CS/HB 545 2023 CODING: Words stricken are deletions; words underlined are additions. hb0545-01-c1 Page 1 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 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; requiring an 5 association to provide certain notice to a member at 6 his or her designated mailing address; providing an 7 exception; providing requirements for such notice; 8 prohibiting the imposition of a fine or suspension 9 under certain circumstances; providing an effective 10 date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (2) of section 720.305, Florida 15 Statutes, is amended to read: 16 720.305 Obligations of members; remedies at law or in 17 equity; levy of fines and suspension of use rights. — 18 (2) An association may levy reasonable fines. A fine may 19 not exceed $100 per violation against any member or any member's 20 tenant, guest, or invitee for the failure of the owner of the 21 parcel or its occupant, licensee, or invitee to comply with any 22 provision of the declaration, the association bylaws, or 23 reasonable rules of the association unless otherwise provided in 24 the governing documents. A fine may be levied by the board for 25 CS/HB 545 2023 CODING: Words stricken are deletions; words underlined are additions. hb0545-01-c1 Page 2 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 each day of a continuing violat ion, with a single notice and 26 opportunity for hearing, except that the fine may not exceed 27 $500 $1,000 in the aggregate unless otherwise provided in the 28 governing documents. The notice must be sent to a member's 29 designated mailing address, which is the mem ber's property 30 address, unless the member has sent written notice to the 31 association requesting that a different mailing address be used 32 for such notice. The notice must include a description of the 33 alleged violation and the specific actions required to cu re such 34 violation. If the member cures the alleged violation within 14 35 days after receiving notice from the association, a fine or 36 suspension may not be imposed for such violation. A fine of less 37 than $1,000 may not become a lien against a parcel. In any 38 action to recover a fine, the prevailing party is entitled to 39 reasonable attorney fees and costs from the nonprevailing party 40 as determined by the court. 41 (a) An association may suspend, for a reasonable period of 42 time, the right of a member, or a member's tenant, guest, or 43 invitee, to use common areas and facilities for the failure of 44 the owner of the parcel or its occupant, licensee, or invitee to 45 comply with any provision of the declaration, the association 46 bylaws, or reasonable rules of the association. This paragraph 47 does not apply to that portion of common areas used to provide 48 access or utility services to the parcel. A suspension may not 49 prohibit an owner or tenant of a parcel from having vehicular 50 CS/HB 545 2023 CODING: Words stricken are deletions; words underlined are additions. hb0545-01-c1 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 and pedestrian ingress to and egress from the parcel , including, 51 but not limited to, the right to park. 52 (b) A fine or suspension levied by the board of 53 administration may not be imposed unless the board first 54 provides at least 14 days' notice to the parcel owner and, if 55 applicable, any occupant, licensee, or invitee of the parcel 56 owner, sought to be fined or suspended and an opportunity for a 57 hearing before a committee of at least three members appointed 58 by the board who are not officers, directors, or employees of 59 the association, or the spouse, parent, c hild, brother, or 60 sister of an officer, director, or employee. If the committee, 61 by majority vote, does not approve a proposed fine or 62 suspension, the proposed fine or suspension may not be imposed. 63 The role of the committee is limited to determining wheth er to 64 confirm or reject the fine or suspension levied by the board. If 65 the proposed fine or suspension levied by the board is approved 66 by the committee, the fine payment is due 5 days after notice of 67 the approved fine is provided to the parcel owner and, i f 68 applicable, to any occupant, licensee, or invitee of the parcel 69 owner. The association must provide written notice of such fine 70 or suspension by mail or hand delivery to the parcel owner and, 71 if applicable, to any occupant, licensee, or invitee of the 72 parcel owner. 73 Section 2. This act shall take effect July 1, 2023. 74