OF THIS AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER
131 OF ALL OF THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY
132 THE DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES. THIS
133 AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE
134 OF THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE
135 OF RECEIPT FROM THE DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY
136 ALTERS OR MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO
137 THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS
138 SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR
139 A PERIOD OF NOT MORE THAN 15 DAYS AFTER THE BUYER HAS RECEIVED
140 ALL OF THE ITEMS REQUIRED. BUYER'S RIGHT TO VOID THIS AGREEMENT
141 SHALL TERMINATE AT CLOSING. FIGURES CONTAINED IN ANY BUDGET
142 DELIVERED TO THE BUYER PREPARED IN ACCORDANCE WITH THE
143 CONDOMINIUM ACT ARE ESTIMATES ONLY AND REPRESENT AN
144 APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
145 CIRCUMSTANCES EXISTING AT THE TIME OF THE PREPARATION OF THE
146 BUDGET BY THE DEVELOPER. ACTUAL COSTS OF SUCH ITEMS MAY EXCEED
147 THE ESTIMATED COSTS. SUCH CHANGES IN COST DO NOT CONSTITUTE
148 MATERIAL ADVERSE CHANGES IN THE OFFERING.
149 2. Contain the following caveat in conspicuous type on the
150 first page of the contract: ORAL REPRESENTATIONS CANNOT BE

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151 RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE
152 DEVELOPER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE
153 TO THIS CONTRACT AND THE DOCUMENTS REQUIRED BY SECTION 718.503,
154 FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR
155 LESSEE.
156 3. If the unit has been occupied by someone other than the
157 buyer, contain a statement that the unit has been occupied.
158 4. If the contract is for the sale or transfer of a unit
159 subject to a lease, include as an exhibit a copy of the executed
160 lease and shall contain within the text in conspicuous type: THE
161 UNIT IS SUBJECT TO A LEASE (OR SUBLEASE).
162 5. If the contract is for the lease of a unit for a term
163 of 5 years or more, include as an exhibit a copy of the proposed
164 lease.
165 6. If the contract is for the sale or lease of a unit that
166 is subject to a lien for rent payable under a lease of a
167 recreational facility or other commonly used facility, contain
168 within the text the following statement in conspicuous type:
169 THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS SUBJECT TO A
170 LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMONLY USED FACILITIES.
171 FAILURE TO PAY RENT MAY RESULT IN FORECLOSURE OF THE LIEN.
172 7. State the name and address of the escrow agent required
173 by s. 718.202 and state that the purchaser may obtain a receipt
174 for his or her deposit from the escrow agent upon request.
175 8. If the contract is for the sale or transfer of a unit

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hb1015-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1015 2025

176 in a condominium in which timeshare estates have been or may be
177 created, contain within the text in conspicuous type: UNITS IN
178 THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES. The contract
179 for the sale of a fee interest in a timeshare estate shall also
180 contain, in conspicuous type, the following: FOR THE PURPOSE OF
181 AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED BY TAXING
182 AUTHORITIES AGAINST A FEE INTEREST IN A TIMESHARE ESTATE, THE
183 MANAGING ENTITY IS GENERALLY CONSIDERED THE TAXPAYER UNDER
184 FLORIDA LAW. YOU HAVE THE RIGHT TO CHALLENGE AN ASSESSMENT BY A
185 TAXING AUTHORITY RELATING TO YOUR TIMESHARE ESTATE PURSUANT TO
186 THE PROVISIONS OF CHAPTER 194, FLORIDA STATUTES.
187 9. Contain within the text the following statement in
188 conspicuous type:
189
190 HOMEOWNERS' INSURANCE POLICIES DO NOT INCLUDE COVERAGE FOR
191 DAMAGE RESULTING FROM FLOODING. BUYER IS ENCOURAGED TO DISCUSS
192 THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH
193 BUYER'S INSURANCE AGENT.
194
195 DEVELOPER IS .... IS NOT .... AWARE OF DAMAGE TO THE PROPERTY
196 CAUSED BY FLOODING DURING THE DEVELOPER'S OWNERSHIP OF THE
197 PROPERTY.
198
199 DEVELOPER HAS .... HAS NOT .... FILED A CLAIM WITH AN INSURANCE
200 PROVIDER RELATING TO FLOOD DAMAGE ON THE PROPERTY OR COMMON

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 1015 2025

201 ELEMENTS, INCLUDING, BUT NOT LIMITED TO, A CLAIM WITH THE
202 NATIONAL FLOOD INSURANCE PROGRAM.
203
204 DEVELOPER HAS .... HAS NOT .... RECEIVED ASSISTANCE FOR FLOOD
205 DAMAGE TO THE PROPERTY OR COMMON ELEMENTS, INCLUDING, BUT NOT
206 LIMITED TO, ASSISTANCE FROM THE FEDERAL EMERGENCY MANAGEMENT
207 AGENCY.
208
209 FOR THE PURPOSES OF THIS DISCLOSURE, THE TERM "FLOODING" MEANS A
210 GENERAL OR TEMPORARY CONDITION OF PARTIAL OR COMPLETE INUNDATION
211 OF THE PROPERTY OR COMMON ELEMENTS CAUSED BY THE OVERFLOW OF
212 INLAND OR TIDAL WATERS; THE UNUSUAL AND RAPID ACCUMULATION OF
213 RUNOFF OR SURFACE WATERS FROM ANY ESTABLISHED WATER SOURCE, SUCH
214 AS A RIVER, STREAM, OR DRAINAGE DITCH; OR SUSTAINED PERIODS OF
215 STANDING WATER RESULTING FROM RAINFALL.
216 Section 4. This act shall take effect October 1, 2025.

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hb1015-00
HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE

HB 1015 by Rep. Hunschofsky
Relating to Real Property and Condominium Flood Disclosures

AMENDMENT SUMMARY
March 11, 2025

Amendment 1 by Rep. Hunschofsky (Line 49): The amendment clarifies that the disclosure
requirements for landlords apply to dwelling units.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1015 (2025)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Housing, Agriculture &
2 Tourism Subcommittee
3 Representative Hunschofsky offered the following:
4
5 Amendment
6 Remove lines 49-60 and insert:
7 dwelling unit caused by flooding during the landlord's ownership
8 of the property.
9 2. Landlord has .... has not .... filed a claim with an
10 insurance provider relating to flood damage to the dwelling
11 unit, including, but not limited to, a claim with the National
12 Flood Insurance Program.
13 3. Landlord has .... has not .... received assistance for
14 flood damage to the dwelling unit, including, but not limited
15 to, assistance from the Federal Emergency Management Agency.

756977 - h1015-line49.docx
Published On: 3/10/2025 9:35:58 AM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1015 (2025)
Amendment No. 1

16 4. For the purposes of this disclosure, the term
17 "flooding" means a general or temporary condition of partial or
18 complete inundation of the dwelling unit caused by any of the

756977 - h1015-line49.docx
Published On: 3/10/2025 9:35:58 AM
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