HB 137 2025
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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 the homeowners' association 2
ombudsman; creating s. 720.319, F.S.; creating the 3
Office of the Homeowners' Association Ombudsman within 4
the Division of Florida Condominiums, Timeshares, and 5
Mobile Homes of the Department of Business and 6
Professional Regulation; providing for funding of the 7
office; directing the Governor to appoint the 8
ombudsman; requiring that the ombudsman be an attorney 9
admitted to practice before the Florida Supreme Court; 10
providing that the ombudsman serves at the pleasure of 11
the Governor; prohibiting the ombudsman and officers 12
and full-time employees of the office from holding 13
certain positions, engaging in certain activit ies, or 14
receiving certain remuneration; providing for the 15
principal location of the ombudsman's office; 16
authorizing the ombudsman to establish branch offices 17
under specified circumstances; specifying the powers 18
and duties of the ombudsman; providing for th e 19
administration of an election monitoring process; 20
authorizing rulemaking for the division; providing 21
that a specified rule governs the administration of 22
election monitoring under certain circumstances; 23
providing an effective date. 24
25
HB 137 2025
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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
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Section 720.319, Florida Statutes, is created 28
to read: 29
720.319 Homeowners' association ombudsman. — 30
(1) ADMINISTRATION; APPOINTMENT; LOCATION. — 31
(a) There is created an Office of the Homeowners' 32
Association Ombudsman, to be located for administrative purposes 33
within the Division of Florida Condominiums, Timeshares, and 34
Mobile Homes. The functions of the office shall be funded by the 35
Division of Florida Condominiums, Timeshares, and Mobile Homes 36
Trust Fund. The ombudsman shall be a bureau chief of the office, 37
and the office shall be set within the division in the same 38
manner as any other bureau is staffed and funded. 39
(b) The Governor shall appoint the ombudsman. The 40
ombudsman must be an attorney admitted to practice before the 41
Florida Supreme Court and shall serve at the pleasure of the 42
Governor. The ombudsman, an officer, or a full -time employee of 43
the ombudsman's office may not actively engage in any other 44
business or profession that directly or indirectly relates to or 45
conflicts with his or her work in the ombudsman's office; serve 46
as the representative of any political party, executive 47
committee, or other governing body of a political party; serve 48
as an executive, officer, or employee of a poli tical party; 49
receive remuneration for activities on behalf of any candidate 50
HB 137 2025
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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
for public office; or engage in soliciting votes or other 51
activities on behalf of a candidate for public office. The 52
ombudsman, an officer, or a full -time employee of the 53
ombudsman's office may not become a candidate for election to 54
public office unless he or she first resigns from his or her 55
office or employment. 56
(c) The ombudsman shall maintain his or her principal 57
office at a place convenient to the offices of the division 58
which will enable the ombudsman to carry out the duties and 59
functions of his or her office expeditiously. The ombudsman may 60
establish branch offices elsewhere in this state upon the 61
concurrence of the Governor. 62
(2) POWERS AND DUTIES. —The ombudsman has the po wers 63
necessary to carry out the duties of his or her office, 64
including, but not limited to, the authority to do any of the 65
following: 66
(a) Access and use all files and records of the division. 67
(b) Employ professional and clerical staff as necessary 68
for the efficient operation of the office. 69
(c) Prepare and issue reports and recommendations to the 70
Governor, the department, the division, the President of the 71
Senate, and the Speaker of the House of Representatives on any 72
matter or subject within the juris diction of the division. The 73
ombudsman shall make recommendations he or she deems appropriate 74
for legislation relative to division procedures, rules, 75
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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
jurisdiction, personnel, and functions. 76
(d) Act as liaison between the division, parcel owners, 77
boards of directors, board members, community association 78
managers, and other affected parties. The ombudsman shall 79
develop policies and procedures to assist parcel owners, boards 80
of directors, board members, community association managers, and 81
other affected parties to understand their rights and 82
responsibilities as set forth in this chapter and the governing 83
documents of their respective associations. The ombudsman shall 84
coordinate and assist in the preparation and adoption of 85
educational and reference materials and shall endeavor to 86
coordinate with private or volunteer providers of these 87
services, so that the availability of any such resource is made 88
known to the largest possible audience. 89
(e) Monitor and review procedures and disputes concerning 90
elections or meetings, including, but not limited to, 91
recommending that the division pursue enforcement action in any 92
manner if there is reasonable cause to believe that election 93
misconduct has occurred and reviewing secret ballots cast at a 94
vote of the association. 95
(f) Make recommendations to the division for changes in 96
rules and procedures for the filing, investigation, and 97
resolution of complaints filed by parcel owners, associations, 98
or managers. 99
(g) Provide resources to assist members of boards of 100
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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
directors and officers of associations to carry out their powers 101
and duties consistent with this chapter, division rules, and the 102
governing documents of their associations. 103
(h) Encourage and facilitate voluntary meetings between 104
parcel owners, boards of directors, b oard members, community 105
association managers, and other affected parties when the 106
meetings may assist in resolving a dispute that involves a 107
homeowners' association before a person submits a dispute for a 108
formal or administrative remedy. It is the intent o f the 109
Legislature that the ombudsman act as a neutral resource for 110
both the rights and responsibilities of parcel owners, 111
associations, and board members. 112
(i) Assist with the resolution of disputes between parcel 113
owners and the association or between par cel owners when the 114
dispute is not within the jurisdiction of the division to 115
resolve. 116
(j) Appoint an election monitor. 117
(3) ELECTION MONITORING. — 118
(a) Fifteen percent of the total voting interests in a 119
homeowners' association, or six parcel owners, wh ichever is 120
greater, may petition the ombudsman to appoint an election 121
monitor to attend the annual meeting of the parcel owners and 122
conduct the election of directors. 123
(b) The ombudsman shall appoint a division employee, a 124
person who specializes in homeow ners' association election 125
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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
monitoring, or an attorney licensed to practice in this state as 126
the election monitor. 127
(c) All costs associated with the election monitoring 128
process must be paid by the association. 129
(d) The division may adopt a rule establish ing procedures 130
for the appointment of election monitors and the scope and 131
extent of the monitor's role in the election process. If the 132
division does not adopt a rule, then, to the extent applicable, 133
rule 61B-23.00215, Florida Administrative Code, must gove rn the 134
administration of election monitoring. 135
Section 2. This act shall take effect July 1, 2025. 136