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Meeting Packet — Housing, Agriculture & Tourism Subcommittee, Florida House (April 10, 2025)

Summary

Meeting packet of the Housing, Agriculture & Tourism Subcommittee of the Florida House of Representatives Commerce Committee for Thursday, April 10, 2025, 2:00 PM to 5:00 PM. The agenda lists CS/HB 983 (Homeowners' Associations) and HB 1245 (Hunger-Free Campus Pilot Program). The bill analysis for CS/HB 983 states that the bill makes numerous changes to the Homeowners’ Association Act, including redefining assessments and modifying election and recall procedures. The packet closes with the text of HB 1245, which has OPPAGA submit a report on its findings by December 1, 2025, and provides in Section 4 an effective date of July 1, 2025.

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Cite this document

“Meeting Packet — Housing, Agriculture & Tourism Subcommittee, Florida House (April 10, 2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-04-10-3287-housing-agriculture-tourism-subcommittee-meeting-packe-2028582d17/, SHA-256 112833a4359d05a4e343b6ec32ddd5ebe9edd013a98ad0cb28e5f5fc8c06742b.

Full text

         Housing, Agriculture & Tourism
                Subcommittee
                Thursday, April 10, 2025
                  2:00 PM - 5:00 PM
                 Morris Hall (17 HOB)



                    Meeting Packet




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

                                          Thursday, April 10, 2025
                                            2:00 pm – 5:00 pm
                                           Morris Hall (17 HOB)

  I.   Call to Order

 II.   Roll Call

III.   Welcome and Opening Remarks

IV.    Consideration of the following bill(s):

       •   CS/HB 983 Homeowners' Associations by Civil Justice & Claims Subcommittee,
           Porras

       •   HB 1245 Hunger-Free Campus Pilot Program by Chambliss

 V.    Closing Remarks

VI.    Adjournment




                   214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
                                                   (850) 717-4870
CS/HB 983
                                     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 #: CS/HB 983                                                       COMPANION BILL: SB 1600 (Arrington)
TITLE: Homeowners' Associations                                         LINKED BILLS: None
SPONSOR(S): Porras                                                      RELATED BILLS: SB 368 (Garcia); CS/SB 1118 (McClain)
Committee References
      Civil Justice & Claims                        Housing, Agriculture & Tourism                                     Judiciary
          14 Y, 0 N, As CS                                                                     

SUMMARY
Effect of the Bill:
CS/HB 983 makes numerous changes to the Homeowners’ Association Act (“HOA Act”), codified in ch. 720, F.S.
Generally speaking, the changes redefine “assessments”; modify election and recall procedures; create new
financial reporting requirements for private recreational amenities owners; create additional mandatory
disclosures for prospective purchasers; and establish requirements pertaining to recreational covenants.

Fiscal or Economic Impact:
The bill may have a fiscal impact on the Department of Business and Professional Regulation, and may have an
economic impact on the private sector.


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ANALYSIS
EFFECT OF THE BILL:
The bill amends several provisions of the Homeowners’ Association Act (“HOA Act”), codified in ch. 720, F.S.
Whether or not such amendments apply to an existing homeowners’ association (“HOA”) depends on whether or
not the amendments are procedural, remedial, or substantive; where the amendments are substantive, they would
likely only apply to an existing HOA if the HOA’s governing documents incorporate the HOA Act using “Kaufman
language” – that is, whether or not the governing documents incorporate the HOA Act “as it may be amended from
time to time.”

Legislative Intent

The bill specifies that the HOA Act defines the property rights of individually owned and shared real property in a
manner that is intended to protect and preserve the private property rights of the individual parcel owners and the
public policy of preserving environmental protections and public safety. Further, the bill specifies that the HOA Act
creates standards for the preservation of property, including, but not limited to, the preservation of a property’s
taxable value, and that the HOA Act is intended to create transparency of property management and ownership
interest transferability. (Section 2)

Elections and Recalls

        Elections

The bill mandates that HOA elections be conducted in accordance with the HOA Act, rather than in accordance with
the procedures set forth in an HOA’s governing documents as under current law. The bill:
     Requires HOA elections to occur “on the date of the annual meeting.”
     Provides that no election is necessary unless there are more candidates filing notices of intent to run or
        who are nominated to run for a seat on the board than there are vacancies on the board, and specifies that,
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       if the number of board members whose terms expire at the annual meeting equals or exceeds the number
       of candidates, the candidates become board members effective upon the annual meeting’s adjournment.
      Eliminates a provision establishing requirements for voting by secret ballot even where the governing
       documents of a particular HOA authorize such a voting mechanism.
      Requires that board members be elected by written ballot or voting machine and prohibits the use of
       proxies for general board elections or elections to fill board vacancies.
      Requires an HOA to send a first notice of a board election to each parcel owner entitled to vote at least 60
       days before the scheduled election.
      Mandates that an HOA member intending to run for a seat on the board must first give written notice of
       such intention at least 40 days before the scheduled election.
      Requires an HOA to send, together with the written notice of the annual meeting and agenda, a second
       notice of the election to all parcel owners entitled to vote, which second notice must be accompanied by a
       ballot listing all candidates.
      Provides that, upon a board candidate’s request, an information sheet which a candidate timely furnishes
       to the HOA must be made available for the second notice, and the HOA must bear the costs of sending such
       information sheet; however, the bill provides that an HOA is not liable for the information sheet’s contents.
      Mandates that elections be decided by a plurality of ballots cast and specifies that there are no quorum
       requirements; however, under the bill, at least 20 percent of the eligible voters must cast a ballot in order
       to have a valid election.
      Prohibits a parcel owner from authorizing another parcel owner to cast his or her ballot in a board election,
       and deems any ballot improperly cast invalid.
      Authorizes a parcel owner who needs help in casting a ballot to seek such help as prescribed in law.
      Requires that a parcel owner desiring to run for a seat on the board be eligible to serve on the board at the
       time he or she transmits his or her notice of intent to be a candidate.
      Prohibits co-owners of a parcel from serving together as board members unless they own more than one
       parcel or there are not enough eligible candidates to fill board vacancies at the time of the vacancy.
      Narrows the monetary obligations that disqualify a parcel owner for a seat on the board by specifying that
       a person who is delinquent in the payment of any assessment due to the HOA is not eligible to run for the
       board, and by specifying that a person serving as a board member who becomes more than 90 days
       delinquent in the payment of any assessment due to the HOA is deemed to have abandoned his or her
       board seat, creating a vacancy. Under the bill, a parcel owner is delinquent if payment is not made by the
       due date as specifically identified in the governing documents, but if the governing documents do not
       specify a due date, the due date is the first day of the assessment period.
      Provides that, if the staggered term of a board member does not expire until a later annual meeting, or if all
       the members’ terms would otherwise expire but there are no eligible candidates, the terms of all board
       members must expire at the annual meeting, and such members may stand for reelection unless prohibited
       by the governing documents. (Section 4)

The bill also specifies Legislative findings with respect to HOAs – that is, that HOAs and their parcel owners will
benefit from board member election oversight – and authorizes the Office of the Condominium Ombudsman within
the Division of Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional
Regulation to appoint an election monitor to attend an HOA’s annual meeting of the members and conduct director
elections; the bill also requires the Ombudsman to appoint an election monitor upon receipt of ten percent of an
HOA’s total voting interests or eight members, whichever is greater. Under the bill, the HOA must bear all costs
associated with the election monitoring process, and the Division must adopt rules to establish procedures for
monitor appointment, including the scope and extent of the monitors’ role in the election process. (Section 2)

       Recalls

The bill changes the requirement that, after receipt of a recall agreement, the board hold a board meeting within
five “full business days” to require the meeting to occur within five “business days,” and increases the amount of
time a recalled board member has to turn over HOA records and property in his or her possession from five “full
business days” to ten business days. The bill also:
     Specifies that, though the law provides that a rescission or revocation of a recall agreement must meet
         specified requirements, this provision must be liberally construed to ensure a parcel owner is not
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        disenfranchised by an HOA in a recall and to prevent an HOA from failing to certify a recall agreement on a
        technical omission playing no part in the discharge of a parcel owner’s voting rights.
       Specifies when a recall agreement is facially valid and may be rejected by the board, including when:
            o Notice of the recall agreement was improperly served;
            o A person who was not a parcel’s record owner or designated voter executed the recall agreement;
            o The recall agreement was marked before a board member’s removal;
            o The recall agreement does not contain any marking indicating the selection by the parcel owner to
                either remove or retain a board member; or
            o The recall agreement does not contain the signature of the parcel owner or designated voter.
       Creates a rebuttable presumption that a parcel owner executing a recall agreement is the designated voter
        for the parcel which he or she owns and prohibits an HOA from enforcing a voting certificate requirement if
        the HOA has not enforced such a requirement in all matters in the year immediately preceding service of a
        recall agreement.
       Eliminates the option to recall and remove a board member by a vote taken at a meeting. (Section 3)

        Suspension of Voting Rights

The bill provides that a parcel owner’s voting rights may not be suspended when voting on the recall of a board
director, and any prior suspension of voting rights has no effect on a recall vote. (Section 3)

        Dispute Resolution

The bill provides that any civil action filed to resolve an election or recall dispute must be tried without a jury,
entitles the parties to such an action to an “immediate” hearing, and authorizes the courts to limit the time for
taking testimony after considering the circumstances of the matter and the proximity of any succeeding election.
The bill also entitles a prevailing parcel owner in an election or recall dispute to an award of his or her reasonable
attorney fees and costs, and specifies that, when so awarded, compensation or fees and costs of the attorney may
be included in the judgment or decree. Further, the bill provides that the party filing an election or recall action
may request the issuance of a temporary injunction to stay any upcoming election that may occur while the
challenge is pending. The bill then provides that, upon a mediator or a court rendering a judgment or decree
against an association and in favor of a parcel owner, the mediator or the court must award the parcel owner his or
her reasonable attorney fees and costs.

Finally, the bill makes several changes to the provisions exclusively governing recall effort dispute resolution.
Specifically, the bill:
     Modifies the events that must occur before a parcel owner representative may file an arbitration petition or
         a civil action challenging the board’s failure to act or determination that a recall is invalid and requires that,
         in such an arbitration or action, the HOA must be named as the respondent.
     Clarifies that the arbitration petition or civil action filed by a recalled board member may challenge the
         recall agreement’s facial validity or compliance with the procedural requirements for the recall and
         specifies that, if the arbitrator or the court determines that the recall was invalid, the arbitrator or the court
         must immediately reinstate the petitioning board member and deem the recall null and void.
     Changes the period during which the Division or a court may not accept for filing a recall petition or action
         after the election of the board members sought to be recalled from when 60 or fewer days have elapsed
         since the election to when 45 or fewer days have elapsed.
     Entitles a board member who prevails in a challenge to a recall effort to recover reasonable attorney fees
         and costs from the respondents, and allows but does not require an arbitrator or court to award reasonable
         attorney fees and costs to a prevailing respondent if the arbitrator or court makes a finding that the
         petitioner’s claim was frivolous.
     Specifies that attorney fees or costs relating to a recall action may be awarded only as provided in the HOA
         Act or as a sanction under s. 57.105, F.S., which generally allows a court to award attorney fees where a
         party to a dispute knew or should have known that a claim which he or she presented was not supported
         by material facts or where a party acted for the purposes of causing unreasonable delay. (Sections 3 and 6)

Assessments
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The bill limits the definition of an “assessment” to only those sums payable to the HOA. Thus, sums payable by the
parcel owners to the developer or other owner of common areas, or to recreational facilities or other properties
serving the parcels, would no longer be considered “assessments.” (Section 1)

Financial Reports

The bill maintains the requirement that, in a residential subdivision in which the owners of lots or parcels must
pay mandatory maintenance or other fees to the developer or to the owner of the common areas, facilities, and
other properties serving the lots or parcels, the developer or owner of such areas, facilities, or properties must
make public a specified financial report. However, the bill amends this section to exclude from its application
amounts paid to a private amenities owner; instead, the bill creates a new financial reporting requirement
applicable to such amounts. (Section 5)

Specifically, the bill requires that, in a residential subdivision in which a parcel owner must pay amenity dues owed
to a private amenities owner, the private amenities owner must make public, within 60 days after the fiscal year’s
end, a complete financial report of the actual, total receipts of amenity dues received by the owner and an itemized
list of the expenditures the owner made with respect to operational costs, expenses, or other amounts expended
with respect to the operation of the privately-owned recreational amenities for that fiscal year. Under the bill, the
private amenities owner must make the financial report available for inspection upon written request from a
parcel owner within the applicable subdivision, and such report must be made public to each parcel owner who is
subject to the payment of the amenity dues by publishing a notice of the report’s availability for inspection in a
publication regularly distributed within the subdivision or by posting a notice in a prominent location in the
subdivision, including in a prominent location within the privately-owned recreational amenities or other such
properties. However, the bill specifies that these provisions do not apply to:
      Assessments or other amounts paid to HOAs under ch. 617, 718, 719, 721, or 723, F.S.;
      Amounts paid to local governmental entities, including special districts. (Section 5)

Recreational Covenants

The bill creates Part IV of the HOA Act, consisting of ss. 720.408-720.413, F.S., to govern recreational covenants
existing on or after July 1, 2025, and to provide certain protections for parcel owners subject to such covenants.
(Sections 10 and 12) For the purposes of this Part, the bill defines:
      “Recreational covenant” to mean a recorded covenant, separate and distinct from a declaration of
         covenants, that sets forth the nature and requirements for membership, use, or purchase of privately-
         owned recreational amenities by parcel owners in one or more communities. Under the bill, a recreational
         covenant must:
              o Be recorded in the public records of the county in which the property encumbered thereby lies.
              o Contain information about the amenity dues that may be leveled against a parcel owner or other
                 persons to be members or allowed to use privately-owned recreational amenities.
              o Contain the remedies that the private amenities owner or other third party may have in connection
                 with nonpayment of amenity dues.
              o Require mandatory membership or mandatory payment of amenities dues by some or all of the
                 parcel owners in a community.
      “Amenity dues” to mean all amenity expenses and amenity fees, collectively, that are charged in
         accordance with a recreational covenant, and specifies that such dues are not HOA assessments.
      “Amenity expenses” to mean all costs, whether direct or indirect, of owning, operating, managing,
         maintaining, and insuring privately-owned recreational amenities that are made available to parcel
         owners under a recreational covenant, and specifies that such expenses are not HOA assessments.
      “Amenity fees” to mean any amounts, other than amenity expenses, that are levied against a parcel owner
         for membership or use of privately-owned recreational amenities in accordance with a recreational
         covenant, and specifies that such fees are not HOA assessments.
      “Private amenities owner” to mean the record title owner of privately-owned recreational amenities who
         is responsible for the operation and maintenance of the privately-owned recreational amenities and who

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          may levy amenity dues under a recreational covenant; however, the bill specifies that the term does not
          include not-for-profit corporations or local government entities, including special districts.
         “Privately-owned recreational amenities” to mean recreational facilities or amenities owned by a private
          amenities owner which are intended for recreational use or leisure activities by a parcel owner through
          mandatory membership or use rights established pursuant to a recreational covenant; however, the bill
          specifies that the term does not include common areas, any property or facilities owned by a not-for-profit
          corporation, or a local governmental entity, including a special district. (Section 11)

The bill then prohibits the consideration of recreational covenants relating to privately-owned recreational
amenities as governing documents of an HOA, even if such recreational covenants are attached as exhibits to a
particular community’s declaration of covenants; such a change is declared to be remedial in nature and intended
to clarify existing law. (Sections 1 and 13)

Under the bill, a recreational covenant recorded on or after July 1, 2025, that requires mandatory membership in a
club or imposes mandatory amenity dues on an HOA parcel owner must specify:
     The property or parcels subject to mandatory membership in a club or subject to mandatory amenity dues.
     The party responsible for owning, maintaining, and operating the amenities governed by the recreational
        covenant.
     The manner or process by which amenity dues are apportioned and collected from the encumbered parcels
        or parcel owners and the party responsible for collecting the amenity dues.
     The amount of the amenity fees or, alternatively, if no specific dollar amount is set forth in the recreational
        covenant, the manner in which such amenity fees are calculated and increased.
     The amount by which amenity fees may be increased, which may be calculated as a percentage, a fixed
        dollar amount, or the Consumer Price Index; however, a recreational covenant that does not specify the
        amount by which amenity expenses may be increased is considered to include a maximum annual increase
        of no more than 25 percent of the amenity expenses from the preceding fiscal year, but a private amenities
        owner may increase amenity expenses in excess of such amount if necessary due to a natural disaster; an
        act of God; increases in insurance costs, utility rates, supply costs, or labor rates; or any other
        circumstances outside of the private amenities owner’s reasonable control.
     The rights and remedies available to enforce amenity dues payment.
     The remedies available to a private amenities owner for the nonpayment of amenity dues, and whether
        amenity dues payment enforcement rights are subordinate to an HOA’s assessment collection rights.
     Whether the amenities are open to the public or may be used by other persons who are not parcel owners.
        (Section 13)

Further, under the bill, a recreational covenant recorded before July 1, 2025, that requires mandatory membership
in a club or imposes mandatory amenity dues on parcel owners remains valid and effective as long as such
covenant includes:
     The parcels within the community subject to mandatory membership or to mandatory amenity dues.
     The party responsible for owning, maintaining, and operating the amenities governed by the recreational
        covenant.
     The manner or process by which amenity dues are apportioned and collected from the encumbered parcels
        or parcel owners and the party responsible for amenity dues collection.
     The amount of the amenity fees or, alternatively, if no specific dollar amount is set forth in the recreational
        covenant, the manner in which such amenity fees are calculated and increased. (Section 13)

Where such a recreational covenant does not include the required information, the bill provides that the covenant
must be amended to include such information before July 1, 2026, to remain valid and effective. Further, where
such a recreational covenant does not specify the amount by which the amenity fees may be increased, such a
covenant is considered to include a maximum annual increase of no more than the annual increase for the current
year in the Consumer Price Index. (Section 13)

The bill also:
     States that, notwithstanding any provision to the contrary in a recreational covenant, an HOA does not
         have any obligation, duty, or responsibility to collect amenity dues or to remit amenity dues to a private
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          amenities owners; instead, the bill makes the private amenities owner, or its management company or
          agent, other than the HOA, solely responsible for collecting amenity dues.
         Prohibits amenity expenses from including any of the following:
              o The initial cost of construction of the privately-owned recreational amenities.
              o Any costs or fees associated with a loan acquired for the privately-owned recreational amenities’
                  construction or purchase.
              o The cost of the private amenities owner’s debt service.
         Provides that the termination of a recreational covenant or the right of a private amenities owner to
          suspend the use of the privately-owned recreational amenities may not prohibit a parcel owner or his or
          her tenant:
              o From having vehicular and pedestrian ingress to or egress from the property or parcels subject to
                  the recreational covenant;
              o From receiving utilities provided to the property or parcels subject to the recreational covenant by
                  virtue of utility facilities or utility easements located with the privately-owned recreational
                  amenities; or
              o From accessing any mail delivery facilities serving the property or parcels subject to the
                  recreational covenant which may be located within the privately-owned recreational amenities.
         Specifies that the Legislature intends to respect the intent of the parties to a real property transaction that
          occurred before July 1, 2025, and the parties’ reliance on the covenants, conditions, restrictions, or other
          interests created by those transactions, but states that nothing in newly-created s. 720.412, F.S., revises or
          reinstates any right or interest that has been fully and finally adjudicated as invalid before July 1, 2025.
          (Section 13)

Sale Disclosures

The bill expands the information to which a prospective purchaser of a property governed by an HOA is entitled.
Specifically, the bill provides that, if the disclosure summary; a current copy of the association’s bylaws, articles of
incorporation, declaration of restrictions, rules and regulations, notices pertaining to special assessments, and
most recent financial statements;1 and the agendas and minutes from all HOA board meetings that occurred within
the 12 months immediately preceding the contract’s execution are not given to such a prospective purchaser
before he or she executes the sales contract, the prospective purchaser may void the contract by delivering to the
seller or the seller’s agent or representative written notice canceling the contract within three days, excluding
Saturdays, Sundays, and legal holidays, after receipt of such documents or before closing, whichever occurs first.

The bill then expands a clause which each contract for the sale of property governed by an HOA must contain,
providing that such a clause must state:

         IF THE DISCLOSURE SUMMARY; A CURRENT COPY OF THE ASSOCIATION’S BYLAWS, ARTICLES OF
         INCORPORATION, DECLARATION OF RESTRICTIONS, RULES AND REGULATIONS, NOTICES
         PERTAINING TO SPECIAL ASSESSMENTS, AND MOST RECENT FINANCIAL STATEMENTS; AND THE
         AGENDAS AND MINUTES FROM ALL ASSOCIATION BOARD MEETINGS THAT TOOK PLACE IN THE
         12 MONTHS IMMEDIATELY PRECEDING THE EXECUTION OF THIS CONTRACT, AS REQUIRED BY
         SECTION 720.401, FLORIDA STATUTES, HAVE NOT BEEN PROVIDED TO THE PROSPECTIVE
         PURCHASER BEFORE EXECUTING THE CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY
         THE PROSPECTIVE PURCHASER BY DELIVERING TO THE SELLER OR THE SELLER’S AGENT OR
         REPRESENTATIVE WRITTEN NOTICE OF THE PROSPECTIVE PURCHASER’S INTENTION TO
         CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
         RECEIPT OF SUCH DOCUMENTS OR BEFORE CLOSING, WHICHEVER OCCURS FIRST. ANY
         PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. THE PROSPECTIVE
         PURCHASER’S RIGHT TO VOID THIS CONTRACT TERMINATES AT CLOSING.


1 The bill defines “financial statements” to mean a comprehensive report prepared in accordance with generally accepted accounting

principles that accurately reflects the financial condition and operations of the HOA for a specific period. Under the bill, this report must
include, at a minimum, a balance sheet, an income and expense statement, a budget comparison, and a complete set of bank statements for
all HOA accounts, including copies of check images for all disbursements made during the reporting period. (Section 1)
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Further, the bill requires that the disclosure summary which must be given to the prospective purchaser of a parcel
governed by an HOA include the following statement:

        YOU ACKNOWLEDGE THAT YOU ARE ENTITLED TO RECEIVE A CURRENT COPY OF THE
        ASSOCIATION’S BYLAWS, ARTICLES OF INCORPORATION, DECLARATION OF RESTRICTIONS,
        RULES AND REGULATIONS, NOTICES PERTIANING TO SPECIAL ASSESSMENTS, THE MOST
        RECENT FINANCIAL STATEMENTS, AND THE AGENDAS AND MINUTES FROM ALL ASSOCIATION
        BOARD MEETINGS THAT TOOK PLACE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE
        EXECUTION OF THE CONTRACT FOR SALE.

Finally, the bill requires that, beginning July 1, 2025, each contract or agreement for the sale of a residential parcel
that is governed by an HOA and subject to a recreational covenant must contain the following disclosure summary
in conspicuous type and in substantially the following form:

                                               DISCLOSURE SUMMARY

        YOUR PARCEL IS SUBJECT TO A RECREATIONAL COVENANT. AS A PURCHASER OF PROPERTY
        SUBJECT TO A RECREATIONAL COVENANT, YOU ARE OBLIGED TO PAY AMENITY DUES TO A
        PRIVATE AMENITIES OWNER.

        AS THE PURCHASER OF SUCH PROPERTY, I ACKNOWLEDGE ALL OF THE FOLLOWING:

        1. THE PROPERTY ON WHICH THE PRIVATELY-OWNED RECREATIONAL AMENITIES ARE
           LOCATED, WHICH ARE GOVERNED BY THE RECREATIONAL COVENANT, IS NOT A COMMON
           AREA OF THE HOMEOWNERS’ ASSOCIATION AND IS NOT OWNED OR CONTROLLED BY THE
           HOMEOWNERS’ ASSOCIATION. THE RECREATIONAL COVENANT IS NOT A GOVERNING
           DOCUMENT OF THE ASSOCIATION.

        2. THE AMOUNT OF ANY AMENITY DUES IS GOVERNED BY THE RECREATIONAL COVENANT.
           SUCH DOCUMENT CONTAINS IMPORTANT PROVISIONS AND RIGHTS AND IS A PUBLIC
           RECORD AND AVAILABLE UPON REQUEST.

        3. THE PRIVATE AMENITIES OWNER DETERMINES THE BUDGET FOR THE OPERATION AND
           MAINTENANCE OF THE PRIVATELY-OWNED RECREATIONAL AMENITIES. HOWEVER, EACH
           PARCEL OWNER SUBJECT TO THE RECREATIONAL COVENANT IS STILL RESPONSIBLE FOR
           AMENITY DUES.

        4. AMENITY DUES MAY BE SUBJECT TO PERIODIC CHANGE. AMENITY DUES ARE IN ADDITION
           TO, AND SEPARATE AND DISTINCT FROM, THE ASSESSMENTS LEVIED BY THE ASSOCIATION.

        5. THE FAILURE TO PAY AMENITY DUES OR OTHER CHARGES LEVIED BY A PRIVATE AMENITIES
           OWNER COULD RESULT IN A LIEN ON YOUR PARCEL.

        6. THIRD PARTIES WHO ARE NOT MEMBERS OF THE ASSOCIATION MAY HAVE THE RIGHT TO
           ACCESS AND USE THE PRIVATELY-OWNED RECREATIONAL AMENITIES AS DETERMINED BY
           THE PRIVATE AMENITIES OWNER.

        7. THE REQUIREMENT FOR MANDATORY MEMBERSHIP AND THE OBLIGAION TO PAY AMENITY
           DUES CAN BE FOUND IN THE RECREATIONAL COVENANT OR OTHER RECORDED
           INSTRUMENT.

        8. THE PRIVATE AMENITIES OWNER MAY AMEND THE RECREATIONAL COVENANT WITHOUT
           THE APPROVAL OF THE ASSOCIATION OR PARCEL OWNERS, SUBJECT TO THE TERMS OF THE
           RECREATIONAL COVENANT, AND SECTION 720.412, FLORIDA STATUTES.


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         9. THE STATEMENTS CONTAINED IN THIS DISCLOSURE ARE ONLY SUMMARY IN NATURE AND,
            AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE RECREATIONAL COVENANT
            BEFORE PURCHASING A PARCEL. THE RECREATIONAL COVENANT IS A MATTER OF PUBLIC
            RECORD AND MAY BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY IN WHCH THE
            PARCEL YOU ARE PURCHASING IS LOCATED OR, IF NOT RECORDED, MAY BE OBTAINED FROM
            THE DEVELOPER UPON REQUEST.

Under the bill, the developer or the parcel owner selling the parcel must provide the required disclosure summary
to the prospective purchaser. Any sale contract or agreement must refer to and incorporate the disclosure
summary and must include, in prominent language, a statement that the prospective purchaser should not execute
the contract or agreement for sale until he or she has received and read the required disclosure summary. A sale
contract or agreement is voidable by a purchaser if the required disclosure summary is not provided to the
purchaser before the contract’s or agreement’s execution; however, in order to void the contract or agreement, the
purchaser must deliver written notice cancelling the contract or agreement to the seller or the seller’s agent or
representative within three days after receipt of the disclosure summary or before closing, whichever occurs first.
The purchaser’s right to void a contract or an agreement terminates at closing, and this right may not be waived by
the purchaser. (Sections 7 and 14)

Effective Date

The bill provides an effective date of July 1, 2025. (Section 20)

RULEMAKING: The bill gives the Division of Condominiums, Timeshares, and Mobile Homes within the
Department of Business and Professional Regulation rulemaking authority to implement changes made by the bill
which impact the Division.

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:
STATE GOVERNMENT:
The bill may have a fiscal impact on state government. Whether such impact is positive, negative, or neutral
depends upon whether the changes created by the bill increase or decrease litigation in the state court system, and
whether the Department of Business and Professional Regulation is able to absorb any costs associated with
implementing the new election monitor requirements within existing resources.

PRIVATE SECTOR:
The bill may have a fiscal impact on the private sector. Whether such impact is positive or negative depends upon
whether it increases or decreases costs to parcel owners in HOAs, and to HOAs themselves.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
A homeowners’ association (“HOA”) is a Florida corporation responsible for the operation of a community in which
the voting membership is made up of parcel2 owners,3 and in which membership is a mandatory condition of
parcel ownership, which corporation is authorized to impose assessments that, if unpaid, may become a lien on the
parcel.4 Chapter 720, F.S., known as the Homeowners’ Association Act (“HOA Act”), regulates HOAs in Florida by

2 “Parcel” means a platted or unplatted lot, tract, unit, or other subdivision of real property within a community, as described in the

declaration which is capable of separate conveyance, and of which the parcel owner, or an association in which the parcel owner must be a
member, is obligated: 1) by the governing documents to be a member of an association that serves the community; and 2) to pay the HOA
assessments that, if not paid, may result in a lien. S. 720.301, F.S.
3 “Parcel owner” means the record owner of legal title to a parcel. Id.
4 Id.

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                                                                                                                                            8
giving statutory recognition to this type of corporation, providing procedures for HOA operation, and protecting
the rights of HOA members without unduly impairing the HOA’s ability to perform its functions.5

HOA Regulation

There is, generally speaking, no state agency or other body that regulates HOAs in Florida; indeed, the HOA Act
enshrines the Legislature’s belief that it is not in the best interests of HOAs or an individual HOA’s members to
create or impose a bureau or other agency of state government to regulate HOAs.6 Thus, most disputes between an
HOA and a member thereof must be resolved through litigation where they cannot be resolved through
negotiations between parcel owners and the HOA’s board members; however, the Legislature has recognized the
importance of, and provided for, an expedited alternative dispute resolution process for HOA election and recall
disputes and pre-suit mediation of other disputes involving covenant enforcement, overseen by the Division of
Condominiums, Timeshares, and Mobile Homes (“Division”) within the Department of Business and Professional
Regulation (“DBPR”).7

Governing Documents

An HOA’s “governing documents” include the:
    Declaration of covenants, which establishes the HOA’s existence and acts as the HOA’s constitution.
      Recorded in the public records in which the community subject to the declaration lies, such a document
      subjects parcels of land to the HOA’s control, and lays out the HOA’s and parcel owners’ respective rights
      and responsibilities.
    Articles of incorporation, which formally creates the HOA as a legal entity. Filed with the Department of
      State, such a document outlines basic information about the HOA, including its name, purpose, location, and
      structure.
    Bylaws, which establish rules governing how the HOA will operate. Such a document covers matters such
      as board and member meeting procedures, board election procedures, and board powers and duties. 8
    Rules and regulations, which provide more specific guidelines for daily life within the HOA.9

An HOA’s governing documents are contracts between the HOA and its members which govern the relationship
between such parties and run with the land, such that the rights and obligations thereunder are passed from
member to member through the sale and purchase of parcels in the HOA.10

Official Records

The HOA Act requires the HOA to maintain specified documents, which constitute the HOA’s official records, for at
least 7 years, unless the HOA’s governing documents require retention for a longer time period. Such documents
include copies of the HOA’s governing documents and:
     The minutes of all board and member meetings.
     A current roster of all members and their designated mailing addresses and parcel identifications.

5 Ss. 720.3015 and 720.302, F.S.
6 In contrast, Florida law provides a robust regulatory scheme for condominiums and cooperatives, overseen by the Florida Division of

Condominiums, Timeshares, and Mobile Homes within the Florida Department of Business and Professional Regulation. Such scheme
requires condominiums and cooperatives to register with and pay an annual fee to the Division, and allows association members to file
complaints with the Division relating to their association; however, the Division only has the authority to investigate complaints relating to
financial matters; elections; recalls; the maintenance of and unit owner access to association records; the procedural aspects of meetings;
conflict of interest disclosure; removal of board directors and officers; and the procedural completion of a structural reserve study. Florida
law also gives the Division the authority to audit, inspect, and file administrative complaints against the complained-of association or its
managers, and, through the Office of the Condominium Ombudsman, to act as a neutral resource for condominium owners and to monitor
condominium elections in specified circumstances. S. 720.302, F.S.; see, generally, chs. 718, 719, and 721, F.S.; Florida Department of
Business and Professional Regulation, Condominiums and Cooperatives – FAQs, https://www2.myfloridalicense.com/condominiums-and-
cooperatives/faqs (last visited Apr. 3, 2025).
7 S. 720.302(2), F.S.
8 S. 720.301, F.S.
9 See generally s. 720.303, F.S.
10 Woodside Vill. Condo. Ass’n v. Jahren, 806 So. 2d 452, 456 (Fla. 2002) (quoting Pepe v. Whispering Sands Condo. Ass’n, 351 So. 2d 755, 757

(Fla. 2d DCA 1977)).
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                                                                                                                                                 9
         All of the HOA’s insurance policies or a copy thereof.
         A current copy of all contracts to which the HOA is a party.
         The HOA’s financial and accounting records.
         A copy of the disclosure summary.
         Ballots, sign-in sheets, voting proxies, and all other papers and electronic records relating to voting by
          parcel owners, which must be maintained for at least one year after the date of the election, vote, or
          meeting.
         All other written records of the HOA not specifically named which are related to the HOA’s operation.11

Further, an HOA with 100 or more parcels must post specified documents on its website or make such documents
available through an application that can be downloaded on a mobile device.12

The official records must generally be maintained within this state and made available to a parcel owner for
inspection or photocopying within 45 miles of the community or within the county in which the HOA is located
within 10 business days after receipt by the board or its designee of a written request from the parcel owner; such
a requirement may be met by having a copy of the official records available for inspection or copying in the
community, by making the records available to a parcel owner electronically via the Internet, or by allowing the
records to be viewed in electronic format on a computer screen and printed upon request.13 If the HOA has a
photocopy machine available where the records are maintained, it must provide parcel owners with copies on
request during the inspection if the entire request is limited to no more than 25 pages, and an HOA must allow a
member to use a portable device to make an electronic copy of the official records without charging a fee to a
member for the use of such a portable device.14

Where an HOA fails to provide access to the records within 10 business days after receipt of a written request to
inspect the records from a parcel owner, there is a rebuttable presumption that the HOA willfully failed to comply
with the HOA Act’s records access requirements.15 A member denied access to official records is entitled to recover
from the HOA his or her actual damages or minimum damages for such a willful failure, with the minimum
damages set at $50 per calendar day, up to 10 days.16 Criminal penalties may also apply to certain willful and
knowing misconduct pertaining to an HOA’s official records.17




11 S. 720.303, F.S.
12 Id.
13 Id.
14 Id.
15 Id.
16 Id.
17 Id.

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                                                                                                                       10
Elections and Recalls

          Elections

The HOA Act mandates that HOA board member elections be conducted in accordance with the procedures set
forth in the HOA’s governing documents and occur, where an election is required, at the annual meeting or as
provided in the governing documents.18 Under the Act, all HOA members are generally eligible to serve on the
HOA’s board, and a member may nominate himself or herself as a candidate for the board at a meeting during
which the election is to be held.19 However, any member who is delinquent in the payment of any fee, fine, or other
monetary obligation to the HOA on the day that he or she could last nominate himself or herself or be nominated
for election to the board may not seek such election, and his or her name may not be listed on the ballot.20

Notice of an annual election must be provided to all members and members have the right, unless otherwise
provided in the Act or in the governing documents, to vote for board members either in person or by proxy.21 To be
valid, a proxy must be dated, state the date, time, and place of the meeting for which it was given, and be signed by
the authorized person who executed the proxy; further, a proxy is only effective for the specific meeting for which
it was originally given, and as the meeting may be lawfully adjourned and reconvened from time to time, and
automatically expires 90 days after the date of the meeting for which it was originally given.22

          Recalls

Under the HOA Act, any member of the HOA’s board may generally be recalled and removed from office with or
without cause by a majority of the total voting interests through an agreement in writing or by written ballot
without a membership meeting; where a recall is by agreement or ballots, the agreement or ballots (or a copy
thereof) must be served on the HOA by certified mail or by personal service as specified in the HOA Act.23 Further,
if the governing documents allow, the members may also recall and remove a board director by a vote taken at a
meeting, and a special meeting to recall a director may be called by 10 percent of the voting interests giving notice
of the meeting as required for a member meeting.24

Regardless of the recall mechanism the members use the board must notice and hold a board meeting within 5 full
business days of receipt of the agreement or ballots or of the recall meeting, as applicable.25 At such board meeting,
the board must either certify the recall, resulting in the immediate recall of the subject board member, or, within 5
full business days of the meeting, challenge the recall by filing an action with a court of competent jurisdiction or a
petition for binding arbitration with the Division.26 If the board fails to duly notice and hold the required meeting,
the member representative may file an arbitration petition or a civil action challenging the board’s failure to act.27
Further, a recalled board member may file an arbitration petition or a civil action to challenge the recall’s validity
within 60 days after the recall is deemed certified.28

Once a recall effort is certified, a recalled board member has 5 full business days from the recall’s effective date to
turn over all association records or property in his or her possession.29 Where a board member fails to relinquish
his or her office or turn over the records and property as required by the HOA Act, the circuit court of the county
where the association maintains its principal office may, upon the HOA’s petition, order the director’s compliance.30
        Voting Certificates


18 S. 720.306(2), F.S.
19 S. 720.306(9)(a), F.S.
20 S. 720.306(9)(b), F.S.
21 S. 720.306(8), F.S.
22 S. 720306(8)(a), F.S.
23 S. 720.303, F.S.
24 Id.
25 Id.
26 Id.
27 Id.
28 Id.
29 Id.
30 Id.

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A “voting certificate” is a document which designates one of the record title owners, or the corporate, partnership,
or entity representative, who is authorized to vote on behalf of a parcel within an HOA that is owned by more than
one owner or by any entity.31

         Suspension of Voting Rights

An HOA may suspend a member’s voting rights for the nonpayment of any fine, fee, or other monetary obligation
due to the HOA that is more than 90 days delinquent, after approval at a properly-notice board meeting and
written notice to the member.32 Where a voting interest is suspended, such voting interest must be subtracted from
the total number of all voting interests available to take or approve an action, and the suspended voting interest
may not be considered for any purpose, including, but not limited to, the percentage or number of voting interests:
      Necessary to constitute a quorum;
      Required to conduct an election; or
      Required to approve an action under the HOA Act or the governing documents.33

Any such suspension ends upon the full payment of all obligations currently due or overdue to the HOA.34

         Dispute Resolution

Under the HOA Act, any election or recall dispute between a member and an HOA must be submitted to binding
arbitration with the Division or filed with a court of competent jurisdiction.35 The HOA Act also requires that the
parties to certain other disputes participate in pre-suit mediation with a neutral third-party mediator before either
party may file a lawsuit related to the matter in court; specifically, the disputes for which pre-suit mediation is
required include disputes regarding:
     Use of or change to a parcel or the common areas and other covenant enforcement disputes;
     Amendments to the HOA’s governing documents;
     Board meetings, or membership meetings not including election meetings; and
     Access to official association records.36

Where pre-suit mediation is not successful in resolving all the issues between the parties, the parties may then file
the unresolved dispute in a court of competent jurisdiction or elect to enter into binding or non-binding arbitration
with the Division.37

Assessments

An “assessment” is a sum of money payable, as authorized in the HOA’s governing documents, by an HOA’s
members to the HOA, to the developer or other owner of common areas, or to recreational facilities and other
properties serving the parcels.38 When authorized by the governing documents, the HOA has a lien on each parcel
to secure the payment of assessments.39 Such a lien is generally effective from and relates back to the date on
which the original declaration was recorded; however, as to first mortgages of record, the lien is effective from and
after recording a claim of lien in the public records of the county in which the parcel is located.40
To be valid, an assessment lien must state the parcel’s description, the record owner’s name, the HOA’s name and
address, the assessment amount due, and the due date.41 Such a lien secures all unpaid assessments that are due

31 Note that the HOA Act does not define “voting certificate” but does use the term in the same manner as it is used in the Condominium Act,

in which the term is defined. S. 718.103, F.S.
32 S. 720.305, F.S.
33 Id.
34 Id.
35 S. 720.311, F.S.
36 Id.
37 Id.
38 S. 720.301, F.S.
39 S. 720.3085, F.S.
40 Id.
41 Id.

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and that may accrue after the claim of lien’s recording, and the person making payment is entitled to a satisfaction
of the lien upon payment in full; however, where the lien goes unsatisfied and the HOA follows statutory notice
procedures, the HOA may bring an action to foreclose an assessment lien in the same manner in which a mortgage
is foreclosed.42

Financial Reports

Under the HOA Act, in a residential subdivision in which the owners of lots or parcels must pay mandatory
maintenance or amenity fees to the subdivision developer or to the owners of the common areas, recreational
facilities, and other properties serving the lots or parcels, the developer or owner of such areas, facilities, or
properties must make public, within 60 days after the fiscal year’s end, a complete financial report of the actual,
total receipts of mandatory maintenance or amenity fees received by it, and an itemized listing of the expenditures
made by it from such fees, for that year. Such report must be made public by mailing it to each lot or parcels owner
in the subdivision, by publishing it in a publication regularly distributed within the subdivision, or by posting it in
prominent locations in the subdivision. However, this requirement does not apply to amounts paid to:
     An HOA under chs. 617, 718, 721, or 723, F.S.; or to
     Local government entities, including special districts.

Recreational Covenants

Parcel owners in an HOA may be subject to recreational covenants which, in many instances, require the parcel
owners to pay amenity or use fees to a private amenities owner. Such covenants are, typically, incorporated into an
HOA’s declaration of covenants.

Sales Disclosures

The HOA Act entitles a prospective purchaser of property governed by an HOA to a disclosure summary provided
by the developer, or the seller where the developer is not the seller, which disclosure summary must be in the
following form:
                                              DISCLOSURE SUMMARY
                                                        FOR
                                             (NAME OF COMMUNITY)

         1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A
         MEMBER OF A HOMEOWNERS’ ASSOCIATION.

         2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE
         USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY.

         3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY
         BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $ PER . YOU
         WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION.
         SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IF APPLICABLE, THE CURRENT
         AMOUNT IS $ PER .

         4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE
         MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC
         CHANGE.

         5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS LEVIED BY A MANDATORY
         HOMEOWNERS’ ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY.




42 Id.

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         6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR
         OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE
         HOMEOWNERS’ ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $ PER .

         7. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS
         WITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE
         PARCEL OWNERS.

         8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN
         NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND
         THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY.

         9. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED
         FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED, OR ARE NOT
         RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER.

         DATE:                                             PURCHASER:

Further, each contract entered into for the sale of property governed by an HOA must contain, in conspicuous type,
a clause that states:

         IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT
         BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR
         SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER’S AGENT
         OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 3
         DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER
         OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT.
         BUYER’S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.

Amendment Application and the Contracts Clauses

In determining whether a law may be applied retroactively, courts first determine whether the law is procedural,
remedial, or substantive in nature.43 A purely procedural or remedial law may apply retroactively without
offending the Constitution, but a substantive law generally may not apply retroactively absent clear legislative
intent to the contrary.44 However, even where the Legislature has expressly stated that a law will have retroactive
application, a court may reject that application if the law impairs a vested right (such as those established by
contract), creates a new obligation, or imposes a new penalty.45 Further, where a law is designed to serve a
remedial purpose, a court may decide not to apply the law retroactively where doing so “would attach new legal
consequences to events completed before its enactment.”46

As previously stated, an HOA’s governing documents are contracts between the HOA and its members which
govern the relationship between such parties and run with the land, such that the rights and obligations
thereunder are passed from member to member through the sale and purchase of parcels in the HOA.47 Though the
HOA Act provides a regulatory scheme for HOAs, under the Contracts Clauses of the State and Federal
Constitutions, parties are generally free to contract with one another without government interference; in other
words, the legislature is generally not free to dictate the terms of a contract, or to impair existing contracts through
the retroactive application of new laws.


43 A procedural law merely establishes the means and methods for applying or enforcing existing duties or rights. A remedial law confers or

changes a remedy, i.e., the means employed in enforcing an existing right or in redressing an injury. A substantive law creates, alters, or
impairs existing substantive rights. Windom v. State, 656 So. 2d 432 (Fla. 1995); St. John’s Village I, Ltd. v. Dept. of State, 497 So. 2d 990 (Fla.
5th DCA 1986); McMillen v. State Dept. of Revenue, 74 So. 2d 1234 (Fla. 1st DCA 1999).
44 State Farm Mutual Automobile Ins. Co. v. Laforet, 658 So. 2d 55 (Fla. 1995).
45 Menendez v. Progressive Exp. Ins. Co., Inc., 35 So. 3d 873 (Fla. 2010).
46 L. Ross, Inc. v. R.W. Roberts Const. Co., 481 So. 2d 484 (Fla. 1986).
47 Woodside Vill. Condo. Ass’n, 806 So. 2d at 456.

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                                                                                                                                                   14
Thus, courts have found that whether or not an amendment to the HOA Act applies to a particular, pre-existing
HOA (and thus modifies the terms of the HOA’s governing documents) depends on whether or not the amendment
is procedural, remedial, or substantive. Where the amendment is procedural or remedial, it will generally apply to
all existing HOAs automatically (unless, as stated above, the amendment is remedial and a court finds that such
application would attach new legal consequences to events completed before the amendment’s enactment);
however, where the amendment is substantive, the amendment’s application to an existing HOA depends on
whether or not the HOA’s governing documents incorporate such amendments through the use of what is
commonly called “Kaufman language” – that is, language incorporating the HOA Act “as it may be amended from
time to time.”48 Without such language, the courts generally find, the HOA Act as it existed on the date the
governing documents took effect controls, and a substantive amendment would not apply to such an HOA unless
the HOA’s members vote to amend49 the governing documents to expressly incorporate it.50

                                                          BILL HISTORY
                                                                                                    STAFF
                                                                                                  DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                 ACTION                      DATE             POLICY CHIEF           PREPARED BY
ICivil Justice & Claims                          14 Y, 0 N, As CS             4/3/2025               Jones                 Mawn
Subcommittee
THE CHANGES ADOPTED BY THE                  Removed a provision giving local law enforcement agencies the authority to
COMMITTEE:                                  audit and inspect HOAs for HOA Act violations; removed language requiring
                                            that an HOA’s governing documents include “Kaufman language”; removed a
                                            provision declaring certain provisions in an HOA’s governing documents void
                                            as against public policy; and defined “financial statements.”
Housing, Agriculture & Tourism                                                                Curtin        Rodriguez
Subcommittee
Judiciary Committee


     -------------------------------------------------------------------------------------------------------------------------------------
   THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
     -------------------------------------------------------------------------------------------------------------------------------------




48 “Kaufman language” derives from Kaufman v. Shere, in which the court found that a Condominium Act amendment applied to an existing

condominium association as the association’s governing documents incorporated the provisions of the Condominium Act “as it may be
amended from time to time.” 347 So.2d 627 (Fla. 3d DCA 1977).
49 Unless otherwise provided in the governing documents, an HOA’s governing documents may generally be amended by an affirmative two-

thirds vote of the members. S. 720.306, F.S.
50 See, e.g., Beacon Hill Homeowners’ Assoc., Inc. v. Colfin Ah-Florida 7, LLC, 221 So. 3d 710 (Fla. 3d DCA 2017).

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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




           CS/HB 983                                                                                            2025




    1                                         A bill to be entitled
    2              An act relating to homeowners' associations; amending
    3              s. 720.301, F.S.; revising definitions; defining the
    4              term "financial statements"; amending s. 720.302,
    5              F.S.; revising the purpose and scope of ch. 720, F.S.;
    6              providing legislative findings; requiring the Office
    7              of the Condominium Ombudsman, upon petition, to
    8              appoint a specified employee or attorney to monitor
    9              the homeowners' association election of directors;
10                 requiring that all costs for such monitoring be borne
11                 by the association; requiring the Division of Florida
12                 Condominiums, Timeshares, and Mobile Homes to adopt
13                 rules and procedures; providing applicability;
14                 amending s. 720.303, F.S.; prohibiting the suspension
15                 of a parcel owner's or member's voting rights when
16                 voting on the recall of a board member; providing that
17                 any specified prior suspensions have no effect for any
18                 recall; requiring a recall agreement to be served on
19                 an association by registered mail, rather than by
20                 certified mail or by personal service; removing the
21                 requirement that a board perform certain actions to
22                 either certify or not certify the written ballots or
23                 written agreements to recall a director of a board;
24                 providing construction; requiring a board to duly
25                 notice and hold a meeting of the board within a

                                                         Page 1 of 64

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb983-01-c1
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




        CS/HB 983                                                                                            2025




26              specified timeframe after receipt of a recall
27              agreement; providing that board members are recalled
28              effective immediately upon the conclusion of a board
29              meeting, provided the recall is facially valid;
30              specifying the timeframe in which a recalled board
31              member must return to the board specified property
32              belonging to the association; providing that the board
33              may reject a parcel owner's recall agreement under
34              certain circumstances; providing a rebuttable
35              presumption that a parcel owner executing the recall
36              agreement is the designated voter for the parcel;
37              prohibiting an association from enforcing a voting
38              certificate requirement under certain circumstances;
39              removing the provision that board members may be
40              recalled and removed by a vote taken at a meeting;
41              removing the provision that a special meeting may be
42              convened to recall a director or directors of the
43              board if called by a specified percentage of the
44              voting interests; removing the prohibition against
45              electronic transmission being used as a method of
46              giving notice of such a meeting; removing the
47              requirement that a board file an action with a court
48              or file with the Department of Business and
49              Professional Regulation a petition for binding
50              arbitration within a specified timeframe if the board

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        CS/HB 983                                                                                            2025




51              does not certify the written agreement or written
52              ballots to recall a director; removing the provision
53              that board members who voted at a meeting or who
54              executed an agreement in writing constitute one party
55              under the petition for arbitration or court action;
56              removing the provision that a recall is effective upon
57              the final order of the court or the mailing of the
58              final order of arbitration to the association;
59              requiring that recalled board members turn over
60              specified property of the association to the board
61              within a specified timeframe; revising the timeframe
62              in which such petition or action must be filed;
63              requiring that the association be named as the
64              respondent in such petition or action; providing that
65              a petition or action filed by a board member who has
66              been recalled may challenge the facial validity of the
67              recall agreement or the substantial compliance with
68              the procedural requirements for a recall; requiring
69              that a board member be reinstated and a recall be
70              deemed null and void if an arbitrator or a court
71              determines that a recall was invalid; providing that a
72              prevailing party is entitled to recover reasonable
73              attorney fees and costs if certain findings are made;
74              amending s. 720.306, F.S.; removing the requirement
75              that secret ballots cast by members who are not in

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         CS/HB 983                                                                                            2025




76               attendance at a meeting be mailed or delivered to the
77               association in a specified manner; removing the
78               requirement that a valid ballot be cast once confirmed
79               valid; removing the requirement that a ballot for a
80               lot that has more than one ballot submitted be
81               disqualified; removing the provision that any ballot
82               received after the closing of the balloting may not be
83               considered; removing the provision that a member may
84               nominate himself or herself as a candidate for the
85               board at a meeting where the election is held,
86               provided certain conditions are met; requiring that
87               board members be elected by written ballot or voting
88               machine; prohibiting the use of proxies in electing
89               the board in general elections or in elections to fill
90               vacancies; requiring the association to mail, deliver,
91               or electronically transmit, by separate association
92               mailing or included in another association mailing,
93               delivery, or electronic transmission, to each member
94               entitled to vote a first notice of the date of the
95               election a specified timeframe before the election;
96               requiring a member intending to be a candidate for the
97               board to give written notice of his or her intent a
98               specified timeframe before the election; requiring the
99               association to send a second notice of the election,
100              with the written notice of the annual meeting and

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         CS/HB 983                                                                                            2025




101              agenda, to all members entitled to vote, together with
102              a ballot that lists all candidates; requiring that an
103              information sheet be sent in the second notice at the
104              request of a candidate; providing requirements for
105              such information sheet; requiring that the candidate
106              furnish the information sheet to the association
107              within a specified timeframe; requiring the
108              association to bear the costs of mailing, delivering,
109              or electronically transmitting the information sheet;
110              providing that the association is not liable for the
111              content of the information sheet; authorizing the
112              association to print the information sheet on both
113              sides of the paper; requiring that elections be
114              decided by a plurality of ballots cast; providing that
115              there are no quorum requirements; providing an
116              exception; prohibiting a member from authorizing any
117              other person to cast his or her ballot; providing that
118              any improperly cast ballots are invalid; providing
119              penalties; authorizing a member who requires
120              assistance to cast a ballot to seek such assistance;
121              requiring the election to occur on the date of the
122              annual meeting; providing that an election is not
123              required unless more candidates file notices of intent
124              to run or are nominated than there are vacancies on
125              the board; providing that such candidates become board

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         CS/HB 983                                                                                            2025




126              members upon the adjournment of the annual meeting
127              under certain circumstances; providing applicability;
128              requiring that a candidate for board membership be
129              eligible at the time of the mailing, delivery, or
130              electronic transmission of the candidate's notice of
131              intent to be a candidate; prohibiting co-owners of a
132              parcel from serving together; providing exceptions;
133              removing the prohibition against write-in nominations
134              being permitted under certain circumstances and that
135              qualified candidates seeking nomination must commence
136              their service on the board of directors, regardless of
137              whether a quorum is attained at the annual meeting;
138              removing the requirement that boards of directors be
139              elected by a plurality of votes unless otherwise
140              provided by the governing documents; removing the
141              provision that any challenge to the election process
142              be commenced within a specified timeframe after the
143              election results are announced; providing that a
144              person who is delinquent in the payment of any
145              assessments is not eligible to be a candidate;
146              providing that a director or an officer is delinquent
147              if payment is not made by a specified due date
148              identified in the declaration, bylaws, or articles of
149              incorporation; providing that a payment is delinquent
150              on the first day of the assessment period if no

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         CS/HB 983                                                                                            2025




151              specified due date is in the declaration, bylaws, or
152              articles of incorporation; removing the definition of
153              the term "any fee, fine, or other monetary
154              obligation"; providing that the terms of all board
155              members expire at the annual meeting and that such
156              board members may stand for reelection unless
157              prohibited by the association's declaration, bylaws,
158              or articles of incorporation, if certain conditions
159              are met; amending s. 720.3086, F.S.; providing
160              requirements for financial reporting by a private
161              amenities owner; providing applicability; amending s.
162              720.311, F.S.; providing that a certain action filed
163              be tried without a jury; providing that the parties
164              are entitled to an immediate hearing; authorizing the
165              court to limit the time for taking testimony;
166              authorizing the party filing an action to request a
167              temporary injunction for a certain purpose;
168              authorizing a party to remove an action for
169              arbitration and seek a trial de novo in circuit court;
170              removing the requirement that the Department of
171              Business and Professional Regulation adopt rules;
172              requiring that an association be ordered, by judgment
173              or decree, to pay a prevailing parcel owner's
174              reasonable attorney fees and costs; providing that
175              compensation or fees of an attorney may be included in

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         CS/HB 983                                                                                            2025




176              the judgment or decree rendered in such action or in a
177              separate judgment or decree; prohibiting any other
178              recovery of attorney fees or costs, with an exception;
179              amending s. 720.401, F.S.; requiring prospective
180              purchasers of a parcel subject to association
181              membership to be provided with certain documents, in
182              addition to the disclosure summary, before executing a
183              contract; authorizing prospective purchasers to cancel
184              their contract within a specified timeframe under
185              certain circumstances; specifying that the 3-day
186              cancellation period does not include Saturdays,
187              Sundays, and legal holidays; reenacting ss.
188              720.3033(4)(b) and 720.405(6), F.S., relating to
189              officers and directors and organizing committee parcel
190              and parcel owner approval, respectively, to
191              incorporate the amendment made to s. 720.306, F.S., in
192              references thereto; creating part IV of ch. 720, F.S.,
193              entitled "Recreational Covenants"; creating s.
194              720.408, F.S.; providing definitions; creating s.
195              720.409, F.S.; providing legislative findings;
196              providing the scope and applicability of the part;
197              creating s. 720.412, F.S.; providing requirements for
198              recreational covenants recorded on or after a
199              specified date; providing requirements for
200              recreational covenants recorded before a specified

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201              date; providing the maximum annual increase of amenity
202              expenses for certain recreational covenants;
203              authorizing a private amenities owner to increase
204              amenity expenses under certain conditions; providing
205              that a homeowners' association is not responsible for
206              collecting or remitting amenity dues; prohibiting
207              certain expenses and costs from being included as
208              amenity expenses; providing that a parcel owner or the
209              tenant of a parcel owner retains certain rights even
210              if a recreational covenant is terminated or the
211              private amenities owner suspends the use of the
212              privately-owned recreational amenities; specifying
213              that a recreational covenant is not a governing
214              document of a homeowners' association; providing
215              legislative intent; providing construction; creating
216              s. 720.413, F.S.; requiring each contract entered into
217              on or after a date certain for the sale of a
218              residential parcel governed by a homeowners'
219              association to include a specified disclosure summary;
220              requiring a developer or parcel owner selling the
221              parcel to provide such disclosure summary to a
222              prospective purchaser; providing that a contract or
223              agreement for sale of a parcel is voidable under
224              certain circumstances; providing the method in which
225              such contract or agreement is voidable; amending ss.

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         CS/HB 983                                                                                            2025




226              336.125, 558.002, 617.0725, 718.116, and 720.3085,
227              F.S.; conforming cross-references; providing an
228              effective date.
229
230      Be It Enacted by the Legislature of the State of Florida:
231
232              Section 1.         Subsections (8) through (13) of section
233      720.301, Florida Statutes, are renumbered as subsections (9)
234      through (14), respectively, subsection (1) and present
235      subsections (8) and (10) of that section are amended, and a new
236      subsection (8) is added to that section, to read:
237              720.301       Definitions.—As used in this chapter, the term:
238              (1)     "Assessment" or "amenity fee" means a sum or sums of
239      money payable to the association, to the developer or other
240      owner of common areas, or to recreational facilities and other
241      properties serving the parcels by the owners of one or more
242      parcels as authorized in the governing documents, which if not
243      paid by the owner of a parcel, can result in a lien against the
244      parcel by the association.
245              (8)     "Financial statements" means a comprehensive report
246      prepared in accordance with generally accepted accounting
247      principles which accurately reflects the financial condition and
248      operations of the homeowners' association for a specified
249      reporting period. At a minimum, this report must include a
250      balance sheet, an income and expense statement, a budget

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         CS/HB 983                                                                                            2025




251      comparison, and a complete set of bank statements for all
252      association accounts, including copies of check images for all
253      disbursements made during the reporting period.
254              (9)(a)(8)         "Governing documents" means both of the
255      following:
256              1.(a)       Subject to paragraph (b), the recorded declaration
257      of covenants for a community and all duly adopted and recorded
258      amendments, supplements, and recorded exhibits thereto.; and
259              2.(b)       The articles of incorporation and bylaws of the
260      homeowners' association and any duly adopted amendments thereto.
261              (b)     Consistent with s. 720.302(3)(b), recreational
262      covenants relating to privately-owned recreational amenities as
263      set forth in part IV of this chapter may not be considered
264      governing documents of an association, even if such recreational
265      covenants are attached as exhibits to a declaration of covenants
266      for a community. This paragraph is remedial in nature and
267      intended to clarify existing law.
268              (11)(10)          "Member" means a member of an association, and
269      may include, but is not limited to, a parcel owner or an
270      association representing parcel owners or a combination thereof,
271      and includes any person or entity obligated by the governing
272      documents to pay an assessment to the association or amenity
273      fee.
274              Section 2.          Subsections (1) and (2) and paragraph (b) of
275      subsection (3) of section 720.302, Florida Statutes, are amended

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         CS/HB 983                                                                                            2025




276      to read:
277              720.302       Purposes, scope, and application.—
278              (1)     This chapter defines the property rights of
279      individually owned and shared real property in a manner that is
280      intended to protect and preserve the private property rights of
281      the individual owners and the public policy of preserving
282      environmental protections and public safety. This chapter
283      creates standards for the preservation of property, including,
284      but not limited to, the preservation of the taxable value of the
285      property. This chapter is intended to create transparency of
286      management of the property and the transferability of ownership
287      interests in the property The purposes of this chapter are to
288      give statutory recognition to corporations not for profit that
289      operate residential communities in this state, to provide
290      procedures for operating homeowners' associations, and to
291      protect the rights of association members without unduly
292      impairing the ability of such associations to perform their
293      functions.
294              (2)(a)       The Legislature recognizes that it is not in the
295      best interest of homeowners' associations or the individual
296      association members thereof to create or impose a bureau or
297      other agency of state government to regulate the affairs of
298      homeowners' associations. However, in accordance with s.
299      720.311, the Legislature finds that homeowners' associations and
300      their individual members will benefit from an expedited

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         CS/HB 983                                                                                            2025




301      alternative process for resolution of election and recall
302      disputes and presuit mediation of other disputes involving
303      covenant enforcement and authorizes the department to hear,
304      administer, and determine these disputes as more fully set forth
305      in this chapter. Further, the Legislature recognizes that
306      certain contract rights have been created for the benefit of
307      homeowners' associations and members thereof before the
308      effective date of this act and that ss. 720.301-720.407 are not
309      intended to impair such contract rights, including, but not
310      limited to, the rights of the developer to complete the
311      community as initially contemplated.
312              (b)1.       Further, the Legislature finds that homeowners'
313      associations and their individual members will benefit from
314      oversight of the election of directors, and the Legislature
315      authorizes the Office of the Condominium Ombudsman to appoint an
316      election monitor to attend the annual meeting of the members and
317      to conduct the election of directors.
318              2.      Upon receipt of a petition of 10 percent of the total
319      voting interests in the homeowners' association or eight
320      members, whichever is greater, the ombudsman shall appoint a
321      division employee, a person specializing in election monitoring,
322      or an attorney licensed to practice in this state as the
323      election monitor. All costs associated with the election
324      monitoring process must be borne by the association. The
325      division shall adopt rules establishing procedures for the

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326      appointment of such monitors, including the scope and extent of
327      the monitors' role in the election process. This subparagraph
328      does not apply to any election conducted in accordance with the
329      bylaws of the association.
330              (3)     This chapter does not apply to:
331              (b)     The commercial or industrial parcels or privately-
332      owned recreational amenities in a community that contains both
333      residential parcels and parcels intended for commercial or
334      industrial use. However, privately-owned recreational amenities
335      are subject to and governed by s. 720.3086(2) and part IV of
336      this chapter.
337              Section 3.         Paragraphs (e) through (l) of subsection (10)
338      of section 720.303, Florida Statutes, are redesignated as
339      paragraphs (d) through (k), respectively, present paragraphs (a)
340      through (d), (f), (g), (j), (k), and (l) of subsection (10) are
341      amended, and paragraph (b) of subsection (4) of that section is
342      republished to read:
343              720.303       Association powers and duties; meetings of board;
344      official records; budgets; financial reporting; association
345      funds; recalls.—
346              (4)     OFFICIAL RECORDS.—
347              (b)1.       By January 1, 2025, an association that has 100 or
348      more parcels shall post the following documents on its website
349      or make available such documents through an application that can
350      be downloaded on a mobile device:

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         CS/HB 983                                                                                            2025




351              a.      The articles of incorporation of the association and
352      each amendment thereto.
353              b.      The recorded bylaws of the association and each
354      amendment thereto.
355              c.      The declaration of covenants and a copy of each
356      amendment thereto.
357              d.      The current rules of the association.
358              e.      A list of all current executory contracts or documents
359      to which the association is a party or under which the
360      association or the parcel owners have an obligation or
361      responsibility and, after bidding for the related materials,
362      equipment, or services has closed, a list of bids received by
363      the association within the past year.
364              f.      The annual budget required by subsection (6) and any
365      proposed budget to be considered at the annual meeting.
366              g.      The financial report required by subsection (7) and any
367      monthly income or expense statement to be considered at a
368      meeting.
369              h.      The association's current insurance policies.
370              i.      The certification of each director as required by s.
371      720.3033(1)(a).
372              j.      All contracts or transactions between the association
373      and any director, officer, corporation, firm, or association
374      that is not an affiliated homeowners' association or any other
375      entity in which a director of an association is also a director

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         CS/HB 983                                                                                            2025




376      or an officer and has a financial interest.
377              k.      Any contract or document regarding a conflict of
378      interest or possible conflict of interest as provided in ss.
379      468.436(2)(b)6. and 720.3033(2).
380              l.      Notice of any scheduled meeting of members and the
381      agenda for the meeting, as required by s. 720.306, at least 14
382      days before such meeting. The notice must be posted in plain
383      view on the homepage of the website or application, or on a
384      separate subpage of the website or application labeled "Notices"
385      which is conspicuously visible and linked from the homepage. The
386      association shall also post on its website or application any
387      document to be considered and voted on by the members during the
388      meeting or any document listed on the meeting agenda at least 7
389      days before the meeting at which such document or information
390      within the document will be considered.
391              m.      Notice of any board meeting, the agenda, and any other
392      document required for such meeting as required by subsection
393      (3), which must be posted on the website or application no later
394      than the date required for notice under subsection (3).
395              2.      The association's website or application must be
396      accessible through the Internet and must contain a subpage, web
397      portal, or other protected electronic location that is
398      inaccessible to the general public and accessible only to parcel
399      owners and employees of the association.
400              3.      Upon written request by a parcel owner, the association

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401      must provide the parcel owner with a username and password and
402      access to the protected sections of the association's website or
403      application which contains the official documents of the
404      association.
405              4.      The association shall ensure that the information and
406      records described in paragraph (5)(g), which are not allowed to
407      be accessible to parcel owners, are not posted on the
408      association's website or application. If protected information
409      or information restricted from being accessible to parcel owners
410      is included in documents that are required to be posted on the
411      association's website or application, the association must
412      ensure the information is redacted before posting the documents.
413      Notwithstanding the foregoing, the association or its authorized
414      agent is not liable for disclosing information that is protected
415      or restricted under paragraph (5)(g) unless such disclosure was
416      made with a knowing or intentional disregard of the protected or
417      restricted nature of such information.
418              (10)        RECALL OF DIRECTORS.—
419              (a)1.       Regardless of any provision to the contrary
420      contained in the governing documents, subject to the provisions
421      of s. 720.307 regarding transition of association control, any
422      member of the board of directors may be recalled and removed
423      from office with or without cause by a majority of the total
424      voting interests. The voting rights of a parcel owner or member
425      may not be suspended when voting on the recall of a board

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         CS/HB 983                                                                                            2025




426      director, and any prior suspension of voting rights pursuant to
427      s. 720.305(4) shall have no effect on a recall vote.
428              2.      When the governing documents, including the
429      declaration, articles of incorporation, or bylaws, provide that
430      only a specific class of members is entitled to elect a board
431      director or directors, only that class of members may vote to
432      recall those board directors so elected.
433              (b)1.       Board directors may be recalled by an agreement in
434      writing or by written ballot without a membership meeting. The
435      recall agreement in writing or the written ballots, or a copy
436      thereof, must shall be served on the association by registered
437      certified mail or by personal service in the manner authorized
438      by chapter 48 and the Florida Rules of Civil Procedure.
439              2.      The board shall duly notice and hold a meeting of the
440      board within 5 full business days after receipt of the agreement
441      in writing or written ballots. At the meeting, the board shall
442      either certify the written ballots or written agreement to
443      recall a director or directors of the board, in which case such
444      director or directors shall be recalled effective immediately
445      and shall turn over to the board within 5 full business days any
446      and all records and property of the association in their
447      possession, or proceed as described in paragraph (d).
448              2.      If 3.     When it is determined by the department pursuant
449      to binding arbitration proceedings or the court in an action
450      filed in a court of competent jurisdiction that an initial

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         CS/HB 983                                                                                            2025




451      recall effort was defective, written recall agreements or
452      written ballots used in the first recall effort and not found to
453      be defective may be reused in one subsequent recall effort.
454      However, in no event is a recall written agreement or written
455      ballot valid for more than 120 days after it has been signed by
456      the member.
457              3.4.        Any rescission or revocation of a member's written
458      recall ballot or agreement must be in writing and, in order to
459      be effective, must be delivered to the association before the
460      association is served with the written recall agreements or
461      ballots. This subparagraph must be liberally construed to ensure
462      a parcel owner is not disenfranchised by an association in a
463      recall and to prevent an association from failing to certify a
464      recall agreement on a technical omission playing no part in the
465      discharge of a parcel owner's voting rights.
466              4.5.        The recall agreement in writing or ballot must shall
467      list at least as many possible replacement directors as there
468      are directors subject to the recall, when at least a majority of
469      the board is sought to be recalled; the person executing the
470      recall instrument may vote for as many replacement candidates as
471      there are directors subject to the recall.
472              (c)1.       The board shall duly notice and hold a meeting of
473      the board within 5 business days after receipt of the recall
474      agreement. The board member or members are recalled effective
475      immediately upon the conclusion of the board meeting, provided

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476      that the recall is facially valid. A recalled member must return
477      to the board all records and property of the association in his
478      or her possession within 10 business days after being recalled.
479              2.      A parcel owner's recall agreement is facially invalid
480      and may be rejected by the board if:
481              a.      The parcel owner failed to properly serve notice of the
482      recall agreement;
483              b.      The recall agreement was executed by a person who was
484      not a parcel's record owner or designated voter;
485              c.      The recall agreement was marked before the removal of a
486      board member;
487              d.      The recall agreement does not contain any marking
488      indicating the selection by the parcel owner to either remove or
489      retain a board member; or
490              e.      The recall agreement does not contain the signature of
491      the parcel owner or designated voter.
492              3.      There is a rebuttable presumption that a parcel owner
493      executing the recall agreement is the designated voter for the
494      parcel. An association may not enforce a voting certificate
495      requirement if the association has not enforced such requirement
496      in all matters in the year immediately preceding service of the
497      recall agreement If the declaration, articles of incorporation,
498      or bylaws specifically provide, the members may also recall and
499      remove a board director or directors by a vote taken at a
500      meeting. If so provided in the governing documents, a special

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         CS/HB 983                                                                                            2025




501      meeting of the members to recall a director or directors of the
502      board of administration may be called by 10 percent of the
503      voting interests giving notice of the meeting as required for a
504      meeting of members, and the notice shall state the purpose of
505      the meeting. Electronic transmission may not be used as a method
506      of giving notice of a meeting called in whole or in part for
507      this purpose.
508              2.      The board shall duly notice and hold a board meeting
509      within 5 full business days after the adjournment of the member
510      meeting to recall one or more directors. At the meeting, the
511      board shall certify the recall, in which case such member or
512      members shall be recalled effective immediately and shall turn
513      over to the board within 5 full business days any and all
514      records and property of the association in their possession, or
515      shall proceed as set forth in paragraph (d).
516              (d)      If the board determines not to certify the written
517      agreement or written ballots to recall a director or directors
518      of the board or does not certify the recall by a vote at a
519      meeting, the board shall, within 5 full business days after the
520      meeting, file an action with a court of competent jurisdiction
521      or file with the department a petition for binding arbitration
522      under the applicable procedures in ss. 718.112(2)(l) and
523      718.1255 and the rules adopted thereunder. For the purposes of
524      this section, the members who voted at the meeting or who
525      executed the agreement in writing shall constitute one party

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         CS/HB 983                                                                                            2025




526      under the petition for arbitration or in a court action. If the
527      arbitrator or court certifies the recall as to any director or
528      directors of the board, the recall will be effective upon the
529      final order of the court or the mailing of the final order of
530      arbitration to the association. The director or directors so
531      recalled shall deliver to the board any and all records of the
532      association in their possession within 5 full business days
533      after the effective date of the recall.
534              (d)(f)       If the board fails to duly notice and hold a board
535      meeting within 5 full business days after service of a recall an
536      agreement in writing or within 5 full business days after the
537      adjournment of the member recall meeting, the recall is shall be
538      deemed effective and the board member or members directors so
539      recalled must shall immediately turn over to the board all
540      records and property of the association within 10 full business
541      days.
542              (e)(g)       If the board fails to duly notice and hold the
543      required meeting or at the conclusion of the meeting the board
544      determines that the recall is facially invalid fails to file the
545      required petition or action, the parcel owner representative may
546      file a petition or a court action under s. 718.1255 or file an
547      action in a court of competent jurisdiction challenging the
548      board's failure to act or determination that the recall is
549      invalid. The petition or court action must be filed within 30 60
550      days after the expiration of the applicable 5-full-business-day

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         CS/HB 983                                                                                            2025




551      period. The review of a petition or court action under this
552      paragraph is limited to the sufficiency of service on the board
553      and the facial validity of the recall written agreement or
554      ballots filed. The association must be named as the respondent.
555              (f)(j)       When the recall of more than one board member
556      director is sought, the recall written agreement must, ballot,
557      or vote at a meeting shall provide for a separate vote for each
558      board member director sought to be recalled.
559              (g)(k)       A board member who has been recalled may file an
560      action with a court of competent jurisdiction or a petition
561      under ss. 718.112(2)(l) and 718.1255 and the rules adopted
562      challenging the validity of the recall. The petition or court
563      action must be filed within 45 60 days after the recall is
564      deemed certified. The association and the parcel owner
565      representative must shall be named as respondents. The petition
566      or the court action may challenge the facial validity of the
567      recall agreement or the substantial compliance with the
568      procedural requirements for the recall. If the arbitrator or the
569      court determines that the recall was invalid, the arbitrator or
570      the court must immediately reinstate the petitioning board
571      member and deem the recall null and void. A board member who
572      prevails is entitled to recover reasonable attorney fees and
573      costs from the respondents. The arbitrator or the court may
574      award reasonable attorney fees and costs to a respondent if they
575      prevail, provided the arbitrator or the court makes a finding

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576      that the petitioner's claim is frivolous.
577              (h)(l)       The division or a court of competent jurisdiction
578      may not accept for filing a recall petition or action, whether
579      filed under paragraph (e) or paragraph (g) (b), paragraph (c),
580      paragraph (g), or paragraph (k) and regardless of whether the
581      recall was certified, when there are 60 or fewer days until the
582      scheduled reelection of the board member sought to be recalled
583      or when 45 60 or fewer days have not elapsed since the election
584      of the board member sought to be recalled.
585              Section 4.         Subsections (8) and (9) of section 720.306,
586      Florida Statutes, are amended, and paragraph (g) of subsection
587      (1) of that section is republished, to read:
588              720.306       Meetings of members; voting and election
589      procedures; amendments.—
590              (1)     QUORUM; AMENDMENTS.—
591              (g)     A notice required under this section must be mailed or
592      delivered to the address identified as the parcel owner's
593      mailing address in the official records of the association as
594      required under s. 720.303(4), or electronically transmitted in a
595      manner authorized by the association if the parcel owner has
596      consented, in writing, to receive notice by electronic
597      transmission.
598              (8)     PROXY VOTING.—The members have the right, unless
599      otherwise provided in this subsection or in the governing
600      documents, to vote in person or by proxy.

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         CS/HB 983                                                                                            2025




601              (a)     To be valid, a proxy must be dated, must state the
602      date, time, and place of the meeting for which it was given, and
603      must be signed by the authorized person who executed the proxy.
604      A proxy is effective only for the specific meeting for which it
605      was originally given, as the meeting may lawfully be adjourned
606      and reconvened from time to time, and automatically expires 90
607      days after the date of the meeting for which it was originally
608      given. A proxy is revocable at any time at the pleasure of the
609      person who executes it. If the proxy form expressly so provides,
610      any proxy holder may appoint, in writing, a substitute to act in
611      his or her place.
612              (b)     If the governing documents permit voting by secret
613      ballot by members who are not in attendance at a meeting of the
614      members for the election of directors, such ballots must be
615      placed in an inner envelope with no identifying markings and
616      mailed or delivered to the association in an outer envelope
617      bearing identifying information reflecting the name of the
618      member, the lot or parcel for which the vote is being cast, and
619      the signature of the lot or parcel owner casting that ballot. If
620      the eligibility of the member to vote is confirmed and no other
621      ballot has been submitted for that lot or parcel, the inner
622      envelope shall be removed from the outer envelope bearing the
623      identification information, placed with the ballots which were
624      personally cast, and opened when the ballots are counted. If
625      more than one ballot is submitted for a lot or parcel, the

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         CS/HB 983                                                                                            2025




626      ballots for that lot or parcel shall be disqualified. Any vote
627      by ballot received after the closing of the balloting may not be
628      considered.
629              (9)     ELECTIONS AND BOARD VACANCIES.—
630              (a)     Elections of directors must be conducted in accordance
631      with the procedures set forth in this subsection the governing
632      documents of the association. Except as provided in paragraph
633      (b), all members of the association are eligible to serve on the
634      board of directors, and a member may nominate himself or herself
635      as a candidate for the board at a meeting where the election is
636      to be held; provided, however, that if the election process
637      allows candidates to be nominated in advance of the meeting, the
638      association is not required to allow nominations at the meeting.
639      An election is not required unless more candidates are nominated
640      than vacancies exist.
641              1.      The members of the board must be elected by written
642      ballot or voting machine. Proxies may not be used in electing
643      the board in general elections or in elections to fill vacancies
644      caused by recall, resignation, or otherwise.
645              2.      At least 60 days before a scheduled election, the
646      association must mail, deliver, or electronically transmit, by
647      separate association mailing or included in another association
648      mailing, delivery, or electronic transmission, including
649      regularly published newsletters, to each member entitled to vote
650      a first notice of the date of the election.

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         CS/HB 983                                                                                            2025




651              3.      A member intending to be a candidate for the board must
652      give written notice of his or her intent to be a candidate to
653      the association at least 40 days before the scheduled election.
654              4.      Together with the written notice of the annual meeting
655      and agenda, the association must mail, deliver, or
656      electronically transmit a second notice of the election to all
657      members entitled to vote, together with a ballot that lists all
658      candidates.
659              5.      Upon the request of a candidate, an information sheet
660      must also be made available for the mailed, delivered, or
661      electronically transmitted second notice of the election. Such
662      information sheet may not be larger than 8 1/2 by 11 inches. The
663      candidate must furnish the information sheet to the association
664      no later than 35 days before the election. The association shall
665      bear the costs of mailing, delivering, or electronically
666      transmitting the information sheet. The association is not
667      liable for the content of the information sheet. In order to
668      reduce costs, the association may print or duplicate the
669      information sheets on both sides of the paper.
670              6.      Elections must be decided by a plurality of ballots
671      cast. There are no quorum requirements; however, at least 20
672      percent of the eligible voters must cast a ballot in order to
673      have a valid election. A member may not authorize any other
674      person to cast his or her ballot, and any ballot improperly cast
675      is deemed invalid. A member who violates this subparagraph may

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         CS/HB 983                                                                                            2025




676      be fined by the association under s. 720.305.
677              7.      A member who requires assistance in casting a ballot
678      may seek such assistance as prescribed under s. 101.051.
679              8.      The election must occur on the date of the annual
680      meeting.
681              9.      Notwithstanding this paragraph, an election is not
682      required unless more candidates file notices of intent to run or
683      are nominated than there are vacancies on the board. If the
684      number of board members whose terms expire at the annual meeting
685      equals or exceeds the number of candidates, the candidates
686      become board members effective upon the adjournment of the
687      annual meeting.
688              10.      This paragraph applies to all elections for directors
689      where the process for the election is scheduled to commence on
690      or after October 1, 2025.
691              (b)      A member desiring to be a candidate for board
692      membership must be eligible to be a candidate to serve on the
693      board at the time of the mailing, delivery, or electronic
694      transmission of a notice of intent to be a candidate. Co-owners
695      of a parcel may not serve together as members of the board
696      unless they own more than one parcel, or unless there are not
697      enough eligible candidates to fill the vacancies on the board at
698      the time of the vacancy If an election is not required because
699      there are either an equal number or fewer qualified candidates
700      than vacancies exist, and if nominations from the floor are not

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         CS/HB 983                                                                                            2025




701      required pursuant to this section or the bylaws, write-in
702      nominations are not permitted and such qualified candidates
703      shall commence service on the board of directors, regardless of
704      whether a quorum is attained at the annual meeting. Except as
705      otherwise provided in the governing documents, boards of
706      directors must be elected by a plurality of the votes cast by
707      eligible voters. Any challenge to the election process must be
708      commenced within 60 days after the election results are
709      announced.
710              (b)     A person who is delinquent in the payment of any
711      assessment due to the association is not eligible to be a
712      candidate for board membership any fee, fine, or other monetary
713      obligation to the association on the day that he or she could
714      last nominate himself or herself or be nominated for the board
715      may not seek election to the board, and his or her name may
716      shall not be listed on the ballot. A person serving as a board
717      member who becomes more than 90 days delinquent in the payment
718      of any assessment due to the association is fee, fine, or other
719      monetary obligation to the association shall be deemed to have
720      abandoned his or her seat on the board, creating a vacancy on
721      the board to be filled according to law. For purposes of this
722      paragraph, a person is delinquent if a payment is not made by
723      the due date as specifically identified by the declaration,
724      bylaws, or articles of incorporation. If a due date is not
725      specifically identified by the declaration, bylaws, or articles

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         CS/HB 983                                                                                            2025




726      of incorporation, the due date is the first day of the
727      assessment period the term "any fee, fine, or other monetary
728      obligation" means any delinquency to the association with
729      respect to any parcel. A person who has been convicted of any
730      felony in this state or in a United States District or
731      Territorial Court, or has been convicted of any offense in
732      another jurisdiction which would be considered a felony if
733      committed in this state, may not seek election to the board and
734      is not eligible for board membership unless such felon's civil
735      rights have been restored for at least 5 years as of the date on
736      which such person seeks election to the board. The validity of
737      any action by the board is not affected if it is later
738      determined that a person was ineligible to seek election to the
739      board or that a member of the board is ineligible for board
740      membership.
741              (c)     Any election dispute between a member and an
742      association must be submitted to binding arbitration with the
743      division or filed with a court of competent jurisdiction. Such
744      proceedings that are submitted to binding arbitration with the
745      division must be conducted in the manner provided by s. 718.1255
746      and the procedural rules adopted by the division.
747              (d)     Unless otherwise provided in the bylaws, any vacancy
748      occurring on the board before the expiration of a term may be
749      filled by an affirmative vote of the majority of the remaining
750      directors, even if the remaining directors constitute less than

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         CS/HB 983                                                                                            2025




751      a quorum, or by the sole remaining director. In the alternative,
752      a board may hold an election to fill the vacancy, in which case
753      the election procedures must conform to the requirements of the
754      governing documents. Unless otherwise provided in the bylaws, a
755      board member appointed or elected under this section is
756      appointed for the unexpired term of the seat being filled.
757      Filling vacancies created by recall is governed by s.
758      720.303(10) and rules adopted by the division.
759              (e)     If the staggered term of a board member does not
760      expire until a later annual meeting, or if all the members'
761      terms would otherwise expire but there are no eligible
762      candidates, the terms of all board members must expire at the
763      annual meeting, and such members may stand for reelection unless
764      prohibited by the declaration, bylaws, or articles of
765      incorporation.
766              Section 5.         Section 720.3086, Florida Statutes, is amended
767      to read:
768              720.3086          Financial report.—
769              (1)     In a residential subdivision in which the owners of
770      lots or parcels must pay mandatory maintenance or use amenity
771      fees to the subdivision developer or to the owners of the common
772      areas, recreational facilities, and other properties serving the
773      lots or parcels, the developer or owner of such areas,
774      facilities, or properties shall make public, within 60 days
775      after following the end of each fiscal year, a complete

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         CS/HB 983                                                                                            2025




776      financial report of the actual, total receipts of mandatory
777      maintenance or use amenity fees received by it, and an itemized
778      listing of the expenditures made by it from such fees, for that
779      year. Such report must shall be made public by mailing it to
780      each lot or parcel owner in the subdivision, by publishing it in
781      a publication regularly distributed within the subdivision, or
782      by posting it in prominent locations in the subdivision. This
783      subsection section does not apply to:
784              (a)     Amounts paid to homeowner associations pursuant to
785      chapter 617, chapter 718, chapter 719, chapter 721, or chapter
786      723;, or to
787              (b)     Amounts paid to local governmental entities, including
788      special districts; or
789              (c)     Amounts paid to a private amenities owner. Amounts
790      paid to private amenities owners are governed by subsection (2).
791              (2)     In a residential subdivision in which a parcel owner
792      must pay amenity dues owed to a private amenities owner, the
793      private amenities owner shall make public, within 60 days after
794      the end of each fiscal year, a complete financial report of the
795      actual, total receipts of amenity dues received by the owner and
796      an itemized list of the expenditures the owner made with respect
797      to operational costs, expenses, or other amounts expended with
798      respect to the operation of the privately-owned recreational
799      amenities for that fiscal year. The private amenities owner must
800      make the financial report available for inspection upon written

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         CS/HB 983                                                                                            2025




801      request from a parcel owner within the applicable subdivision.
802      Such report must be made public to each parcel owner who is
803      subject to the payment of the amenity dues by publishing a
804      notice of the report's availability for inspection in a
805      publication regularly distributed within the subdivision or by
806      posting a notice in a prominent location in the subdivision,
807      including in a prominent location within the privately-owned
808      recreational amenities or other such properties. This subsection
809      does not apply to:
810              (a)     Assessments or other amounts paid to homeowners'
811      associations pursuant to chapter 617, chapter 718, chapter 719,
812      chapter 721, or chapter 723; or
813              (b)     Amounts paid to local governmental entities, including
814      special districts.
815              Section 6.         Subsection (1) and paragraphs (a) and (c) of
816      subsection (2) of section 720.311, Florida Statutes, are
817      amended, and subsection (3) is added to that section, to read:
818              720.311       Dispute resolution.—
819              (1)(a)       The Legislature finds that alternative dispute
820      resolution has made progress in reducing court dockets and
821      trials and in offering a more efficient, cost-effective option
822      to litigation. The filing of any petition for arbitration or the
823      serving of a demand for presuit mediation as provided for in
824      this section shall toll the applicable statute of limitations.
825      Any recall dispute filed with the department under s.

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         CS/HB 983                                                                                            2025




826      720.303(10) must shall be conducted by the department in
827      accordance with the provisions of ss. 718.112(2)(l) and 718.1255
828      and the rules adopted by the division. In addition, the
829      department shall conduct binding arbitration of election
830      disputes between a member and an association in accordance with
831      s. 718.1255 and rules adopted by the division. Election disputes
832      and recall disputes are not eligible for presuit mediation;
833      these disputes must be arbitrated by the department or filed in
834      a court of competent jurisdiction. At the conclusion of an
835      arbitration proceeding, the department shall charge the parties
836      a fee in an amount adequate to cover all costs and expenses
837      incurred by the department in conducting the proceeding.
838      Initially, the petitioner shall remit a filing fee of at least
839      $200 to the department. The fees paid to the department shall
840      become a recoverable cost in the arbitration proceeding, and the
841      prevailing party in an arbitration proceeding shall recover its
842      reasonable costs and attorney fees in an amount found reasonable
843      by the arbitrator.
844              (b)     Any action filed pursuant to this section must be
845      tried without a jury. The parties are entitled to an immediate
846      hearing. However, the court may limit the time for taking
847      testimony, considering the circumstances of the matter and the
848      proximity of any succeeding election. Upon the division or the
849      court rendering a judgment or decree against an association and
850      in favor of a parcel owner, the division or the court shall

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         CS/HB 983                                                                                            2025




851      award to the parcel owner reasonable attorney fees and costs
852      incurred in the action. When so awarded, compensation or fees
853      and costs of the attorney may be included in the judgment or
854      decree rendered in the action or in a separate judgment or
855      decree. The party filing an action under this section may
856      request the issuance of a temporary injunction to stay any
857      upcoming election that may occur while the challenge is pending.
858      The department shall adopt rules to effectuate the purposes of
859      this section.
860              (2)(a)       Disputes between an association and a parcel owner
861      regarding use of or changes to the parcel or the common areas
862      and other covenant enforcement disputes, disputes regarding
863      amendments to the association documents, disputes regarding
864      meetings of the board and committees appointed by the board,
865      membership meetings not including election meetings, and access
866      to the official records of the association shall be the subject
867      of a demand for presuit mediation served by an aggrieved party
868      before the dispute is filed in court. Presuit mediation
869      proceedings must be conducted in accordance with the applicable
870      Florida Rules of Civil Procedure, and these proceedings are
871      privileged and confidential to the same extent as court-ordered
872      mediation. Disputes subject to presuit mediation under this
873      section shall not include the collection of any assessment,
874      fine, or other financial obligation, including attorney
875      attorney's fees and costs, claimed to be due or any action to

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         CS/HB 983                                                                                            2025




876      enforce a prior mediation settlement agreement between the
877      parties. Also, in any dispute subject to presuit mediation under
878      this section where emergency relief is required, a motion for
879      temporary injunctive relief may be filed with the court without
880      first complying with the presuit mediation requirements of this
881      section. After any issues regarding emergency or temporary
882      relief are resolved, the court may either refer the parties to a
883      mediation program administered by the courts or require
884      mediation under this section. An arbitrator or judge may not
885      consider any information or evidence arising from the presuit
886      mediation proceeding except in a proceeding to impose sanctions
887      for failure to attend a presuit mediation session or to enforce
888      a mediated settlement agreement. Persons who are not parties to
889      the dispute may not attend the presuit mediation conference
890      without the consent of all parties, except for counsel for the
891      parties and a corporate representative designated by the
892      association. When mediation is attended by a quorum of the
893      board, such mediation is not a board meeting for purposes of
894      notice and participation set forth in s. 720.303. An aggrieved
895      party shall serve on the responding party a written demand to
896      participate in presuit mediation in substantially the following
897      form:
898
899              STATUTORY OFFER TO PARTICIPATE
900              IN PRESUIT MEDIATION

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         CS/HB 983                                                                                            2025




901
902              The alleged aggrieved party, ................, hereby
903              demands that ................, as the responding
904              party, engage in mandatory presuit mediation in
905              connection with the following disputes, which by
906              statute are of a type that are subject to presuit
907              mediation:
908
909              (List specific nature of the dispute or disputes to be
910              mediated and the authority supporting a finding of a
911              violation as to each dispute.)
912
913              Pursuant to section 720.311, Florida Statutes, this
914              demand to resolve the dispute through presuit
915              mediation is required before a lawsuit can be filed
916              concerning the dispute. Pursuant to the statute, the
917              parties are required to engage in presuit mediation
918              with a neutral third-party mediator in order to
919              attempt to resolve this dispute without court action,
920              and the aggrieved party demands that you likewise
921              agree to this process. If you fail to participate in
922              the mediation process, suit may be brought against you
923              without further warning.
924
925              The process of mediation involves a supervised

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         CS/HB 983                                                                                            2025




926              negotiation process in which a trained, neutral third-
927              party mediator meets with both parties and assists
928              them in exploring possible opportunities for resolving
929              part or all of the dispute. By agreeing to participate
930              in presuit mediation, you are not bound in any way to
931              change your position. Furthermore, the mediator has no
932              authority to make any decisions in this matter or to
933              determine who is right or wrong and merely acts as a
934              facilitator to ensure that each party understands the
935              position of the other party and that all options for
936              reasonable settlement are fully explored.
937
938              If an agreement is reached, it shall be reduced to
939              writing and becomes a binding and enforceable
940              commitment of the parties. A resolution of one or more
941              disputes in this fashion avoids the need to litigate
942              these issues in court. The failure to reach an
943              agreement, or the failure of a party to participate in
944              the process, results in the mediator declaring an
945              impasse in the mediation, after which the aggrieved
946              party may proceed to court on all outstanding,
947              unsettled disputes. If you have failed or refused to
948              participate in the entire mediation process, you will
949              not be entitled to recover attorney attorney's fees,
950              even if you prevail.

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         CS/HB 983                                                                                            2025




951
952              The aggrieved party has selected and hereby lists five
953              certified mediators who we believe to be neutral and
954              qualified to mediate the dispute. You have the right
955              to select any one of these mediators. The fact that
956              one party may be familiar with one or more of the
957              listed mediators does not mean that the mediator
958              cannot act as a neutral and impartial facilitator. Any
959              mediator who cannot act in this capacity is required
960              ethically to decline to accept engagement. The
961              mediators that we suggest, and their current hourly
962              rates, are as follows:
963
964              (List the names, addresses, telephone numbers, and
965              hourly rates of the mediators. Other pertinent
966              information about the background of the mediators may
967              be included as an attachment.)
968
969              You may contact the offices of these mediators to
970              confirm that the listed mediators will be neutral and
971              will not show any favoritism toward either party. The
972              Florida Supreme Court can provide you a list of
973              certified mediators.
974
975              Unless otherwise agreed by the parties, section

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          CS/HB 983                                                                                            2025




976               720.311(2)(b), Florida Statutes, requires that the
977               parties share the costs of presuit mediation equally,
978               including the fee charged by the mediator. An average
979               mediation may require three to four hours of the
980               mediator's time, including some preparation time, and
981               the parties would need to share equally the mediator's
982               fees as well as their own attorney attorney's fees if
983               they choose to employ an attorney in connection with
984               the mediation. However, use of an attorney is not
985               required and is at the option of each party. The
986               mediators may require the advance payment of some or
987               all of the anticipated fees. The aggrieved party
988               hereby agrees to pay or prepay one-half of the
989               mediator's estimated fees and to forward this amount
990               or such other reasonable advance deposits as the
991               mediator requires for this purpose. Any funds
992               deposited will be returned to you if these are in
993               excess of your share of the fees incurred.
994
995               To begin your participation in presuit mediation to
996               try to resolve the dispute and avoid further legal
997               action, please sign below and clearly indicate which
998               mediator is acceptable to you. We will then ask the
999               mediator to schedule a mutually convenient time and
1000              place for the mediation conference to be held. The

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          CS/HB 983                                                                                            2025




1001              mediation conference must be held within ninety (90)
1002              days of this date, unless extended by mutual written
1003              agreement. In the event that you fail to respond
1004              within 20 days from the date of this letter, or if you
1005              fail to agree to at least one of the mediators that we
1006              have suggested or to pay or prepay to the mediator
1007              one-half of the costs involved, the aggrieved party
1008              will be authorized to proceed with the filing of a
1009              lawsuit against you without further notice and may
1010              seek an award of attorney attorney's fees or costs
1011              incurred in attempting to obtain mediation.
1012
1013              Therefore, please give this matter your immediate
1014              attention. By law, your response must be mailed by
1015              certified mail, return receipt requested, and by
1016              first-class mail to the address shown on this demand.
1017
1018              ........................
1019              ........................
1020
1021              RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR
1022              AGREEMENT TO THAT CHOICE.
1023
1024                                            AGREEMENT TO MEDIATE
1025

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          CS/HB 983                                                                                            2025




1026              The undersigned hereby agrees to participate in
1027              presuit mediation and agrees to attend a mediation
1028              conducted by the following mediator or mediators who
1029              are listed above as someone who would be acceptable to
1030              mediate this dispute:
1031
1032              (List acceptable mediator or mediators.)
1033
1034              I/we further agree to pay or prepay one-half of the
1035              mediator's fees and to forward such advance deposits
1036              as the mediator may require for this purpose.
1037
1038              ........................
1039              Signature of responding party #1
1040
1041              ........................
1042              Telephone contact information
1043
1044              ........................
1045              Signature and telephone contact information of
1046              responding party #2 (if applicable)(if property is
1047              owned by more than one person, all owners must sign)
1048
1049              (c)     If presuit mediation as described in paragraph (a) is
1050      not successful in resolving all issues between the parties, the

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          CS/HB 983                                                                                            2025




1051      parties may file the unresolved dispute in a court of competent
1052      jurisdiction or elect to enter into binding or nonbinding
1053      arbitration pursuant to the procedures set forth in s. 718.1255
1054      and rules adopted by the division, with the arbitration
1055      proceeding to be conducted by a department arbitrator or by a
1056      private arbitrator certified by the department. If all parties
1057      do not agree to arbitration proceedings following an
1058      unsuccessful presuit mediation, any party may file the dispute
1059      in court. A final order resulting from nonbinding arbitration is
1060      final and enforceable in the courts if a complaint for trial de
1061      novo is not filed in a court of competent jurisdiction within 30
1062      days after entry of the order. As to any issue or dispute that
1063      is not resolved at presuit mediation, and as to any issue that
1064      is settled at presuit mediation but is thereafter subject to an
1065      action seeking enforcement of the mediation settlement, the
1066      prevailing party in any subsequent arbitration or litigation
1067      proceeding shall be entitled to seek recovery of all costs and
1068      attorney attorney's fees incurred in the presuit mediation
1069      process.
1070              (3)     Upon the mediator or the court rendering a judgment or
1071      decree against an association and in favor of a parcel owner,
1072      the mediator or the court shall award to the parcel owner
1073      reasonable attorney fees and costs incurred in the action.
1074      Attorney fees or costs relating to an action for the recall of a
1075      director may only be awarded as provided in this subsection or

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          CS/HB 983                                                                                            2025




1076      as awarded as a sanction pursuant to s. 57.105.
1077              Section 7.         Subsection (1) of section 720.401, Florida
1078      Statutes, is amended to read:
1079              720.401       Prospective purchasers subject to association
1080      membership requirement; disclosure required; covenants;
1081      assessments; contract cancellation.—
1082              (1)(a)       A prospective purchaser parcel owner in a community
1083      must be presented a disclosure summary before executing the
1084      contract for sale. The disclosure summary must be in a form
1085      substantially similar to the following form:
1086                                            DISCLOSURE SUMMARY
1087                                                       FOR
1088                                            (NAME OF COMMUNITY)
1089              1.      AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL
1090      BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION.
1091              2.      THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE
1092      COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS
1093      COMMUNITY.
1094              3.      YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE
1095      ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF
1096      APPLICABLE, THE CURRENT AMOUNT IS $.... PER ..... YOU WILL ALSO
1097      BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE
1098      ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE.
1099      IF APPLICABLE, THE CURRENT AMOUNT IS $.... PER .....
1100              4.      YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE

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          CS/HB 983                                                                                            2025




1101      RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL
1102      ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.
1103              5.      YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS
1104      LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A
1105      LIEN ON YOUR PROPERTY.
1106              6.      THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES
1107      FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN
1108      OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF
1109      APPLICABLE, THE CURRENT AMOUNT IS $.... PER .....
1110              7.      THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE
1111      RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION
1112      MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS.
1113              8.      THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE
1114      ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU
1115      SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING
1116      DOCUMENTS BEFORE PURCHASING PROPERTY.
1117              9.      YOU ACKNOWLEDGE THAT YOU ARE ENTITLED TO RECEIVE A
1118      CURRENT COPY OF THE ASSOCIATION'S BYLAWS, ARTICLES OF
1119      INCORPORATION, DECLARATION OF RESTRICTIONS, RULES AND
1120      REGULATIONS, NOTICES PERTAINING TO SPECIAL ASSESSMENTS, THE MOST
1121      RECENT FINANCIAL STATEMENTS, AND THE AGENDAS AND MINUTES FROM
1122      ALL ASSOCIATION BOARD MEETINGS THAT TOOK PLACE IN THE 12 MONTHS
1123      IMMEDIATELY PRECEDING THE EXECUTION OF THE CONTRACT FOR SALE
1124      THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE
1125      OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY

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          CS/HB 983                                                                                            2025




1126      IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE
1127      DEVELOPER.
1128      DATE:                                                                                    PURCHASER:
1129                                                                                               PURCHASER:
1130      The disclosure summary must be supplied by the developer, or by
1131      the parcel owner if the sale is by an owner that is not the
1132      developer. Any contract or agreement for sale must shall refer
1133      to and incorporate the disclosure summary and shall include, in
1134      prominent language, a statement that the prospective purchaser
1135      potential buyer should not execute the contract or agreement
1136      until he or she has they have received and read the disclosure
1137      summary required by this section.
1138              (b)     Each contract entered into for the sale of property
1139      governed by covenants subject to disclosure required by this
1140      section must contain in conspicuous type a clause that states:
1141      IF THE DISCLOSURE SUMMARY; A CURRENT COPY OF THE ASSOCIATION'S
1142      BYLAWS, ARTICLES OF INCORPORATION, DECLARATION OF RESTRICTIONS,
1143      RULES AND REGULATIONS, NOTICES PERTAINING TO SPECIAL
1144      ASSESSMENTS, AND MOST RECENT FINANCIAL STATEMENTS; AND THE
1145      AGENDAS AND MINUTES FROM ALL ASSOCIATION BOARD MEETINGS THAT
1146      TOOK PLACE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EXECUTION
1147      OF THIS CONTRACT, AS REQUIRED BY SECTION 720.401, FLORIDA
1148      STATUTES, HAVE HAS NOT BEEN PROVIDED TO THE PROSPECTIVE
1149      PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT
1150      IS VOIDABLE BY THE PROSPECTIVE PURCHASER BUYER BY DELIVERING TO

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          CS/HB 983                                                                                            2025




1151      THE SELLER OR THE SELLER'S AGENT OR REPRESENTATIVE WRITTEN
1152      NOTICE OF THE PROSPECTIVE PURCHASER'S BUYER'S INTENTION TO
1153      CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
1154      HOLIDAYS, AFTER RECEIPT OF SUCH DOCUMENTS OR BEFORE THE
1155      DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST.
1156      ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT.
1157      THE PROSPECTIVE PURCHASER'S BUYER'S RIGHT TO VOID THIS CONTRACT
1158      TERMINATES SHALL TERMINATE AT CLOSING.
1159              (c)     If the disclosure summary; a current copy of the
1160      association's bylaws, articles of incorporation, declaration of
1161      restrictions, rules and regulations, notices pertaining to
1162      special assessments, and most recent financial statements; and
1163      the agendas and minutes from all association board meetings that
1164      took place in the 12 months immediately preceding the execution
1165      of a contract are is not provided to a prospective purchaser
1166      before such the purchaser executes a contract for the sale of
1167      property governed by covenants that are subject to disclosure
1168      pursuant to this section, the prospective purchaser may void the
1169      contract by delivering to the seller or the seller's agent or
1170      representative written notice canceling the contract within 3
1171      days, excluding Saturdays, Sundays, and legal holidays, after
1172      receipt of such documents or before the disclosure summary or
1173      prior to closing, whichever occurs first. This right may not be
1174      waived by the prospective purchaser but terminates at closing.
1175              Section 8.         For the purpose of incorporating the amendments

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          CS/HB 983                                                                                            2025




1176      made by this act to section 720.306, Florida Statutes, in a
1177      reference thereto, paragraph (b) of subsection (4) of section
1178      720.3033, Florida Statutes, is reenacted to read:
1179              720.3033          Officers and directors.—
1180              (4)
1181              (b)     The board shall fill the vacancy as provided in s.
1182      720.306(9) until the end of the period of the suspension or the
1183      end of the director's term of office, whichever occurs first. If
1184      such criminal charge is pending against the officer or director,
1185      he or she may not be appointed or elected to a position as an
1186      officer or a director of any association and may not have access
1187      to the official records of any association, except pursuant to a
1188      court order. However, if the charges are resolved without a
1189      finding of guilt or without acceptance of a plea of guilty or
1190      nolo contendere, the director or officer shall be reinstated for
1191      any remainder of his or her term of office.
1192              Section 9.          For the purpose of incorporating the amendment
1193      made by this act to section 720.306, Florida Statutes, in a
1194      reference thereto, subsection (6) of section 720.405, Florida
1195      Statutes, is reenacted to read:
1196              720.405       Organizing committee; parcel owner approval.—
1197              (6)     A majority of the affected parcel owners must agree in
1198      writing to the revived declaration of covenants and governing
1199      documents of the association or approve the revived declaration
1200      and governing documents by a vote at a meeting of the affected

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          CS/HB 983                                                                                            2025




1201      parcel owners noticed and conducted in the manner prescribed by
1202      s. 720.306. Proof of notice of the meeting to all affected
1203      owners of the meeting and the minutes of the meeting recording
1204      the votes of the property owners shall be certified by a court
1205      reporter or an attorney licensed to practice in the state.
1206              Section 10.           Part IV of chapter 720, Florida Statutes,
1207      consisting of ss. 720.408 through 720.413, is created and
1208      entitled "Recreational Covenants."
1209              Section 11.           Section 720.408, Florida Statutes, is created
1210      to read:
1211              720.408       Definitions.—As used in this part, the term:
1212              (1)     "Amenity dues" means all amenity expenses and amenity
1213      fees, collectively, that are charged in accordance with a
1214      recreational covenant. Amenity dues are not homeowners'
1215      association assessments as defined in s. 720.301.
1216              (2) "Amenity expenses" means all costs, whether direct or
1217      indirect, of owning, operating, managing, maintaining, and
1218      insuring privately-owned recreational amenities that are made
1219      available to parcel owners pursuant to a recreational covenant.
1220      The term includes maintenance expenses; cleaning fees; trash
1221      collection expenses; utility charges; cable service charges;
1222      legal fees; management fees; reserve funding expenses; the cost
1223      of repairs, replacement, and refurbishments; payroll and payroll
1224      costs; insurance; working capital; ad valorem or other taxes,
1225      excluding income taxes; and costs, expenses, levies, and charges

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          CS/HB 983                                                                                            2025




1226      of any nature that may be levied or imposed against, or in
1227      connection with, the privately-owned recreational amenities made
1228      available to parcel owners pursuant to a recreational covenant.
1229      Amenity expenses are not homeowners' association assessments as
1230      defined in s. 720.301.
1231              (3)     "Amenity fees" means any amounts, other than amenity
1232      expenses, that are levied against a parcel owner for membership
1233      to or use of privately-owned recreational amenities in
1234      accordance with a recreational covenant. Amenity fees may be
1235      comprised, in part, of profit or other components to be paid to
1236      a private amenities owner as set forth in a recreational
1237      covenant, which are not otherwise categorized as amenity
1238      expenses in this part. Amenity fees are not homeowners'
1239      association assessments as defined in s. 720.301.
1240              (4)     "Private amenities owner" means the record title owner
1241      of privately-owned recreational amenities who is responsible for
1242      the operation and maintenance of the privately-owned
1243      recreational amenities and who may levy amenity dues pursuant to
1244      a recreational covenant. For purposes of this part, the term
1245      does not include corporations not for profit pursuant to chapter
1246      617 or local governmental entities, including special districts.
1247              (5)     "Privately-owned recreational amenities" means
1248      recreational facilities or amenities owned by a private
1249      amenities owner which are intended for recreational use or
1250      leisure activities by a parcel owner through mandatory

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          CS/HB 983                                                                                            2025




1251      membership or use rights established pursuant to a recreational
1252      covenant. The term does not include common areas as defined in
1253      s. 720.301, any property or facilities owned by a corporation
1254      not for profit pursuant to chapter 617, or a local governmental
1255      entity, including a special district.
1256              (6)     "Recreational covenant" means a recorded covenant,
1257      separate and distinct from a declaration of covenants for a
1258      homeowners' association, that sets forth the nature and
1259      requirements for membership, use, or purchase of privately-owned
1260      recreational amenities by parcel owners in one or more
1261      community. A recreational covenant must:
1262              (a)     Be recorded in the public records of the county in
1263      which the property encumbered thereby is located.
1264              (b)     Contain information regarding the amenity dues that
1265      may be levied against a parcel owner or other persons to be
1266      members or permitted to use privately-owned recreational
1267      amenities. The recreational covenant must also contain the
1268      remedies that the private amenities owner or other third party
1269      may have in connection with nonpayment of amenity dues.
1270              (c)     Require mandatory membership or mandatory payment of
1271      amenity dues by some or all of the parcel owners in a community.
1272              Section 12.           Section 720.409, Florida Statutes, is created
1273      to read:
1274              720.409       Legislative findings; purpose; applicability.—
1275              (1)     The Legislature finds that recreational covenants are

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          CS/HB 983                                                                                            2025




1276      widely used throughout this state as a mechanism to provide
1277      enhanced recreational amenities to communities, but these
1278      covenants are largely unregulated. The Legislature also finds
1279      that there is a need to develop certain protections for parcel
1280      owners while encouraging the economic benefit of the development
1281      and availability of privately-owned recreational amenities by
1282      providing the means for private amenities owners to operate such
1283      privately-owned recreational amenities pursuant to a
1284      recreational covenant. The Legislature declares that it is the
1285      public policy of this state that recreational covenants be
1286      governed by this part.
1287              (2)     This part is intended to provide certain protections
1288      for parcel owners and give statutory recognition to the use of
1289      recreational covenants.
1290              (3)     Parcels within a community may be subject to a
1291      recreational covenant. Recreational covenants and any privately-
1292      owned recreational amenities governed by such covenants may only
1293      be governed by this part and s. 720.3086(2).
1294              (4)     This part does not apply to recorded covenants,
1295      agreements, or other documents that are not recreational
1296      covenants.
1297              (5)     This part applies to recreational covenants existing
1298      on or after July 1, 2025.
1299              Section 13.           Section 720.412, Florida Statutes, is created
1300      to read:

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          CS/HB 983                                                                                            2025




1301              720.412       Requirements for recreational covenants.—
1302              (1)      A recreational covenant recorded on or after July 1,
1303      2025, that requires mandatory membership in a club or imposes
1304      mandatory amenity dues on a parcel owner in a community governed
1305      by this chapter must specify all of the following:
1306              (a)      The property or parcels within the community subject
1307      to mandatory membership in a club or subject to mandatory
1308      amenity dues.
1309              (b)      The party responsible for owning, maintaining, and
1310      operating the privately-owned recreational amenities governed by
1311      the recreational covenant.
1312              (c)1.       The manner or process by which amenity dues are
1313      apportioned and collected from the encumbered parcels or parcel
1314      owners and the party responsible for collecting the amenity
1315      dues.
1316              2.      Except as provided in subsection (5), this section does
1317      not preclude additional components to be included in the amenity
1318      dues as long as such components and the description of such
1319      components are stated in the recreational covenant.
1320              (d)      The amount of the amenity fees or, alternatively, if
1321      no specific dollar amount is set forth in the recreational
1322      covenant, the manner in which such amenity fees are calculated
1323      and increased.
1324              (e)      The amount by which amenity fees may be increased,
1325      which may be calculated as a percentage, a fixed dollar amount,

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          CS/HB 983                                                                                            2025




1326      or the consumer price index.
1327              (f)     The rights and remedies that are available to enforce
1328      the payment of amenity dues.
1329              (g)     Whether the collection rights to enforce the payment
1330      of amenity dues are subordinate to an association's right to
1331      collect assessments.
1332              (h)     Whether the privately-owned recreational amenities are
1333      open to the public or may be used by other persons who are not
1334      members or parcel owners within a community.
1335              (i)     The remedies available to a private amenities owner
1336      for the nonpayment of amenity dues.
1337              (2)     A recreational covenant recorded before July 1, 2025:
1338              (a)     That requires mandatory membership in a club or
1339      imposes mandatory amenity dues on a parcel owner in a community
1340      governed by this chapter remains valid and effective as to its
1341      terms as long as such covenant includes the information required
1342      in paragraphs (1)(a)-(d).
1343              (b)     That does not include the information required in
1344      paragraphs (1)(a)-(d) must be amended to include such
1345      information before July 1, 2026, to remain valid and effective.
1346              (c)     That does not specify the amount by which the amenity
1347      fees may be increased as required in paragraph (e) is considered
1348      to include a maximum annual increase of no more than the annual
1349      increase for the current year in the Consumer Price Index for
1350      All Urban Consumers, U.S. City Average, All Items.

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          CS/HB 983                                                                                            2025




1351              (3)     With respect to a recreational covenant recorded on or
1352      after July 1, 2025, and notwithstanding any provision to the
1353      contrary in the recreational covenant, a recreational covenant
1354      that does not specify the amount by which amenity expenses may
1355      be increased is considered to include a maximum annual increase
1356      of no more than 25 percent of the amenity expenses from the
1357      preceding fiscal year. However, a private amenities owner may
1358      increase amenity expenses in excess of such amount if necessary
1359      due to a natural disaster; act of God; increases in insurance
1360      costs, utility rates, supply costs, or labor rates; or any other
1361      circumstances outside of the reasonable control of the private
1362      amenities owner.
1363              (4)     Notwithstanding any provision to the contrary in the
1364      recreational covenant, a homeowners' association does not have
1365      any obligation, duty, or responsibility to collect amenity dues
1366      or to remit amenity dues to the private amenities owner. A
1367      private amenities owner, or his or her management company or
1368      agent, other than the association, is solely responsible for the
1369      collection of amenity dues.
1370              (5)     Amenity expenses may not include any of the following:
1371              (a)     The initial cost of construction of the privately-
1372      owned recreational amenities.
1373              (b)     Any costs or fees associated with a loan acquired for
1374      the construction or purchase of the privately-owned recreational
1375      amenities.

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          CS/HB 983                                                                                            2025




1376              (c)     The cost of a debt service of the private amenities
1377      owner.
1378              (6)     The termination of a recreational covenant or the
1379      right of a private amenities owner to suspend the use of the
1380      privately-owned recreational amenities may not:
1381              (a)     Prohibit a parcel owner or tenant of a parcel owner
1382      from having vehicular and pedestrian ingress to and egress from
1383      the property or parcels subject to the recreational covenant;
1384              (b)     Prohibit a parcel owner or tenant of a parcel owner
1385      from receiving utilities provided to the property or parcels
1386      subject to the recreational covenant by virtue of utility
1387      facilities or utility easements located within the privately-
1388      owned recreational amenities; or
1389              (c)     Prohibit a parcel owner or tenant of a parcel owner
1390      from having access to any mail delivery facilities serving the
1391      property or parcels subject to the recreational covenant which
1392      may be located within the privately-owned recreational
1393      amenities.
1394              (7)     A recreational covenant is not a governing document of
1395      a homeowners' association, even if such recreational covenant is
1396      attached as an exhibit to a declaration of covenants for a
1397      homeowners' association. This subsection is remedial in nature
1398      and intended to clarify existing law.
1399              (8)     It is the intent of the Legislature to respect the
1400      intent of the parties to a real property transaction that

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          CS/HB 983                                                                                            2025




1401      occurred before July 1, 2025, and the parties' reliance on the
1402      covenants, conditions, restrictions, or other interests created
1403      by those transactions. However, this section does not revive or
1404      reinstate any right or interest that has been fully and finally
1405      adjudicated as invalid before July 1, 2025.
1406               Section 14.          Section 720.413, Florida Statutes, is created
1407      to read:
1408               720.413      Disclosure of recreational covenants before the
1409      sale of residential parcels.—
1410               (1)     Beginning July 1, 2025, each contract or agreement for
1411      the sale of a residential parcel that is governed by a
1412      homeowners' association and subject to a recreational covenant
1413      must contain the following disclosure summary in conspicuous
1414      type and in substantially the following form:
1415
1416                                            DISCLOSURE SUMMARY
1417
1418      YOUR PARCEL IS SUBJECT TO A RECREATIONAL COVENANT. AS A
1419      PURCHASER OF PROPERTY SUBJECT TO A RECREATIONAL COVENANT, YOU
1420      ARE OBLIGATED TO PAY AMENITY DUES TO A PRIVATE AMENITIES OWNER.
1421
1422      AS THE PURCHASER OF SUCH PROPERTY, I ACKNOWLEDGE ALL OF THE
1423      FOLLOWING:
1424
1425      1.       THE PROPERTY ON WHICH THE PRIVATELY-OWNED RECREATIONAL

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          CS/HB 983                                                                                            2025




1426      AMENITIES ARE LOCATED, WHICH ARE GOVERNED BY THE RECREATIONAL
1427      COVENANT, IS NOT A COMMON AREA OF THE HOMEOWNERS' ASSOCIATION
1428      AND IS NOT OWNED OR CONTROLLED BY THE HOMEOWNERS' ASSOCIATION.
1429      THE RECREATIONAL COVENANT IS NOT A GOVERNING DOCUMENT OF THE
1430      ASSOCIATION.
1431
1432      2.       THE AMOUNT OF ANY AMENITY DUES IS GOVERNED BY THE
1433      RECREATIONAL COVENANT. SUCH DOCUMENT CONTAINS IMPORTANT
1434      PROVISIONS AND RIGHTS AND IS A PUBLIC RECORD AND AVAILABLE UPON
1435      REQUEST.
1436
1437      3.       THE PRIVATE AMENITIES OWNER DETERMINES THE BUDGET FOR THE
1438      OPERATION AND MAINTENANCE OF THE PRIVATELY-OWNED RECREATIONAL
1439      AMENITIES. HOWEVER, EACH PARCEL OWNER SUBJECT TO THE
1440      RECREATIONAL COVENANT IS STILL RESPONSIBLE FOR AMENITY DUES.
1441
1442      4.       AMENITY DUES MAY BE SUBJECT TO PERIODIC CHANGE. AMENITY DUES
1443      ARE IN ADDITION TO, AND SEPARATE AND DISTINCT FROM, THE
1444      ASSESSMENTS LEVIED BY THE ASSOCIATION.
1445
1446      5.       THE FAILURE TO PAY AMENITY DUES OR OTHER CHARGES LEVIED BY A
1447      PRIVATE AMENITIES OWNER COULD RESULT IN A LIEN ON YOUR PARCEL.
1448
1449      6.       THIRD PARTIES WHO ARE NOT MEMBERS OF THE ASSOCIATION MAY
1450      HAVE THE RIGHT TO ACCESS AND USE THE PRIVATELY-OWNED

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          CS/HB 983                                                                                            2025




1451      RECREATIONAL AMENITIES AS DETERMINED BY THE PRIVATE AMENITIES
1452      OWNER.
1453
1454      7.       THE REQUIREMENT FOR MANDATORY MEMBERSHIP AND THE OBLIGATION
1455      TO PAY AMENITY DUES CAN BE FOUND IN THE RECREATIONAL COVENANT OR
1456      OTHER RECORDED INSTRUMENT.
1457
1458      8.       THE PRIVATE AMENITIES OWNER MAY AMEND THE RECREATIONAL
1459      COVENANT WITHOUT THE APPROVAL OF THE ASSOCIATION OR PARCEL
1460      OWNERS, SUBJECT TO THE TERMS OF THE RECREATIONAL COVENANT AND
1461      SECTION 720.412, FLORIDA STATUTES.
1462
1463      9.       THE STATEMENTS CONTAINED IN THIS DISCLOSURE ARE ONLY SUMMARY
1464      IN NATURE AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO
1465      THE RECREATIONAL COVENANT BEFORE PURCHASING A PARCEL. THE
1466      RECREATIONAL COVENANT IS A MATTER OF PUBLIC RECORD AND MAY BE
1467      OBTAINED FROM THE RECORD OFFICE IN THE COUNTY IN WHICH THE
1468      PARCEL YOU ARE PURCHASING IS LOCATED OR, IF NOT RECORDED, MAY BE
1469      OBTAINED FROM THE DEVELOPER UPON REQUEST.
1470
1471               (2)     The disclosure summary required by this section must
1472      be provided to a prospective purchaser by the developer or the
1473      parcel owner selling the parcel. Any contract or agreement for
1474      sale must refer to and incorporate the disclosure summary and
1475      must include, in prominent language, a statement that the

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          CS/HB 983                                                                                            2025




1476      prospective purchaser should not execute the contract or
1477      agreement for sale until he or she has received and read the
1478      disclosure summary required by this section.
1479              (3)     A contract or agreement for sale is voidable by a
1480      purchaser if the disclosure summary required by this section is
1481      not provided to the purchaser before the execution of the
1482      contract or agreement. In order to void the contract or
1483      agreement, the purchaser must deliver written notice cancelling
1484      the contract or agreement to the seller or the seller's agent or
1485      representative within 3 days after receipt of the disclosure
1486      summary or before closing, whichever occurs first. The
1487      purchaser's right to void a contract or an agreement terminates
1488      at closing. This right may not be waived by the purchaser.
1489              Section 15.           Paragraph (a) of subsection (1) of section
1490      336.125, Florida Statutes, is amended to read:
1491              336.125       Closing and abandonment of roads; optional
1492      conveyance to homeowners' association; traffic control
1493      jurisdiction.—
1494              (1)(a)       In addition to the authority provided in s. 336.12,
1495      the governing body of the county may abandon the roads and
1496      rights-of-way dedicated in a recorded residential subdivision
1497      plat and simultaneously convey the county's interest in such
1498      roads, rights-of-way, and appurtenant drainage facilities to a
1499      homeowners' association for the subdivision, if the following
1500      conditions have been met:

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          CS/HB 983                                                                                            2025




1501              1.      The homeowners' association has requested the
1502      abandonment and conveyance in writing for the purpose of
1503      converting the subdivision to a gated neighborhood with
1504      restricted public access.
1505              2.      No fewer than four-fifths of the owners of record of
1506      property located in the subdivision have consented in writing to
1507      the abandonment and simultaneous conveyance to the homeowners'
1508      association.
1509              3.      The homeowners' association is both a corporation not
1510      for profit organized and in good standing under chapter 617, and
1511      a "homeowners' association" as defined in s. 720.301 s.
1512      720.301(9) with the power to levy and collect assessments for
1513      routine and periodic major maintenance and operation of street
1514      lighting, drainage, sidewalks, and pavement in the subdivision.
1515              4.      The homeowners' association has entered into and
1516      executed such agreements, covenants, warranties, and other
1517      instruments; has provided, or has provided assurance of, such
1518      funds, reserve funds, and funding sources; and has satisfied
1519      such other requirements and conditions as may be established or
1520      imposed by the county with respect to the ongoing operation,
1521      maintenance, and repair and the periodic reconstruction or
1522      replacement of the roads, drainage, street lighting, and
1523      sidewalks in the subdivision after the abandonment by the
1524      county.
1525              Section 16.           Subsection (2) of section 558.002, Florida

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          CS/HB 983                                                                                            2025




1526      Statutes, is amended to read:
1527              558.002       Definitions.—As used in this chapter, the term:
1528              (2)     "Association" has the same meaning as in s. 718.103,
1529      s. 719.103(2), s. 720.301 s. 720.301(9), or s. 723.075.
1530              Section 17.            Section 617.0725, Florida Statutes, is amended
1531      to read:
1532              617.0725          Quorum.—An amendment to the articles of
1533      incorporation or the bylaws which adds, changes, or deletes a
1534      greater or lesser quorum or voting requirement must meet the
1535      same quorum or voting requirement and be adopted by the same
1536      vote and voting groups required to take action under the quorum
1537      and voting requirements then in effect or proposed to be
1538      adopted, whichever is greater. This section does not apply to
1539      any corporation that is an association, as defined in s. 720.301
1540      s. 720.301(9), or any corporation regulated under chapter 718 or
1541      chapter 719.
1542              Section 18.            Paragraph (b) of subsection (1) of section
1543      718.116, Florida Statutes, is amended to read:
1544              718.116       Assessments; liability; lien and priority;
1545      interest; collection.—
1546              (1)
1547              (b)1.       The liability of a first mortgagee or its successor
1548      or assignees who acquire title to a unit by foreclosure or by
1549      deed in lieu of foreclosure for the unpaid assessments that
1550      became due before the mortgagee's acquisition of title is

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          CS/HB 983                                                                                            2025




1551      limited to the lesser of:
1552              a.      The unit's unpaid common expenses and regular periodic
1553      assessments which accrued or came due during the 12 months
1554      immediately preceding the acquisition of title and for which
1555      payment in full has not been received by the association; or
1556              b.      One percent of the original mortgage debt. The
1557      provisions of this paragraph apply only if the first mortgagee
1558      joined the association as a defendant in the foreclosure action.
1559      Joinder of the association is not required if, on the date the
1560      complaint is filed, the association was dissolved or did not
1561      maintain an office or agent for service of process at a location
1562      which was known to or reasonably discoverable by the mortgagee.
1563              2.      An association, or its successor or assignee, that
1564      acquires title to a unit through the foreclosure of its lien for
1565      assessments is not liable for any unpaid assessments, late fees,
1566      interest, or reasonable attorney's fees and costs that came due
1567      before the association's acquisition of title in favor of any
1568      other association, as defined in s. 718.103 or s. 720.301 s.
1569      720.301(9), which holds a superior lien interest on the unit.
1570      This subparagraph is intended to clarify existing law.
1571              Section 19.            Paragraph (d) of subsection (2) of section
1572      720.3085, Florida Statutes, is amended to read:
1573              720.3085          Payment for assessments; lien claims.—
1574              (2)
1575              (d)      An association, or its successor or assignee, that

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          CS/HB 983                                                                                            2025




1576      acquires title to a parcel through the foreclosure of its lien
1577      for assessments is not liable for any unpaid assessments, late
1578      fees, interest, or reasonable attorney's fees and costs that
1579      came due before the association's acquisition of title in favor
1580      of any other association, as defined in s. 718.103 or s. 720.301
1581      s. 720.301(9), which holds a superior lien interest on the
1582      parcel. This paragraph is intended to clarify existing law.
1583              Section 20.           This act shall take effect July 1, 2025.




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               HOUSING, AGRICULTURE, AND TOURISM SUBCOMMITTEE

                               CS/HB 983 by Rep. Porras
                         Relating to Homeowners' Associations

                                 AMENDMENT SUMMARY
                                    April 10, 2025

Amendment 1 by Rep. Porras. (Line 654): The amendment:
  • Prohibits homeowners’ associations from utilizing nominating committees to nominate
     candidates for the board of directors of the association.
  • Authorizes homeowners’ associations to utilize search committees to encourage individuals
     to run for the board of directors of the association.
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. CS/HB 983   (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 Porras offered the following:
4
5           Amendment (with title amendment)
6           Between lines 653 and 654, insert:
7      Associations are prohibited from using nominating committees.
8      Search committees may be used to encourage individuals to run
9      for the board. Search committees have no authority to nominate
10     candidates for the board.
11
12             -----------------------------------------------------
13                          T I T L E    A M E N D M E N T
14          Remove lines 97-98 and insert:
15          board to give written notice of his or her intent
16          within a specified timeframe before the election;
     246923 - h0983-line653.docx
     Published On: 4/9/2025 3:41:41 PM
                                    Page 1 of 2
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/HB 983   (2025)
       Amendment No. 1


17          prohibiting nominating committees; allowing search
18          committees to be used to encourage individuals to run
19          for the board; providing that search committees have
20          no authority to nominate candidates for the board;
21          requiring the




     246923 - h0983-line653.docx
     Published On: 4/9/2025 3:41:41 PM
                                   Page 2 of 2
HB 1245
                                     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 1245                                                         COMPANION BILL: SB 980 (Bernard)
TITLE: Hunger-Free Campus Pilot Program                                 LINKED BILLS: None
SPONSOR(S): Chambliss                                                   RELATED BILLS: None
Committee References
Education Administration    Housing, Agriculture &                          Higher Education Budget               Education & Employment
        16 Y, 0 N                 Tourism                                                                

SUMMARY
Effect of the Bill:
Subject to legislative appropriation, the bill establishes a 1-year Hunger-Free Campus Pilot Program within the
Florida Department of Agriculture and Consumer Services (FDACS), beginning July 1, 2025.

The bill requires the Commissioner of Agriculture (commissioner) to identify the top three institutions with the
highest percentage of Pell Grant-eligible students among all state universities and Florida College System (FCS)
institutions. Those three institutions must participate in the pilot program. The bill establishes participation
requirements such as creating a hunger task force, providing access and assistance to students with the
Supplemental Nutrition Assistance Program, hosting awareness events, and offering food pantries.

Under the bill, the commissioner must submit a report on the pilot program to the Governor and legislature by
January 1, 2027, including its impact on student food insecurity and recommendations for long-term
implementation.

Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on the FDACS for developing the pilot program.
Participating state universities and FCS institutions may also incur costs for implementing the program on their
campuses. Funding appropriated for the program will be used to cover these costs.


JUMP TO                   SUMMARY                         ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
Subject to legislative appropriation, the bill establishes a 1-year Hunger-Free Campus Pilot Program (pilot
program) within the Florida Department of Agriculture and Consumer Services (FDACS), beginning July 1, 2025.
(Sections 1 and 2).

The bill requires the Commissioner of Agriculture (commissioner) to identify the top three institutions with the
highest percentage of Pell Grant-eligible students among all state universities and Florida College System
institutions. Those three institutions must participate in the pilot program. The bill requires each participating
institution to:
     establish a hunger task force;
     designate a staff member responsible for assisting students with enrollment in the Supplemental Nutrition
         Assistance Program (SNAP), as defined in s. 414.456(1), F.S.;
     provide options for students to use SNAP benefits on campus or provide students with information on
         where they may use SNAP benefits in the area surrounding campus;
     host an activity or event during Hunger and Homelessness Awareness Week to promote awareness of
         hunger on the nation’s campuses;
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       provide at least one physical food pantry on campus or enable students to receive food at no cost through a
        separate, stigma-free process;
       develop a student meal credit donation program or designate a certain amount of funds for free food
        vouchers; and
       conduct a student survey on hunger, using a survey instrument developed by the commissioner, and
        submit the results to FDACS.

The bill requires each participating state university or Florida College System (FCS) institution to submit a report
to the FDACS describing how it implemented the program. By January 1, 2027, the commissioner must report on
the program to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The
report must include:
     The impact of the program on establishing hunger-free campuses at participating institutions;
     The impact of the program on reducing the number of students experiencing food insecurities; and
     Recommendations regarding future funding and implementation of the program on a long-term basis.
        (Section 2).

The bill directs the Office of Program Policy Analysis and Government Accountability to conduct a study evaluating
food insecurity on the campuses of Florida’s state universities and FCS institutions. The study must include
recommendations for any changes to general law, Board of Governor’s rules and regulations, or State Board of
Education rules needed to address food insecurity by December 1, 2025. (Section 3).

The bill takes effect July 1, 2025. (Section 4).

RULEMAKING:
The bill authorizes the FDACS to adopt rules to implement the pilot program.

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:

STATE GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on the FDACS for developing the pilot program.
Participating universities may also incur costs for implementing the program on their campuses. Funding
appropriated for the program will be used to cover these costs. (Section 2).


RELEVANT INFORMATION
SUBJECT OVERVIEW:
Hunger on National Campuses

Food Insecurities
Approximately one-third1 of college students and 23 percent of undergraduate students2 in the United States are
food insecure,3 meaning they lack access to adequate, nutritious food. Food insecurity can negatively impact a

1 DeBate et al., Food Insecurity, Well-being, and Academic Success among College Students: Implications for Post

COVID-19 Pandemic Programming, Ecology of Food and Nutrition (October 7, 2021), available at https://www.usf.edu/arts-
sciences/centers/cafshc/documents/food-insecurity-wellbeing-and-academic-success.pdf (last visited April 4, 2025).
2 Florida College Access Network, The Real Cost of College in Florida (2024), available at

https://9a33652e.delivery.rocketcdn.me/wp-content/uploads/2024/07/24-FCAN-CostofAttendance-Brief-web.pdf
3 The Hope Center, 2023-2024 Student Basic Needs Survey Report, https://hope.temple.edu/research/hope-center-basic-needs-

survey/2023-2024-student-basic-needs-survey-report (last visited April 4, 2025).
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students' health, academic performance, and likelihood of graduating.4 Having a low-income is the most common
risk factor associated with food insecurity among college students.5 In Florida, more than half of the students
enrolled in the FCS are low-income and first-generation.6

Supplemental Nutrition Assistance Program
The Supplemental Nutrition Assistance Program (SNAP) is the U.S. Department of Agriculture’s food assistance
program that provides food benefits, nutrition education, and access to a healthy diet for low-income households.7
To be eligible for SNAP, households must have a gross monthly income at or below 130 percent of the poverty line,
have a net income at or below the poverty line, and have assets below certain limits based on whether or not the
household has a member aged 60 or older who has a disability.8 In the 2024 fiscal year, 2,969,000 Florida
residents, or 13 percent of the state population, received SNAP benefits in Florida.9

To qualify for SNAP benefits, students must meet additional criteria beyond the basic SNAP eligibility
requirements,10 such as working a paid job for a minimum of twenty hours a week. The US Government
Accountability Office (GAO) estimates less than two-fifths of food insecure students meet the additional
requirements to meet SNAP eligibility.11 The US GAO reports that 59 percent of students potentially eligible for
SNAP benefits did not report receiving benefits.12

Campus Food Pantry
A campus pantry is a program designed specifically to deliver food, that has not been pre-prepared, to students
who are experiencing food insecurity.13 Most campus pantries have a designated space on campus, serve
exclusively the on-campus community, and are run by staff, students, and faculty. Very few campus pantries have
sizable budgets, but most employ some paid staff, often undergraduate or graduate students, and volunteers
provide additional support.14 Pantries may partner with organizations in the community to keep the shelves and
freezers stocked and raise donations. Mobile pantries may also directly serve students in high need of hunger-
relief.15

Hunger-Free Campuses
The first Hunger-Free Campus bill was originally introduced in California in 2017 by then Assemblywoman
Monique Limón to provide funding to public colleges who are addressing student hunger on campus. Since its




4 U.S. Government Accountability Office, Fighting Food Insecurity Occurs at All Ages, https://www.gao.gov/blog/fighting-food-

insecurity-occurs-all-ages-two-populations-may-get-overlooked (last visited April 4, 2025)
5 U.S. Government Accountability Office, Food Insecurity, https://www.gao.gov/products/gao-19-95 (last visited April 4,

2025).
6
  Florida Department of Education, Affordability in the Florida College System (December 2018), at 2, available at
https://www.fldoe.org/core/fileparse.php/7724/urlt/FCS18-Affordability.pdf.
7 Benefits.gov, Florida Food Assistance Program (SNAP), What is Florida Food Assistance Program (SNAP)?,

https://www.benefits.gov/benefit/1244#:~:text=The%20United%20States%20Department%20of,nutrition%20to%20low%
2Dincome%20households (last visited April 4, 2025).
8 Center on Budget Policy and Priorities, A Quick Guide to SNAP Eligibility and Benefits, https://www.cbpp.org/research/food-

assistance/a-quick-guide-to-snap-eligibility-and-benefits#_ftn5 (last visited April 4, 2025).
9 Center on Budget and Policy Priorities, Florida Supplemental Nutrition Assistance Program (January 21, 2025), available at

https://www.cbpp.org/sites/default/files/atoms/files/snap_factsheet_florida.pdf.
10 7 C.F.R. § 273.5. See also, U.S. Department of Agriculture, Students, Frequently Asked Questions,

https://www.fns.usda.gov/snap/students (last visited April 4, 2025).
11 U.S. Government Accountability Office, Supplemental Nutrition Assistance Program:

Estimated Eligibility and Receipt among Food Insecure College Students (June 24, 2024), available at
https://www.gao.gov/products/gao-24-107074 (last visited April 4, 2025).
12 Id.
13 College and University Food Bank Alliance, Campus Food Pantries: Insights from a National Survey, at 3, available at

https://cufba.org/wp-content/uploads/2019/03/2018-CUFBA-Report-web-2.pdf
14 Id., at 1.
15 Feeding Florida, Mobile Pantries, https://www.feedingflorida.org/food-access/mobile-pantries. Feeding Florida consists of

12-member food banks within its mobile pantry program. (last visited April 4, 2025).
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passage in California,16 additional states have formally passed Hunger-Free Campus legislation, including
Louisiana,17 Oklahoma,18 New Jersey,19 Maryland,20 Minnesota,21 Massachusetts,22 and Washington.23

OTHER RESOURCES:
State University System of Florida: Campus Food Pantries (2015)

                                                     BILL HISTORY
                                                                                         STAFF
                                                                                       DIRECTOR/         ANALYSIS
COMMITTEE REFERENCE                              ACTION                DATE           POLICY CHIEF     PREPARED BY
Education Administration                         16 Y, 0 N           3/19/2025            Sleap            Dixon
Subcommittee
Housing, Agriculture & Tourism                                                                Curtin      Rodriguez
Subcommittee
Higher Education Budget
Subcommittee
Education & Employment
Committee




16 Cal. Educ. Code § 66027.8 (2017)
17 Louisiana State Legislature (2022), HB 888, Act No. 719.
18 Oklahoma State Legislature. (2022), Hunger-Free Campus Act, H.B. 3417, 58th Legislature.
19 N.J. Stat. Ann. § 18A:62-60 (2019)
20 Md. Code Ann., Educ. § 11-1703 (2021)
21 Minn. Stat. § 135A.137 (2021)
22 Mass. Gen. Laws ch. 15A, § 2 (2021)
23 Wash. Rev. Code §§ 28B.92.200, 28B.92.205 (2019)

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           HB 1245                                                                                               2025




    1                                         A bill to be entitled
    2                An act relating to the Hunger-Free Campus Pilot
    3                Program; providing a short title; establishing the
    4                pilot program within the Department of Agriculture and
    5                Consumer Services for a specified period; providing
    6                the purpose of the pilot program; defining the terms
    7                "commissioner" and "department"; requiring the
    8                Commissioner of Agriculture to identify the three
    9                state universities or Florida College System
10                   institutions with the highest percentage of Pell
11                   Grant-eligible students for participation in the pilot
12                   program; requiring the commissioner to develop a
13                   specified survey instrument; providing requirements
14                   for participating universities and institutions;
15                   requiring participating universities and institutions
16                   to submit a report to the department; requiring the
17                   commissioner to submit a report to the Governor and
18                   the Legislature by a specified date; specifying
19                   requirements for the reports; authorizing the
20                   department to adopt rules; requiring the Office of
21                   Program Policy Analysis and Government Accountability
22                   to conduct a study to evaluate food insecurity on the
23                   campuses of state universities and Florida College
24                   System institutions; providing requirements for the
25                   office and the study; requiring the office to submit a

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26                report to the Legislature by a specified date;
27                providing an effective date.
28
29      Be It Enacted by the Legislature of the State of Florida:
30
31                Section 1.       This act may be cited as the "Hunger-Free
32      Campus Act."
33                Section 2.       (1)     Subject to legislative appropriation, the
34      Hunger-Free Campus Pilot Program is established within the
35      Department of Agriculture and Consumer Services to support
36      efforts to fight hunger on the campuses of public postsecondary
37      educational institutions. The program is established for a
38      period of 1 year, beginning July 1, 2025.
39                (2)     For purposes of this section, the term:
40                (a)     "Commissioner" means the Commissioner of Agriculture.
41                (b)     "Department" means the Department of Agriculture and
42      Consumer Services.
43                (3)(a)      The commissioner shall identify from among all
44      state universities and Florida College System institutions the
45      three that have the highest percentage of Pell Grant-eligible
46      students, which universities or institutions shall participate
47      in the program.
48                (b)     The commissioner shall also develop the survey
49      instrument described in subsection (4).
50                (4)     A participating state university or Florida College

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51      System institution shall:
52                (a)     Establish a hunger task force, which must include
53      representatives from the student body and meet at least three
54      times during the life of the pilot program. The task force shall
55      set at least two goals to address hunger on campus, each
56      accompanied by an action plan.
57                (b)     Designate a staff member responsible for assisting
58      students with enrollment in the Supplemental Nutrition
59      Assistance Program (SNAP) as defined in s. 414.456(1), Florida
60      Statutes.
61                (c)     Provide options that enable students to use SNAP
62      benefits on campus or provide students with information on
63      authorized SNAP retailers in the area surrounding the campus
64      where they may use SNAP electronic benefit transfer cards.
65                (d)     Host an activity or event during Hunger and
66      Homelessness Awareness Week to promote awareness of hunger on
67      the nation's campuses.
68                (e)     Provide at least one physical food pantry on campus or
69      enable students to receive food at no cost through a stigma-free
70      process. The campus may partner with a local food bank or food
71      pantry to comply with this paragraph.
72                (f)     Develop a student meal credit donation program or
73      designate funds that might be raised through such a program for
74      free food vouchers.
75                (g)     Conduct a student survey on hunger, using a survey

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76       instrument developed by the commissioner, and submit the results
77       of the survey and a best practices campus profile to the
78       department by a date prescribed by the department for inclusion
79       in a comparative profile of each campus designated as a hunger-
80       free campus.
81                 (5)(a)      Each participating state university or Florida
82       College System institution shall submit a report to the
83       department, in a manner prescribed by the department, which
84       describes how it implemented the program and the program
85       results.
86                 (b)     The commissioner shall submit a report on the program
87       to the Governor, the President of the Senate, and the Speaker of
88       the House of Representatives by January 1, 2027. The report must
89       include, but need not be limited to, the impact of the program
90       on establishing hunger-free campuses at participating state
91       universities or Florida College System institutions; the impact
92       of the program on reducing the number of students at such
93       universities and institutions who are experiencing food
94       insecurity; and recommendations regarding future funding and
95       implementation of the program on a long-term basis.
96                 (6)     The department may adopt rules to implement the
97       program.
98                 Section 3.       (1)     The Office of Program Policy Analysis and
99       Government Accountability (OPPAGA) shall conduct a study to
100      evaluate food insecurity on the campuses of state universities

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101      and Florida College System institutions.
102                (2)     The study must include recommendations for any changes
103      to general law, Board of Governors' rules and regulations, or
104      State Board of Education rules needed to address food insecurity
105      on the campuses of state universities and Florida College System
106      institutions.
107                (3)     In conducting the study, OPPAGA shall consult with the
108      Board of Governors of the State University System, the board of
109      trustees of the Florida College System, the Department of
110      Education, and any other relevant stakeholders.
111                (4)     OPPAGA shall submit a report on its findings to the
112      President of the Senate and the Speaker of the House of
113      Representatives by December 1, 2025.
114                Section 4.       This act shall take effect July 1, 2025.




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