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).”
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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WITHDRAWN (Y/N)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
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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
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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
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