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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“Meeting Packet — Housing, Agriculture & Tourism Subcommittee, Florida House (April 10, 2025).”
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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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2
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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4
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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5
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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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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11
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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13
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
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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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
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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;
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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
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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;
STORAGE NAME: h1245b.HAT
DATE: 4/8/2025
1
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).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
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).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
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)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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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File and source
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