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
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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HB 465
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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HB 465
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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HB 465
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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HB 465
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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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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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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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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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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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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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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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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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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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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.
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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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
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).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
hb7011-00
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