PCS for CS/HB 579, Land Use and Development — Florida House of Representatives (2025)
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- 2025 3285 Commerce Committee Proposed Committee Bills Pcbs Fn Pcs For Cshb 579A
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- 2025 3285 Commerce Committee Proposed Committee Bills Pcbs Fn Pcs For Cshb 579A
Summary
A Florida House of Representatives bill draft, PCS for CS/HB 579 (2025), a 33-page act relating to land use and development. Its amendments to sections 125.022 and 166.033, Florida Statutes, require counties and municipalities to specify minimum application information, set decision timeframes of 120 days and 180 days for development permits, define a substantive change as a change of 15 percent or more, and require application fee refunds when timeframes are missed. The bill title also lists provisions on ethanol production from plants, alternative school concurrency fees, building permit fees, and recreational covenants and amenity dues in the Homeowners' Association Act. Section 15 provides that the act takes effect October 1, 2025.
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“PCS for CS/HB 579, Land Use and Development — Florida House of Representatives (2025).”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3285-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-cshb-579a/
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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
PCS for CS/HB 579 2025
1 A bill to be entitled
2 An act relating to land use and development; amending
3 ss. 125.022 and 166.033, F.S.; requiring counties and
4 municipalities, respectively, to meet specified
5 requirements regarding the minimum information
6 necessary for certain zoning applications; revising
7 timeframes for processing applications for approvals
8 of development permits or development orders; defining
9 the term "substantive change"; providing a refund
10 requirement in situations in which the county or
11 municipality, respectively, fails to meet certain
12 timeframes; providing exceptions; amending s.
13 163.3162, F.S.; providing that ethanol from certain
14 plants or plant products do not constitute chemical
15 manufacturing or chemical refining; amending s.
16 163.3180, F.S.; prohibiting a school district from
17 collecting, charging, or imposing any alternative fee
18 for concurrency for educational facilities that does
19 not meet certain requirements; providing standard of
20 review for legal action challenging such fees;
21 amending s. 553.80, F.S.; specifying certain purposes
22 for which local governments may use certain fees to
23 carry out activities related to obtaining and
24 finalizing a building permit; amending s. 720.301,
25 F.S.; revising and providing definitions; amending s.
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26 720.302, F.S.; revising applicability of the
27 Homeowners' Association Act; amending s. 720.3086,
28 F.S.; revising the persons to whom and the method by
29 which a certain financial report must be made
30 available; creating s. 720.319, F.S.; specifying that
31 certain parcels may be subject to a recreational
32 covenant and that certain recreational facilities and
33 amenities are not a part of a common area; prohibiting
34 the imposition or collection of amenity dues except as
35 provided in a recreational covenant; limiting the
36 annual increase in amenity dues; providing
37 requirements for certain recreational covenants
38 recorded on or after a certain date; requiring that a
39 recreational covenant recorded before a certain date
40 comply with specified requirements to remain valid and
41 effective; limiting the annual increases in amenity
42 dues in certain circumstances; providing construction;
43 prohibiting a recreational covenant from requiring an
44 association to collect amenity dues; requiring a
45 specified disclosure summary for contracts for the
46 sale of certain parcels; providing construction;
47 amending ss. 336.125, 558.002, 617.0725, 718.116, and
48 720.3085, F.S.; conforming cross-references; providing
49 an effective date.
50
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51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Section 125.022, Florida Statutes, is amended
54 to read:
55 125.022 Development permits and orders.—
56 (1) A county shall specify in writing the minimum
57 information that must be submitted in an application for a
58 zoning approval, rezoning approval, subdivision approval,
59 certification, special exception, or variance. A county shall
60 make such information available for inspection and copying at
61 the location where the county receives applications for
62 development permits and orders, provide the information to the
63 applicant at a preapplication meeting, or post the information
64 on the county's website.
65 (2)(1) Within 5 business days after receiving an
66 application for approval of a development permit or development
67 order, a county shall confirm receipt of the application using
68 contact information provided by the applicant. Within 30 days
69 after receiving an application for approval of a development
70 permit or development order, a county must review the
71 application for completeness and issue a written notification to
72 the applicant letter indicating that all required information is
73 submitted or specify in writing specifying with particularity
74 any areas that are deficient. If the application is deficient,
75 the applicant has 30 days to address the deficiencies by
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76 submitting the required additional information. For applications
77 that do not require final action through a quasi-judicial
78 hearing or a public hearing, the county must approve, approve
79 with conditions, or deny the application for a development
80 permit or development order within 120 days after the county has
81 deemed the application complete., or 180 days For applications
82 that require final action through a quasi-judicial hearing or a
83 public hearing, the county must approve, approve with
84 conditions, or deny the application for a development permit or
85 development order within 180 days after the county has deemed
86 the application complete. Both parties may agree in writing or
87 in a public meeting or hearing to a reasonable request for an
88 extension of time, particularly in the event of a force majeure
89 or other extraordinary circumstance. An approval, approval with
90 conditions, or denial of the application for a development
91 permit or development order must include written findings
92 supporting the county's decision. The timeframes contained in
93 this subsection do not apply in an area of critical state
94 concern, as designated in s. 380.0552. The timeframes contained
95 in this subsection restart if an applicant makes a substantive
96 change to the application. As used in this subsection, the term
97 "substantive change" means an applicant-initiated change of 15
98 percent or more in the proposed density, intensity, or square
99 footage of a parcel.
100
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101 This subsection is intended to be remedial and clarifying in
102 nature and shall apply retroactively to January 1, 2022.
103 (3)(2)(a) When reviewing an application for a development
104 permit or development order that is certified by a professional
105 listed in s. 403.0877, a county may not request additional
106 information from the applicant more than three times, unless the
107 applicant waives the limitation in writing.
108 (b) If a county makes a request for additional information
109 and the applicant submits the required additional information
110 within 30 days after receiving the request, the county must
111 review the application for completeness and issue a letter
112 indicating that all required information has been submitted or
113 specify with particularity any areas that are deficient within
114 30 days after receiving the additional information.
115 (c) If a county makes a second request for additional
116 information and the applicant submits the required additional
117 information within 30 days after receiving the request, the
118 county must review the application for completeness and issue a
119 letter indicating that all required information has been
120 submitted or specify with particularity any areas that are
121 deficient within 10 days after receiving the additional
122 information.
123 (d) Before a third request for additional information, the
124 applicant must be offered a meeting to attempt to resolve
125 outstanding issues. If a county makes a third request for
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126 additional information and the applicant submits the required
127 additional information within 30 days after receiving the
128 request, the county must deem the application complete within 10
129 days after receiving the additional information or proceed to
130 process the application for approval or denial unless the
131 applicant waived the county's limitation in writing as described
132 in paragraph (a).
133 (e) Except as provided in subsection (7) (5), if the
134 applicant believes the request for additional information is not
135 authorized by ordinance, rule, statute, or other legal
136 authority, the county, at the applicant's request, shall proceed
137 to process the application for approval or denial.
138 (4) A county must issue a refund to an applicant equal to:
139 (a) Ten percent of the application fee if the county fails
140 to issue written notification of completeness or written
141 specification of areas of deficiency within 30 days after
142 receiving the application.
143 (b) Ten percent of the application fee if the county fails
144 to issue written notification of completeness or written
145 specification of areas of deficiency within 30 days after
146 receiving the additional information pursuant to paragraph
147 (3)(b).
148 (c) Twenty percent of the application fee if the county
149 fails to issue written notification of completeness or written
150 specification of areas of deficiency within 10 days after
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151 receiving the additional information pursuant to paragraph
152 (3)(c).
153 (d) Fifty percent of the application fee if the county
154 fails to approve, approves with conditions, or denies the
155 application within 30 days after conclusion of the 120-day or
156 180-day timeframe specified in subsection (2).
157 (e) One hundred percent of the application fee if the
158 county fails to approve, approves with conditions, or denies an
159 application 31 days or more after conclusion of the 120-day or
160 180-day timeframe specified in subsection (2).
161
162 A county is not required to issue a refund if the applicant and
163 the county agree to an extension of time, the delay is caused by
164 the applicant, or the delay is attributable to a force majeure
165 or other extraordinary circumstance.
166 (5)(3) When a county denies an application for a
167 development permit or development order, the county shall give
168 written notice to the applicant. The notice must include a
169 citation to the applicable portions of an ordinance, rule,
170 statute, or other legal authority for the denial of the permit
171 or order.
172 (6)(4) As used in this section, the terms "development
173 permit" and "development order" have the same meaning as in s.
174 163.3164, but do not include building permits.
175 (7)(5) For any development permit application filed with
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176 the county after July 1, 2012, a county may not require as a
177 condition of processing or issuing a development permit or
178 development order that an applicant obtain a permit or approval
179 from any state or federal agency unless the agency has issued a
180 final agency action that denies the federal or state permit
181 before the county action on the local development permit.
182 (8)(6) Issuance of a development permit or development
183 order by a county does not in any way create any rights on the
184 part of the applicant to obtain a permit from a state or federal
185 agency and does not create any liability on the part of the
186 county for issuance of the permit if the applicant fails to
187 obtain requisite approvals or fulfill the obligations imposed by
188 a state or federal agency or undertakes actions that result in a
189 violation of state or federal law. A county shall attach such a
190 disclaimer to the issuance of a development permit and shall
191 include a permit condition that all other applicable state or
192 federal permits be obtained before commencement of the
193 development.
194 (9)(7) This section does not prohibit a county from
195 providing information to an applicant regarding what other state
196 or federal permits may apply.
197 Section 2. Subsection (5) is added to section 163.3162,
198 Florida Statutes, to read:
199 163.3162 Agricultural lands and practices.—
200 (5) Production of ethanol from plants or plant products as
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201 defined in s. 581.011(27) by fermentation, distillation, or
202 drying does not constitute chemical manufacturing or chemical
203 refining. This subsection is intended to be remedial and
204 clarifying in nature and shall apply retroactively to any law,
205 regulation, or ordinance or any interpretation thereof.
206 Section 3. Section 166.033, Florida Statutes, is amended
207 to read:
208 166.033 Development permits and orders.—
209 (1) A municipality shall specify in writing the minimum
210 information that must be submitted for an application for a
211 zoning approval, rezoning approval, subdivision approval,
212 certification, special exception, or variance. A municipality
213 shall make such information available for inspection and copying
214 at the location where the municipality receives applications for
215 development permits and orders, provide the information to the
216 applicant at a preapplication meeting, or post the information
217 on the municipality's website.
218 (2)(1) Within 5 business days after receiving an
219 application for approval of a development permit or development
220 order, a municipality shall confirm receipt of the application
221 using contact information provided by the applicant. Within 30
222 days after receiving an application for approval of a
223 development permit or development order, a municipality must
224 review the application for completeness and issue a written
225 notification to the applicant letter indicating that all
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226 required information is submitted or specify in writing
227 specifying with particularity any areas that are deficient. If
228 the application is deficient, the applicant has 30 days to
229 address the deficiencies by submitting the required additional
230 information. For applications that do not require final action
231 through a quasi-judicial hearing or a public hearing, the
232 municipality must approve, approve with conditions, or deny the
233 application for a development permit or development order within
234 120 days after the municipality has deemed the application
235 complete., or 180 days For applications that require final
236 action through a quasi-judicial hearing or a public hearing, the
237 municipality must approve, approve with conditions, or deny the
238 application for a development permit or development order within
239 180 days after the municipality has deemed the application
240 complete. Both parties may agree in writing or in a public
241 meeting or hearing to a reasonable request for an extension of
242 time, particularly in the event of a force majeure or other
243 extraordinary circumstance. An approval, approval with
244 conditions, or denial of the application for a development
245 permit or development order must include written findings
246 supporting the municipality's decision. The timeframes contained
247 in this subsection do not apply in an area of critical state
248 concern, as designated in s. 380.0552 or chapter 28-36, Florida
249 Administrative Code. The timeframes contained in this subsection
250 restart if an applicant makes a substantive change to the
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251 application. As used in this subsection, the term "substantive
252 change" means an applicant-initiated change of 15 percent or
253 more in the proposed density, intensity, or square footage of a
254 parcel.
255
256 This subsection is intended to be remedial and clarifying in
257 nature and shall apply retroactively to January 1, 2022.
258 (3)(2)(a) When reviewing an application for a development
259 permit or development order that is certified by a professional
260 listed in s. 403.0877, a municipality may not request additional
261 information from the applicant more than three times, unless the
262 applicant waives the limitation in writing.
263 (b) If a municipality makes a request for additional
264 information and the applicant submits the required additional
265 information within 30 days after receiving the request, the
266 municipality must review the application for completeness and
267 issue a letter indicating that all required information has been
268 submitted or specify with particularity any areas that are
269 deficient within 30 days after receiving the additional
270 information.
271 (c) If a municipality makes a second request for
272 additional information and the applicant submits the required
273 additional information within 30 days after receiving the
274 request, the municipality must review the application for
275 completeness and issue a letter indicating that all required
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276 information has been submitted or specify with particularity any
277 areas that are deficient within 10 days after receiving the
278 additional information.
279 (d) Before a third request for additional information, the
280 applicant must be offered a meeting to attempt to resolve
281 outstanding issues. If a municipality makes a third request for
282 additional information and the applicant submits the required
283 additional information within 30 days after receiving the
284 request, the municipality must deem the application complete
285 within 10 days after receiving the additional information or
286 proceed to process the application for approval or denial unless
287 the applicant waived the municipality's limitation in writing as
288 described in paragraph (a).
289 (e) Except as provided in subsection (7) (5), if the
290 applicant believes the request for additional information is not
291 authorized by ordinance, rule, statute, or other legal
292 authority, the municipality, at the applicant's request, shall
293 proceed to process the application for approval or denial.
294 (4) A municipality must issue a refund to an applicant
295 equal to:
296 (a) Ten percent of the application fee if the municipality
297 fails to issue written notification of completeness or written
298 specification of areas of deficiency within 30 days after
299 receiving the application.
300 (b) Ten percent of the application fee if the municipality
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301 fails to issue written notification of completeness or written
302 specification of areas of deficiency within 30 days after
303 receiving the additional information pursuant to paragraph
304 (3)(b).
305 (c) Twenty percent of the application fee if the
306 municipality fails to issue written notification of completeness
307 or written specification of areas of deficiency within 10 days
308 after receiving the additional information pursuant to paragraph
309 (3)(c).
310 (d) Fifty percent of the application fee if the
311 municipality fails to approve, approves with conditions, or
312 denies the application within 30 days after conclusion of the
313 120-day or 180-day timeframe specified in subsection (2).
314 (e) One hundred percent of the application fee if the
315 municipality fails to approve, approves with conditions, or
316 denies an application 31 days or more after conclusion of the
317 120-day or 180-day timeframe specified in subsection (2).
318
319 A municipality is not required to issue a refund if the
320 applicant and the municipality agree to an extension of time,
321 the delay is caused by the applicant, or the delay is
322 attributable to a force majeure or other extraordinary
323 circumstance.
324 (5)(3) When a municipality denies an application for a
325 development permit or development order, the municipality shall
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326 give written notice to the applicant. The notice must include a
327 citation to the applicable portions of an ordinance, rule,
328 statute, or other legal authority for the denial of the permit
329 or order.
330 (6)(4) As used in this section, the terms "development
331 permit" and "development order" have the same meaning as in s.
332 163.3164, but do not include building permits.
333 (7)(5) For any development permit application filed with
334 the municipality after July 1, 2012, a municipality may not
335 require as a condition of processing or issuing a development
336 permit or development order that an applicant obtain a permit or
337 approval from any state or federal agency unless the agency has
338 issued a final agency action that denies the federal or state
339 permit before the municipal action on the local development
340 permit.
341 (8)(6) Issuance of a development permit or development
342 order by a municipality does not create any right on the part of
343 an applicant to obtain a permit from a state or federal agency
344 and does not create any liability on the part of the
345 municipality for issuance of the permit if the applicant fails
346 to obtain requisite approvals or fulfill the obligations imposed
347 by a state or federal agency or undertakes actions that result
348 in a violation of state or federal law. A municipality shall
349 attach such a disclaimer to the issuance of development permits
350 and shall include a permit condition that all other applicable
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351 state or federal permits be obtained before commencement of the
352 development.
353 (9)(7) This section does not prohibit a municipality from
354 providing information to an applicant regarding what other state
355 or federal permits may apply.
356 Section 4. Paragraph (j) of subsection (6) of section
357 163.3180, Florida Statutes, is redesignated as paragraph (k),
358 and a new paragraph (j) is added to that subsection to read:
359 163.3180 Concurrency.—
360 (6)
361 (j) A school district may not collect, charge, or impose
362 any alternative fee in lieu of an impact fee to mitigate the
363 impact of development on educational facilities unless such fee
364 meets the requirements of s. 163.31801(4)(f) and (g). In any
365 action challenging a fee under this paragraph, the school
366 district has the burden of proving by a preponderance of the
367 evidence that the imposition and amount of the fee meets the
368 requirements of state legal precedent.
369 Section 5. Paragraph (a) of subsection (7) of section
370 553.80, Florida Statutes, is amended to read:
371 553.80 Enforcement.—
372 (7)(a) The governing bodies of local governments may
373 provide a schedule of reasonable fees, as authorized by s.
374 125.56(2) or s. 166.222 and this section, for enforcing this
375 part. These fees, and any fines or investment earnings related
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376 to the fees, may only be used for carrying out the local
377 government's responsibilities in enforcing the Florida Building
378 Code, including but not limited to any process or enforcement
379 related to obtaining or finalizing a building permit. When
380 providing a schedule of reasonable fees, the total estimated
381 annual revenue derived from fees, and the fines and investment
382 earnings related to the fees, may not exceed the total estimated
383 annual costs of allowable activities. Any unexpended balances
384 must be carried forward to future years for allowable activities
385 or must be refunded at the discretion of the local government. A
386 local government may not carry forward an amount exceeding the
387 average of its operating budget for enforcing the Florida
388 Building Code for the previous 4 fiscal years. For purposes of
389 this subsection, the term "operating budget" does not include
390 reserve amounts. Any amount exceeding this limit must be used as
391 authorized in subparagraph 2. However, a local government that
392 established, as of January 1, 2019, a Building Inspections Fund
393 Advisory Board consisting of five members from the construction
394 stakeholder community and carries an unexpended balance in
395 excess of the average of its operating budget for the previous 4
396 fiscal years may continue to carry such excess funds forward
397 upon the recommendation of the advisory board. The basis for a
398 fee structure for allowable activities must relate to the level
399 of service provided by the local government and must include
400 consideration for refunding fees due to reduced services based
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401 on services provided as prescribed by s. 553.791, but not
402 provided by the local government. Fees charged must be
403 consistently applied.
404 1. As used in this subsection, the phrase "enforcing the
405 Florida Building Code" includes the direct costs and reasonable
406 indirect costs associated with review of building plans,
407 building inspections, reinspections, and building permit
408 processing; building code enforcement; and fire inspections
409 associated with new construction. The phrase may also include
410 training costs associated with the enforcement of the Florida
411 Building Code and enforcement action pertaining to unlicensed
412 contractor activity to the extent not funded by other user fees.
413 2. A local government must use any excess funds that it is
414 prohibited from carrying forward to rebate and reduce fees, to
415 upgrade technology hardware and software systems to enhance
416 service delivery, to pay for the construction of a building or
417 structure that houses a local government's building code
418 enforcement agency, or for training programs for building
419 officials, inspectors, or plans examiners associated with the
420 enforcement of the Florida Building Code. Excess funds used to
421 construct such a building or structure must be designated for
422 such purpose by the local government and may not be carried
423 forward for more than 4 consecutive years. An owner or builder
424 who has a valid building permit issued by a local government for
425 a fee, or an association of owners or builders located in the
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426 state that has members with valid building permits issued by a
427 local government for a fee, may bring a civil action against the
428 local government that issued the permit for a fee to enforce
429 this subparagraph.
430 3. The following activities may not be funded with fees
431 adopted for enforcing the Florida Building Code:
432 a. Planning and zoning or other general government
433 activities not related to obtaining a building permit.
434 b. Inspections of public buildings for a reduced fee or no
435 fee.
436 c. Public information requests, community functions,
437 boards, and any program not directly related to enforcement of
438 the Florida Building Code.
439 d. Enforcement and implementation of any other local
440 ordinance, excluding validly adopted local amendments to the
441 Florida Building Code and excluding any local ordinance directly
442 related to enforcing the Florida Building Code as defined in
443 subparagraph 1.
444 4. A local government must use recognized management,
445 accounting, and oversight practices to ensure that fees, fines,
446 and investment earnings generated under this subsection are
447 maintained and allocated or used solely for the purposes
448 described in subparagraph 1.
449 5. The local enforcement agency, independent district, or
450 special district may not require at any time, including at the
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451 time of application for a permit, the payment of any additional
452 fees, charges, or expenses associated with:
453 a. Providing proof of licensure under chapter 489;
454 b. Recording or filing a license issued under this
455 chapter;
456 c. Providing, recording, or filing evidence of workers'
457 compensation insurance coverage as required by chapter 440; or
458 d. Charging surcharges or other similar fees not directly
459 related to enforcing the Florida Building Code.
460 Section 6. Subsections (1), (8), and (10) of section
461 720.301, Florida Statutes, are amended, current subsection (13)
462 is renumbered as subsection (14), and a new subsection (13) is
463 created to read:
464 720.301 Definitions.—As used in this chapter, the term:
465 (1) "Amenity dues" means dues charged in accordance with a
466 recreational covenant. The term does not include the expenses of
467 a homeowners’ association.
468 (2)(1) "Assessment" or "amenity fee" means a sum or sums
469 of money payable to the association, to the developer or other
470 owner of common areas, or to recreational facilities and other
471 properties serving the parcels by the owners of one or more
472 parcels as authorized in the governing documents, which if not
473 paid by the owner of a parcel, can result in a lien against the
474 parcel by the association.
475 (9)(a)(8) "Governing documents" means:
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476 1.(a) The recorded declaration of covenants for a
477 community and all duly adopted and recorded amendments,
478 supplements, and recorded exhibits thereto; and
479 2.(b) The articles of incorporation and bylaws of the
480 homeowners' association and any duly adopted amendments thereto.
481 (b) Consistent with s. 720.302(3)(c), recreational
482 covenants respecting privately-owned recreational amenities are
483 not governing documents of an association, even if the
484 recreational covenants are attached as exhibits to, or
485 referenced in, a declaration of covenants.
486 (11)(10) "Member" means a member of an association, and
487 may include, but is not limited to, a parcel owner or an
488 association representing parcel owners or a combination thereof,
489 and includes any person or entity obligated by the governing
490 documents to pay an assessment or amenity fee to the
491 association.
492 (14) "Recreational covenant" means a recorded covenant,
493 separate and distinct from a declaration of covenants, which
494 provides the nature and requirements of a membership in or the
495 use or purchase of privately owned commercial recreational
496 facilities or amenities for parcel owners in one or more
497 communities or community development districts and which:
498 (a) Is recorded in the public records of the county in
499 which the recreational facility or amenity or a property
500 encumbered thereby is located;
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501 (b) Contains information regarding the amenity dues that
502 may be imposed on members and other persons permitted to use the
503 recreational facility or amenity and remedies that the
504 recreational facility or amenity owner or other third party may
505 have upon nonpayment of such amenity dues; and
506 (c) Requires mandatory membership or mandatory payment of
507 amenity dues by some or all of the parcel owners in a community.
508 Section 7. Subsection (3) of section 720.302, Florida
509 Statutes, is amended, and subsection (6) is added to that
510 section, to read:
511 720.302 Purposes, scope, and application.—
512 (3) This chapter does not apply to:
513 (a) A community that is composed of property primarily
514 intended for commercial, industrial, or other nonresidential
515 use; or
516 (b) The commercial or industrial parcels in a community
517 that contains both residential parcels and parcels intended for
518 commercial or industrial use; or
519 (c) Privately-owned recreational amenities.
520 (6) This chapter does not apply to recreational covenants
521 or recreational facilities or amenities governed by a
522 recreational covenant except as provided in ss. 720.3086 and
523 720.319.
524 Section 8. Section 720.3086, Florida Statutes, is amended
525 to read:
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526 720.3086 Financial report.—In a residential subdivision in
527 which the owners of lots or parcels must pay mandatory
528 maintenance or amenity dues fees to the subdivision developer or
529 to the owners of the common areas, recreational facilities,
530 amenities, and or other properties serving the lots or parcels,
531 the developer or owner of such areas, facilities, amenities or
532 properties shall make public, within 60 days following the end
533 of each fiscal year, a complete financial report of the actual,
534 total receipts of mandatory maintenance or amenity dues fees
535 received by it, and an itemized listing of the expenditures made
536 for the operational costs, expenses, or other amounts expended
537 for the operation of such facilities, amenities, or properties
538 by it from such fees, for that year. Such report shall be made
539 public by mailing it to each lot or parcel owner in the
540 subdivision who is subject to the payment of such amenity dues,
541 by publishing it in a publication regularly distributed within
542 the subdivision, or by posting it in a prominent location
543 locations in the subdivision and in each such facility, amenity,
544 or property. The report must also be made available to a parcel
545 owner within the subdivision who makes a written request to
546 inspect the report. This section does not apply to assessments
547 or other amounts paid to homeowner associations pursuant to
548 chapter 617, chapter 718, chapter 719, chapter 721, or chapter
549 723, or to amounts paid to local governmental entities,
550 including special districts.
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551 Section 9. Section 720.319, Florida Statutes, is created
552 to read:
553 720.319 Parcels subject to a recreational covenant.—
554 (1) A parcel within a community may be subject to a
555 recreational covenant. Recreational facilities and amenities
556 governed by a recreational covenant are not a part of a common
557 area.
558 (2) Amenity dues may only be imposed and collected as
559 provided in a recreational covenant. Amenity dues may not be
560 increased by more than 10 percent from the preceding fiscal
561 year, unless the parcel owners subject to the recreational
562 covenant, by a majority vote, approve an increase in excess of
563 10 percent.
564 (3) If the recreational facilities or amenities are
565 intended to be converted to another use or sold, the parcels
566 which are subject to mandatory membership in a club or to the
567 imposition of mandatory amenities dues, or the association
568 responsible for governing the parcels, shall have the right of
569 first refusal to purchase the facilities or amenities at fair
570 market value, and shall be given notice at least 180 days prior
571 to the intended conversion or sale. In the event that a
572 recreational covenant recorded before October 1, 2025 contains a
573 purchase price or formula for determining the purchase price,
574 then the terms of the recreational covenant shall govern the
575 purchase and sale of the facilities or amenities.
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576 (4) A recreational covenant recorded on or after October
577 1, 2025, which creates mandatory membership in a club or imposes
578 mandatory amenity dues on parcel owners must specify all of the
579 following:
580 (a) The parcels within the community which are or will be
581 subject to mandatory membership in a club or to the imposition
582 of mandatory amenity dues.
583 (b) The person responsible for owning, maintaining, and
584 operating the recreational facility or amenity governed by the
585 recreational covenant, which may be the developer.
586 (c) The manner in which amenity dues are apportioned and
587 collected from each encumbered parcel owner, and the person
588 authorized to collect such dues. The recreational covenant must
589 specify the components that comprise the amenity dues.
590 (d) The manner in which amenity dues may be increased,
591 which increase may occur periodically by a fixed percentage, a
592 fixed dollar amount, or in accordance with increases in the
593 Consumer Price Index for All Urban Consumers released in January
594 of each year.
595 (e) The rights and remedies that are available relating to
596 payment and collection of amenity dues.
597 (f) A statement of whether collection rights to enforce
598 payment of amenity dues are subordinate to an association's
599 right to collect assessments.
600 (g) A statement of whether the recreational facility or
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601 amenity is open to the public or may be used by persons who are
602 not members or parcel owners within the community.
603 (5) A recreational covenant recorded before October 1,
604 2025, must comply with the requirements of subsection (4) by
605 October 1, 2026, to remain valid and effective after that date.
606 (6) Notwithstanding any provision in a recreational
607 covenant to the contrary, a recreational covenant may not
608 require an association to collect amenity dues on behalf of a
609 private third-party commercial recreational facility or amenity
610 owner. The private third-party commercial recreational facility
611 or amenity owner is solely responsible for the collection of
612 such dues.
613 (7) The termination of a recreational covenant or the
614 right of a private amenity owner to suspend the right of a
615 parcel owner to use a privately owned recreational facility or
616 amenity may not:
617 (a) Prohibit an owner or a tenant of a parcel from having
618 vehicular and pedestrian ingress to and egress from the parcel;
619 (b) Prohibit an owner or a tenant of a parcel from
620 receiving utilities provided to the parcel by virtue of utility
621 facilities or utility easements located within the privately
622 owned recreational facility or amenity; or
623 (c) Prohibit an owner or a tenant of a parcel from having
624 access to any mail delivery facility serving the parcel which is
625 located within the privately owned recreational facility or
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626 amenity.
627 (8) Beginning October 1, 2025, each contract for the sale
628 of a parcel which is governed by an association and is also
629 subject to a recreational covenant must contain in conspicuous
630 type a clause that substantially states the following, if the
631 contract does not already contain a disclosure that meets the
632 requirements of the Interstate Land Sales Full Disclosure Act of
633 1968, as amended:
634
635 DISCLOSURE SUMMARY
636
637 YOUR LOT, DWELLING, AND/OR PARCEL IS SUBJECT TO A
638 RECREATIONAL COVENANT, AS DEFINED IN SECTION 720.301,
639 FLORIDA STATUTES. AS A PURCHASER OF PROPERTY SUBJECT
640 TO THE RECREATIONAL COVENANT, YOU WILL BE OBLIGATED TO
641 PAY AMENITY DUES TO A PRIVATE THIRD-PARTY COMMERCIAL
642 RECREATIONAL FACILITY OR AMENITY OWNER.
643
644 BUYER ACKNOWLEDGES ALL OF THE FOLLOWING:
645
646 (1) THE RECREATIONAL FACILITY OR AMENITY GOVERNED BY
647 THE RECREATIONAL COVENANT IS NOT A COMMON AREA OF THE
648 HOMEOWNERS' ASSOCIATION AND IS NOT OWNED OR CONTROLLED
649 BY THE HOMEOWNERS' ASSOCIATION. THE RECREATIONAL
650 COVENANT IS NOT A GOVERNING DOCUMENT OF THE
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651 ASSOCIATION.
652
653 (2) CHARGES FOR AMENITY DUES WILL BE GOVERNED BY THE
654 RECREATIONAL COVENANT. THE RECREATIONAL COVENANT
655 CONTAINS IMPORTANT PROVISIONS AND RIGHTS AND IS
656 AVAILABLE IN THE PUBLIC RECORDS OF THE COUNTY.
657
658 (3) THE PARTY THAT CONTROLS THE MAINTENANCE AND
659 OPERATION OF THE RECREATIONAL FACILITY OR AMENITY
660 DETERMINES THE BUDGET FOR THE OPERATION AND
661 MAINTENANCE OF SUCH RECREATIONAL FACILITY OR AMENITY.
662 HOWEVER, THE PARCEL OWNERS SUBJECT TO THE RECREATIONAL
663 COVENANT ARE STILL RESPONSIBLE FOR AMENITY DUES.
664
665 (4) AMENITY DUES MAY BE SUBJECT TO PERIODIC CHANGE.
666 AMENITY DUES ARE IN ADDITION TO, AND SEPARATE AND
667 DISTINCT FROM, ASSESSMENTS LEVIED BY THE HOMEOWNERS'
668 ASSOCIATION.
669
670 (5) FAILURE TO PAY AMENITY DUES OR OTHER CHARGES
671 IMPOSED BY A PRIVATE THIRD-PARTY COMMERCIAL
672 RECREATIONAL FACILITY OR AMENITY OWNER MAY RESULT IN A
673 LIEN ON YOUR PROPERTY.
674
675 (6) THIRD PARTIES WHO ARE NOT MEMBERS OF THE
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676 HOMEOWNERS' ASSOCIATION MAY HAVE THE RIGHT TO ACCESS
677 AND USE THE RECREATIONAL FACILITY OR AMENITY, AS
678 DETERMINED BY THE ENTITY THAT CONTROLS SUCH FACILITY
679 OR AMENITY.
680
681 (7) MANDATORY MEMBERSHIP REQUIREMENTS OR OTHER
682 OBLIGATIONS TO PAY AMENITY DUES CAN BE FOUND IN THE
683 RECREATIONAL COVENANT.
684
685 (8) THE PRIVATE THIRD-PARTY COMMERCIAL RECREATIONAL
686 FACILITY OR AMENITY OWNER MAY HAVE THE RIGHT TO AMEND
687 THE RECREATIONAL COVENANT WITHOUT THE APPROVAL OF
688 MEMBERS OR PARCEL OWNERS, SUBJECT TO THE TERMS OF THE
689 RECREATIONAL COVENANT AND SECTION 720.319, FLORIDA
690 STATUTES.
691
692 (9) THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM
693 ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE
694 PURCHASER, YOU SHOULD REFER TO THE RECREATIONAL
695 COVENANT BEFORE PURCHASE. THE RECREATIONAL COVENANT IS
696 A MATTER OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE
697 RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS
698 LOCATED.
699
700 (9) This section may not be construed to impair the
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701 validity or effectiveness of a recreational covenant recorded
702 before October 1, 2025, except as provided in subsection (5).
703 (10) The disclosure summary required by this section must
704 be supplied by the developer or, if the sale is by a parcel
705 owner that is not the developer, by the parcel owner. After
706 October 1, 2025, any contract or agreement for sale for a parcel
707 which is governed by a homeowners’ association and is also
708 subject to a recreational covenant must refer to and incorporate
709 the disclosure summary and must include, in prominent language,
710 a statement that the potential buyer should not execute the
711 contract or agreement until they have received and read the
712 disclosure summary required by this section.
713 (11) After October 1, 2025, if the disclosure summary is
714 not provided to a prospective purchaser as required by this
715 section, the purchaser may void the contract by delivering to
716 the seller or the seller’s agent or representative written
717 notice canceling the contract within 3 days after receipt of the
718 disclosure summary or before closing, whichever occurs later.
719 This right may not be waived by the purchaser but terminates at
720 closing.
721 (12) This section shall not apply to a corporation not for
722 profit pursuant to chapter 617 or a local governmental entity,
723 including, but not limited to, a special district created
724 pursuant to chapter 189 or chapter 190.
725 Section 10. Paragraph (a) of subsection (1) of section
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726 336.125, Florida Statutes, is amended to read:
727 336.125 Closing and abandonment of roads; optional
728 conveyance to homeowners' association; traffic control
729 jurisdiction.—
730 (1)(a) In addition to the authority provided in s. 336.12,
731 the governing body of the county may abandon the roads and
732 rights-of-way dedicated in a recorded residential subdivision
733 plat and simultaneously convey the county's interest in such
734 roads, rights-of-way, and appurtenant drainage facilities to a
735 homeowners' association for the subdivision, if the following
736 conditions have been met:
737 1. The homeowners' association has requested the
738 abandonment and conveyance in writing for the purpose of
739 converting the subdivision to a gated neighborhood with
740 restricted public access.
741 2. No fewer than four-fifths of the owners of record of
742 property located in the subdivision have consented in writing to
743 the abandonment and simultaneous conveyance to the homeowners'
744 association.
745 3. The homeowners' association is both a corporation not
746 for profit organized and in good standing under chapter 617, and
747 a "homeowners' association" as defined in s. 720.301(10) s.
748 720.301(9) with the power to levy and collect assessments for
749 routine and periodic major maintenance and operation of street
750 lighting, drainage, sidewalks, and pavement in the subdivision.
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751 4. The homeowners' association has entered into and
752 executed such agreements, covenants, warranties, and other
753 instruments; has provided, or has provided assurance of, such
754 funds, reserve funds, and funding sources; and has satisfied
755 such other requirements and conditions as may be established or
756 imposed by the county with respect to the ongoing operation,
757 maintenance, and repair and the periodic reconstruction or
758 replacement of the roads, drainage, street lighting, and
759 sidewalks in the subdivision after the abandonment by the
760 county.
761 Section 11. Subsection (2) of section 558.002, Florida
762 Statutes, is amended to read:
763 558.002 Definitions.—As used in this chapter, the term:
764 (2) "Association" has the same meaning as in s. 718.103,
765 s. 719.103(2), s. 720.301(10) s. 720.301(9), or s. 723.075.
766 Section 12. Section 617.0725, Florida Statutes, is amended
767 to read:
768 617.0725 Quorum.—An amendment to the articles of
769 incorporation or the bylaws which adds, changes, or deletes a
770 greater or lesser quorum or voting requirement must meet the
771 same quorum or voting requirement and be adopted by the same
772 vote and voting groups required to take action under the quorum
773 and voting requirements then in effect or proposed to be
774 adopted, whichever is greater. This section does not apply to
775 any corporation that is an association, as defined in s.
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776 720.301(10) s. 720.301(9), or any corporation regulated under
777 chapter 718 or chapter 719.
778 Section 13. Paragraph (b) of subsection (1) of section
779 718.116, Florida Statutes, is amended to read:
780 718.116 Assessments; liability; lien and priority;
781 interest; collection.—
782 (1)
783 (b)1. The liability of a first mortgagee or its successor
784 or assignees who acquire title to a unit by foreclosure or by
785 deed in lieu of foreclosure for the unpaid assessments that
786 became due before the mortgagee's acquisition of title is
787 limited to the lesser of:
788 a. The unit's unpaid common expenses and regular periodic
789 assessments which accrued or came due during the 12 months
790 immediately preceding the acquisition of title and for which
791 payment in full has not been received by the association; or
792 b. One percent of the original mortgage debt. The
793 provisions of this paragraph apply only if the first mortgagee
794 joined the association as a defendant in the foreclosure action.
795 Joinder of the association is not required if, on the date the
796 complaint is filed, the association was dissolved or did not
797 maintain an office or agent for service of process at a location
798 which was known to or reasonably discoverable by the mortgagee.
799 2. An association, or its successor or assignee, that
800 acquires title to a unit through the foreclosure of its lien for
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801 assessments is not liable for any unpaid assessments, late fees,
802 interest, or reasonable attorney's fees and costs that came due
803 before the association's acquisition of title in favor of any
804 other association, as defined in s. 718.103 or s. 720.301(10) s.
805 720.301(9), which holds a superior lien interest on the unit.
806 This subparagraph is intended to clarify existing law.
807 Section 14. Paragraph (d) of subsection (2) of section
808 720.3085, Florida Statutes, is amended to read:
809 720.3085 Payment for assessments; lien claims.—
810 (2)
811 (d) An association, or its successor or assignee, that
812 acquires title to a parcel through the foreclosure of its lien
813 for assessments is not liable for any unpaid assessments, late
814 fees, interest, or reasonable attorney's fees and costs that
815 came due before the association's acquisition of title in favor
816 of any other association, as defined in s. 718.103 or s.
817 720.301(10) s. 720.301(9), which holds a superior lien interest
818 on the parcel. This paragraph is intended to clarify existing
819 law.
820 Section 15. This act shall take effect October 1, 2025.
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