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Housing, Agriculture & Tourism Subcommittee Meeting Packet, January 13, 2026

Summary

A meeting packet of the Housing, Agriculture & Tourism Subcommittee of the Florida House of Representatives for Tuesday, January 13, 2026, 3:30 PM - 5:30 PM. The notice lists consideration of HB 465 Community Association Management, HB 7007 OGSR/Small Business Loan Program Information and HB 7011 OGSR/Aquaculture Records. The staff bill analysis of HB 465 states that it requires condominium associations, cooperative associations and homeowners' associations with total annual revenues of $500,000 or more to contract with a community association management firm, with an effective date of January 1, 2027. The packet ends with the text of HB 7011, which removes the scheduled repeal of a public records exemption for certain aquaculture records.

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“Housing, Agriculture & Tourism Subcommittee Meeting Packet, January 13, 2026.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-01-13-3287-housing-agriculture-tourism-subcommittee-meeting-packe-cfed5ff637/, SHA-256 300e969228eb618d55d900592a84b299ee4175dbdbe4f7bebbb66f94dfc4778a.

Full text

         Housing, Agriculture & Tourism
                Subcommittee
               Tuesday, January 13, 2026
                   3:30 PM - 5:30 PM
                 Morris Hall (17 HOB)




                    Meeting Packet




Daniel Perez                               Michelle Salzman
Speaker                                                Chair
                                      Committee Meeting Notice
                                            HOUSE OF REPRESENTATIVES




                               Housing, Agriculture & Tourism Subcommittee

Start Date and Time:             Tuesday, January 13, 2026 03:30 PM

End Date and Time:               Tuesday, January 13, 2026 05:30 PM

Location:                        Morris Hall (17 HOB)
Duration:                        2.00 hrs


Consideration of the following bill(s):

HB 465 Community Association Management by Nix
HB 7007 OGSR/Small Business Loan Program Information by Government Operations Subcommittee, Sapp
HB 7011 OGSR/Aquaculture Records by Government Operations Subcommittee, Gentry




                            NOTICE FINALIZED on 01/09/2026 4:28PM by Young.Kimberly


 01/09/2026    04:28:54PM                               Leagis ®                                   Page 1 of 1
HB 465
                                     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 465                                                          COMPANION BILL: SB 822 (Gruters)
TITLE: Community Association Management                                 LINKED BILLS: None
SPONSOR(S): Nix                                                         RELATED BILLS: None
Committee References
          Housing, Agriculture & Tourism                                                                 Commerce
                                                                       

SUMMARY
Effect of the Bill:
The bill requires condominium associations, cooperative associations, and homeowners’ associations with total
annual revenues of $500,000 or more to contract with a community association management firm (CAM firm). The
bill requires the same for condominium associations that operate a multicondominium, regardless of the amount of
annual revenue.

The bill clarifies that CAM firms that contract with a condominium association, cooperative association, or
homeowners’ association must possess all applicable licenses. The bill requires each board member and officer of
the foregoing associations to ensure that a CAM or CAM firm is properly licensed before entering into a contract
with that CAM or CAM firm.

Fiscal or Economic Impact:
The bill will have an indeterminate fiscal impact on the private sector.
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ANALYSIS
EFFECT OF THE BILL:
Condominium Associations
The bill requires condominium associations with total annual revenues of $500,000 or more to contract with a
community association management (CAM) firm. The bill clarifies that each board member and officer of a
condominium association has a duty to ensure that a CAM or CAM firm is properly licensed before entering into a
contract with that CAM or CAM firm. (Section 1.)

The bill also requires a condominium association that operates a multicondominium to contract with a CAM firm,
regardless of the amount of annual revenue. The bill specifies that the CAM firm must possess all applicable
licenses required by part VIII of chapter 468, F.S. (Section 2.)

The bill provides that each board member and officer of a condominium association that contracts with a CAM or
CAM firm has a duty to ensure that the CAM or CAM firm is properly licensed before entering into a contract with
that CAM or CAM firm. (Sections 1 and 2.)

Cooperative Associations
The bill requires cooperative associations with total annual revenues of $500,000 or more to contract with a CAM
firm. The bill specifies that the CAM firm must possess all applicable licenses required by part VIII of chapter 468,
F.S. (Section 3.)




STORAGE NAME: h0465.HAT
DATE: 1/9/2026
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                                                                                                           HB 465
The bill provides that each board member and officer of a cooperative association that contracts with a CAM or
CAM firm has a duty to ensure that the CAM or CAM firm is properly licensed before entering into a contract with
that CAM or CAM firm. (Section 3.)

Homeowners’ Associations
The bill requires homeowners’ associations with total annual revenues of $500,000 or more to contract with a CAM
firm. The bill specifies that the CAM firm must have all applicable licenses required by part VIII of chapter 468, F.S.
(Section 4.)

The bill provides that each board member and officer of a homeowners’ association that contracts with a CAM or
CAM firm has a duty to ensure that the CAM or CAM firm is properly licensed before entering into a contract with
that CAM or CAM firm. (Section 4.)

The bill has an effective date of January 1, 2027. (Section 5.)

FISCAL OR ECONOMIC IMPACT:

PRIVATE SECTOR:
The bill will likely increase costs for community associations subject to the bill that do not already contract with a
CAM firm. A request for a formal analysis was submitted to the Department of Business and Professional
Regulation on January 5, 2026.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Community Associations
A community association is a residential association in which membership is a condition of ownership of a unit in a
planned unit development, or of a lot for a home or a mobile home, or of a townhouse, villa, condominium,
cooperative, or other residential unit which is part of a residential development scheme and which is authorized to
impose a fee which may become a lien on the parcel.1

The table below summarizes the three major types of community associations recognized in Florida,2 the Florida
laws that govern them, and the type of ownership specific to each association:
        Community Association                      Ownership Structure                     Governed By
        Condominium Association “Condominium” means that form of ownership of             Ch. 718, F.S.
                                    real property created pursuant to ch. 718, F.S.,
                                    which is comprised entirely of units that may be
                                    owned by one or more persons, and in which there
                                    is, appurtenant to each unit, an undivided share in
                                    common elements.3
        Cooperative Association     “Cooperative” means that form of ownership of         Ch. 719, F.S.
                                    real property wherein legal title is vested in a
                                    corporation or other entity and the beneficial use is
                                    evidenced by an ownership interest in the
                                    cooperative association and a lease or other
                                    evidence of title or possession granted by the



1 S. 468.431(1), F.S.
2 Other community associations recognized in Florida include vacation and timeshare plans. See ch. 721, F.S.
3 S. 718.103(12), F.S.

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                                         cooperative association as the owner of all the
                                         cooperative property.4
          Homeowners’ Association        “Homeowners’ association” means a Florida                    Ch. 720, F.S.
                                         corporation responsible for the operation of a
                                         community or a mobile home subdivision in which
                                         the voting membership is made up of parcel
                                         owners or their agents, or a combination thereof,
                                         and in which membership is a mandatory
                                         condition of parcel ownership, and which is
                                         authorized to impose assessments that, if unpaid,
                                         may become a lien on the parcel.5

Under Florida law, condominium associations, cooperative associations, and homeowners’ associations with total
revenues of $500,000 or more are required to prepare audited financial statements.6

Community Association Management
Community association managers (CAMs) and community association management firms (CAM firms) provide
community association management services, which means any of the following practices requiring substantial
specialized knowledge, judgement, and managerial skill when done for pay and when the community
association(s) served contain more than ten units or have an annual budget(s) in excess of $100,000:
     Controlling or disbursing funds of an association;
     Preparing budgets or other financial documents for an association;
     Assisting in the noticing or conduct of association meetings;
     Determining the number of days required for statutory notices;
     Determining amounts due to the association;
     Collecting amounts due to the association before the filing of a civil action;
     Calculating the votes required for a quorum or to approve a proposition or amendment.;
     Completing forms related to the management of an association that have been created by statute or by a
        state agency;
     Drafting meeting notices and agendas;
     Calculating and preparing certificates of assessment and estoppel certificates;
     Responding to requests for certificates of assessment and estoppel certificates;
     Negotiating monetary or performance terms of a contract subject to approval by an association;
     Drafting pre-arbitration demands;
     Coordinating or performing maintenance for real or personal property and other related routine services
        involved in the operation of an association; and
     Complying with an association’s governing documents and the requirements of law as necessary to
        perform any of the above activities.7




4 S. 719.103(12), F.S.
5 S. 720.301(9), F.S. The term “homeowners’ association” does not include a community development district or other similar

special taxing district created pursuant to statute.
6 For condominium associations, see s. 718.111(13)(a)3., F.S. For cooperative associations, see s. 719.104(4)(b)3., F.S. For

homeowners’ associations, see s. 720.303(7)(a)3., F.S.
7 S. 468.431(2), F.S.

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Licensure and Regulation
CAMs and CAM firms are licensed and regulated by the Department of Business and Professional Regulation
(DBPR), and the Regulatory Council of Community Association Managers (Council) within DBPR, pursuant to part
VIII of chapter 468, F.S.8 The Council is comprised of seven members appointed by the Governor; appointment
must be confirmed by the Senate.9

A person may not manage (or hold herself or himself out to the public as being able to manage) a community
association in the state unless he or she is licensed by DBPR.10 Similarly, a CAM firm or other organization
responsible for the management of more than 10 units or an association budget of $100,000 or greater may not
engage (or hold itself out to the public as being able to engage) in the business of community association
management in the state unless it is licensed by DBPR.11

Under Florida law, a CAM or CAM firm is deemed to act as an agent of a community association when performing
duties within the scope of authority authorized by a written contract with the association or chapter 468, F.S.
Florida law prohibits a CAM or CAM firm from knowingly performing any act directed by a community association
if doing so would violate state or federal law.12 CAMs and CAM firms must discharge duties authorized to be
performed on behalf of an association:
      Loyally, skillfully, and diligently;
      Dealing honestly and fairly;
      In good faith;
      With care and full disclosure to the community association;
      Accounting for all funds; and
      Not charging unreasonable or excessive fees.13

Each contract between a community association and a CAM or CAM firm for community management services
must include the following written statement in at least 12-point type, if applicable to the type of management
services provided in the contract: “The community association manager shall abide by all professional standards
and record keeping requirements imposed pursuant to part VIII and chapter 468, Florida Statutes.”14 Florida law
prohibits a contract between a community association and a CAM or CAM firm from waiving or limiting the
professional practice standards required pursuant to part VIII of chapter 468, F.S.15

Florida law prohibits DBPR from renewing a CAM or CAM firm’s license until the CAM or CAM firm submits proof
that the CAM or CAM firm has completed the requisite hours of continuing education.16 The number of continuing
education hours, criteria, and course content requirements are set by the Council by rule.17

Recent Legislation Affecting CAMs and CAM Firms
The Legislature has enacted legislation in recent years strengthening the regulation of CAMs and CAM firms in
Florida. During the 2024 Regular Session, the Legislature passed CS/CS/CS/HB 1021,18 which, among other things:
     Required CAMs and CAM firms to return all community association records within 20 days of the
        termination of a services agreement or a written request for return of the records, whichever occurs first.



8 See ss. 468.432(1) and 468.4315, F.S.
9 S. 468.4315(1), F.S.
10 S. 468.432(1), F.S.
11 S 468.432(2), F.S.
12 S. 468.4334(1)(a), F.S.
13 Id.
14 S. 468.4334(1)(c), F.S.
15 S. 468.4334(1)(d), F.S.
16 S. 468.4337, F.S.
17 Id. For the current continuing education requirements, see R. 61E14-4.001, F.A.C.
18 See ch. 2024-244, Laws of Fla.

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       Provided that a CAM or CAM firm that fails to timely return community association records as described
        above is subject to suspension of its license and a fine of $1,000 per day for up to 10 days.
       Required CAMs and CAM firms to disclose to the board of a community association any activity that may
        reasonably be construed to be a conflict of interest, created certain other conflict-of-interest disclosure
        requirements, and specified certain grounds for which disciplinary action could be taken.

The Legislature also passed CS/CS HB 120319 during the 2024 Regular Session. That bill, among other things,
required CAMs and CAM firms for homeowners’ associations to do all of the following:
    Attend in person at least one member meeting or board meeting of the homeowners’ association annually.
    Provide to the members of the homeowners’ association the name and contact information for each CAM or
       representative of a CAM firm assigned to the homeowners’ association, the manager’s or representative’s
       hours of availability, and a summary of the duties for which the manager or representative is responsible.
    Provide to any member, upon request, a copy of the contract between the CAM or CAM firm and the
       homeowners’ association and include such contract with the association’s official records.
    Biennially complete at least 5 hours of continuing education that pertains specifically to homeowners’
       associations, 3 hours of which must relate to recordkeeping.

During the 2025 Regular Session, the Legislature passed CS/CS/HB 913,20 which, among other things:
    Prohibited a person who has had his or her CAM license revoked from having an ownership interest in, or
       be an employee, partner, officer, director, or trustee of, a CAM firm during the 10-year period after the
       effective date of the revocation.
    Required CAMs and CAM firms to create and maintain an online licensure account with DBPR, and specified
       certain information that must be included on the online licensure account.
    Prohibited a contract between a CAM or CAM firm and a community association from waiving or limiting
       the professional practice standards required by Florida law.




19 See ch. 2024-221, Laws of Fla.
20 See ch. 2025-175, Laws of Fla.

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RECENT LEGISLATION:

  YEAR               BILL #/SUBJECT                    HOUSE/SENATE               OTHER INFORMATION
                                                        SPONSOR(S)
  2024    CS/CS/CS/HB 1021 - Community                Lopez, V./ Bradley   Created conflict of interest disclosure
          Associations                                                     requirements for CAMs and CAM
                                                                           firms, and revised certain
                                                                           requirements related to contractual
                                                                           obligations of CAMs and CAM firms to
                                                                           community associations. Approved
                                                                           by Governor.
  2024    CS/CS/HB 1203 - Homeowners'             Esposito, Anderson,      Required certain associations to post
          Associations                              Porras/ Bradley        specified documents online, created
                                                                           continuing education requirements
                                                                           for CAMs and CAM firms, and created
                                                                           certain requirements related to
                                                                           association finances. Approved by
                                                                           Governor.
  2025    CS/CS/HB 913 - Condominium and              Lopez, V./ Bradley   Required CAMs and CAM firms to
          Cooperative Associations                                         create an online licensure account
                                                                           with DBPR, amended conflict of
                                                                           interest provisions, and specified that
                                                                           CAMs and CAM firms that contract
                                                                           with a condominium association
                                                                           must have all applicable licenses.
                                                                           Approved by Governor.



                                            BILL HISTORY
                                                                                STAFF
                                                                              DIRECTOR/            ANALYSIS
COMMITTEE REFERENCE                     ACTION                  DATE         POLICY CHIEF        PREPARED BY
Housing, Agriculture & Tourism                                                  Curtin              Fletcher
Subcommittee
Commerce Committee




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           HB 465                                                                                               2026




    1                                         A bill to be entitled
    2               An act relating to community association management;
    3               amending ss. 718.111, 718.405, 719.106, and 720.303,
    4               F.S.; requiring certain community associations to
    5               contract with a community association management firm;
    6               requiring the community association firm to possess
    7               all applicable licenses; providing that association
    8               board members, officers, and directors have a duty to
    9               ensure such community association firm or community
10                  association manager is properly licensed; providing an
11                  effective date.
12
13         Be It Enacted by the Legislature of the State of Florida:
14
15                  Section 1.        Paragraph (g) of subsection (3) of section
16         718.111, Florida Statutes, is amended to read:
17                  718.111      The association.—
18                  (3)     POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT,
19         SUE, AND BE SUED; CONFLICT OF INTEREST.—
20                  (g)     If an association contracts with a community
21         association manager or a community association management firm,
22         the community association manager or community association
23         management firm must possess all applicable licenses required by
24         part VIII of chapter 468. An association with total annual
25         revenues of $500,000 or more must contract with a community

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        HB 465                                                                                               2026




26      association management firm. Each board member or officer All
27      board members or officers of an association that contracts with
28      a community association manager or a community association
29      management firm has have a duty to ensure that the community
30      association manager or community association management firm is
31      properly licensed before entering into a contract.
32               Section 2.        Subsection (6) is added to section 718.405,
33      Florida Statutes, to read:
34               718.405      Multicondominiums; multicondominium associations.—
35               (6)     An association operating a multicondominium must
36      contract with a community association management firm. The
37      community association management firm must possess all
38      applicable licenses required by part VIII of chapter 468. Each
39      board member or officer of an association that contracts with a
40      community association manager or a community association
41      management firm has a duty to ensure that the community
42      association manager or community association management firm is
43      properly licensed before entering into a contract.
44               Section 3.        Paragraph (a) of subsection (1) of section
45      719.106, Florida Statutes, is amended to read:
46               719.106      Bylaws; cooperative ownership.—
47               (1)     MANDATORY PROVISIONS.—The bylaws or other cooperative
48      documents shall provide for the following, and if they do not,
49      they shall be deemed to include the following:
50               (a)     Administration.—

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        HB 465                                                                                               2026




51               1.      The form of administration of the association shall be
52      described, indicating the titles of the officers and board of
53      administration and specifying the powers, duties, manner of
54      selection and removal, and compensation, if any, of officers and
55      board members. In the absence of such a provision, the board of
56      administration shall be composed of five members, unless the
57      cooperative has five or fewer units. The board shall consist of
58      not fewer than three members in cooperatives with five or fewer
59      units that are not-for-profit corporations. In a residential
60      cooperative association of more than 10 units, co-owners of a
61      unit may not serve as members of the board of directors at the
62      same time unless the co-owners own more than one unit or unless
63      there are not enough eligible candidates to fill the vacancies
64      on the board at the time of the vacancy. In the absence of
65      provisions to the contrary, the board of administration shall
66      have a president, a secretary, and a treasurer, who shall
67      perform the duties of those offices customarily performed by
68      officers of corporations. Unless prohibited in the bylaws, the
69      board of administration may appoint other officers and grant
70      them those duties it deems appropriate. Unless otherwise
71      provided in the bylaws, the officers shall serve without
72      compensation and at the pleasure of the board. Unless otherwise
73      provided in the bylaws, the members of the board shall serve
74      without compensation.
75               2.      A person who has been suspended or removed by the

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         HB 465                                                                                               2026




76       division under this chapter, or who is delinquent in the payment
77       of any monetary obligation due to the association, is not
78       eligible to be a candidate for board membership and may not be
79       listed on the ballot. A director or officer charged by
80       information or indictment with a felony theft or embezzlement
81       offense involving the association's funds or property is
82       suspended from office. The board shall fill the vacancy
83       according to general law until the end of the period of the
84       suspension or the end of the director's term of office,
85       whichever occurs first. However, if the charges are resolved
86       without a finding of guilt or without acceptance of a plea of
87       guilty or nolo contendere, the director or officer shall be
88       reinstated for any remainder of his or her term of office. A
89       member who has such criminal charges pending may not be
90       appointed or elected to a position as a director or officer. A
91       person who has been convicted of any felony in this state or in
92       any United States District Court, or who has been convicted of
93       any offense in another jurisdiction which would be considered a
94       felony if committed in this state, is not eligible for board
95       membership unless such felon's civil rights have been restored
96       for at least 5 years as of the date such person seeks election
97       to the board. The validity of an action by the board is not
98       affected if it is later determined that a board member is
99       ineligible for board membership due to having been convicted of
100      a felony.

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         HB 465                                                                                               2026




101               3.      When a unit owner files a written inquiry by certified
102      mail with the board of administration, the board shall respond
103      in writing to the unit owner within 30 days of receipt of the
104      inquiry. The board's response shall either give a substantive
105      response to the inquirer, notify the inquirer that a legal
106      opinion has been requested, or notify the inquirer that advice
107      has been requested from the division. If the board requests
108      advice from the division, the board shall, within 10 days of its
109      receipt of the advice, provide in writing a substantive response
110      to the inquirer. If a legal opinion is requested, the board
111      shall, within 60 days after the receipt of the inquiry, provide
112      in writing a substantive response to the inquirer. The failure
113      to provide a substantive response to the inquirer as provided
114      herein precludes the board from recovering attorney's fees and
115      costs in any subsequent litigation, administrative proceeding,
116      or arbitration arising out of the inquiry. The association may,
117      through its board of administration, adopt reasonable rules and
118      regulations regarding the frequency and manner of responding to
119      the unit owners' inquiries, one of which may be that the
120      association is obligated to respond to only one written inquiry
121      per unit in any given 30-day period. In such case, any
122      additional inquiry or inquiries must be responded to in the
123      subsequent 30-day period, or periods, as applicable.
124               4.      An association with total annual revenues of $500,000
125      or more must contract with a community association management

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         HB 465                                                                                               2026




126      firm. The community association management firm must possess all
127      applicable licenses required by part VIII of chapter 468.
128               5.      Each board member or officer of an association that
129      contracts with a              community association manager or a community
130      association management firm has a duty to ensure that the
131      community association manager or community association
132      management firm is properly licensed before entering into a
133      contract.
134               Section 4.        Subsection (1) of section 720.303, Florida
135      Statutes, is amended to read:
136               720.303      Association powers and duties; meetings of board;
137      official records; budgets; financial reporting; association
138      funds; recalls.—
139               (1)      POWERS AND DUTIES.—An association that operates a
140      community as defined in s. 720.301 must be operated by an
141      association that is a Florida corporation. After October 1,
142      1995, the association must be incorporated and the initial
143      governing documents must be recorded in the official records of
144      the county in which the community is located. An association may
145      operate more than one community. An association with total
146      annual revenues of $500,000 or more must contract with a
147      community association management firm. The community association
148      management firm must possess all applicable licenses required by
149      part VIII of chapter 468. The officers and directors of an
150      association are subject to s. 617.0830 and have a fiduciary

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         HB 465                                                                                               2026




151      relationship to the members who are served by the association.
152      Each officer and director of an association that contracts with
153      a community association manager or a community association
154      management firm has a duty to ensure that the community
155      association manager or community association management firm is
156      properly licensed before entering into a contract. The powers
157      and duties of an association include those set forth in this
158      chapter and, except as expressly limited or restricted in this
159      chapter, those set forth in the governing documents. After
160      control of the association is obtained by members other than the
161      developer, the association may institute, maintain, settle, or
162      appeal actions or hearings in its name on behalf of all members
163      concerning matters of common interest to the members, including,
164      but not limited to, the common areas; roof or structural
165      components of a building, or other improvements for which the
166      association is responsible; mechanical, electrical, or plumbing
167      elements serving an improvement or building for which the
168      association is responsible; representations of the developer
169      pertaining to any existing or proposed commonly used facility;
170      and protest of ad valorem taxes on commonly used facilities. The
171      association may defend actions in eminent domain or bring
172      inverse condemnation actions. Before commencing litigation
173      against any party in the name of the association involving
174      amounts in controversy in excess of $100,000, the association
175      must obtain the affirmative approval of a majority of the voting

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                                                                                                              hb465-00
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         HB 465                                                                                               2026




176      interests at a meeting of the membership at which a quorum has
177      been attained. This subsection does not limit any statutory or
178      common-law right of any individual member or class of members to
179      bring any action without participation by the association. A
180      member does not have authority to act for the association by
181      virtue of being a member. An association may have more than one
182      class of members and may issue membership certificates. An
183      association of 15 or fewer parcel owners may enforce only the
184      requirements of those deed restrictions established prior to the
185      purchase of each parcel upon an affected parcel owner or owners.
186               Section 5.        This act shall take effect January 1, 2027.




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                                                                                                              hb465-00
HB 7007
                                        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 7007       PCB GOS 26-04                  COMPANION BILL: None
TITLE: OGSR/Small Business Loan Program Information LINKED BILLS: None
SPONSOR(S): Sapp                                     RELATED BILLS: None
Committee References
    Orig. Comm.: Government           Housing, Agriculture & Tourism                                                    State Affairs
            Operations                                             
             15 Y, 0 N

SUMMARY
Effect of the Bill:
The bill saves from repeal the public record exemption for certain financial information held by an economic
development agency pursuant to the administration of a state or federally funded small business loan program. The
public record exemption will repeal on October 2, 2026, if the bill does not become law.

Fiscal or Economic Impact:
None.


JUMP TO                     SUMMARY                          ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill removes the scheduled repeal date, created pursuant to the Open Government Sunset Review Act, for the
public record exemption for certain financial information—such as tax returns and credit reports— held by an
economic development agency pursuant to the administration of a state or federally funded small business loan
program. The public record exemption will repeal on October 2, 2026, if the bill does not become a law. (Section 1)

The effective date of the bill is upon becoming a law. (Section 2)

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act)1 sets forth a legislative review process for newly created or
substantially amended public record or public meeting exemptions. It requires an automatic repeal of the
exemption on October 2nd of the fifth year after creation or substantial amendment, unless the Legislature
reenacts the exemption.2

The OGSR Act provides that a public record or public meeting exemption may be created or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one of the
following purposes:
     Allow the state or its political subdivisions to effectively and efficiently administer a governmental
        program, which administration would be significantly impaired without the exemption;



1
    S. 119.15, F.S.
2 S. 119.15(3), F.S.

STORAGE NAME: h7007.HAT
DATE: 1/9/2026
                                                                                                                                                1
                                                                                        HB 7007       PCB GOS 26-04
        Protect sensitive personal information that, if released, would be defamatory or would jeopardize an
         individual’s safety; however, only the identity of an individual may be exempted under this provision; or
        Protect trade or business secrets.3

If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a public necessity
statement and a two-thirds vote for passage are required. If the exemption is reenacted with grammatical or
stylistic changes that do not expand the exemption, if the exemption is narrowed, or if an exception to the
exemption is created, then a public necessity statement and a two-thirds vote are not required.4

Small Business Loan Programs
The Department of Commerce (Florida Commerce) administers a number of state and federally funded small
business loan programs, including:
    Small Business Emergency Bridge Loan Program5
    Rebuild Florida Business Loan Fund6
    Rural Community Development Revolving Loan Fund Program7
    State Small Business Credit Initiative8
    Black Business Loan Program9
    Microfinance Guarantee Program10

Public Record Exemption under Review
In 2021, the Legislature created a public record exemption for certain information held by an economic
development agency pursuant to the administration of a state or federally funded small business loan program.
Specifically, the law exempts tax returns, financial information, credit history information, credit reports, and
credit scores from public record requirements.11

The 2021 public necessity statement12 provided that the release of the protected information “could be used by
fraudulent contractors, predatory lenders, thieves, or individuals seeking to impose on the applicant or
borrower.”13 Therefore, the exemption exists to “ensure that applicants and borrowers are not harassed,
intimidated, or potentially defrauded.”14

Pursuant to the OGSR Act, the public record exemption will repeal on October 2, 2026, unless reviewed and saved
from repeal by the Legislature.15

During the 2025 interim, House and Senate staff met jointly with staff from Florida Commerce to discuss the public
record exemption under review. Florida Commerce staff indicated that they have had no issue interpreting or
applying the exemption and were unaware of any litigation concerning the exemption. Florida Commerce staff
explained that prior to the exemption, borrowers participating in state and federally funded small business loan
programs were exposed to fraud. For that reason, Florida Commerce staff recommended reenacting the exemption
as is. House and Senate committee staff also surveyed counties and cities concerning the public record exemption

3 S. 119.15(6)(b), F.S.
4 Art. I, s. 24(c), FLA. CONST.
5 Florida Department of Commerce, Small Business Emergency Bridge Loan Program (last visited Jan. 5, 2026).
6 Florida Department of Commerce, Rebuild Florida Business Loan Fund (last visited Jan. 5, 2026).
7 S. 288.065, F.S.
8 Florida Department of Commerce, State Small Business Credit Initiative (last visited Jan. 5, 2026).
9 Ss. 288.7102–288.714, F.S.
10 See Microfinance Programs, ch. 288, part XI, F.S.
11 S. 288.075(7)(a)1.-3., F.S.
12 Article I, s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity justifying

exemption.”
13 Ch. 2021-23, L.O.F.
14 Id.
15 S. 288.075(7), F.S.

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                                                                                                                                        2
                                                                                         HB 7007       PCB GOS 26-04
under review. All of the responding counties and cities stated that they did not participate in any state or federally
funded small business loan programs.




                                                 BILL HISTORY
                                                                                    STAFF
                                                                                  DIRECTOR/           ANALYSIS
COMMITTEE REFERENCE                         ACTION                 DATE          POLICY CHIEF       PREPARED BY
Orig. Comm.: Government                     15 Y, 0 N            11/4/2025          Toliver             Lines
Operations Subcommittee
Housing, Agriculture & Tourism                                                        Curtin           Rodriguez
Subcommittee
State Affairs Committee




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                                                                                                                    3
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           HB 7007                                                                                               2026




    1                                         A bill to be entitled
    2                An act relating to a review under the Open Government
    3                Sunset Review Act; amending s. 288.075, F.S., which
    4                provides an exemption from public record requirements
    5                for certain information held by an economic
    6                development agency; removing the scheduled repeal of
    7                the exemption; providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                   Section 1.       Paragraph (c) of subsection (7) of section
12         288.075, Florida Statutes, is amended to read:
13                   288.075     Confidentiality of records.—
14                   (7)     LOAN PROGRAMS.—
15                   (c)     This subsection is subject to the Open Government
16         Sunset Review Act in accordance with s. 119.15 and shall stand
17         repealed on October 2, 2026, unless reviewed and saved from
18         repeal through reenactment by the Legislature.
19                   Section 2.       This act shall take effect upon becoming a law.




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                                                                                                                hb7007-00
HB 7011
                                      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 7011       PCB GOS 26-06                COMPANION BILL: None
TITLE: OGSR/Aquaculture Records                    LINKED BILLS: None
SPONSOR(S): Gentry                                 RELATED BILLS: None
Committee References
    Orig. Comm.: Government         Housing, Agriculture & Tourism                                                    State Affairs
            Operations                                           
             13 Y, 0 N

SUMMARY
Effect of the Bill:
The bill saves from repeal the public record exemption for certain aquaculture records held by the Department of
Agriculture and Consumer Services. The public record exemption will repeal on October 2, 2026, if the bill does not
become a law.

Fiscal or Economic Impact:
None.


JUMP TO                   SUMMARY                          ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill removes the scheduled repeal, created pursuant to the Open Government Sunset Review Act, of the public
record exemption for the following aquaculture records held by the Department of Agriculture and Consumer
Services (DACS):
     Shellfish receiving and production records generated by licensed shellfish processing facilities.
     Audit records and supporting documentation required for submerged land leases.
     Aquaculture production records and receipts generated by certified aquaculture facilities. (Section 1)

The public record exemption will repeal on October 2, 2026, if the bill does not become a law. (Section 1)

The effective date of the bill is upon becoming a law. (Section 2)

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act)1 sets forth a legislative review process for newly created or
substantially amended public record or public meeting exemptions. It requires an automatic repeal of the
exemption on October 2nd of the fifth year after creation or substantial amendment, unless the Legislature reenacts
the exemption.2




1 S. 119.15, F.S.
2 S. 119.15(3), F.S.

STORAGE NAME: h7011.HAT
DATE: 1/9/2026
                                                                                                                                              1
                                                                                         HB 7011       PCB GOS 26-06
The OGSR Act provides that a public record or public meeting exemption may be created or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one of the
following purposes:
     Allow the state or its political subdivisions to effectively and efficiently administer a governmental
        program, which would be significantly impaired without the exemption.
     Protect sensitive personal information that, if released, would be defamatory or would jeopardize an
        individual’s safety; however, only the identity of an individual may be exempted under this provision.
     Protect trade or business secrets.3

If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a public necessity
statement and a two-thirds vote for passage are required. If the exemption is reenacted with grammatical or
stylistic changes that do not expand the exemption, if the exemption is narrowed, or if an exception to the
exemption is created, then a public necessity statement and a two-thirds vote are not required.4

Aquaculture
Aquaculture, a subset of agriculture, is the cultivation of aquatic organisms.5 Florida produces over 1,500 varieties
of fish, aquatic plants, mollusks, shellfish, crustaceans, reptiles, and amphibians for ornamental, food, and bait
markets, as well as for sporting, conservation, and educational purposes. The Department of Agriculture and
Consumer Services (DACS) serves as the state’s lead aquaculture agency and works to coordinate the development
and regulation of aquaculture in order to protect and conserve Florida’s natural resources.6

Aquaculture Facilities
An aquaculture facility is where an aquaculture producer engages in the production of aquaculture products7 and
may be located in the open ocean, a bay, or in a variety of man-made ponds or tanks. 8 As part of its regulatory
duties, DACS requires an aquaculture producer to submit specified information, such as production records and
receipts, to acquire an aquaculture certificate of registration,9 to renew such registration annually,10 and to comply
with aquaculture best management practices.11

The aquaculture certificate of registration authorizes an approved aquaculture producer to plant, harvest, and sell
aquaculture products and entitles the holder to the same benefits as other agricultural producers, including tax
benefits.12 An applicant for the certificate must submit:
     The applicant’s name or title.
     Company name.
     Mailing address.
     Legal property description and actual physical street address for each aquaculture facility.
     A description of production facilities.
     A description of the aquaculture products to be produced.


3 S. 119.15(6)(b), F.S.
4 Art. I, s. 24(c), FLA. CONST.
5 S. 597.0015(1), F.S.
6 Department of Agriculture and Consumer Services, Aquaculture (last visited Jan. 5, 2026); see also Department of Agriculture

and Consumer Services, Florida Aquaculture Industry Overview (last visited Jan. 5, 2026).
7 S. 597.0015(2), F.S.
8 Department of Agriculture and Consumer Services, Discover Florida Aquaculture (last visited Jan. 5, 2026).
9 Department of Agriculture and Consumer Services, Agriculture Certificate of Registration Application (last visited Jan. 5,

2026).
10 Department of Agriculture and Consumer Services, Aquaculture Certificate of Registration Renewal Guidance Document (last

visited Jan. 5, 2026).
11 Department of Agriculture and Consumer Services, Aquaculture Best Management Practices Manual (last visited Jan. 5,

2026).
12 Department of Agriculture and Consumer Services, Aquaculture Certificate of Registration

 (last visited Jan. 5, 2026).
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                                                                                                                               2
                                                                                     HB 7011         PCB GOS 26-06
         An annual registration fee of $100, documentation of compliance with DACS rules, and, for some
          applicants, a certificate of training.13

Each applicant is also required to comply with DACS-approved best management practices.14 Upon approval, DACS
issues the applicant an aquaculture certificate of registration for a period of one year, which must be renewed on
July 1st with the accompanying fee.15

Submerged Land Leases
Upon attaining statehood in 1845, “the state of Florida by virtue of its sovereignty assumed title to and sovereignty
over the navigable waters in the state and lands thereunder.”16 The lands beneath navigable waters are called
“sovereign submerged lands” and include tidal lands, islands, sandbars, shallow banks, and lands waterward of the
ordinary or mean high water line. Title to sovereign submerged lands is held by the Board of Trustees of the
Internal Improvement Trust Fund (Board of Trustees),17 a body that is composed of the Governor and Cabinet,
with the Governor as chair.18 The Board of Trustees is responsible for the acquisition, administration, management,
control, supervision, conservation, protection, and disposition of all lands owned by the state, including sovereign
submerged lands.19

Sovereign submerged lands may be leased for many purposes, including for marinas, boatyards, marine
manufacturers and retailers, construction of docks and piers, and aquaculture cultivation.20 Aquaculture activities
on sovereign submerged lands in Florida consist mostly of growing hard clams, oysters, and live rock.21 To lease
sovereign submerged lands, an aquaculture producer submits an application to DACS along with specified
information, including the location of the proposed aquaculture activity.22 DACS then reviews the application and
as part of that process, DACS staff conducts a resource survey to determine whether the site is appropriate for
leasing. If the site is deemed appropriate, the application is publicly noticed in the newspaper and the application
undergoes comprehensive review by multiple agencies.23 Additionally, the application requires approval from the
Board of Trustees.24

An aquaculture lease for sovereign submerged land may not exceed ten years25 and each January DACS mails
aquaculture leaseholders a submerged land lease audit.26 There are two separate audits, one for shellfish27 and one
for live rock.28 The audits require the submission of information on planting and harvesting activities29 as well as
supporting documentation, such as receipts that show the number of shellfish species purchased in or out of the
state.30


13 S. 597.004(1), F.S.; R. 5L-3.005(1)(i), F.A.C.
14 S. 597.004(2), F.S.; R. 5L-3.005, F.A.C.
15 S. 597.004(7)(a), F.S. ; see Department of Agriculture and Consumer Services, Aquaculture Certificate of Registration Renewal

Guidance Document (last visited Jan. 5, 2026). The aquaculture certificate of registration renewal window begins April 15 th and
all certificates expire June 30th.
16 Merrill-Stevens Co. v. Durkee, 57 So. 428, 432 (Fla. 1912)
17 Department of Environmental Protection, Submerged Land Management (last visited Jan. 5, 2026).
18 Art. IV, s. 4(f), FLA. CONST.
19 S. 253.03(1), F.S.
20 Ch. 253, F.S.; see also Department of Environmental Protection, Submerged Lands Management (last visited Jan. 5, 2026).
21 Department of Agriculture and Consumer Services, Aquaculture Submerged Land Leasing (last visited Jan. 5, 2026).
22 R. 18-21.021(1), F.A.C.
23 Other reviewing agencies may include the Department of Environmental Protection, Fish and Wildlife Conservation

Commission, Department of State, Army Corps of Engineers, as well as the county commission of the site’s location. Id.
24 Id.
25 R. 18-21.021(1), F.A.C.
26 Department of Agriculture and Consumer Services, Aquaculture Submerged Land Leasing (last visited Jan. 5, 2026).
27 Department of Agriculture and Consumer Services, Shellfish Audit (last visited Jan. 5, 2026).
28 Department of Agriculture and Consumer Services, Live Rock Audit (last visited Jan. 5, 2026).
29 Department of Agriculture and Consumer Services, Lease Management (last visited Jan. 5, 2026).
30 Department of Agriculture and Consumer Services, Shellfish Audit (last visited Jan. 5, 2026).

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                                                                                                                               3
                                                                                             HB 7011         PCB GOS 26-06
Shellfish Processing Facilities
When shellfish have reached the preferred size for sale, they are harvested from submerged land leases and sold to
a certified shellfish processing facility.31 A shellfish processing facility must acquire a certification license from
DACS to operate any facility in which oysters, clams, mussels, scallops, or crabs are processed.32 Examples of
shellfish processing facilities include:
     An oyster, clam, mussel, or scallop cannery.
     A shell stock dealership.
     An oyster, clam, mussel, or scallop shucking plant.
     An oyster, clam, mussel, or scallop repacking plant.
     An oyster, clam, mussel, or scallop controlled purification plant.
     A crab or soft-shell crab processing or shedding plant.33

The shellfish processing certification application requires the submission of specified information, including the
facility address and the types of products sought to be processed.34 Once certified, a shellfish processing facility is
routinely inspected by DACS staff to ensure regulatory compliance and consumer safety.35 Processing facilities
must maintain a variety of records for those inspections, including production volume reports,36 receipts of sale,37
and sanitation monitoring schedules.38

Public Record Exemption Under Review
In 2021, the Legislature created a public record exemption for the following aquaculture records held by DACS:
     Shellfish receiving and production records generated by licensed shellfish processing facilities.
     Audit records and supporting documentation required for submerged land leases.
     Aquaculture production records and receipts generated by certified aquaculture facilities.39

These records may be disclosed to another governmental entity in the performance of its duties and
responsibilities. The exemption applies to aquaculture records held before, on, or after July 1, 2021.40

The 2021 public necessity statement41 asserts that the exemption allows DACS to collect information required for
compliance with Florida and federal law while also “protecting the aquaculture industry and its facilities.” 42 The
public necessity statement provided that the release of the protected information may create a chilling effect on
submission of the information and thereby hinder DACS “from obtaining valuable and accurate information due to
the nature of the industry.”43

Pursuant to the OGSR Act, the exemption will repeal on October 2, 2026, unless reenacted by the Legislature.44

During the 2025 interim, House and Senate committee staff met jointly with staff from DACS to discuss the public
record exemption under review. Agency staff indicated that they were unaware of any litigation concerning the
exemption and have not had any issues interpreting or applying the exemption. Agency staff also indicated that the

31 Department of Agriculture and Consumer Services, Shellfish (last visited Jan. 5, 2026).
32 S. 597.020(2), F.S.
33 Id.
34 R. 5L-1.005, F.A.C.
35 Department of Agriculture and Consumer Services, Shellfish Processing Facility Certification (last visited Jan. 5, 2026).
36 R. 5L-1.013(14), F.A.C.
37 R. 5L-1.013(10), F.A.C.
38 R. 5L-1.013(17), F.A.C.
39 Ch. 2021-59, L.O.F., codified as s. 597.0042, F.S.
40 S. 597.0042, F.S.
41 Art. I, s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity justifying

exemption.”
42 Ch. 2021-59, L.O.F.
43 Id.
44 S. 597.0042, F.S.

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                                                                                                                                     4
                                                                                       HB 7011     PCB GOS 26-06
aquaculture records, if released, could be detrimental to aquaculture producers as information regarding products,
harvest times, and locations make such businesses susceptible to theft. Agency staff recommended that the
exemption be reenacted as is.

                                               BILL HISTORY
                                                                                 STAFF
                                                                               DIRECTOR/           ANALYSIS
COMMITTEE REFERENCE                        ACTION                DATE         POLICY CHIEF       PREPARED BY
Orig. Comm.: Government                    13 Y, 0 N          12/10/2025         Toliver            Walker
Operations Subcommittee
Housing, Agriculture & Tourism                                                     Curtin          Rodriguez
Subcommittee
State Affairs Committee




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           HB 7011                                                                                               2026




    1                                         A bill to be entitled
    2                An act relating to a review under the Open Government
    3                Sunset Review Act; amending s. 597.0042, F.S., which
    4                provides an exemption from public record requirements
    5                for certain aquaculture records held by the Department
    6                of Agriculture and Consumer Services; removing the
    7                scheduled repeal of the exemption; providing an
    8                effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                   Section 1.       Subsection (4) of section 597.0042, Florida
13         Statutes, is amended to read:
14                   597.0042        Public records exemptions; aquaculture records.—
15                   (4)     This section is subject to the Open Government Sunset
16         Review Act in accordance with s. 119.15 and shall stand repealed
17         on October 2, 2026, unless reviewed and saved from repeal
18         through reenactment by the Legislature.
19                   Section 2.        This act shall take effect upon becoming a law.




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