HB 1039 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1039-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to fines levied by a homeowners' 2
association; amending s. 720.305, F.S.; providing that 3
a fine levied against a member or the tenants, guests, 4
and invitees of a member may not become a lien against 5
the parcel; providing an effective date. 6
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Be It Enacted by the Legislature of the State of Florida: 8
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Section 1. Subsection (2) of section 720.305, Florida 10
Statutes, is amended to read: 11
720.305 Obligations of members; remedies at law or in 12
equity; levy of fines and suspension of use rights. — 13
(2) An association may levy reasonable fines. A fine may 14
not exceed $100 per violation against any member or any member's 15
tenant, guest, or invitee for t he failure of the owner of the 16
parcel or its occupant, licensee, or invitee to comply with any 17
provision of the declaration, the association bylaws, or 18
reasonable rules of the association unless otherwise provided in 19
the governing documents. A fine may be levied by the board for 20
each day of a continuing violation, with a single notice and 21
opportunity for hearing, except that the fine may not exceed 22
$1,000 in the aggregate unless otherwise provided in the 23
governing documents. A fine of less than $1,000 may not become a 24
lien against a parcel. In any action to recover a fine, the 25
HB 1039 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1039-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prevailing party is entitled to reasonable attorney fees and 26
costs from the nonprevailing party as determined by the court. 27
(a) An association may suspend, for a reasonable period of 28
time, the right of a member, or a member's tenant, guest, or 29
invitee, to use common areas and facilities for the failure of 30
the owner of the parcel or its occupant, licensee, or invitee to 31
comply with any provision of the declaration, the association 32
bylaws, or reasonable rules of the association. This paragraph 33
does not apply to that portion of common areas used to provide 34
access or utility services to the parcel. A suspension may not 35
prohibit an owner or tenant of a parcel from having vehicular 36
and pedestrian ingress to and egress from the parcel, including, 37
but not limited to, the right to park. 38
(b) A fine or suspension levied by the board of 39
administration may not be imposed unless the board first 40
provides at least 14 days' notice to the parcel owner and, if 41
applicable, any occupant, licensee, or invitee of the parcel 42
owner, sought to be fined or suspended and an opportunity for a 43
hearing before a committee of at least three members appointed 44
by the board who are not officers, directors, or employees o f 45
the association, or the spouse, parent, child, brother, or 46
sister of an officer, director, or employee. If the committee, 47
by majority vote, does not approve a proposed fine or 48
suspension, the proposed fine or suspension may not be imposed. 49
The role of the committee is limited to determining whether to 50
HB 1039 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1039-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
confirm or reject the fine or suspension levied by the board. If 51
the proposed fine or suspension levied by the board is approved 52
by the committee, the fine payment is due 5 days after notice of 53
the approved fine is provided to the parcel owner and, if 54
applicable, to any occupant, licensee, or invitee of the parcel 55
owner. The association must provide written notice of such fine 56
or suspension by mail or hand delivery to the parcel owner and, 57
if applicable, to any occupant, licensee, or invitee of the 58
parcel owner. 59
Section 2. This act shall take effect July 1, 2022. 60