HB 545 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0545-00
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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 homeowners' 2
associations; amending s. 720.305, F.S.; prohibiting 3
fines imposed by homeowners' associations from 4
exceeding $500 in the aggregate; conforming provision 5
to change made by the act; providing an effective 6
date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Subsection (2) of section 720.305, Florida 11
Statutes, is amended to read: 12
720.305 Obligations of members; remedies at law or in 13
equity; levy of fines and suspension of use rights. — 14
(2) An association may levy reasonable fines. A fine may 15
not exceed $100 per violation against any member or any member's 16
tenant, guest, or invitee for the failure of the owner of the 17
parcel or its occupant, licensee, or invitee to comply with any 18
provision of the declaration, the association bylaws, or 19
reasonable rules of the association unless otherwise provided in 20
the governing documents. A fine may be levied by the board for 21
each day of a continuing violation, with a single notice and 22
opportunity for hearing, except that the fine may not exceed 23
$500 $1,000 in the aggregate unless otherwise provided in the 24
governing documents. A fine of les s than $500 $1,000 may not 25
HB 545 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0545-00
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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
become a lien against a parcel. In any action to recover a fine, 26
the prevailing party is entitled to reasonable attorney fees and 27
costs from the nonprevailing party as determined by the court. 28
(a) An association may suspend, fo r a reasonable period of 29
time, the right of a member, or a member's tenant, guest, or 30
invitee, to use common areas and facilities for the failure of 31
the owner of the parcel or its occupant, licensee, or invitee to 32
comply with any provision of the declarati on, the association 33
bylaws, or reasonable rules of the association. This paragraph 34
does not apply to that portion of common areas used to provide 35
access or utility services to the parcel. A suspension may not 36
prohibit an owner or tenant of a parcel from ha ving vehicular 37
and pedestrian ingress to and egress from the parcel, including, 38
but not limited to, the right to park. 39
(b) A fine or suspension levied by the board of 40
administration may not be imposed unless the board first 41
provides at least 14 days' not ice to the parcel owner and, if 42
applicable, any occupant, licensee, or invitee of the parcel 43
owner, sought to be fined or suspended and an opportunity for a 44
hearing before a committee of at least three members appointed 45
by the board who are not officers, d irectors, or employees of 46
the association, or the spouse, parent, child, brother, or 47
sister of an officer, director, or employee. If the committee, 48
by majority vote, does not approve a proposed fine or 49
suspension, the proposed fine or suspension may not be imposed. 50
HB 545 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0545-00
Page 3 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
The role of the committee is limited to determining whether to 51
confirm or reject the fine or suspension levied by the board. If 52
the proposed fine or suspension levied by the board is approved 53
by the committee, the fine payment is due 5 days after notice of 54
the approved fine is provided to the parcel owner and, if 55
applicable, to any occupant, licensee, or invitee of the parcel 56
owner. The association must provide written notice of such fine 57
or suspension by mail or hand delivery to the parcel owner and, 58
if applicable, to any occupant, licensee, or invitee of the 59
parcel owner. 60
Section 2. This act shall take effect July 1, 2023. 61