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Committee/Subcommittee Amendment No. 5 to PCS for CS/HB 579 (2025)

Summary

Amendment No. 5 to PCS for CS/HB 579 (2025) is offered by Representative Overdorf for the Commerce Committee. It removes lines 495-583 and inserts Sections 6 and 7, which amend Florida Statutes on homeowners' association definitions and the scope of the chapter. A new definition of "recreational covenant" covers a recorded covenant, separate and distinct from a declaration of covenants, on membership in or use or purchase of privately owned commercial recreational facilities or amenities. Recreational covenants respecting privately-owned recreational amenities are not governing documents of an association, and the chapter does not apply to them except as provided in two cited sections.

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“Committee/Subcommittee Amendment No. 5 to PCS for CS/HB 579 (2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3285-commerce-committee-proposed-committee-bill-amendments-fn-pcs-8fd78eff5f/, SHA-256 29c0011c641e06830e979daf985d3cfc1ddf62da610be1436d4b175045ccfb1a.

Full text

                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                        Bill No. PCS for CS/HB 579     (2025)
       Amendment No. 5




            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       WITHDRAWN                     (Y/N)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:       Commerce Committee
2      Representative Overdorf offered the following:
3
4           Amendment
5           Remove lines 495-583 and insert:
6           Section 6.     Subsections (1), (8), and (10) of section
7      720.301, Florida Statutes, are amended, current subsection (13)
8      is renumbered as subsection (14), and a new subsection (13) is
9      created to read:
10          (1)    "Assessment" or "amenity fee" means a sum or sums of
11     money payable to the association, to the developer or other
12     owner of common areas, or to recreational facilities and other
13     properties serving the parcels by the owners of one or more
14     parcels as authorized in the governing documents, which if not
15     paid by the owner of a parcel, can result in a lien against the
16     parcel by the association.
     PCS for CSHB 579 a5
     Published On: 4/14/2025 7:26:05 PM
                                    Page 1 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                         Bill No. PCS for CS/HB 579     (2025)
       Amendment No. 5


17          (8)(a) "Governing documents" means:
18          1.(a)     the recorded declaration of covenants for a
19     community and all duly adopted and recorded amendments,
20     supplements, and recorded exhibits thereto; and
21          2.(b)     the articles of incorporation and bylaws of the
22     homeowners' association and any duly adopted amendments thereto.
23          (b)     Consistent with s. 720.302(3)(b), recreational
24     covenants respecting privately-owned recreational amenities are
25     not governing documents of an association, even if the
26     recreational covenants are attached as exhibits to, or
27     referenced in, a declaration of covenants.
28          (10)     "Member" means a member of an association, and may
29     include, but is not limited to, a parcel owner or an association
30     representing parcel owners or a combination thereof, and
31     includes any person or entity obligated by the governing
32     documents to pay an assessment or amenity fee to the
33     association.
34          (13)     "Recreational covenant" means a recorded covenant,
35     separate and distinct from a declaration of covenants, which
36     provides the nature and requirements of a membership in or the
37     use or purchase of privately owned commercial recreational
38     facilities or amenities for parcel owners in one or more
39     communities or community development districts and which:




     PCS for CSHB 579 a5
     Published On: 4/14/2025 7:26:05 PM
                                     Page 2 of 4
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                         Bill No. PCS for CS/HB 579     (2025)
       Amendment No. 5


40          (a)   Is recorded in the public records of the county in
41     which the recreational facility or amenity or a property
42     encumbered thereby is located;
43          (b)   Contains information regarding the amenity dues that
44     may be imposed on members and other persons permitted to use the
45     recreational facility or amenity and remedies that the
46     recreational facility or amenity owner or other third party may
47     have upon nonpayment of such amenity fees; and
48          (c)   Requires mandatory membership or mandatory payment of
49     amenity dues by some or all of the parcel owners in a community.
50          Section 7.     Subsection (3) of section 720.302, Florida
51     Statutes, is amended, and subsection (6) is added to that
52     section, to read:
53          720.302   Purposes, scope, and application.—
54          (3)   This chapter does not apply to:
55          (a)   A community that is composed of property primarily
56     intended for commercial, industrial, or other nonresidential
57     use; or
58          (b)   The commercial or industrial parcels in a community
59     that contains both residential parcels and parcels intended for
60     commercial or industrial use; or
61          (c)   Privately-owned recreational amenities.
62          (6)   This chapter does not apply to recreational covenants
63     or recreational facilities or amenities governed by a


     PCS for CSHB 579 a5
     Published On: 4/14/2025 7:26:05 PM
                                     Page 3 of 4
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                      Bill No. PCS for CS/HB 579    (2025)
       Amendment No. 5


64     recreational covenant except as provided in ss. 720.3086 and
65     720.319.




     PCS for CSHB 579 a5
     Published On: 4/14/2025 7:26:05 PM
                                  Page 4 of 4


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