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Home Source documents Housing, Agriculture & Tourism Subcommittee — Meeting Packet (January 21, 2026)

Housing, Agriculture & Tourism Subcommittee — Meeting Packet (January 21, 2026)

Summary

Meeting packet for the Housing, Agriculture & Tourism Subcommittee for Wednesday, January 21, 2026, 1:00 PM to 3:30 PM at Morris Hall. The meeting notice lists HB 273 Special District Funding, HB 637 Farm Equipment, HB 657 Community Associations, and HB 837 Affordable Housing. The HB 273 bill analysis states that the bill requires agency agreements providing state or federal financial assistance to special districts in a rural community or rural area of opportunity to include a provision allowing payment of invoices for verified and eligible performance, and lists Fiscal or Economic Impact as None. The packet closes with the HB 837 amendment summary: Amendments #899999 and #239997 by Representative Busatta remove certain farming-related activities from the definition of industrial use in the Live Local Act.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Housing, Agriculture & Tourism Subcommittee — Meeting Packet (January 21, 2026).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-01-21-3287-housing-agriculture-tourism-subcommittee-meeting-packe-aef827667e/, SHA-256 27b5a55aca73e00db45c3df8248fbb083e6d0d99c097ff566f2e5cf27706f542.

Full text

         Housing, Agriculture & Tourism
                Subcommittee
               Wednesday, January 21, 2026
                   1:00 PM - 3:30 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:                 Wednesday, January 21, 2026 01:00 PM

End Date and Time:                   Wednesday, January 21, 2026 03:30 PM

Location:                            Morris Hall (17 HOB)
Duration:                            2.50 hrs


Consideration of the following bill(s):

HB 273 Special District Funding by Johnson
HB 637 Farm Equipment by Griffitts
HB 657 Community Associations by Porras
HB 837 Affordable Housing by Busatta




                            NOTICE FINALIZED on 01/16/2026 4:20PM by Young.Kimberly


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HB 273
                                     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 273                                                          COMPANION BILL: SB 214 (McClain)
TITLE: Special District Funding                                         LINKED BILLS: None
SPONSOR(S): Johnson                                                     RELATED BILLS: None
Committee References
    Intergovernmental Affairs                       Housing, Agriculture & Tourism                                   State Affairs
            15 Y, 0 N                                                                          

SUMMARY
Effect of the Bill:
The bill requires agency agreements that provide state or federal financial assistance to special districts located in a
rural community or rural area of opportunity to include a provision allowing the agency to provide for the payment
of invoices for verified and eligible performance that has been completed in accordance with the terms and
conditions of the agreement in the same manner as current law authorizes for counties and municipalities in those
areas. The bill also revises the definition of “rural community” for the purposes of the Rural Economic Development
Initiative to include special districts located in rural counties.

Fiscal or Economic Impact:
None


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ANALYSIS
EFFECT OF THE BILL:
The bill requires agency agreements that provide state or federal financial assistance to special districts located, in
whole or in part, in a rural community or rural area of opportunity to include a provision allowing the agency to
provide for the payment of invoices for verified and eligible performance that has been completed in accordance
with the terms and conditions of the agreement. (Section 1)

The bill also revises the definition of “rural community” for the Rural Economic Development Initiative to include
special districts located in rural counties. (Section 2)

The effective date of the bill is July 1, 2026. (Section 3)

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Special Districts
A “special district” is a unit of local government created for a particular purpose, with jurisdiction to operate within
a limited geographic boundary.1 Special districts are created by general law, special act, local ordinance, or rule of
the Governor and Cabinet.2 A special district has only those powers expressly provided by, or reasonably implied
from, the authority provided in the district’s charter. Special districts provide specific municipal services in




1 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
2 See ss. 189.02(1), 189.031(3), and 190.005(1), F.S. See generally s. 189.012(6), F.S.

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addition to, or in place of, those provided by a municipality or county.3 Special districts are funded through the
imposition of ad valorem taxes, fees, or charges on the users of those services as authorized by law.4

Special districts may be classified as dependent or independent based on their relationship with local general-
purpose governments. A special district is classified as “dependent” if the governing body of a single county or
municipality:
    Serves as governing body of the district;
    Appoints the governing body of the district;
    May remove members of the district’s governing body at-will during their unexpired terms; or
    Approves or can veto the budget of the district.5

A district is classified as “independent” if it does not meet any of the above criteria or is located in more than one
county, unless the district lies entirely within the boundaries of a single municipality.6

Special districts are governed generally by the Uniform Special District Accountability Act (USDAA).7 The USDAA
centralizes provisions governing special districts and applies to the formation,8 governance,9 administration,10
supervision,11 merger,12 and dissolution13 of special districts, unless otherwise expressly provided in law.14 The
USDAA requires notice and publication of tentative budgets and final budgets.15 Certain budget amendments are
allowed up to 60 days following the end of the fiscal year.16

Special districts do not possess “home rule” powers and may impose only those taxes, assessments, or fees
authorized by special or general law. The special act creating an independent special district may provide for
funding from a variety of sources while prohibiting others. For example, ad valorem tax authority is not mandatory
for a special district.17

Rural Economic Development Initiative
The Rural Economic Development Initiative (REDI) was established by the Legislature to encourage and facilitate
the location and expansion of major economic development projects of significant scale in rural communities.18
REDI operates as a statewide initiative led by the Department of Commerce (Department) to serve Florida’s rural


3 Intergovernmental Affairs Subcommittee, Local Government Formation Manual, p. 56 (last visited Jan. 14, 2026).
4 The method of financing a district must be stated in its charter. Ss. 189.02(4)(g) and 189.031(3), F.S. Independent special

districts may be authorized to impose ad valorem taxes as well as non-ad valorem special assessments in the special acts
comprising their charters. See, e.g., ch. 2023-335, s. 1(6), Laws of Fla. (East River Ranch Stewardship District). See also, e.g., ss.
190.021 (community development districts), 191.009 (independent fire control districts), 197.3631 (non-ad valorem
assessments), 298.305 (water control districts), and 388.221, F.S. (mosquito control). See also ch. 2004-397, s. 3(27), Laws of
Fla. (South Broward Hospital District).
5 S. 189.012(2), F.S.
6 S. 189.012(3), F.S.
7 S. 189.01, F.S., but see ch. 190, F.S. (community development districts), ch. 191, F.S. (independent special fire control

districts), ch. 298, F.S. (water control districts), ch. 388, F.S. (mosquito control districts), and ch. 582, F.S. (soil and water
conservation districts).
8 See ss. 189.02 (creation of dependent special districts) and 189.031, F.S. (creation of independent special districts).
9 See s. 189.0311, F.S. (charter requirements for independent special districts).
10 See s. 189.019, F.S. (requiring codification of charters incorporating all special acts for the district).
11 See s. 189.0651, F.S. (oversight for special districts created by special act of the Legislature).
12 Ss. 189.071 and 189.074, F.S.
13 Ss. 189.071 and 189.072, F.S.
14 See, e.g., s. 190.004, F.S. (Ch. 190, F.S. as “sole authorization” for creation of community development districts).
15 S. 189.016(4), F.S.
16 S. 189.016(6), F.S.
17 See, e.g., ch. 2006-354, Laws of Fla. (Argyle Fire District may impose special assessments, but has no ad valorem tax

authority).
18 S. 288.0656(1)(a), F.S.

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communities by providing a more focused and coordinated effort among state and regional agencies to improve
the fiscal, economic, and community viability of these areas.19

Specified agencies and organizations20 are required to designate a high-level staff person to serve as their REDI
representative. Each REDI representative is responsible for ensuring that their agency or organization is informed
about REDI and helps to identify opportunities to accommodate or include rural local governments in their agency
programs.

REDI is required to review and evaluate the impact of statutes and rules on rural communities and work to
minimize any adverse impact and undertake outreach and capacity-building efforts.21 A rural community is defined
as:
     A county with a population of 75,000 or fewer;
     A county with a population of 125,000 or fewer, if the county is contiguous to a county with a population of
        75,000 or fewer;
     Any municipality in a county that meets the above criteria; or
     An unincorporated federal enterprise community or an incorporated rural city with a population of 25,000
        or fewer, with an employment base focused on traditional agriculture or resource-based industries, located
        in a county not defined as rural, and which has at least three or more economic distress factors.22

Each REDI member agency is required to review financial match requirements for projects in rural areas, develop a
proposal to waive or reduce match requirements, and submit such proposals to REDI.23 REDI must call a meeting
within 30 days of receipt of such proposals for comment and recommendation.24 Waivers and reductions must be
requested by the county or community, and to the fullest extent possible member organizations must expedite rule
and amendment adoption to incorporate the reduction in match by rural areas in financial distress.25 REDI must
prepare an annual report as a supplement to the Department’s annual report which includes an evaluation on the
status of changes to rules, number of awards made with waivers, and recommendations for future changes.26

Based on recommendations of the REDI, the Governor may designate up to three rural areas of opportunity (RAOs)
by executive order,27 which establishes certain local governments as a priority for the Department. The orders also
permit all state agencies and departments to use all available tools and resources to the extent permissible by law
to promote the creation and development of projects designated by the RAO that has been recommended by the
Department.28

Rural Area of Opportunity
An RAO is a rural community, or region comprised of rural communities, that has been adversely affected by an
extraordinary economic event, severe or chronic distress, or a natural disaster.29 An area may also be designated as
an RAO if it presents a unique economic development opportunity of regional impact.30 The designation of an RAO

19 S. 288.0656(3), F.S.
20 The Department of Transportation, Department of Environmental Protection, Department of Agriculture and Consumer

Services, Department of State, Department of Health, Department of Children and Families, Department of Corrections,
Department of Education, Department of Juvenile Justice, Fish and Wildlife Conservation Commission, each water
management district, CareerSource Florida, Inc., VISIT Florida, the Florida Regional Planning Council Association, Agency for
Health Care Administration, and the Institute of Food and Agricultural Sciences. See s. 288.0656(6)(a), F.S.
21 S. 288.0656(4), F.S.
22 S. 288.0656(2)(e), F.S.
23 S. 288.06561, F.S.
24 S. 288.06561(3), F.S.
25 S. 288.06561(4) and (7), F.S.
26 S. 288.06561(8), F.S.
27 S. 288.0656(7)(a), F.S.
28 See Executive Orders 21-149, 23-132, and 25-141 (last visited Jan. 15, 2026).
29 S. 288.0656(2)(d), F.S.
30 Id.

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must be agreed upon by the Department, as well as the county and municipal governments to be included in the
RAO.31

This designation establishes these areas as priority assignments for REDI and allows the Governor, acting through
REDI, to waive criteria, requirements, or similar provisions of any economic development initiative. Such
incentives include, but are not limited to the Quick Response Training Program,32 transportation projects,33 the
brownfield redevelopment bonus refund,34 and the rural job tax credit program.35

Currently, there are three designated RAO areas:
    Northwest RAO: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Wakulla, and Washington
       counties, and certain portions of Bay, Okaloosa, and Walton Counties.
    South Central RAO: DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee counties, and the cities of
       Pahokee, Belle Glade, and South Bay in Palm Beach County and the city of Immokalee in Collier County.
    North Central RAO: Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson, Lafayette, Levy,
       Madison, Putnam, Suwannee, Taylor, and Union counties.36

Agency Grant Agreements
State agencies may enter into agreements with counties and municipalities to provide financial assistance paid for
by state or federal funds.37 Agreements of this type between a state agency and a local government must include
provisions specifying:
     A scope of work that clearly establishes the tasks the recipient is required to perform;
     The division of the agreement into quantifiable units of deliverables that must be received and accepted in
        writing by the agency before payment;
     Financial consequences that apply if the recipient fails to perform the minimum level of service required by
        the agreement;
     A recipient of federal or state financial assistance may expend funds only for allowable costs resulting from
        obligations incurred during the specified agreement period;
     Any balance of unobligated funds which has been advanced or paid must be refunded to the state agency;
     Any funds paid in excess of the amount to which the recipient or subrecipient is entitled under the terms
        and conditions of the agreement must be refunded to the state agency; and
     Any other additional provisions required by the Florida Single Audit Act.38

Additionally, any agreement that provides assistance to a county or municipality that is a rural community or RAO
must contain a provision that allows the agency to provide for the payment of invoices to the county or
municipality for verified and eligible performance that has been completed in accordance with the terms and
conditions set forth in the agreement.39 These provisions are intended to help alleviate financial hardships rural
counties and municipalities encounter when administering agreements and must be exercised by the agency when
a county or municipality demonstrates financial hardship, to the extent that federal or state law, rule, or other




31 S. 288.0656(7)(b), F.S.
32 S. 288.047, F.S.
33 S. 339.2821, F.S.
34 S. 288.107, F.S.
35 Ss. 212.098, F.S. and 220.1895, F.S.
36 Department of Commerce, Office of Rural Initiatives (last visited Jan. 15, 2026). The economic development organizations for

these RAOs are named Opportunity Florida, Florida Heartland Economic Region of Opportunity, and the North Florida
Economic Development Partnership, respectively.
37 S. 215.971(1), F.S.
38 S. 215.971(1)(a)-(g), F.S.
39 S. 215.971(1)(h), F.S.

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regulation allows such payments. In practice, this provision allows eligible grantees to receive direct payment for
performance under grant agreements without requiring an initial outlay by the local government.40

The Chief Financial Officer establishes and disseminates uniform procedures for grant management to ensure that
services have been rendered in accordance with agreement terms before the agency processes an invoice for
payment.41 The procedures include, but are not limited to, monitoring and documenting recipient performance,
reviewing and documenting deliverables for payment requested by recipients and providing written certification
by the grant manager of the agency’s receipt of goods and services.42 The grant manager must reconcile and verify
all funds received against all funds expended during the grant agreement period and produce a final report which
identifies any funds paid in excess by the recipient.43




                                                      BILL HISTORY
                                                                                               STAFF
                                                                                             DIRECTOR/       ANALYSIS
COMMITTEE REFERENCE                               ACTION                  DATE              POLICY CHIEF   PREPARED BY
Intergovernmental Affairs                         15 Y, 0 N             1/14/2026              Darden         Darden
Subcommittee
Housing, Agriculture & Tourism                                                                 Curtin         Rodriguez
Subcommittee
State Affairs Committee




40 Department of Commerce, House Bill 1209 – Changes in Law Designed to Support Rural and Fiscally Constrained Communities

Regarding the Payment of Specified Invoices (Aug. 22, 2023) (last visited Jan. 15, 2026).
41 S. 215.971(2)(b), F.S.
42 Id.
43 S. 215.971(2)(c), F.S.

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           HB 273                                                                                               2026




    1                                         A bill to be entitled
    2               An act relating to special district funding; amending
    3               s. 215.971, F.S.; revising agency agreements that
    4               provide state financial assistance to recipients or
    5               subrecipients to include certain special districts as
    6               an entity to which such agency may provide for the
    7               payment of invoices under specified circumstances;
    8               providing construction; amending s. 288.0656, F.S.;
    9               revising the definition of "rural community" to
10                  include certain special districts; providing an
11                  effective date.
12
13         Be It Enacted by the Legislature of the State of Florida:
14
15                  Section 1.        Paragraph (h) of subsection (1) of section
16         215.971, Florida Statutes, is amended to read:
17                  215.971      Agreements funded with federal or state
18         assistance.—
19                  (1)     An agency agreement that provides state financial
20         assistance to a recipient or subrecipient, as those terms are
21         defined in s. 215.97, or that provides federal financial
22         assistance to a subrecipient, as defined by applicable United
23         States Office of Management and Budget circulars, must include
24         all of the following:
25                  (h)     If the agency agreement provides federal or state

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        HB 273                                                                                               2026




26      financial assistance to a county or municipality that is a rural
27      community or rural area of opportunity as those terms are
28      defined in s. 288.0656(2) or a special district whose geographic
29      area, in whole or in part, is located in such county or
30      municipality, a provision allowing the agency to provide for the
31      payment of invoices to the county, municipality, or rural area
32      of opportunity as that term is defined in s. 288.0656(2), or
33      special district, for verified and eligible performance that has
34      been completed in accordance with the terms and conditions set
35      forth in the agreement. This provision is included to alleviate
36      the financial hardships that such certain rural counties, and
37      municipalities, or special districts encounter when
38      administering agreements, and must be exercised by the agency if
39      when a county, or municipality, or special district whose
40      geographic area, in whole or in part, is located in such county
41      or municipality demonstrates financial hardship, to the extent
42      that federal or state law, rule, or other regulation allows such
43      payments. This paragraph may not be construed to alter or limit
44      any other provisions of federal or state law, rule, or other
45      regulation.
46               Section 2.        Paragraph (e) of subsection (2) of section
47      288.0656, Florida Statutes, is amended to read:
48               288.0656         Rural Economic Development Initiative.—
49               (2)     As used in this section, the term:
50               (e)     "Rural community" means:

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        HB 273                                                                                               2026




51               1.      A county with a population of 75,000 or fewer.
52               2.      A county with a population of 125,000 or fewer which is
53      contiguous to a county with a population of 75,000 or fewer.
54               3.      A municipality or special district within a county
55      described in subparagraph 1. or subparagraph 2.
56               4.      An unincorporated federal enterprise community or an
57      incorporated rural city with a population of 25,000 or fewer and
58      an employment base focused on traditional agricultural or
59      resource-based industries, located in a county not defined as
60      rural, which has at least three or more of the economic distress
61      factors identified in paragraph (c) and verified by the
62      department.
63
64      For purposes of this paragraph, population shall be determined
65      in accordance with the most recent official estimate pursuant to
66      s. 186.901.
67               Section 3.        This act shall take effect July 1, 2026.




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HB 637
                                    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 637                                                         COMPANION BILL: SB 386 (Trumbull)
TITLE: Farm Equipment                                                  LINKED BILLS: None
SPONSOR(S): Griffitts                                                  RELATED BILLS: None
Committee References
 Housing, Agriculture & Tourism                           Civil Justice & Claims                                    Commerce
                                                                                              

SUMMARY
Effect of the Bill:
The bill requires a manufacturer of farm equipment to make repairs to conform the equipment to applicable express
warranty standards, or replace or refund such equipment if the manufacturer or its authorized dealer fails to conform
the farm equipment after a reasonable number of attempts, if a consumer reports the defective or non-conforming
farm equipment to the manufacturer within one year of the original delivery date or within the warranty period.

The bill provides affirmative defenses and allows consumers to bring civil actions for enforcement.


Fiscal or Economic Impact:
The bill may have a positive fiscal impact on owners of nonconforming farm equipment who may be able to get the
equipment fixed or replaced. The bill may have a negative fiscal impact on farm equipment manufacturers that may
need to fix or replace more farm equipment.


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ANALYSIS
EFFECT OF THE BILL:
The bill amends s. 604.04, F.S., farm equipment, to create Florida’s farm equipment lemon law. (Section 1)

The bill provides that if farm equipment is defective and does not conform to all applicable express written
warranties, the consumer may report the defect to the manufacturer or its authorized service agent during the
manufacturer's warranty period or during the 1-year period following the original delivery date of the farm
equipment to the consumer to allow the manufacturer or its authorized agent the opportunity to conform the farm
equipment to the warranty. Upon receipt of such report, the manufacturer or its authorized agent must make such
repairs as are necessary to conform the equipment to the warranty. Such repairs must be at no cost to the
consumer. (Section 1)

The bill requires the manufacturer or its authorized agent to replace the farm equipment with comparable farm
equipment, or accept the return of the defective farm equipment from the consumer and refund the consumer the
cash purchase price, including sales tax, license fees, registration fees, and any similar governmental charges if the
manufacturer or its authorized dealer is not able to or otherwise fails to conform the farm equipment to any
applicable express written warranty after a reasonable number of attempts. (Section 1)

The bill provides a presumption that the manufacturer has made a reasonable number of attempts to conform the
farm equipment to the applicable express warranties if the same nonconformity has been the subject of repair
three or more times by the manufacturer or its authorized agent but the nonconformity continues to exist. This
presumption applies to a manufacturer only if the manufacturer or its authorized agent has received prior direct
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written notification from or on behalf of the consumer and been offered an opportunity to cure the alleged defect.
(Section 1)

The bill provides an affirmative defense for the manufacturer for any claim brought under Ch. 604, F.S., if:
    An alleged nonconformity does not substantially impair the farm equipment's use and market value; or
    A nonconformity is the result of abuse or neglect, or of modifications or alterations of the farm equipment
        not authorized by the manufacturer.

The bill provides that the bill may not be construed to limit or impair the rights or remedies which are otherwise
available to a consumer under Ch. 681, F.S. (Section 1)

The bill allows any consumer who suffers a loss by reason of a violation of Ch. 604, F.S., to bring a civil action to
enforce such provision. (Section 1)

The bill defines “farm equipment” as all power-drawn, power-driven, or self-propelled equipment used on a farm
or used to transport farm products. (Section 1)

The bill makes conforming changes. (Section 1)

The bill has an effective date of July 1, 2026. (Section 2)

FISCAL OR ECONOMIC IMPACT:

PRIVATE SECTOR:
The bill may have a positive fiscal impact on owners of nonconforming farm equipment who may be able to get the
equipment fixed or replaced. The bill may have a negative fiscal impact on farm equipment manufacturers that may
need to fix or replace more farm equipment.


RELEVANT INFORMATION
SUBJECT OVERVIEW:
General Agricultural Laws

Chapter 604, F.S., addresses general agricultural laws, including surveys,1 limited agriculture associations,2 and
dealers in agricultural products.3

Farm Equipment

Section 604.40, F.S., provides that, notwithstanding any other law, ordinance, rule, or policy to the contrary, all
power-drawn, power-driven, or self-propelled equipment used on a farm or used to transport farm products may
be stored, maintained, or repaired by the owner within the boundaries of the owner’s farm and at least 50 feet


1 This is a program undertaken by state and local officials to survey and map the soils of Florida. S. 604.01, F.S.
2 Any three or more persons engaged in agricultural pursuits may form a limited agricultural association to encourage efficient

and progressive agriculture and to enable the farmers of Florida to enjoy the manifold benefits of joint and collective effort
without personal liability and the expense and technical involvements of corporate structure. Ss. 604.09 and 604.10, F.S.
3 A “dealer in agricultural products” is any person, partnership, corporation, or other business entity in the business of

purchasing, receiving, or soliciting agricultural products from the producer or the producer’s agent or representative for
resale or processing for sale; acting as an agent for such producer in the sale of agricultural products for the account of the
producer on a net return basis; or acting as a negotiating broker between the producer or the producer’s agent or
representative and the buyer. S. 604.15, F.S.
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away from any public road without limitation. However, this provision does not apply to farm equipment that is
used in urban agriculture, which is any new or existing noncommercial agricultural uses on land that is:4
    Within a dense urban land area,
    Not classified as agricultural,
    Not zoned as agricultural as its principal use, and
    Designated by a municipality for inclusion in an approved urban agricultural pilot project.

Farm Equipment Lemon Laws

Farm equipment is not generally covered under federal consumer warranty law, the Magnuson-Moss Warranty
Act,5 which only covers warranties for products normally used for personal, family, or household purposes.6

Due to consumer complaints, some states have passed specific “lemon laws” for farm equipment. Under these laws,
an owner of farm equipment has a legal remedy when the farm equipment has a nonconformity from the warranty
which has not been repaired within a reasonable number of attempts. The basic structure of a farm equipment
lemon law is similar to a motor vehicle lemon law, which mandates re-purchase or replacement of the product if it
has a nonconformity that has not been repaired within a reasonable number of attempts. Some states provide a
presumption of the reasonable number of attempts to repair, or they limit the repair attempts to a specific number
of days out of service. Additionally, some farm equipment lemon laws require a consumer to give the manufacturer
notice to make a final repair attempt before the consumer may seek legal relief.7

Motor Vehicle Warranty Enforcement Act

Chapter 681, F.S., the Motor Vehicle Warranty Enforcement Act,8 or “lemon law,” provides remedies for consumers
who purchase or lease new motor vehicles with a defect or condition not conforming to the express warranty9 that
substantially impairs the use, value, or safety of a motor vehicle 10 that has not been corrected within a reasonable
number of attempts11 by the manufacturer.12

A manufacturer of a motor vehicle notified of a defect in the vehicle by the consumer within 24 months13 of the
delivery of the vehicle to the consumer must make repairs to the vehicle so that it conforms to the warranty on the
vehicle.14 After three attempts to repair the vehicle, the consumer must provide written notice to the manufacturer
by certified or express mail allowing the manufacturer one final chance to repair the vehicle.15



4 The term does not include vegetable gardens for personal consumption on residential properties. S. 604.73, F.S.
5 15 U.S.C. §2301.
6 Richard Stuhlbarg and Adele Karoum, Is That Tractor Really a Lemon? A Look at State Legislation, Ag Innovator, 2019,

https://www.farmequip.org/agi/2019-summer/is-that-tractor-really-a-lemon/ (last visited Jan. 14, 2026).
7 Id.
8 S. 681.10, F.S.
9 See s. 681.104, F.S.
10 This does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration of the

motor vehicle by persons other than the manufacturer or its authorized service agent. S. 681.102, F.S.
11 See id. Section 681.104, F.S., provides that a “reasonable” number of attempts is three or more unsuccessful attempts for the

same nonconformity, as well as allowing the manufacturer one final attempt after receiving written notification from the
consumer by registered or express mail.
12 S. 681.102(13), F.S., defines “manufacturer” as any person, whether a resident or nonresident of Florida, who manufactures

or assembles motor vehicles, or who manufactures or assembles chassis for recreational vehicles, or who manufactures or
installs on previously assembled truck or recreational vehicle chassis special bodies or equipment which, when installed,
forms an integral part of the motor vehicle, or a “distributor” or an “importer” as those terms are defined in s. 320.60, F.S. A
“dealer” as defined in s. 320.60, F.S. may not be deemed to be a manufacturer, a distributor, or an importer.
13 This is called the “lemon law rights period.” See s. 681.102(9), F.S.
14 S. 681.103(1), F.S.
15 S. 681.104(1), F.S.

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If the manufacturer cannot repair the vehicle to conform to the warranty after this final attempt, the manufacturer,
within 40 days, must either repurchase the vehicle and refund the full purchase price to the consumer, less a
reasonable offset for use,16 or if the consumer pays a reasonable offset for use, replace the vehicle with a vehicle
acceptable to the consumer.17

A violation by a manufacturer of the “lemon law” is considered an unfair or deceptive trade practice.18 Additionally,
a consumer may file an action to recover damages caused by a violation of the “lemon law,” and the court must
award a consumer who prevails in such action the amount of any pecuniary loss, litigation costs, reasonable
attorney’s fees, and appropriate equitable relief.19



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




16 “Reasonable offset for use” means the number of miles attributable to a consumer up to the date of a settlement agreement

or arbitration hearing, whichever occurs first, multiplied by the base selling or sale price of the vehicle as reflected on the
purchase invoice, exclusive of taxes, government fees, and dealer fees, or in the case of a lease, the agreed upon value as
reflected in the lease agreement and divided by 120,000, except in the case of a recreational vehicle, in which event it shall be
divided by 60,000. S. 681.102(19), F.S.
17 If a manufacturer establishes a procedure that the Department of Legal Affairs (DLA) certifies as complying with the

informal dispute settlement procedures in the Code of Federal Regulations and informs the consumer about how to file a
claim, the consumer must follow that procedure before he or she may either receive a refund or a replacement vehicle. Ss. s.
681.104(2)(a) and 681.108(1), F.S. See 16 C.F.R. part 703.
18 S. 681.111, F.S.
19 S. 681.112(1), F.S. An action must be commenced within 1 year after the expiration of the lemon law rights period.

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           HB 637                                                                                               2026




    1                                         A bill to be entitled
    2               An act relating to farm equipment; amending s. 604.40,
    3               F.S.; defining the term "farm equipment"; conforming
    4               provisions to changes made by the act; authorizing a
    5               consumer to report farm equipment that is defective
    6               and does not conform to specified warranties to the
    7               manufacturer or its authorized service agent during a
    8               specified timeframe to allow the manufacturer or its
    9               authorized agent to conform such farm equipment to
10                  such warranty; requiring the manufacturer or its
11                  authorized agent to make such repairs to conform the
12                  farm equipment to the warranty upon receipt of such
13                  report; requiring that such repairs be at no cost to
14                  the consumer; requiring the manufacturer or its
15                  authorized agent to replace or accept the return of
16                  the defective farm equipment under certain
17                  circumstances; providing a presumption; providing for
18                  the nonapplicability of the presumption; providing
19                  affirmative defenses; providing civil remedies;
20                  providing an effective date.
21
22         Be It Enacted by the Legislature of the State of Florida:
23
24                  Section 1.        Section 604.40, Florida Statutes, is amended to
25         read:

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        HB 637                                                                                               2026




26               604.40      Farm equipment; protection against defective farm
27      equipment.—
28               (1)     As used in this section, the term "farm equipment"
29      means all power-drawn, power-driven, or self-propelled equipment
30      used on a farm or used to transport farm products.
31               (2)     Notwithstanding any other law, ordinance, rule, or
32      policy to the contrary, farm equipment all power-drawn, power-
33      driven, or self-propelled equipment used on a farm or used to
34      transport farm products may be stored, maintained, or repaired
35      by the owner within the boundaries of the owner's farm and at
36      least 50 feet away from any public road without limitation.
37               (2)     This subsection section does not apply to farm
38      equipment that is used in urban agriculture, as defined in s.
39      604.73(3).
40               (3)(a)      If farm equipment is defective and does not conform
41      to all applicable express written warranties, the consumer may
42      report the defect to the manufacturer or its authorized service
43      agent during the manufacturer's warranty period or during the 1-
44      year period following the original delivery date of the farm
45      equipment to the consumer to allow the manufacturer or its
46      authorized agent the opportunity to conform the farm equipment
47      to the warranty. Upon receipt of such report, the manufacturer
48      or its authorized agent shall make such repairs as are necessary
49      to conform the equipment to the warranty. Such repairs shall be
50      at no cost to the consumer.

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        HB 637                                                                                               2026




51               (b)      The manufacturer or its authorized agent shall replace
52      the farm equipment with comparable farm equipment, or accept the
53      return of the defective farm equipment from the consumer and
54      refund the consumer the cash purchase price, including sales
55      tax, license fees, registration fees, and any similar
56      governmental charges if the manufacturer or its authorized
57      dealer is not able to or otherwise fails to conform the farm
58      equipment to any applicable express written warranty after a
59      reasonable number of attempts.
60               (c)      It is presumed that the manufacturer has made a
61      reasonable number of attempts to conform the farm equipment to
62      the applicable express warranties if the same nonconformity has
63      been the subject of repair three or more times by the
64      manufacturer or its authorized agent but the nonconformity
65      continues to exist.
66               (d)      In no event shall the presumption provided in
67      paragraph (c) apply to a manufacturer unless the manufacturer or
68      its authorized agent has received prior direct written
69      notification from or on behalf of the consumer and been offered
70      an opportunity to cure the alleged defect.
71               (e)      It is an affirmative defense to any claim under this
72      chapter that:
73               1.      An alleged nonconformity does not substantially impair
74      the farm equipment's use and market value; or
75               2.      A nonconformity is the result of abuse or neglect, or

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        HB 637                                                                                               2026




76      of modifications or alterations of the farm equipment not
77      authorized by the manufacturer.
78               (f)     This chapter may not be construed to limit or impair
79      the rights or remedies which are otherwise available to a
80      consumer under chapter 681.
81               (g)     Any consumer who suffers a loss by reason of a
82      violation of this chapter may bring a civil action to enforce
83      such provision.
84               Section 2.        This act shall take effect July 1, 2026.




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              HOUSING, AGRICULTURE & TOURISM SUBCOMMITTEE

                                HB 637 by Rep. Griffitts
                                   Farm Equipment

                               AMENDMENT SUMMARY
                                  January 21, 2026

Amendment #732489 by Rep. Griffitts (Line 65): The amendment:
  • Requires all reasonable attempts to conform the farm equipment to the warranty by the
     manufacturer must be made within 18 months after the consumer reports the defect to
     the manufacturer.
  • Makes a technical change.
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 637   (2026)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Housing, Agriculture &
2      Tourism Subcommittee
3      Representative Griffitts offered the following:
4
5           Amendment
6           Remove lines 65-82 and insert:
7      continues to exist. All reasonable attempts to conform the farm
8      equipment to the warranty by the manufacturer must be made
9      within 18 months after the consumer reports the defect to the
10     manufacturer in accordance with paragraph (a).
11          (d)    In no event shall the presumption provided in
12     paragraph (c) apply to a manufacturer unless the manufacturer or
13     its authorized agent has received prior direct written
14     notification from or on behalf of the consumer and been offered
15     an opportunity to cure the alleged defect.


     732489 - h0637-line65.docx
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 637    (2026)
       Amendment No.


16          (e)    It is an affirmative defense to any claim under this
17     subsection that:
18          1.    An alleged nonconformity does not substantially impair
19     the farm equipment's use and market value; or
20          2.    A nonconformity is the result of abuse or neglect, or
21     of modifications to or alterations of the farm equipment not
22     authorized by the manufacturer.
23          (f)    This subsection may not be construed to limit or
24     impair the rights or remedies which are otherwise available to a
25     consumer under chapter 681.
26          (g)    Any consumer who suffers a loss by reason of a
27     violation of this subsection may bring a civil action to enforce




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                                     Page 2 of 2
HB 657
                                    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 657                                                         COMPANION BILL: None
TITLE: Community Associations                                          LINKED BILLS: None
SPONSOR(S): Porras                                                     RELATED BILLS: None
Committee References
 Housing, Agriculture &       Civil Justice & Claims                                  Budget                              Commerce
         Tourism                                                                                        

SUMMARY
Effect of the Bill:
The bill:
     Requires homeowners’ associations (HOAs) to include, or vote to include, “Kaufman” language in governing
        documents, which effectively subjects an HOA to Florida’s current community association laws and any
        future enactments.
     Allows HOAs to be terminated pursuant to a plan of termination that meets certain requirements.
     Eliminates presuit mediation requirements for community associations.
     Creates a community association court program with jurisdiction over disputes arising under the
        Condominium Act, Cooperative Act, or Homeowners’ Association Act.

Fiscal or Economic Impact:
The bill has an indeterminate impact on state government, local government, and the private sector.


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ANALYSIS
EFFECT OF THE BILL:
Presuit Mediation Requirements for Community Associations
The bill eliminates presuit mediation requirements for community associations. (Sections 1, 2, and 5.)

Community Association Court Program
The bill allows a circuit court to create and administer a community association court program. Under the bill, a
chief judge of a judicial circuit that creates a community association court program must designate at least one
judge to preside over the program. The bill authorizes the chief judge to issue administrative orders concerning the
community association court program. (Sections 1 and 7.)

The bill specifies that a community association court program has jurisdiction over disputes, including any related
termination or enforcement proceedings, arising under Florida’s Condominium Act, Cooperative Act, or
Homeowners’ Association Act. The bill authorizes a community association court program to do all of the
following:
     Enforce all statutory rights of unit owners and parcel owners.
     Verify and compel compliance with all statutory requirements by community associations, boards of
        administration, and officers or directors of such boards.
     Order the Department of State to dissolve a community association.
     Appoint a receiver to manage the distribution of association assets and resolution of liabilities.
     Impose civil penalties for violations of statutory rights.
     Issue injunctive relief as appropriate.
STORAGE NAME: h0657.HAT
DATE: 1/16/2026
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       Award reasonable attorney fees and costs as appropriate. (Section 7.)

The bill requires the chief judge in each judicial circuit in which a community association court program is created
to submit a report that summarizes the caseload of each community association court program and the outcomes
of such caseload to the President of the Senate and the Speaker of the House of Representatives by January 1 of
each year. (Section 7.)

The bill requires the Office of the State Courts Administrator to establish procedure, staffing, and reporting
requirements for the operation of a community association court program. (Section 7.)

The bill specifies that the costs associated with the creation, operation, and compliance and enforcement duties of
a community association court program will be funded through a general revenue appropriation to the
Department of Business and Professional Regulation. (Section 7.)

Dissolution of Homeowners’ Associations
The bill creates the Homeowners’ Association Dissolution and Accountability Act under which an HOA may be
terminated by a plan of termination that meets certain requirements specified by the bill. (Section 6.)

To initiate the process for terminating an HOA under the bill, a parcel owner must provide a petition for a plan of
termination that has been signed by at least 20 percent of the voting interests of the HOA to the board of
administration. Within 60 days of receiving such a petition, the bill requires the board to hold a meeting of the
members, the notice for which must be made in accordance with s. 720.303(2), F.S.,1 and include the following
information:
     A copy of the proposed plan of termination;
     An explanation of how the common areas and the assets of the HOA will be managed or transferred; and
     The manner in which voting will take place. (Section 6.)

Voting Requirements
The bill requires a plan of termination to be approved by at least two-thirds of the total voting interests of an HOA,
subject to the following conditions:
    The total voting interests must include all voting interests of the HOA for purposes of voting on a plan of
        termination.
    A voting interest may not be suspended for any reason when voting on a plan of termination.
    If the members of an HOA reject a plan of termination, a subsequent plan of termination may not be
        considered for at least 18 months after the date of the rejection. (Section 6.)

The bill specifies that a parcel owner desiring to reject a plan of termination must do so by voting to reject the plan
in person or by proxy, or by delivering a written objection to the HOA before or at the meeting called for the
purpose of voting on the plan. (Section 6.)

Approval by a Community Association Court Program
If a plan of termination is approved by an HOA, the bill requires the HOA’s board to submit the approved plan to
the community association court program in the judicial circuit where the HOA is located.2 Within 45 days of
receiving a plan of termination, the court program must examine the plan and notify the HOA by mail of any
procedural deficiencies or that the plan is accepted. If a plan is accepted, the termination may proceed as
authorized. The bill specifies that a plan of termination is presumed to be accepted if a community association
court program fails to provide the required notice within the 45-day time period. (Section 6.)


1 Section 720.303(2)(c), F.S., specifies notice requirements for board meetings of an HOA, unless different requirements are

specified in an HOA’s bylaws.
2 Or, if a community association court program does not exist in the judicial circuit in which the HOA is located, a court of

competent jurisdiction. (Section 6.)
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The bill requires the board to record an approved plan of termination3 that has been accepted by a community
association court program in the public records of each county in which any portion of the HOA is located. The bill
specifies that a plan of termination becomes effective upon recordation,4 at which point title to the HOA’s property
vests in a termination trustee. (Section 6.)

Termination Trustee
The bill specifies that the board serves as an HOA’s termination trustee unless a different person is appointed in a
plan of termination, in which case the board must transfer any HOA property to that trustee. A termination trustee
is vested with the powers given by an HOA’s declaration and bylaws, in addition to certain other powers specified
by the bill. The bill provides that the approval of a plan of termination does not terminate an HOA’s board, which
must continue in existence following approval of the plan with all powers and duties the board had before approval
of the plan. (Section 6.)

The bill authorizes and requires an HOA’s board to take the following actions after the approval of a plan of
termination, notwithstanding any provision to the contrary in the HOA’s declaration or bylaws:
    Employ directors, agents, attorneys, and other professionals to liquidate or conclude the affairs of the
        board.
    Conduct the affairs of the HOA as necessary for the liquidation or termination of the HOA.
    Carry out contracts and collect, pay, and settle debts and claims for and against the HOA.
    Defend suits brought against the HOA.
    Sue in the name of the HOA for all sums due or owed to the HOA or to recover any HOA property.
    Perform any act necessary to maintain, repair, or demolish unsafe or uninhabitable improvements or other
        HOA property in compliance with applicable codes.
    Sell at public or private sale or exchange, convey, or otherwise dispose of assets of the HOA for an amount
        deemed to be in the best interests of the HOA, and execute bills of sale and deeds of conveyance in the name
        of the HOA.
    Collect and receive rents, profits, accounts receivable, income, maintenance fees, special assessments, or
        insurance proceeds for the HOA.
    Contract and do anything in the name of the HOA which is proper or convenient to terminate the affairs of
        the HOA. (Section 6.)

The bill requires all HOA assets remaining after the payment of any debts to be distributed equally among
members or as otherwise provided in a plan of termination. The bill prevents a member from being subject to
personal liability for unpaid obligations of the HOA beyond the member’s regular assessments or special
assessments, as such assessments existed before the vote approving the termination. (Section 6.)

Ability to Petition a Court to Compel Compliance
The bill authorizes a member of an HOA to petition the community association court program in the judicial circuit
in which the HOA is located5 for an order compelling compliance with the bill’s provisions if any of the following
occurs:
     The board fails to call a meeting to vote on a plan of termination within the 60-day time period required by
        the bill.
     The board is unable, unwilling, or fails to act as termination trustee.
     The board refuses or fails to record the plan of termination or otherwise obstructs the termination process.
        (Section 6.)

The bill authorizes a community association court program to verify compliance with the procedural requirements
of a plan of termination under the bill, including all voting requirements; order the Department of State to dissolve


3 And the consents or joinders of parcel owners thereto. (Section 6.)
4 Unless a later date is specified in the plan of termination. (Section 6.)
5 Or, if a community association court program does not exist, a court of competent jurisdiction. (Section 6.)

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the HOA; and appoint a receiver to manage the distribution of assets and resolution of liabilities of a dissolved
HOA. (Section 6.)

The bill specifies the following actions by an HOA or an HOA’s officers or directors are unlawful:
    Failing to call or notice a meeting after receipt of a valid petition for a plan of termination.
    Spending HOA funds to campaign for or against a plan of termination.
    Concealing any financial or property records relevant to a plan of termination. (Section 6.)

The bill provides that an officer or director who violates the above provisions is subject to:
     A civil penalty of up to $5,000 per violation.
     Removal from office by court order.
     Personal liability for legal fees incurred by the petitioners. (Section 6.)

“Kaufman” Language
Beginning July 1, 2026, the bill requires each newly formed and incorporated homeowners’ association (HOA) to
include in its governing documents certain language that effectively subjects the HOA and its governing documents
to the current laws governing associations and any future amendments to those laws. This is known as “Kaufman”
language. (Section 3.)

The bill requires HOAs in existence on or before July 1, 2026 to hold a meeting of its members by January 1, 2027,
to vote whether to amend its governing documents to include Kaufman language. The bill specifies that the
decision to include Kaufman language in an HOA’s governing documents requires the affirmative approval of a
majority of the voting interests at a meeting of the members at which a quorum has been attained. (Section 3.)

The bill has an effective date of July 1, 2026. (Section 9.)

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill has an indeterminate impact on the Office of the State Courts Administrator which is responsible for
establishing the procedures, staffing, and reporting requirements for the operation of a community association
court program. A request for a formal analysis was submitted to the Office of the State Courts Administrator on
December 17, 2025.

LOCAL GOVERNMENT:
The bill has an indeterminate impact on judicial circuits in the state that decide to create and administer a
community association court program as authorized by the bill.

PRIVATE SECTOR:
The bill has an indeterminate positive impact on community associations and their members to the extent that the
community association court program results in more resolved disputes. The bill has an indeterminate impact on
homeowners’ associations that wish to dissolve and terminate. A request for a formal analysis was submitted to
the Department of Business and Professional Regulation on December 17, 2025.

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,


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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.6

The table below summarizes the three major types of community associations recognized in Florida,7 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.8
        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
                                    cooperative association as the owner of all the
                                    cooperative property.9
        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.10

Presuit Mediation Requirements for Community Associations
Under Florida law, certain disputes between a homeowners’ association and a parcel owner are subject to presuit
mediation before the dispute is filed in court.11 The disputes subject to presuit mediation include disputes
regarding:
    The use of or changes to a parcel or the common areas and other covenant enforcement disputes.
    Amendments to an association’s documents.
    Meetings of the board and committees appointed by the board.
    Member meetings not including election or recall disputes.
    Access to the official records of the association.12

Presuit mediation proceedings for community associations must be conducted in accordance with the applicable
Florida Rules of Civil Procedure, and such proceedings are privileged and confidential to the same extent as court-
ordered mediation.13

6 S. 468.431(1), F.S.
7 Other community associations recognized in Florida include vacation and timeshare plans. See ch. 721, F.S.
8 S. 718.103(12), F.S.
9 S. 719.103(12), F.S.
10 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.
11 See s. 720.311, F.S.
12 S. 720.311(2)(a), F.S.
13 Id.

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The failure of a party to respond to a demand or response for presuit mediation, agree upon a mediator, make
payment of fees and costs within the time established by the mediator, or appear for a scheduled mediation session
without the approval of the mediator entitles the other party to proceed in court and seek an award of the costs
and fees associated with the mediation.14 A party’s failure or refusal to participate in the mediation process bars
the recovery of any fees and costs by such party in subsequent litigation relating to the dispute.15

Optional Termination for Condominium Associations
Under the Florida Condominium Act, the condominium form of ownership may be terminated for all or a portion of
the condominium’s property pursuant to a plan of termination that meets certain requirements and is approved by
the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division) within the Department of
Business and Professional Regulation (DBPR).16

Florida law requires a plan of termination for a condominium association to be approved by at least 80 percent of
the total voting interests of the condominium.17 If 5 percent or more of the total voting interests of the
condominium association rejects a plan of termination by negative vote or by providing written objections,
however, the plan of termination may not proceed.18

The termination of a condominium association is subject to the following conditions:
    The total voting interests of the condominium must include all voting interests for the purpose of
       considering a plan of termination.
    A voting interest of the condominium may not be suspended for any reason when voting on termination.
    If 5 percent or more of the total voting interests of the condominium reject a plan of termination, a
       subsequent plan of termination may not be considered for 24 months after the date of the rejection.19

Once a plan of termination is approved by a condominium association, the plan must be submitted to the Division.
The Division must examine the plan of termination to determine its procedural sufficiency and, within 45 days of
receiving the plan, the Division must notify the condominium association by mail of any procedural deficiencies or
that the plan is accepted.20 If the Division does not provide notice within the 45-day time period, the plan of
termination is presumed to be accepted.21 If the Division determines that the requisite conditions have been met
and that the plan complies with procedural requirements, the Division must approve the termination, at which
point the termination may proceed as authorized.22

The approval of a plan of termination does not terminate a condominium association, which shall continue to exist
with all of the powers and duties it had before the plan was approved. Notwithstanding any provision to the
contrary in a condominium association’s declaration or bylaws, after approval of a plan of termination, the
condominium association’s board must:
    Employ directors, agents, attorneys, and other professionals to liquidate or conclude its affairs.
    Conduct the affairs of the association as necessary for the liquidation or termination.
    Carry out contracts and collect, pay, and settle debts and claims for and against the association.
    Defend suits brought against the association.
    Sue in the name of the association for all sums due or owed to the association or to recover any of its
        property.

14 S. 720.311(2)(b), F.S.
15 Id.
16 S. 718.117(3), F.S.
17 Id.
18 Id.
19 S. 718.117(3)(a), F.S.
20 S. 718.117(3)(e), F.S.
21 Id.
22 Id.

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         Perform any act necessary to maintain, repair, or demolish unsafe or uninhabitable improvements or other
          condominium property in compliance with applicable codes.
         Sell at public or private sale or exchange, convey, or otherwise dispose of assets of the association for an
          amount deemed to be in the best interests of the association, and execute bills of sale and deeds of
          conveyance in the name of the association.
         Collect and receive rents, profits, accounts receivable, income, maintenance fees, special assessments, or
          insurance proceeds for the association.
         Contract and do anything in the name of the association which is proper or convenient to terminate the
          affairs of the association.23

Impairment of Contracts and Community Association Law
The U.S. Constitution and the Florida Constitution prohibit states from passing any law “impairing the obligation of
contracts.”24 The Florida Supreme Court has interpreted the language under the Florida Constitution to mean, as a
general rule, the Legislature is prohibited from enacting any law that impairs vested rights under a contract
between private parties.25

The governing documents of a community association are essentially contracts between a community association
and its members. The governing documents of an association include:
    The recorded declaration of covenants for the community and all duly adopted amendments, supplements,
        and exhibits thereto; and
    The articles of incorporation and bylaws of the association and all duly adopted amendments thereto.26

For community associations, the general rule against the impairment of contracts means that an amended statute
may not be applied to an association’s governing documents if the new or amended statute impairs a vested right
guaranteed by the governing documents.27 A statute impairs the governing documents if it creates a new
obligation, imposes a new penalty, or diminishes a vested right.28 A vested right is a right derived from an
association’s governing documents, whereas a statutory right is derived from state statute.29

“Kaufman” Language
Notwithstanding the general rule against the impairment of contracts, an exception exists if an association’s
governing documents incorporate future legislative enactments. To accomplish this, the governing documents
must contain language in substantially the following form: “This association and the association’s governing
documents are governed by the Florida Homeowners’ Association Act [or the Condominium Act, as applicable], as
amended from time to time.” The phrase “as amended from time to time” effectively incorporates future
legislative enactments and is known as Kaufman language.30

If the governing documents of an association have Kaufman language, an amended statute under Florida’s
community association laws does not impair the governing documents and may apply to the association, as the
governing documents have already incorporated any future changes to those laws.

23 S. 718.117(6), F.S.
24 U.S. CONST. art. I, § 10, cl. 1; FLA. CONST. art. I, § 10.
25 See Dewberry v. Auto-Owners Ins. Co., 363 So. 2d 1077, 1080 (Fla. 1978). See also Eric Glazer and Louis Goetz, Florida

Community Association Law: Contracts Clause Application in an Ever-Changing Legislative Landscape (Sep./Oct. 2015), Fla. Bar
Journal, Vol. 89 No. 8, https://www.floridabar.org/the-florida-bar-journal/florida-community-association-law-contracts-
clause-application-in-an-ever-changing-legislative-landscape/ (last visited Jan. 15, 2026).
26 S. 720.301(8), F.S.
27 See Cohn v. The Grand Condominium Ass’n, Inc., 62 So. 3d 1120 (Fla. 2011); see also Pomponio v. Claridge of Pompano Condo,

Inc., 378 So. 2d 774, 776 (Fla. 1979).
28 See R.A.M. of South Fla., Inc., v. WCI Communities, Inc., 869 So. 2d 1210 (Fla. 2d DCA 2004) (quoting Div. of Workers’ Comp. v.

Brevada, 420 So. 2d 887, 891 (Fla. 1st DCA 1982).
29 See R.A.M. of South Fla., 869 So. 2d at 1210. See also Eric Glazer, Florida Community Association Law, Fla. Bar Journal

(Sep./Oct. 2015), Vol. 89 No. 8.
30 See Kaufman v. Shere, 347 So. 2d 627 (Fla. 3d DCA 1977), cert. den., 355 So 2d 517 (Fla. 1978).

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RECENT LEGISLATION:

  YEAR         BILL #/SUBJECT       HOUSE/SENATE SPONSOR(S)                 OTHER INFORMATION

  2025          CS/CS/HB 983              Porras/ Arrington           Amended provisions in the
                                                                      Homeowners’ Association Act. Died
                                                                      in the House.
  2024        CS/CS/CS/HB 1021             Lopez, V./ Bradley         Amended provisions in the
                                                                      Condominium Act, Cooperative Act,
                                                                      and Homeowners’ Association Act.
                                                                      Approved by the Governor.
  2023          CS/CS/HB 919     Porras, Fernandez-Barquin/ Rodriguez Amended provisions in the
                                                                      Condominium Act, Cooperative Act,
                                                                      and Homeowners’ Association Act.
                                                                      Approved by the Governor.


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

Commerce Committee




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           HB 657                                                                                               2026




    1                                         A bill to be entitled
    2               An act relating to community associations; amending s.
    3               718.1255, F.S.; removing presuit mediation
    4               requirements; amending s. 720.302, F.S.; conforming a
    5               provision to changes made by the act; amending s.
    6               720.303, F.S.; requiring associations to include a
    7               specified statement in the governing documents or to
    8               hold a meeting by a date certain to vote to amend the
    9               governing documents to include such statement;
10                  requiring a vote held at such meetings to be approved
11                  by a certain amount of the voting interests; amending
12                  s. 720.306, F.S.; conforming a cross-reference;
13                  amending s. 720.311, F.S.; removing presuit mediation
14                  requirements; requiring that specified arbitrators
15                  conduct arbitration proceedings; creating s. 720.319,
16                  F.S.; providing a short title; providing legislative
17                  findings; authorizing a homeowners' association to be
18                  terminated; providing requirements for the termination
19                  of a homeowners' association; providing conditions for
20                  a plan of termination; requiring an approved plan of
21                  termination be submitted to a community association
22                  court program and recorded in the public records of
23                  each county in which the association is located;
24                  providing duties and responsibilities of a termination
25                  trustee; authorizing a member to file a petition with

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26               a community association court program under certain
27               circumstances; authorizing a community association
28               court program to take certain actions; providing
29               responsibilities of the board after approval of a plan
30               of termination; providing for the distribution of
31               assets and paying of lawful debts after an association
32               is terminated; specifying unlawful actions by an
33               association or its officers or directors; providing
34               penalties; creating s. 720.32, F.S.; providing
35               legislative intent; authorizing circuit courts to
36               create and administer a community association court
37               program; providing duties of the chief judge;
38               providing the jurisdiction of the community
39               association court program; authorizing the community
40               association court program to take certain actions;
41               requiring the chief judge of certain judicial circuits
42               to submit to the Legislature a specified report
43               annually by a specified date; providing duties of the
44               Office of the State Courts Administrator; providing
45               that certain costs associated with the community
46               association court program be funded through an
47               appropriation to the Department of Business and
48               Professional Regulation; amending s. 34.01, F.S.;
49               conforming a provision to changes made by the act;
50               providing an effective date.

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51
52      Be It Enacted by the Legislature of the State of Florida:
53
54               Section 1.         Subsections (6) and (7) of section 718.1255,
55      Florida Statutes, are renumbered as subsections (5) and (6),
56      respectively, and paragraphs (a), (h), (k), and (m) of
57      subsection (4) and present subsection (5) of that section are
58      amended, to read:
59               718.1255         Alternative dispute resolution; mediation;
60      nonbinding arbitration; applicability.—
61               (4)     NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.—The
62      Division of Florida Condominiums, Timeshares, and Mobile Homes
63      of the Department of Business and Professional Regulation may
64      employ full-time attorneys to act as arbitrators to conduct the
65      arbitration hearings provided by this chapter. The division may
66      also certify attorneys who are not employed by the division to
67      act as arbitrators to conduct the arbitration hearings provided
68      by this chapter. A person may not be employed by the department
69      as a full-time arbitrator unless he or she is a member in good
70      standing of The Florida Bar. A person may only be certified by
71      the division to act as an arbitrator if he or she has been a
72      member in good standing of The Florida Bar for at least 5 years
73      and has mediated or arbitrated at least 10 disputes involving
74      condominiums in this state during the 3 years immediately
75      preceding the date of application, mediated or arbitrated at

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76       least 30 disputes in any subject area in this state during the 3
77       years immediately preceding the date of application, or attained
78       board certification in real estate law or condominium and
79       planned development law from The Florida Bar. Arbitrator
80       certification is valid for 1 year. An arbitrator who does not
81       maintain the minimum qualifications for initial certification
82       may not have his or her certification renewed. The department
83       may not enter into a legal services contract for an arbitration
84       hearing under this chapter with an attorney who is not a
85       certified arbitrator unless a certified arbitrator is not
86       available within 50 miles of the dispute. The department shall
87       adopt rules of procedure to govern such arbitration hearings
88       including mediation incident thereto. The decision of an
89       arbitrator is final; however, a decision is not deemed final
90       agency action. Nothing in this provision shall be construed to
91       foreclose parties from proceeding in a trial de novo unless the
92       parties have agreed that the arbitration is binding. If judicial
93       proceedings are initiated, the final decision of the arbitrator
94       is admissible in evidence in the trial de novo.
95                (a)     Before the institution of court litigation, a party to
96       a dispute, other than an election or recall dispute, must shall
97       either petition the division for nonbinding arbitration or
98       request that the case be referred to mediation initiate presuit
99       mediation as provided in subsection (5). Arbitration is binding
100      on the parties if all parties in arbitration agree to be bound

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101      in a writing filed in arbitration. The petition must be
102      accompanied by a filing fee in the amount of $50. Filing fees
103      collected under this section must be used to defray the expenses
104      of the alternative dispute resolution program.
105               (h)     Mediation proceedings must generally be conducted in
106      accordance with the Florida Rules of Civil Procedure, and these
107      proceedings are privileged and confidential to the same extent
108      as court-ordered mediation. Persons who are not parties to the
109      dispute are not allowed to attend the mediation conference
110      without the consent of all parties, with the exception of
111      counsel for the parties and corporate representatives designated
112      to appear for a party. If the mediator declares an impasse after
113      a mediation conference has been held, the arbitration proceeding
114      terminates, unless all parties agree in writing to continue the
115      arbitration proceeding, in which case the arbitrator's decision
116      shall be binding or nonbinding, as agreed upon by the parties;
117      in the arbitration proceeding, the arbitrator shall not consider
118      any evidence relating to the unsuccessful mediation except in a
119      proceeding to impose sanctions for failure to appear at the
120      mediation conference. If the parties do not agree to continue
121      arbitration, the arbitrator shall enter an order of dismissal,
122      and either party may institute a suit in a community association
123      court program under s. 720.32 or a court of competent
124      jurisdiction. The parties may seek to recover any costs and
125      attorney fees incurred in connection with arbitration and

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126      mediation proceedings under this section as part of the costs
127      and fees that may be recovered by the prevailing party in any
128      subsequent litigation.
129               (k)     The arbitration decision shall be rendered within 30
130      days after the hearing and presented to the parties in writing.
131      An arbitration decision is final in those disputes in which the
132      parties have agreed to be bound. An arbitration decision is also
133      final if a complaint for a trial de novo is not filed in a
134      community association court program under s. 720.32 or a court
135      of competent jurisdiction in which the condominium is located
136      within 30 days. The right to file for a trial de novo entitles
137      the parties to file a complaint in the appropriate trial court
138      for a judicial resolution of the dispute. The prevailing party
139      in an arbitration proceeding shall be awarded the costs of the
140      arbitration and reasonable attorney fees in an amount determined
141      by the arbitrator. Such an award shall include the costs and
142      reasonable attorney fees incurred in the arbitration proceeding
143      as well as the costs and reasonable attorney fees incurred in
144      preparing for and attending any scheduled mediation. An
145      arbitrator's failure to render a written decision within 30 days
146      after the hearing may result in the cancellation of his or her
147      arbitration certification.
148               (m)     Any party to an arbitration proceeding may enforce an
149      arbitration award by filing a petition in a community
150      association court program under s. 720.32 or a court of

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151      competent jurisdiction in which the condominium is located. A
152      petition may not be granted unless the time for appeal by the
153      filing of a complaint for trial de novo has expired. If a
154      complaint for a trial de novo has been filed, a petition may not
155      be granted with respect to an arbitration award that has been
156      stayed. If the petition for enforcement is granted, the
157      petitioner shall recover reasonable attorney fees and costs
158      incurred in enforcing the arbitration award. A mediation
159      settlement may also be enforced through the county or circuit
160      court or a community association court program, as applicable,
161      and any costs and fees incurred in the enforcement of a
162      settlement agreement reached at mediation must be awarded to the
163      prevailing party in any enforcement action.
164               (5)     PRESUIT MEDIATION.—In lieu of the initiation of
165      nonbinding arbitration as provided in subsections (1)-(4), a
166      party may submit a dispute to presuit mediation in accordance
167      with s. 720.311; however, election and recall disputes are not
168      eligible for mediation and such disputes must be arbitrated by
169      the division or filed in a court of competent jurisdiction.
170               Section 2.        Subsection (2) of section 720.302, Florida
171      Statutes, is amended to read:
172               720.302      Purposes, scope, and application.—
173               (2)     The Legislature recognizes that it is not in the best
174      interest of homeowners' associations or the individual
175      association members thereof to create or impose a bureau or

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176      other agency of state government to regulate the affairs of
177      homeowners' associations. However, in accordance with s.
178      720.311, the Legislature finds that homeowners' associations and
179      their individual members will benefit from an expedited
180      alternative process for resolution of election and recall
181      disputes and presuit mediation of other disputes involving
182      covenant enforcement and authorizes the department to hear,
183      administer, and determine these disputes as more fully set forth
184      in this chapter. Further, the Legislature recognizes that
185      certain contract rights have been created for the benefit of
186      homeowners' associations and members thereof before the
187      effective date of this act and that ss. 720.301-720.407 are not
188      intended to impair such contract rights, including, but not
189      limited to, the rights of the developer to complete the
190      community as initially contemplated.
191               Section 3.        Subsection (1) of section 720.303, Florida
192      Statutes, is amended to read:
193               720.303      Association powers and duties; meetings of board;
194      official records; budgets; financial reporting; association
195      funds; recalls.—
196               (1)     POWERS AND DUTIES.—
197               (a)     An association that operates a community as defined in
198      s. 720.301 must be operated by an association that is a Florida
199      corporation. After October 1, 1995, the association must be
200      incorporated and the initial governing documents must be

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201      recorded in the official records of the county in which the
202      community is located. An association may operate more than one
203      community.
204               (b)     The officers and directors of an association are
205      subject to s. 617.0830 and have a fiduciary relationship to the
206      members who are served by the association.
207               (c)     The powers and duties of an association include those
208      set forth in this chapter and, except as expressly limited or
209      restricted in this chapter, those set forth in the governing
210      documents.
211               1.      Beginning July 1, 2026, each newly formed and
212      incorporated association must include the following statement in
213      the governing documents:
214
215               This association and the association's governing
216               documents are governed by the Florida Condominium Act,
217               as amended from time to time.
218
219               2.      By January 1, 2027, each association in existence on or
220      before July 1, 2026, must hold a meeting of the members in
221      accordance with s. 720.306 to vote whether to amend the
222      governing documents of the association to include the statement
223      in subparagraph 1. The association must obtain the affirmative
224      approval of a majority of the voting interests at a meeting of
225      the membership at which a quorum has been attained in order to

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226      amend the governing documents under this subparagraph.
227               (d)     After control of the association is obtained by
228      members other than the developer, the association may institute,
229      maintain, settle, or appeal actions or hearings in its name on
230      behalf of all members concerning matters of common interest to
231      the members, including, but not limited to, the common areas;
232      roof or structural components of a building, or other
233      improvements for which the association is responsible;
234      mechanical, electrical, or plumbing elements serving an
235      improvement or building for which the association is
236      responsible; representations of the developer pertaining to any
237      existing or proposed commonly used facility; and protest of ad
238      valorem taxes on commonly used facilities. The association may
239      defend actions in eminent domain or bring inverse condemnation
240      actions. Before commencing litigation against any party in the
241      name of the association involving amounts in controversy in
242      excess of $100,000, the association must obtain the affirmative
243      approval of a majority of the voting interests at a meeting of
244      the membership at which a quorum has been attained. This
245      paragraph subsection does not limit any statutory or common-law
246      right of any individual member or class of members to bring any
247      action without participation by the association.
248               (e)     A member does not have authority to act for the
249      association by virtue of being a member. An association may have
250      more than one class of members and may issue membership

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251      certificates.
252               (f)     An association of 15 or fewer parcel owners may
253      enforce only the requirements of those deed restrictions
254      established prior to the purchase of each parcel upon an
255      affected parcel owner or owners.
256               Section 4.        Paragraph (h) of subsection (1) of section
257      720.306, Florida Statutes, is amended to read:
258               720.306       Meetings of members; voting and election
259      procedures; amendments.—
260               (1)     QUORUM; AMENDMENTS.—
261               (h)1.       Except as otherwise provided in this paragraph, any
262      governing document, or amendment to a governing document, that
263      is enacted after July 1, 2021, and that prohibits or regulates
264      rental agreements applies only to a parcel owner who acquires
265      title to the parcel after the effective date of the governing
266      document or amendment, or to a parcel owner who consents,
267      individually or through a representative, to the governing
268      document or amendment.
269               2.      Notwithstanding subparagraph 1., an association may
270      amend its governing documents to prohibit or regulate rental
271      agreements for a term of less than 6 months and may prohibit the
272      rental of a parcel for more than three times in a calendar year,
273      and such amendments shall apply to all parcel owners.
274               3.      This paragraph does not affect the amendment
275      restrictions for associations of 15 or fewer parcel owners under

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276      s. 720.303(1)(f) s. 720.303(1).
277               4.      For purposes of this paragraph, a change of ownership
278      does not occur when a parcel owner conveys the parcel to an
279      affiliated entity, when beneficial ownership of the parcel does
280      not change, or when an heir becomes the parcel owner. For
281      purposes of this subparagraph, the term "affiliated entity"
282      means an entity that controls, is controlled by, or is under
283      common control with the parcel owner or that becomes a parent or
284      successor entity by reason of transfer, merger, consolidation,
285      public offering, reorganization, dissolution or sale of stock,
286      or transfer of membership partnership interests. For a
287      conveyance to be recognized as one made to an affiliated entity,
288      the entity must furnish to the association a document certifying
289      that this subparagraph applies and provide any organizational
290      documents for the parcel owner and the affiliated entity which
291      support the representations in the certificate, as requested by
292      the association.
293               5.      For purposes of this paragraph, a change of ownership
294      does occur when, with respect to a parcel owner that is a
295      business entity, every person that owned an interest in the real
296      property at the time of the enactment of the amendment or rule
297      conveys their interest in the real property to an unaffiliated
298      entity.
299               Section 5.        Section 720.311, Florida Statutes, is amended
300      to read:

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301               720.311      Dispute resolution.—
302               (1)     The Legislature finds that alternative dispute
303      resolution has made progress in reducing court dockets and
304      trials and in offering a more efficient, cost-effective option
305      to litigation. The filing of any petition for arbitration tolls
306      or the serving of a demand for presuit mediation as provided for
307      in this section shall toll the applicable statute of
308      limitations. Any recall dispute filed with the department under
309      s. 720.303(10) must shall be conducted by the department in
310      accordance with the provisions of ss. 718.112(2)(l) and 718.1255
311      and the rules adopted by the division. In addition, the
312      department shall conduct binding arbitration of election
313      disputes between a member and an association in accordance with
314      s. 718.1255 and rules adopted by the division. Election disputes
315      and recall disputes are not eligible for presuit mediation;
316      these disputes must be arbitrated by the department or filed in
317      a court of competent jurisdiction. The arbitration proceeding
318      must be conducted by a department arbitrator or by a private
319      arbitrator certified by the department. At the conclusion of an
320      arbitration proceeding, the department shall charge the parties
321      a fee in an amount adequate to cover all costs and expenses
322      incurred by the department in conducting the proceeding.
323      Initially, the petitioner shall remit a filing fee of at least
324      $200 to the department. The fees paid to the department shall
325      become a recoverable cost in the arbitration proceeding, and the

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326      prevailing party in an arbitration proceeding shall recover its
327      reasonable costs and attorney fees in an amount found reasonable
328      by the arbitrator. The department shall adopt rules to
329      effectuate the purposes of this section.
330               (2)(a)      Disputes between an association and a parcel owner
331      regarding use of or changes to the parcel or the common areas
332      and other covenant enforcement disputes, disputes regarding
333      amendments to the association documents, disputes regarding
334      meetings of the board and committees appointed by the board,
335      membership meetings not including election meetings, and access
336      to the official records of the association shall be the subject
337      of a demand for presuit mediation served by an aggrieved party
338      before the dispute is filed in court. Presuit mediation
339      proceedings must be conducted in accordance with the applicable
340      Florida Rules of Civil Procedure, and these proceedings are
341      privileged and confidential to the same extent as court-ordered
342      mediation. Disputes subject to presuit mediation under this
343      section shall not include the collection of any assessment,
344      fine, or other financial obligation, including attorney's fees
345      and costs, claimed to be due or any action to enforce a prior
346      mediation settlement agreement between the parties. Also, in any
347      dispute subject to presuit mediation under this section where
348      emergency relief is required, a motion for temporary injunctive
349      relief may be filed with the court without first complying with
350      the presuit mediation requirements of this section. After any

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351      issues regarding emergency or temporary relief are resolved, the
352      court may either refer the parties to a mediation program
353      administered by the courts or require mediation under this
354      section. An arbitrator or judge may not consider any information
355      or evidence arising from the presuit mediation proceeding except
356      in a proceeding to impose sanctions for failure to attend a
357      presuit mediation session or to enforce a mediated settlement
358      agreement. Persons who are not parties to the dispute may not
359      attend the presuit mediation conference without the consent of
360      all parties, except for counsel for the parties and a corporate
361      representative designated by the association. When mediation is
362      attended by a quorum of the board, such mediation is not a board
363      meeting for purposes of notice and participation set forth in s.
364      720.303. An aggrieved party shall serve on the responding party
365      a written demand to participate in presuit mediation in
366      substantially the following form:
367               STATUTORY OFFER TO PARTICIPATE
368               IN PRESUIT MEDIATION
369               The alleged aggrieved party, ................, hereby
370               demands that ................, as the responding
371               party, engage in mandatory presuit mediation in
372               connection with the following disputes, which by
373               statute are of a type that are subject to presuit
374               mediation:
375               (List specific nature of the dispute or disputes to be

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376               mediated and the authority supporting a finding of a
377               violation as to each dispute.)
378               Pursuant to section 720.311, Florida Statutes, this
379               demand to resolve the dispute through presuit
380               mediation is required before a lawsuit can be filed
381               concerning the dispute. Pursuant to the statute, the
382               parties are required to engage in presuit mediation
383               with a neutral third-party mediator in order to
384               attempt to resolve this dispute without court action,
385               and the aggrieved party demands that you likewise
386               agree to this process. If you fail to participate in
387               the mediation process, suit may be brought against you
388               without further warning.
389               The process of mediation involves a supervised
390               negotiation process in which a trained, neutral third-
391               party mediator meets with both parties and assists
392               them in exploring possible opportunities for resolving
393               part or all of the dispute. By agreeing to participate
394               in presuit mediation, you are not bound in any way to
395               change your position. Furthermore, the mediator has no
396               authority to make any decisions in this matter or to
397               determine who is right or wrong and merely acts as a
398               facilitator to ensure that each party understands the
399               position of the other party and that all options for
400               reasonable settlement are fully explored.

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401               If an agreement is reached, it shall be reduced to
402               writing and becomes a binding and enforceable
403               commitment of the parties. A resolution of one or more
404               disputes in this fashion avoids the need to litigate
405               these issues in court. The failure to reach an
406               agreement, or the failure of a party to participate in
407               the process, results in the mediator declaring an
408               impasse in the mediation, after which the aggrieved
409               party may proceed to court on all outstanding,
410               unsettled disputes. If you have failed or refused to
411               participate in the entire mediation process, you will
412               not be entitled to recover attorney's fees, even if
413               you prevail.
414               The aggrieved party has selected and hereby lists five
415               certified mediators who we believe to be neutral and
416               qualified to mediate the dispute. You have the right
417               to select any one of these mediators. The fact that
418               one party may be familiar with one or more of the
419               listed mediators does not mean that the mediator
420               cannot act as a neutral and impartial facilitator. Any
421               mediator who cannot act in this capacity is required
422               ethically to decline to accept engagement. The
423               mediators that we suggest, and their current hourly
424               rates, are as follows:
425               (List the names, addresses, telephone numbers, and

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426               hourly rates of the mediators. Other pertinent
427               information about the background of the mediators may
428               be included as an attachment.)
429               You may contact the offices of these mediators to
430               confirm that the listed mediators will be neutral and
431               will not show any favoritism toward either party. The
432               Florida Supreme Court can provide you a list of
433               certified mediators.
434               Unless otherwise agreed by the parties, section
435               720.311(2)(b), Florida Statutes, requires that the
436               parties share the costs of presuit mediation equally,
437               including the fee charged by the mediator. An average
438               mediation may require three to four hours of the
439               mediator's time, including some preparation time, and
440               the parties would need to share equally the mediator's
441               fees as well as their own attorney's fees if they
442               choose to employ an attorney in connection with the
443               mediation. However, use of an attorney is not required
444               and is at the option of each party. The mediators may
445               require the advance payment of some or all of the
446               anticipated fees. The aggrieved party hereby agrees to
447               pay or prepay one-half of the mediator's estimated
448               fees and to forward this amount or such other
449               reasonable advance deposits as the mediator requires
450               for this purpose. Any funds deposited will be returned

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451               to you if these are in excess of your share of the
452               fees incurred.
453               To begin your participation in presuit mediation to
454               try to resolve the dispute and avoid further legal
455               action, please sign below and clearly indicate which
456               mediator is acceptable to you. We will then ask the
457               mediator to schedule a mutually convenient time and
458               place for the mediation conference to be held. The
459               mediation conference must be held within ninety (90)
460               days of this date, unless extended by mutual written
461               agreement. In the event that you fail to respond
462               within 20 days from the date of this letter, or if you
463               fail to agree to at least one of the mediators that we
464               have suggested or to pay or prepay to the mediator
465               one-half of the costs involved, the aggrieved party
466               will be authorized to proceed with the filing of a
467               lawsuit against you without further notice and may
468               seek an award of attorney's fees or costs incurred in
469               attempting to obtain mediation.
470               Therefore, please give this matter your immediate
471               attention. By law, your response must be mailed by
472               certified mail, return receipt requested, and by
473               first-class mail to the address shown on this demand.
474               ........................
475               ........................

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476               RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR
477               AGREEMENT TO THAT CHOICE.
478                                            AGREEMENT TO MEDIATE
479               The undersigned hereby agrees to participate in
480               presuit mediation and agrees to attend a mediation
481               conducted by the following mediator or mediators who
482               are listed above as someone who would be acceptable to
483               mediate this dispute:
484               (List acceptable mediator or mediators.)
485               I/we further agree to pay or prepay one-half of the
486               mediator's fees and to forward such advance deposits
487               as the mediator may require for this purpose.
488               ........................
489               Signature of responding party #1
490               ........................
491               Telephone contact information
492               ........................
493               Signature and telephone contact information of
494               responding party #2 (if applicable)(if property is
495               owned by more than one person, all owners must sign)
496               (b)     Service of the statutory demand to participate in
497      presuit mediation shall be effected by sending a letter in
498      substantial conformity with the above form by certified mail,
499      return receipt requested, with an additional copy being sent by
500      regular first-class mail, to the address of the responding party

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501      as it last appears on the books and records of the association.
502      The responding party has 20 days from the date of the mailing of
503      the statutory demand to serve a response to the aggrieved party
504      in writing. The response shall be served by certified mail,
505      return receipt requested, with an additional copy being sent by
506      regular first-class mail, to the address shown on the statutory
507      demand. Notwithstanding the foregoing, once the parties have
508      agreed on a mediator, the mediator may reschedule the mediation
509      for a date and time mutually convenient to the parties. The
510      parties shall share the costs of presuit mediation equally,
511      including the fee charged by the mediator, if any, unless the
512      parties agree otherwise, and the mediator may require advance
513      payment of its reasonable fees and costs. The failure of any
514      party to respond to a demand or response, to agree upon a
515      mediator, to make payment of fees and costs within the time
516      established by the mediator, or to appear for a scheduled
517      mediation session without the approval of the mediator, shall
518      constitute the failure or refusal to participate in the
519      mediation process and shall operate as an impasse in the presuit
520      mediation by such party, entitling the other party to proceed in
521      court and to seek an award of the costs and fees associated with
522      the mediation. Additionally, notwithstanding the provisions of
523      any other law or document, persons who fail or refuse to
524      participate in the entire mediation process may not recover
525      attorney's fees and costs in subsequent litigation relating to

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526      the dispute. If any presuit mediation session cannot be
527      scheduled and conducted within 90 days after the offer to
528      participate in mediation was filed, an impasse shall be deemed
529      to have occurred unless both parties agree to extend this
530      deadline.
531               (2)(c)      In If presuit mediation as described in paragraph
532      (a) is not successful in resolving all issues between the
533      parties, the parties may file the unresolved dispute in a court
534      of competent jurisdiction or elect to enter into binding or
535      nonbinding arbitration pursuant to the procedures set forth in
536      s. 718.1255 and rules adopted by the division, with the
537      arbitration proceeding to be conducted by a department
538      arbitrator or by a private arbitrator certified by the
539      department. If all parties do not agree to arbitration
540      proceedings following an unsuccessful presuit mediation, any
541      party may file the dispute in court. A final order resulting
542      from nonbinding arbitration is final and enforceable in the
543      courts if a complaint for trial de novo is not filed in a court
544      of competent jurisdiction within 30 days after entry of the
545      order. As to any issue or dispute that is not resolved at
546      arbitration presuit mediation, and as to any issue that is
547      settled at arbitration presuit mediation but is thereafter
548      subject to an action seeking enforcement of the mediation
549      settlement, the prevailing party in any subsequent arbitration
550      or litigation proceeding may shall be entitled to seek recovery

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551      of all costs and attorney attorney's fees incurred in the
552      arbitration presuit mediation process.
553               (3)(d)      An A mediator or arbitrator is shall be authorized
554      to conduct mediation or arbitration under this section only if
555      he or she has been certified as a circuit court civil mediator
556      or arbitrator, respectively, pursuant to the requirements
557      established by the Florida Supreme Court. Settlement agreements
558      resulting from mediation shall not have precedential value in
559      proceedings involving parties other than those participating in
560      the mediation to support either a claim or defense in other
561      disputes.
562               (e)     The presuit mediation procedures provided by this
563      subsection may be used by a Florida corporation responsible for
564      the operation of a community in which the voting members are
565      parcel owners or their representatives, in which membership in
566      the corporation is not a mandatory condition of parcel
567      ownership, or which is not authorized to impose an assessment
568      that may become a lien on the parcel.
569               Section 6.        Section 720.319, Florida Statutes, is created
570      to read:
571               720.319      Dissolution of homeowners' association.—
572               (1)     This section may be cited as the "Homeowners'
573      Association Dissolution and Accountability Act."
574               (2)     The Legislature finds that:
575               (a)     Homeowners' associations are created as authorized by

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         HB 657                                                                                               2026




576      general law and are subject to covenants that encumber the land
577      and restrict the use of real property.
578               (b)      In some circumstances, the continued enforcement of
579      those covenants may no longer serve the homeowners' or
580      community's interest and it is the public policy of this state
581      to provide by general law a method to preserve the value of the
582      property interests and the rights of alienation thereof that
583      homeowners have in their parcels before and after termination.
584               (c)      It is contrary to the public policy of this state to
585      require the continued operation of a homeowners' association
586      when such continuation is made impossible by law or regulation.
587               (d)     It is in the best interest of this state to provide
588      for termination of the declaration of covenants in certain
589      circumstances in order to:
590               1.      Prevent covenants from impairing the continued
591      productive use of the property.
592               2.      Provide fair treatment and just compensation for parcel
593      owners and preserve property values and the local property tax
594      base.
595               3.      Preserve the state's long history of protecting
596      homestead property rights by ensuring that such protection is
597      extended to parcel owners whose parcel is their homestead in the
598      context of a termination of a declaration of covenants for an
599      association.
600               (3)      A homeowners' association may be terminated by a plan

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601      of termination that meets the requirements of this section and
602      is approved by a community association court program under s.
603      720.32.
604               (4)      A plan of termination is subject to the following
605      conditions:
606               (a)      The total voting interests of the association must
607      include all voting interests for the purpose of considering a
608      plan of termination. A voting interest of the association may
609      not be suspended for any reason when voting on termination under
610      this section.
611               (b)      If the members reject a plan of termination, a
612      subsequent plan of termination under this section may not be
613      considered for at least 18 months after the date of the
614      rejection.
615               (5)(a)      A parcel owner who wishes to terminate a
616      homeowners' association in which he or she is a member must
617      provide to the board of administration a petition for a plan of
618      termination that is signed by at least 20 percent of the voting
619      members of the association. The board must hold a meeting of the
620      members within 60 days after receipt of the signed petition.
621               (b)      Notice of such meeting must be made in accordance with
622      s. 720.303(2) and include the following information:
623               1.      A copy of the proposed plan of dissolution.
624               2.      An explanation of how the common areas and the assets
625      of the association will be managed or transferred.

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626               3.      The manner in which voting will take place.
627               (c)      If the board fails to call a meeting within the 60-day
628      time period, any member may petition a community association
629      court program under s. 720.32 or, if a community association
630      court program does not exist in the judicial circuit in which
631      the association is located, a court of competent jurisdiction
632      for an order compelling compliance with this section.
633               (6)(a)      A plan of termination must be approved by at least
634      two-thirds of the total voting interests of the association.
635               (b)      A parcel owner desiring to reject the plan of
636      termination must do so by either voting to reject the plan in
637      person or by proxy or by delivering a written objection to the
638      association before or at the meeting called under subsection
639      (5).
640               (7)      If a plan of termination is approved, the board must
641      submit such plan to the community association court program in
642      the judicial circuit in which the association is located or, if
643      a community association court program does not exist, a court of
644      competent jurisdiction. The court shall examine the plan of
645      termination and determine its procedural sufficiency and, within
646      45 days after receipt of the plan, notify the association by
647      mail of any procedural deficiencies or that the plan is
648      accepted. If notice is not provided within the 45-day time
649      period, the plan of termination is presumed to be accepted. If
650      the court determines that the conditions required by this

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651      section have been met and that the plan of termination complies
652      with the procedural requirements of this section, the court must
653      authorize the termination and the termination may proceed as
654      authorized in this section.
655               (8)(a)      A plan of termination and the consents or joinders
656      of parcel owners must be recorded in the public records of each
657      county in which any portion of the association is located. The
658      plan is effective only upon recordation or at a later date
659      specified in the plan.
660               (b)     Upon recordation or at a later date specified in the
661      plan of termination, title to the association property vests in
662      a termination trustee. The board serves as such trustee unless
663      another person is appointed in the plan of termination. If the
664      board is not the termination trustee, the board must transfer
665      any association property to such trustee. The termination
666      trustee is vested with the powers given by the declaration and
667      bylaws of the association and subsection (10). If the board is
668      unable, unwilling, or fails to act as termination trustee, a
669      parcel owner may petition the community association court
670      program to appoint a termination trustee.
671               (9)     If the board fails to hold the meeting under
672      subsection (5), obstructs the termination process, or refuses to
673      record the decision of the members to terminate, a member may
674      file a petition with the community association court program in
675      the judicial circuit in which the association is located or, if

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676      a community association court program does not exist, a court of
677      competent jurisdiction. A community association court program
678      may do all of the following:
679               (a)     Verify compliance with the procedural requirements of
680      this section and all statutory voting requirements.
681               (b)     Order the Department of State to dissolve the
682      homeowners' association.
683               (c)     Appoint a receiver to manage the distribution of
684      assets and resolution of liabilities.
685               (10)        The approval of the plan of termination does not
686      terminate the board of administration, which shall continue in
687      existence following approval of the plan of termination with all
688      powers and duties such board had before approval of the plan.
689      Notwithstanding any provision to the contrary in the declaration
690      or bylaws, after approval of the plan of termination the board
691      must:
692               (a)     Employ directors, agents, attorneys, and other
693      professionals to liquidate or conclude the board's affairs.
694               (b)     Conduct the affairs of the association as necessary
695      for the liquidation or termination.
696               (c)     Carry out contracts and collect, pay, and settle debts
697      and claims for and against the association.
698               (d)     Defend suits brought against the association.
699               (e)     Sue in the name of the association for all sums due or
700      owed to the association or to recover any association property.

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701               (f)      Perform any act necessary to maintain, repair, or
702      demolish unsafe or uninhabitable improvements or other
703      association property in compliance with applicable codes.
704               (g)      Sell at public or private sale or exchange, convey, or
705      otherwise dispose of assets of the association for an amount
706      deemed to be in the best interests of the association, and
707      execute bills of sale and deeds of conveyance in the name of the
708      association.
709               (h)      Collect and receive rents, profits, accounts
710      receivable, income, maintenance fees, special assessments, or
711      insurance proceeds for the association.
712               (i)      Contract and do anything in the name of the
713      association which is proper or convenient to terminate the
714      affairs of the association.
715               (11)(a)      All remaining association assets after the payment
716      of any lawful debts must be distributed equally among members or
717      as otherwise provided in the plan of termination.
718               (b)      A member may not be subject to personal liability for
719      unpaid obligations beyond the member's regular assessments or
720      special assessments that existed before the vote for
721      termination.
722               (12)(a)      The following actions by an association or the
723      officers or directors thereof are unlawful:
724               1.      Failing to call or notice a meeting after receipt of a
725      valid petition for a plan of termination.

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726               2.      Spending association funds to campaign for or against
727      the plan of termination.
728               3.      Concealing any financial or property records relevant
729      to the plan of termination.
730               (b)      An officer or a director who violates paragraph (a) is
731      subject to any of the following:
732               1.      A civil penalty of up to $5,000 per violation.
733               2.      Removal from office by court order.
734               3.      Personal liability for legal fees incurred by the
735      petitioners.
736               Section 7.        Section 720.32, Florida Statutes, is created to
737      read:
738               720.32      Community association court program.—
739               (1)      It is the intent of the Legislature to encourage and
740      support the judicial circuits of the state to create and
741      maintain a community association court program in each judicial
742      circuit. The purpose of a community association court program is
743      to address disputes that arise between community associations
744      and the members thereof or between members within a community
745      association. It is the intent of the Legislature that this
746      section provide a detailed statewide standard for the creation,
747      operation, and procedures for community association court
748      programs.
749               (2)      A circuit court may create and administer a community
750      association court program. The chief judge shall designate at

                                                      Page 30 of 32

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb657-00
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         HB 657                                                                                               2026




751      least one judge to preside over the community association court
752      program. The chief judge may issue administrative orders
753      concerning the community association court program.
754               (3)     The community association court program has
755      jurisdiction over disputes, including any related termination or
756      enforcement proceedings, arising under any of the following:
757               (a)     Chapter 718, the Condominium Act.
758               (b)     Chapter 719, the Cooperative Act.
759               (c)     Chapter 720, the Homeowners' Association Act.
760               (4)     The community association court program may do all of
761      the following:
762               (a)     Enforce all statutory rights of unit owners and parcel
763      owners.
764               (b)     Verify and compel compliance with all statutory
765      requirements by community associations, boards of
766      administration, and officers or directors of such boards.
767               (c)     Order the Department of State to dissolve a community
768      association.
769               (d)     Appoint a receiver to manage the distribution of
770      association assets and resolution of liabilities.
771               (e)     Impose civil penalties for violations of statutory
772      rights.
773               (f)     Issue injunctive relief as appropriate.
774               (g)     Award reasonable attorney fees and costs as
775      appropriate.

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         HB 657                                                                                               2026




776               (5)     By January 1 of each year, the chief judge in each
777      judicial circuit in which a community association court program
778      is created shall submit to the President of the Senate and the
779      Speaker of the House of Representatives a report that summarizes
780      the caseload of each community association court program and the
781      outcomes of such caseload.
782               (6)     The Office of the State Courts Administrator shall
783      establish procedure, staffing, and reporting requirements for
784      the operation of the community association court program.
785               (7)     The costs associated with the creation, operation, and
786      compliance and enforcement duties of the community association
787      court program shall be funded through a general revenue
788      appropriation to the department.
789               Section 8.        Paragraph (d) of subsection (1) of section
790      34.01, Florida Statutes, is amended to read:
791               34.01       Jurisdiction of county court.—
792               (1)     County courts shall have original jurisdiction:
793               (d)     Of disputes occurring in the homeowners' associations
794      as described in s. 720.311(2)(a), which shall be concurrent with
795      jurisdiction of the circuit courts.
796               Section 9.        This act shall take effect July 1, 2026.




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                                                                                                              hb657-00
               HOUSING, AGRICULTURE & TOURISM SUBCOMMITTEE

                                  HB 657 by Rep. Porras
                                 Community Associations

                                 AMENDMENT SUMMARY
                                    January 21, 2026

Amendment #614975 by Rep. Porras (Lines 53-54): The amendment:
   • Provides that the governing documents of a homeowners’ association (HOA) are
     terminated and unenforceable upon dissolution.
   • Applies the bill’s requirements for HOAs to include or vote to include “Kaufman
     language” in their governing documents to condominium associations.

Amendment #470549 by Rep. Porras (Lines 211-219): The amendment makes clarifying,
technical changes.

Amendment #885573 by Rep. Porras (Lines 255-256): The amendment creates a duty of
loyalty for directors, officers, and committee members to an HOA and its members, and creates
conflict of interest disclosure requirements for such directors, officers, and committee members.

Amendment #333675 by Rep. Porras (Lines 615-639): The amendment:
  • Prohibits an HOA’s voting interest from being suspended for any reason for purposes of
     signing a petition for a plan of termination.
  • Makes certain other technical, clarifying changes.

Amendment #913569 by Rep. Porras (Lines 631, 643, and 676): The amendment makes
clarifying, technical changes.

Amendment #662115 by Rep. Porras (Line 649): The amendment makes clarifying, technical
changes.

Amendment #661803 by Rep. Porras (Lines 683 and 769): The amendment makes clarifying,
technical changes.
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 657   (2026)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:       Housing, Agriculture &
2      Tourism Subcommittee
3      Representative Porras offered the following:
4
5           Amendment (with title amendment)
6           Between lines 53 and 54, insert:
7           Section 1.    Section 712.13, Florida Statutes, is created to
8      read:
9           712.13    Governing documents associated with dissolved
10     homeowners' associations.—
11          (1)    The Legislature finds that when a homeowners'
12     association has been dissolved, voluntarily or involuntarily,
13     the recorded governing documents created solely for the
14     association's benefit may remain in the county records
15     indefinitely, imposing an undue burden on private property
16     owners. It is the intent of the Legislature to restore and
     614975 - h0657-line53.docx
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                                    Page 1 of 6
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 657   (2026)
       Amendment No.


17     protect private property rights by ensuring that such
18     encumbrances are properly extinguished or removed from the
19     official records of the county when the association ceases to
20     exist.
21          (2)   As used in this section, the term:
22          (a)   "Dissolved association" means a homeowners'
23     association that has filed articles of dissolution with the
24     Department of State under chapter 617 or has otherwise ceased
25     its legal operation and existence.
26          (b)   "Exclusive easement" means an easement recorded for
27     the sole benefit or use of a homeowners' association or its
28     members.
29          (c)   "Governing documents" has the same meaning as in s.
30     720.301.
31          (d)   "Servient estate" means the real property burdened by
32     an easement.
33          (3)(a)    Upon the dissolution of a homeowners' association,
34     the governing documents of the association, which were recorded
35     in the official records of a county and created solely for the
36     operation or benefit of the dissolved association or its
37     members, are deemed terminated and are unenforceable.
38          (b)   The recorded governing documents may not be construed
39     to create any rights for the general public or for any successor
40     entity unless expressly provided by law.


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                                    Page 2 of 6
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 657   (2026)
       Amendment No.


41          (c)    The clerk of the circuit court shall, upon receipt of
42     a certified copy of the association's articles of dissolution,
43     mark or otherwise indicate in the county's official records that
44     the governing documents for the dissolved association are
45     terminated and inactive.
46          (4)(a)    An exclusive easement created for the benefit of a
47     homeowners' association or its members must revert to the
48     servient estate upon dissolution of the association if the owner
49     of the servient estate has continuously paid his or her ad
50     valorem taxes on the land encumbered by the easement.
51          (b)    Upon reversion, the exclusive easement is extinguished
52     and the owner of the servient estate regains full rights of
53     ownership, possession, and control of the land encumbered by the
54     easement.
55          (c)    An easement formerly held by a homeowners' association
56     may not become a public right-of-way, trail, or access route
57     unless a separate, valid written notice in accordance with s.
58     712.06 has been recorded to preserve the easement for the
59     benefit of the public.
60          (5)    This section does not impair or extinguish easements,
61     covenants, or restrictions benefiting individual property owners
62     which were separately recorded or preserved under this chapter.
63          (6)    This section applies both prospectively and
64     retroactively to homeowners' associations dissolved before, on,
65     or after July 1, 2026.
     614975 - h0657-line53.docx
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                                    Page 3 of 6
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 657   (2026)
       Amendment No.


66          Section 2.    Subsection (8) is added to section 718.104,
67     Florida Statutes, to read:
68          718.104    Creation of condominiums; contents of
69     declaration.—Every condominium created in this state shall be
70     created pursuant to this chapter.
71          (8)(a) Beginning July 1, 2026, each association formed on
72     or after that date must include the following statement in the
73     governing documents:
74
75          This association and the association's governing
76          documents are governed by the Florida Condominium Act,
77          as amended from time to time.
78
79          (b)   By January 1, 2027, each association in existence
80     before July 1, 2026, must hold a meeting of the members in
81     accordance with s. 718.112 to vote whether to amend the
82     governing documents of the association to include the statement
83     in paragraph (a). The association must obtain the affirmative
84     approval of a majority of the voting interests at a meeting of
85     the membership at which a quorum has been attained in order to
86     amend the governing documents under this paragraph.
87
88
89
90
     614975 - h0657-line53.docx
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                                    Page 4 of 6
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 657   (2026)
        Amendment No.


91            -----------------------------------------------------
92                        T I T L E   A M E N D M E N T
93           Remove line 2 and insert:
94           An act relating to community associations; creating s.
95           712.13, F.S.; providing legislative findings and
96           intent; providing definitions; providing that the
97           recorded governing documents of a dissolved
98           homeowners' association are deemed terminated and
99           unenforceable; requiring the clerk of the circuit
100          court to indicate in the county records that a
101          dissolved association's governing documents are
102          terminated and inactive; requiring certain exclusive
103          easements to revert to the servient estate upon
104          dissolution of a homeowners' association under certain
105          circumstances; providing for the extinguishment of
106          such easement; prohibiting an easement held by a
107          dissolved association from becoming a public right-of-
108          way, trail, or access route unless the easement is
109          separately recorded for public use; providing
110          construction; providing retroactive applicability;
111          amending s. 718.104, F.S.; requiring condominium
112          associations to include a specified statement in the
113          governing documents or to hold a meeting by a date
114          certain to vote to amend the governing documents to
115          include such statement; requiring a vote held at such
      614975 - h0657-line53.docx
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                                   Page 5 of 6
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 657   (2026)
        Amendment No.


116          meetings to be approved by a certain amount of the
117          voting interests; amending s.




      614975 - h0657-line53.docx
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                                   Page 6 of 6
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 657   (2026)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                      (Y/N)
       ADOPTED AS AMENDED           (Y/N)
       ADOPTED W/O OBJECTION        (Y/N)
       FAILED TO ADOPT              (Y/N)
       WITHDRAWN                    (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Housing, Agriculture &
2      Tourism Subcommittee
3      Representative Porras offered the following:
4
5           Amendment
6           Remove lines 211-219 and insert:
7           1.   Beginning July 1, 2026, each association formed on or
8      after that date must include the following statement in the
9      governing documents:
10
11          This association and the association's governing documents
12          are governed by the Florida Homeowners' Association Act, as
13          amended from time to time.
14
15          2.   By January 1, 2027, each association in existence


     470549 - h0657-line211.docx
     Published On: 1/20/2026 2:26:08 PM
                                   Page 1 of 1
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 657   (2026)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:       Housing, Agriculture &
2      Tourism Subcommittee
3      Representative Porras offered the following:
4
5           Amendment (with title amendment)
6           Between lines 255 and 256, insert:
7           (11) Conflict of Interest.
8           (a)    A director, officer, or committee member of an
9      association owes a duty of loyalty to the association and its
10     members.
11          (b)    A conflict of interest exists when a director,
12     officer, or committee member has a direct or indirect financial
13     interest in a transaction, contract, or decision under
14     consideration by the association.
15          (c)    A director, officer, or committee member with a
16     conflict of interest must disclose the nature and extent of the
     885573 - h0657-line255.docx
     Published On: 1/20/2026 2:27:18 PM
                                    Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 657     (2026)
       Amendment No.


17     interest in writing to the board before any discussion or vote
18     on the matter.
19          (d)    After disclosure, the interested director, officer, or
20     committee member may not participate in discussion or vote on
21     the matter.
22          (e)    A transaction involving a conflict of interest is
23     voidable by the association unless the transaction was approved
24     by a majority of the voting interests of the association after
25     full disclosure by the interested director, officer, or
26     committee member.
27          (f)    Compensating or contracting with a director, officer,
28     or committee member of the association or an immediate family
29     member thereof creates a rebuttable presumption of a conflict of
30     interest.
31          (g)    This subsection may not be waived or limited by the
32     governing documents of the association.
33
34           -----------------------------------------------------
35                         T I T L E   A M E N D M E N T
36          Remove line 11 and insert:
37          by a certain amount of the voting interests; creating
38          certain conflict of interest disclosure requirements
39          for directors, officers, and committee members of an
40          association; amending


     885573 - h0657-line255.docx
     Published On: 1/20/2026 2:27:18 PM
                                    Page 2 of 2
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 657   (2026)
       Amendment No.




              COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Housing, Agriculture &
2      Tourism Subcommittee
3      Representative Porras offered the following:
4
5             Amendment
6             Remove lines 615-639 and insert:
7             (c)   A plan of termination must be approved by at least
8      two-thirds of the total voting interests of the association.
9             (d)   A parcel owner desiring to reject the plan of
10     termination must do so by either voting to reject the plan in
11     person or by proxy or by delivering a written objection to the
12     association before or at the meeting called under subsection
13     (5).
14            (5)(a)   A parcel owner who wishes to terminate a
15     homeowners' association in which he or she is a member must
16     provide to the board of administration a petition for a plan of
     333675 - h0657-line615.docx
     Published On: 1/20/2026 2:29:02 PM
                                     Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 657   (2026)
       Amendment No.


17     termination that is signed by at least 20 percent of the voting
18     members of the association. The board must hold a meeting of the
19     members within 60 days after receipt of the signed petition. A
20     voting interest of the association may not be suspended for any
21     reason for purposes of signing the petition or determining
22     whether the requisite 20 percent threshold for such petition has
23     been met under this paragraph.
24          (b)    Notice of such meeting must be made in accordance with
25     s. 720.303(2) and include the following information:
26          1.    A copy of the proposed plan of dissolution.
27          2.    An explanation of how the common areas and the assets
28     of the association will be managed or transferred.
29          3.    The manner in which voting will take place.
30          (c)    If the board fails to call a meeting within the 60-day
31     time period, any member may petition a community association
32     court program under s. 720.32 or, if a community association
33     court program does not exist in the judicial circuit in which
34     the association is located, a court of competent jurisdiction
35     for an order compelling compliance with this section.




     333675 - h0657-line615.docx
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                                    Page 2 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 657   (2026)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                     (Y/N)
       ADOPTED AS AMENDED          (Y/N)
       ADOPTED W/O OBJECTION       (Y/N)
       FAILED TO ADOPT             (Y/N)
       WITHDRAWN                   (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:      Housing, Agriculture &
2      Tourism Subcommittee
3      Representative Porras offered the following:
4
5           Amendment
6           Remove line 631 and insert:
7      the association is located, another court of competent
8      jurisdiction
9
10          Remove line 643 and insert:
11     a community association court program does not exist, another
12     court of
13
14          Remove line 676 and insert:
15     a community association court program does not exist, another
16     court of
     913569 - h0657-line631.docx
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                                   Page 1 of 1
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 657   (2026)
      Amendment No.




           COMMITTEE/SUBCOMMITTEE ACTION
      ADOPTED                     (Y/N)
      ADOPTED AS AMENDED          (Y/N)
      ADOPTED W/O OBJECTION       (Y/N)
      FAILED TO ADOPT             (Y/N)
      WITHDRAWN                   (Y/N)
      OTHER


1     Committee/Subcommittee hearing bill:      Housing, Agriculture &
2     Tourism Subcommittee
3     Representative Porras offered the following:
4
5          Amendment
6          Remove line 649 and insert:
7     period, the plan of termination is deemed to be accepted.




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                                  Page 1 of 1
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 657   (2026)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                       (Y/N)
       ADOPTED AS AMENDED            (Y/N)
       ADOPTED W/O OBJECTION         (Y/N)
       FAILED TO ADOPT               (Y/N)
       WITHDRAWN                     (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:       Housing, Agriculture &
2      Tourism Subcommittee
3      Representative Porras offered the following:
4
5           Amendment
6           Remove line 683 and insert:
7           (c)    Appoint a termination trustee to manage the
8      distribution of
9
10          Remove line 769 and insert:
11          (d)    Appoint a termination trustee to manage the
12     distribution of




     661803 - h0657-line683.docx
     Published On: 1/20/2026 2:32:32 PM
                                    Page 1 of 1
HB 837
                                     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 837                                                          COMPANION BILL: SB 962 (Bradley)
TITLE: Affordable Housing                                               LINKED BILLS: None
SPONSOR(S): Busatta                                                     RELATED BILLS: None
Committee References
 Housing, Agriculture & Tourism                         Intergovernmental Affairs                                    Commerce
                                                                                               

SUMMARY
Effect of the Bill:
The bill provides that under the Live Local Act, counties and municipalities are not required to authorize
multifamily and mixed-use residential uses for an area if the area is also a farm or farm operation, or utilized for
uses associated therewith.

Fiscal or Economic Impact:
The bill has an indeterminate fiscal impact on local governments, and likely no fiscal impact on state government.


JUMP TO                   SUMMARY                         ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill exempts farms and farm operations from the Live Local Act.

The bill amends the Live Local Act to provide that farms or farm operations, as defined in the Florida Right to Farm
Act, or uses associated with farming, including the packaging and sale of products raised on the premises, are not
considered commercial, industrial, or mixed uses.

Accordingly, counties and municipalities are not required to authorize multifamily and mixed-use residential uses
for an area if the area is also a farm or farm operation, or utilized for uses associated therewith. (Sections 1 and 2)

The bill provides an effective date of July 1, 2026. (Section 3)

FISCAL OR ECONOMIC IMPACT:

LOCAL GOVERNMENT:
The bill has an indeterminate fiscal impact on local governments, as it may affect the number of new developments
that local governments must allow.


RELEVANT INFORMATION
SUBJECT OVERVIEW:
Live Local Act




STORAGE NAME: h0837.HAT
DATE: 1/16/2026
                                                                                                                                             1
                                                                                                                 HB 837
The Live Local Act, which became law in 2023, preempts certain county and municipal zoning and land use
decisions to encourage development of affordable multifamily rental housing in targeted land use areas.1
Specifically, counties and municipalities must allow a multifamily or mixed-use residential2 rental development in
any area zoned for commercial, industrial, or mixed-use, and in portions of any flexibly zoned area such as a
planned unit development permitted for commercial, industrial, or mixed use, if at least 40 percent of the
residential units in the development are rental units that, for a period of at least 30 years, meet certain affordability
requirements.3

The Live Local Act provides the following definitions:4
    Commercial use means activities associated with the sale, rental, or distribution of products or the
       performance of related services. The term includes, but is not limited to, such uses or activities as retail
       sales; wholesale sales; rentals of equipment, goods, or products; offices; restaurants; hotels; food service
       vendors; sports arenas; theaters; tourist attractions; and other for-profit business activities. A parcel zoned
       to permit such uses by right without the requirement to obtain a variance or waiver is considered
       commercial use, irrespective of the local land development regulation’s listed category or title.
           o The term does not include home-based businesses or cottage food operations undertaken on
                residential property, vacation rentals, or uses that are accessory, ancillary, incidental to the
                allowable uses, or allowed only on a temporary basis. Recreational uses, such as golf courses, tennis
                courts, swimming pools, and clubhouses, within an area designated for residential use are not
                commercial use, irrespective of how they are operated.
    Industrial use means activities associated with the manufacture, assembly, processing, or storage of
       products or the performance of related services. The term includes, but is not limited to, such uses or
       activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing
       facilities, citrus processing and packing facilities, produce processing and packing facilities, electrical
       generating plants, water treatment plants, sewage treatment plants, and solid waste disposal sites. A parcel
       zoned to permit such uses by right without the requirement to obtain a variance or waiver is considered
       industrial use for the purposes of this section, irrespective of the local land development regulation’s listed
       category or title.
           o The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or
                allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming
                pools, and clubhouses, within an area designated for residential use are not industrial use,
                irrespective of how they are operated.
    Mixed use means any use that combines multiple types of approved land uses from at least two of the
       residential use, commercial use, and industrial use categories.
           o The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or
                allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming
                pools, and clubhouses, within an area designated for residential use are not mixed use, irrespective
                of how they are operated.

Local governments are prohibited from restricting the density5 of a proposed development below the highest
density currently allowed (or the highest allowed on July 1, 2023) on land within its jurisdiction where residential
development is allowed6 and may not restrict the floor area ratio7 of a proposed development below 150 percent of

1 Ch. 2023-17, ss. 3, 5, Laws of Fla., codified as ss. 125.01055(7) and 166.04151(7), F.S.
2 For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes; local

governments may not require that more than 10 percent of the total square footage be used for nonresidential purposes. Ss.
125.01055(7)(a) and 166.04151(7)(a), F.S.
3 Ss. 125.01055(7)(a) and 166.04151(7)(a), F.S.
4 Ss. 125.01055(7)(c) and 166.04151(7)(c), F.S.
5 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as

residents or employees per acre. See s. 163.3164(12), F.S.
6 Ss. 125.01055(7)(b) and 166.04151(7)(b), F.S.
7 For purposes of these provisions, “floor area ratio” includes floor lot ratio and lot coverage. Ss. 125.01055(7)(c) and

166.04151(7)(c), F.S.
JUMP TO                 SUMMARY                      ANALYSIS               RELEVANT INFORMATION               BILL HISTORY
                                                                                                                                 2
                                                                                                                HB 837
the highest floor area ratio currently allowed (or the highest allowed on July 1, 2023) on land within its jurisdiction
where residential development is allowed.8

Local governments are also prohibited from restricting the height of a proposed development below the highest
height currently allowed (or the highest allowed on July 1, 2023) for a commercial or residential building located in
its jurisdiction within one mile of the proposed development or three stories, whichever is higher.9 However, a
local government may restrict the height of a proposed development if:
      The proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential
         in a single-family residential development with at least 25 contiguous single-family homes, in which case
         the local government may restrict the height of the proposed development to 150 percent of the tallest
         building on any property adjacent to the proposed development, the highest height currently allowed (or
         the highest allowed on July 1, 2023) for the property provided in the local government’s land development
         regulations, or three stories, whichever is higher, but not to exceed 10 stories;10 or
      The proposed development is on a parcel with a contributing structure or building within a historic district
         listed in the National Register of Historic Places11 (Register) before January 1, 2000, or is on a parcel with a
         structure or building individually listed in the Register, in which case a local government may restrict the
         height of the proposed development to the highest height currently allowed (or the highest allowed on July
         1, 2023) for a commercial or residential building within three-fourths of a mile of the proposed
         development or 3 stories, whichever is higher.12

An application for a development authorized by the Live Local Act must be administratively approved without
further action by the governing body of the local government or any quasi-judicial or administrative board or
reviewing body, provided the development satisfies the local government’s land development regulations for
multifamily developments in areas zoned for such use and is otherwise consistent with the jurisdiction’s
comprehensive plan, with the exception of provisions establishing density, floor area ratios, height, and land use
requirements.13

Under the Live Local Act, local governments are required, upon request of an applicant, to reduce parking
requirements for a proposed development by 15 percent if the development:
    Is located within one-quarter mile of a transit stop, as defined in the local government’s land development
       code, and the transit stop is accessible from the development;
    Is located within one-half mile of a major transportation hub that is accessible from the proposed
       development by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike
       paths, or other multimodal design features; or




8 Ss. 125.01055(7)(c) and 166.04151(7)(c), F.S.
9 Ss. 125.01055(7)(d)1. and 166.04151(7)(d)1., F.S.
10 Ss. 125.01055(7)(d)2. and 166.04151(7)(d)2., F.S.
11 The National Register of Historic Places (Register) is the official list of the nation’s historic places worthy of preservation.

Authorized by the National Historic Preservation Act of 1966, the Register is maintained by the National Park Service (NPS) as
a part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America’s
historic and archeological resources. As of May 13, 2025, over 100,000 places have been listed in the Register for their
significance in American history, art, architecture, engineering, and culture. See NPS, What is the National Register of Historic
Places? https://www.nps.gov/subjects/nationalregister/index.htm (last visited Jan. 7, 206); see also, NPS, National Register of
Historic Places: Program Updates May 13, 2025, https://www.nps.gov/subjects/nationalregister/program-updates.htm (last
visited Jan. 7, 2026).
12 Ss. 125.01055(7)(d)3. and 166.0415(7)(d)3., F.S.
13 However, if a proposed development is on a parcel with a contributing structure or building within a historic district which

was listed in the Register before January 1, 2000, or is on a parcel with a structure or building individually listed in the
Register, the local government may administratively require the proposed development to comply with local regulations
relating to architectural design, such as façade replication, provided it does not affect height, floor area ratio, or density of the
proposed development. Ss. 125.01055(7)(e) and 166.04151(7)(e), F.S.
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       Has available parking within 600 feet of the proposed development, which may consist of options such as
        on-street parking, parking lots, or parking garages available for use by residents of the proposed
        development.14

The provisions of the Live Local Act described above do not apply to airport-impacted areas,15 recreational and
commercial waterfronts in industrial areas,16 the Wekiva Study Area,17 and the Everglades Protection Area.18,19

These provisions of the Live Local Act are effective until October 1, 2033.20

Florida Right to Farm Act

In response to the loss of farmland due to encroaching suburban sprawl, nuisance claims, and modern zoning, the
Legislature enacted Florida’s Right to Farm Act (Act) in 1979. The purpose of the Act was to provide more
protection for commercial agriculture and farming operations from nuisance claims, and slow the rapid conversion
of farmland to more compatible uses.21

The Legislature has determined that agricultural activities conducted on farm land in urbanizing areas are
potentially subject to lawsuits based on the theory of nuisance and that these suits encourage or force the
premature removal of the farm land from agricultural use. The Act seeks to protect reasonable agricultural and
complementary agritourism activities conducted on farm land from nuisance suits and other similar lawsuits.22

The Act provides the following definitions:23
    Farm means the land, buildings, support facilities, machinery, and other appurtenances used in the
       production of farm or aquaculture products.
    Farm operation means all conditions or activities by the owner, lessee, agent, independent contractor, or
       supplier which occur on a farm in connection with the production of farm, honeybee, or apiculture
       products or in connection with complementary agritourism activities. These conditions and activities
       include, but are not limited to, the marketing of farm products at roadside stands or farm markets; the
       operation of machinery and irrigation pumps; the generation of noise, odors, dust, fumes, and particle
       emissions; ground or aerial seeding and spraying; the placement and operation of an apiary; the
       application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; agritourism
       activities; and the employment and use of labor.




14 A local government, however, may not require that the available parking compensate for the reduction in parking

requirements. Ss. 125.01055(7)(f)1. and 166.04151(7)(f)1., F.S.
15 See s. 333.03, F.S.
16 See s. 342.201(2)(b), F.S.
17 See s. 369.316, F.S.
18 See s. 373.4592(2), F.S.
19 Ss. 125.01055(7)(o), F.S. and 166.04151(7)(o), F.S.
20 Ss. 125.01055, F.S. and 166.04151(7)(p), F.S.
21 Ch. 79-61, Laws of Fla.
22 S. 823.14(2), F.S.
23 S. 823.14(3), F.S.

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                                                                                 HB 837
                                   BILL HISTORY
                                                            STAFF
                                                          DIRECTOR/       ANALYSIS
COMMITTEE REFERENCE              ACTION       DATE       POLICY CHIEF   PREPARED BY
Housing, Agriculture & Tourism                              Curtin         Wright
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee




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           HB 837                                                                                               2026




    1                                         A bill to be entitled
    2               An act relating to affordable housing; amending ss.
    3               125.01055 and 166.04151, F.S.; revising the
    4               definitions of certain land use categories for which
    5               certain residential development may be authorized to
    6               exclude farms and farm operations and uses associated
    7               therewith; providing an effective date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                  Section 1.        Paragraph (n) of subsection (7) of section
12         125.01055, Florida Statutes, is amended to read:
13                  125.01055        Affordable housing.—
14                  (7)
15                  (n)      As used in this subsection, the term:
16                  1.      "Commercial use" means activities associated with the
17         sale, rental, or distribution of products or the performance of
18         services related thereto. The term includes, but is not limited
19         to, such uses or activities as retail sales; wholesale sales;
20         rentals of equipment, goods, or products; offices; restaurants;
21         public lodging establishments as described in s. 509.242(1)(a);
22         food service vendors; sports arenas; theaters; tourist
23         attractions; and other for-profit business activities. A parcel
24         zoned to permit such uses by right without the requirement to
25         obtain a variance or waiver is considered commercial use for the

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        HB 837                                                                                               2026




26      purposes of this section, irrespective of the local land
27      development regulation's listed category or title. The term does
28      not include home-based businesses or cottage food operations
29      undertaken on residential property;, public lodging
30      establishments as described in s. 509.242(1)(c); farms or farm
31      operations as defined in s. 823.14(3) or uses associated
32      therewith, including the packaging and sale of products raised
33      on the premises;, or uses that are accessory, ancillary,
34      incidental to the allowable uses, or allowed only on a temporary
35      basis. Recreational uses, such as golf courses, tennis courts,
36      swimming pools, and clubhouses, within an area designated for
37      residential use are not commercial use, irrespective of how they
38      are operated.
39               2.      "Industrial use" means activities associated with the
40      manufacture, assembly, processing, or storage of products or the
41      performance of services related thereto. The term includes, but
42      is not limited to, such uses or activities as automobile
43      manufacturing or repair, boat manufacturing or repair, junk
44      yards, meat packing facilities, citrus processing and packing
45      facilities, produce processing and packing facilities,
46      electrical generating plants, water treatment plants, sewage
47      treatment plants, and solid waste disposal sites. A parcel zoned
48      to permit such uses by right without the requirement to obtain a
49      variance or waiver is considered industrial use for the purposes
50      of this section, irrespective of the local land development

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        HB 837                                                                                               2026




51      regulation's listed category or title. The term does not include
52      farms or farm operations as defined in s. 823.14(3) or uses
53      associated therewith, including the packaging and sale of
54      products raised on the premises, or uses that are accessory,
55      ancillary, incidental to the allowable uses, or allowed only on
56      a temporary basis. Recreational uses, such as golf courses,
57      tennis courts, swimming pools, and clubhouses, within an area
58      designated for residential use are not industrial use,
59      irrespective of how they are operated.
60               3.      "Mixed use" means any use that combines multiple types
61      of approved land uses from at least two of the residential use,
62      commercial use, and industrial use categories. The term does not
63      include farms or farm operations as defined in s. 823.14(3) or
64      uses associated therewith, including the packaging and sale of
65      products raised on the premises, or uses that are accessory,
66      ancillary, incidental to the allowable uses, or allowed only on
67      a temporary basis. Recreational uses, such as golf courses,
68      tennis courts, swimming pools, and clubhouses, within an area
69      designated for residential use are not mixed use, irrespective
70      of how they are operated.
71               4.      "Planned unit development" has the same meaning as
72      provided in s. 163.3202(5)(b).
73               Section 2.        Paragraph (n) of subsection (7) of section
74      166.04151, Florida Statutes, is amended to read:
75               166.04151        Affordable housing.—

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         HB 837                                                                                               2026




76                (7)
77                (n)      As used in this subsection, the term:
78                1.      "Commercial use" means activities associated with the
79       sale, rental, or distribution of products or the performance of
80       services related thereto. The term includes, but is not limited
81       to, such uses or activities as retail sales; wholesale sales;
82       rentals of equipment, goods, or products; offices; restaurants;
83       public lodging establishments as described in s. 509.242(1)(a);
84       food service vendors; sports arenas; theaters; tourist
85       attractions; and other for-profit business activities. A parcel
86       zoned to permit such uses by right without the requirement to
87       obtain a variance or waiver is considered commercial use for the
88       purposes of this section, irrespective of the local land
89       development regulation's listed category or title. The term does
90       not include home-based businesses or cottage food operations
91       undertaken on residential property;, public lodging
92       establishments as described in s. 509.242(1)(c); farms or farm
93       operations as defined in s. 823.14(3) or uses associated
94       therewith, including the packaging and sale of products raised
95       on the premises;, or uses that are accessory, ancillary,
96       incidental to the allowable uses, or allowed only on a temporary
97       basis. Recreational uses, such as golf courses, tennis courts,
98       swimming pools, and clubhouses, within an area designated for
99       residential use are not commercial use, irrespective of how they
100      are operated.

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         HB 837                                                                                               2026




101               2.      "Industrial use" means activities associated with the
102      manufacture, assembly, processing, or storage of products or the
103      performance of services related thereto. The term includes, but
104      is not limited to, such uses or activities as automobile
105      manufacturing or repair, boat manufacturing or repair, junk
106      yards, meat packing facilities, citrus processing and packing
107      facilities, produce processing and packing facilities,
108      electrical generating plants, water treatment plants, sewage
109      treatment plants, and solid waste disposal sites. A parcel zoned
110      to permit such uses by right without the requirement to obtain a
111      variance or waiver is considered industrial use for the purposes
112      of this section, irrespective of the local land development
113      regulation's listed category or title. The term does not include
114      farms or farm operations as defined in s. 823.14(3) or uses
115      associated therewith, including the packaging and sale of
116      products raised on the premises, or uses that are accessory,
117      ancillary, incidental to the allowable uses, or allowed only on
118      a temporary basis. Recreational uses, such as golf courses,
119      tennis courts, swimming pools, and clubhouses, within an area
120      designated for residential use are not industrial use,
121      irrespective of how they are operated.
122               3.      "Mixed use" means any use that combines multiple types
123      of approved land uses from at least two of the residential use,
124      commercial use, and industrial use categories. The term does not
125      include farms or farm operations as defined in s. 823.14(3) or

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         HB 837                                                                                               2026




126      uses associated therewith, including the packaging and sale of
127      products raised on the premises, or uses that are accessory,
128      ancillary, incidental to the allowable uses, or allowed only on
129      a temporary basis. Recreational uses, such as golf courses,
130      tennis courts, swimming pools, and clubhouses, within an area
131      designated for residential use are not mixed use, irrespective
132      of how they are operated.
133               4.      "Planned unit development" has the same meaning as
134      provided in s. 163.3202(5)(b).
135               Section 3.        This act shall take effect July 1, 2026.




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                                                                                                              hb837-00
             HOUSING, AGRICULTURE & TOURISM SUBCOMMITTEE

                              HB 837 by Rep. Busatta
                               Affordable Housing

                             AMENDMENT SUMMARY
                                January 21, 2026

Amendment #899999 by Rep. Busatta (Line 44): The amendment removes certain farming-
related activities from the definition of “industrial use” in the Live Local Act.

Amendment #239997 by Rep. Busatta (Line 106): The amendment removes certain farming-
related activities from the definition of “industrial use” in the Live Local Act.
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 837   (2026)
      Amendment No.




           COMMITTEE/SUBCOMMITTEE ACTION
      ADOPTED                     (Y/N)
      ADOPTED AS AMENDED          (Y/N)
      ADOPTED W/O OBJECTION       (Y/N)
      FAILED TO ADOPT             (Y/N)
      WITHDRAWN                   (Y/N)
      OTHER


1     Committee/Subcommittee hearing bill:     Housing, Agriculture &
2     Tourism Subcommittee
3     Representative Busatta offered the following:
4
5          Amendment
6          Remove lines 44-45 and insert:
7     yards, meat packing facilities, citrus processing and packing
8     facilities, produce processing and packing facilities,




    899999 - h0837-line44.docx
    Published On: 1/16/2026 5:02:57 PM
                                 Page 1 of 1
                                         COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 837   (2026)
      Amendment No.




           COMMITTEE/SUBCOMMITTEE ACTION
      ADOPTED                     (Y/N)
      ADOPTED AS AMENDED          (Y/N)
      ADOPTED W/O OBJECTION       (Y/N)
      FAILED TO ADOPT             (Y/N)
      WITHDRAWN                   (Y/N)
      OTHER


1     Committee/Subcommittee hearing bill:      Housing, Agriculture &
2     Tourism Subcommittee
3     Representative Busatta offered the following:
4
5          Amendment
6          Remove lines 106-107 and insert:
7     yards, meat packing facilities, citrus processing and packing
8     facilities, produce processing and packing facilities,




    239997 - h0837-line106.docx
    Published On: 1/20/2026 1:40:02 PM
                                  Page 1 of 1


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