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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 land use and development; amending 2
ss. 125.022 and 166.033, F.S.; requiring counties and 3
municipalities, respectively, to meet specified 4
requirements regarding the minimum information 5
necessary for certain zoning applications; revising 6
timeframes for processing applications for approvals 7
of development permits or development orders; defining 8
the term "substantive change"; providing a refund 9
requirement in situations in which the county or 10
municipality, respectively, fails to meet certain 11
timeframes; providing exceptions; amending s. 12
163.3162, F.S.; providing that production of ethanol 13
from certain plants or plant products does not 14
constitute chemical manufacturing or chemical 15
refining; providing for construction and retroactive 16
application; amending s. 163.3184, F.S.; providing 17
that if comprehensive plan amendments are not adopted 18
at a specified hearing, such amendments must be 19
formally adopted within a certain time period or they 20
are deemed withdrawn; increasing the time period 21
within which comprehensive plan amendments must be 22
transmitted; providing for construction and 23
retroactive application; amending s. 163.3180, F.S.; 24
prohibiting a school district from collecting, 25
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charging, or imposing any alternative fee for 26
concurrency for educationa l facilities that does not 27
meet certain requirements; providing the burden of 28
proof for legal action challenging such fees; amending 29
s. 553.80, F.S.; specifying certain purposes for which 30
local governments may use certain fees to carry out 31
activities relating to obtaining or finalizing a 32
building permit; amending s. 720.301, F.S.; revising 33
and providing definitions; amending s. 720.302, F.S.; 34
revising applicability of the Homeowners' Association 35
Act; amending s. 720.3086, F.S.; revising the persons 36
to whom and the method by which a certain financial 37
report must be made available; creating s. 720.319, 38
F.S.; specifying that certain parcels may be subject 39
to a recreational covenant; providing that certain 40
recreational facilities and amenities are not a part 41
of a common area; prohibiting the imposition or 42
collection of amenity dues except as provided in a 43
recreational covenant; limiting the annual increase in 44
amenity dues; providing requirements for certain 45
recreational covenants recorded on or after a certain 46
date; requiring that a recreational covenant recorded 47
on or after a certain date comply with such 48
requirements by a date certain to remain valid; 49
prohibiting a recreational covenant from requiring an 50
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association to collect amenity dues; providing that 51
the termination of a recreational covenant or the 52
right of a private amenity owner to suspend the right 53
of a parcel owner to use a privately owned 54
recreational facility or amenity may not prohibit 55
certain actions of the owner or tenant; requiring a 56
specified disclosure summary beginning on a date 57
certain for contracts for the sale of certain parcels; 58
providing construction; requiring such disclosure to 59
be supplied by the developer or parcel owner; 60
requiring any contract or agreement for sale of a 61
parcel governed by a homeowners' association and 62
subject to a recreational covenant to refer to and 63
incorporate such disclosure after a date certain; 64
authorizing the purchaser to void such contract or 65
agreement if such disclosure is not provided; 66
providing applicability; amending ss. 336.125, 67
558.002, 617.0725, 718.116, and 720.3085, F.S.; 68
conforming cross-references; providing an effective 69
date. 70
71
Be It Enacted by the Legislature of the State of Florida: 72
73
Section 1. Section 125.022, Florida Statutes, is amended 74
to read: 75
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125.022 Development permits and orders. — 76
(1) A county shall specify in writing the minimum 77
information that must be submitted in an application for a 78
zoning approval, rezoning approval, subdivision approval, 79
certification, special exception, or v ariance. A county shall 80
make such information available for inspection and copying at 81
the location where the county receives applications for 82
development permits and orders, provide the information to the 83
applicant at a preapplication meeting, or post the information 84
on the county's website. 85
(2)(1) Within 5 business days after receiving an 86
application for approval of a development permit or development 87
order, a county shall confirm receipt of the application using 88
contact information provided by the appli cant. Within 30 days 89
after receiving an application for approval of a development 90
permit or development order, a county must review the 91
application for completeness and issue a written notification to 92
the applicant letter indicating that all required infor mation is 93
submitted or specify in writing specifying with particularity 94
any areas that are deficient. If the application is deficient, 95
the applicant has 30 days to address the deficiencies by 96
submitting the required additional information. For applications 97
that do not require final action through a quasi -judicial 98
hearing or a public hearing, the county must approve, approve 99
with conditions, or deny the application for a development 100
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permit or development order within 120 days after the county has 101
deemed the application complete ., or 180 days For applications 102
that require final action through a quasi -judicial hearing or a 103
public hearing, the county must approve, approve with 104
conditions, or deny the application for a development permit or 105
development order within 180 days after the county has deemed 106
the application complete . Both parties may agree in writing or 107
in a public meeting or hearing to a reasonable request for an 108
extension of time, particularly in the event of a force majeure 109
or other extraordinary circ umstance. An approval, approval with 110
conditions, or denial of the application for a development 111
permit or development order must include written findings 112
supporting the county's decision. The timeframes contained in 113
this subsection do not apply in an area of critical state 114
concern, as designated in s. 380.0552. The timeframes contained 115
in this subsection restart if an applicant makes a substantive 116
change to the application. As used in this subsection, the term 117
"substantive change" means an applicant -initiated change of 15 118
percent or more in the proposed density, intensity, or square 119
footage of a parcel. 120
(3)(2)(a) When reviewing an application for a development 121
permit or development order that is certified by a professional 122
listed in s. 403.0877, a county m ay not request additional 123
information from the applicant more than three times, unless the 124
applicant waives the limitation in writing. 125
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(b) If a county makes a request for additional information 126
and the applicant submits the required additional informatio n 127
within 30 days after receiving the request, the county must 128
review the application for completeness and issue a letter 129
indicating that all required information has been submitted or 130
specify with particularity any areas that are deficient within 131
30 days after receiving the additional information. 132
(c) If a county makes a second request for additional 133
information and the applicant submits the required additional 134
information within 30 days after receiving the request, the 135
county must review the application for completeness and issue a 136
letter indicating that all required information has been 137
submitted or specify with particularity any areas that are 138
deficient within 10 days after receiving the additional 139
information. 140
(d) Before a third request for additiona l information, the 141
applicant must be offered a meeting to attempt to resolve 142
outstanding issues. If a county makes a third request for 143
additional information and the applicant submits the required 144
additional information within 30 days after receiving the 145
request, the county must deem the application complete within 10 146
days after receiving the additional information or proceed to 147
process the application for approval or denial unless the 148
applicant waived the county's limitation in writing as described 149
in paragraph (a). 150
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(e) Except as provided in subsection (7) (5), if the 151
applicant believes the request for additional information is not 152
authorized by ordinance, rule, statute, or other legal 153
authority, the county, at the applicant's request, shall proceed 154
to process the application for approval or denial. 155
(4) A county must issue a refund to an applicant equal to: 156
(a) Ten percent of the application fee if the county fails 157
to issue written notification of completeness or written 158
specification of areas of defic iency within 30 days after 159
receiving the application. 160
(b) Ten percent of the application fee if the county fails 161
to issue written notification of completeness or written 162
specification of areas of deficiency within 30 days after 163
receiving the additional i nformation pursuant to paragraph 164
(3)(b). 165
(c) Twenty percent of the application fee if the county 166
fails to issue written notification of completeness or written 167
specification of areas of deficiency within 10 days after 168
receiving the additional information pursuant to paragraph 169
(3)(c). 170
(d) Fifty percent of the application fee if the county 171
fails to approve, approves with conditions, or denies the 172
application within 30 days after conclusion of the 120 -day or 173
180-day timeframe specified in subsection (2). 174
(e) One hundred percent of the application fee if the 175
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county fails to approve, approves with conditions, or denies an 176
application 31 days or more after conclusion of the 120 -day or 177
180-day timeframe specified in subsection (2). 178
179
A county is not required t o issue a refund if the applicant and 180
the county agree to an extension of time, the delay is caused by 181
the applicant, or the delay is attributable to a force majeure 182
or other extraordinary circumstance. 183
(5)(3) When a county denies an application for a 184
development permit or development order, the county shall give 185
written notice to the applicant. The notice must include a 186
citation to the applicable portions of an ordinance, rule, 187
statute, or other legal authority for the denial of the permit 188
or order. 189
(6)(4) As used in this section, the terms "development 190
permit" and "development order" have the same meaning as in s. 191
163.3164, but do not include building permits. 192
(7)(5) For any development permit application filed with 193
the county after July 1, 2012, a c ounty may not require as a 194
condition of processing or issuing a development permit or 195
development order that an applicant obtain a permit or approval 196
from any state or federal agency unless the agency has issued a 197
final agency action that denies the federa l or state permit 198
before the county action on the local development permit. 199
(8)(6) Issuance of a development permit or development 200
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order by a county does not in any way create any rights on the 201
part of the applicant to obtain a permit from a state or fed eral 202
agency and does not create any liability on the part of the 203
county for issuance of the permit if the applicant fails to 204
obtain requisite approvals or fulfill the obligations imposed by 205
a state or federal agency or undertakes actions that result in a 206
violation of state or federal law. A county shall attach such a 207
disclaimer to the issuance of a development permit and shall 208
include a permit condition that all other applicable state or 209
federal permits be obtained before commencement of the 210
development. 211
(9)(7) This section does not prohibit a county from 212
providing information to an applicant regarding what other state 213
or federal permits may apply. 214
Section 2. Subsection (5) is added to section 163.3162, 215
Florida Statutes, to read: 216
163.3162 Agricultura l lands and practices. — 217
(5) PRODUCTION OF ETHANOL. —Production of ethanol from 218
plants or plant products as defined in s. 581.011 by 219
fermentation, distillation, or drying does not constitute 220
chemical manufacturing or chemical refining. This subsection is 221
intended to be remedial and clarifying in nature and shall apply 222
retroactively to any law, regulation, or ordinance or any 223
interpretation thereof. 224
Section 3. Paragraph (c) of subsection (3) of section 225
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163.3184, Florida Statutes, is amended to read: 226
163.3184 Process for adoption of comprehensive plan or 227
plan amendment.— 228
(3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 229
COMPREHENSIVE PLAN AMENDMENTS. — 230
(c)1. The local government shall hold a second public 231
hearing, which shall be a hearing on whether to adopt one or 232
more comprehensive plan amendments pursuant to subsection (11). 233
If the local government fails, within 180 days after receipt of 234
agency comments, to hold the second public hearing, and to adopt 235
the comprehensive plan amendments, the amendments are deemed 236
withdrawn unless extended by agreement with notice to the state 237
land planning agency and any affected person that provided 238
comments on the amendment. If the amendments are not adopted at 239
the second public hearing, the amendments shall be formally 240
adopted by the local government within 180 days after the second 241
public hearing is held or the amendments are deemed withdrawn 242
The 180-day limitation does not apply to amendments processed 243
pursuant to s. 380.06 . 244
2. All comprehensive plan amendments adopted by the 245
governing body, along with the supporting data and analysis, 246
shall be transmitted within 30 10 working days after the final 247
adoption hearing to the state land planning agency and any other 248
agency or local government that provided timely comments under 249
subparagraph (b)2. If the local government fails to transmit the 250
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comprehensive plan amendments within 30 10 working days after 251
the final adoption hearing, the amendments are deemed withdrawn. 252
3. The state land planning agency shall notify the local 253
government of any deficiencies within 5 working days after 254
receipt of an amendment package. For purposes of completeness, 255
an amendment shall be deemed complete if it contains a full, 256
executed copy of: 257
a. The adoption ordinance or ordinances; 258
b. In the case of a text amendment, the amended language 259
in legislative format with new words inserted in the text 260
underlined, and words deleted stricken with hyphens; 261
c. In the case of a future land use map amendment, the 262
future land use map clearly depicting the parcel, its existing 263
future land use designation, and its adopted designation; and 264
d. Any data and analyses the local government deems 265
appropriate. 266
4. An amendment adopted under this paragraph does not 267
become effective until 31 days after the state land planning 268
agency notifies the local government that the plan amendment 269
package is complete. If timely challenged, an amendment does not 270
become effective until the state land planning agency or the 271
Administration Commission enters a final order determining the 272
adopted amendment to be in compliance. 273
274
This paragraph is remedial in nature, is intended to clarify 275
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existing law, and shall apply retroactively to January 1, 2022. 276
Section 4. Section 166.033, Florida Statutes, is amended 277
to read: 278
166.033 Development permits and orders. — 279
(1) A municipality shall specify in writing the minim um 280
information that must be submitted for an application for a 281
zoning approval, rezoning approval, subdivision approval, 282
certification, special exception, or variance. A municipality 283
shall make such information available for inspection and copying 284
at the location where the municipality receives applications for 285
development permits and orders, provide the information to the 286
applicant at a preapplication meeting, or post the information 287
on the municipality's website. 288
(2)(1) Within 5 business days after receiving an 289
application for approval of a development permit or development 290
order, a municipality shall confirm receipt of the application 291
using contact information provided by the applicant. Within 30 292
days after receiving an application for approval of a 293
development permit or development order, a municipality must 294
review the application for completeness and issue a written 295
notification to the applicant letter indicating that all 296
required information is submitted or specify in writing 297
specifying with particularity any areas that are deficient. If 298
the application is deficient, the applicant has 30 days to 299
address the deficiencies by submitting the required additional 300
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information. For applications that do not require final action 301
through a quasi-judicial hearing or a public hearing, the 302
municipality must approve, approve with conditions, or deny the 303
application for a development permit or development order within 304
120 days after the municipality has deemed the application 305
complete., or 180 days For applications that require final 306
action through a quasi -judicial hearing or a public hearing, the 307
municipality must approve, approve with conditions, or deny the 308
application for a development permit or development order within 309
180 days after the municipality has deemed the application 310
complete. Both parties may agree in writing or in a public 311
meeting or hearing to a reasonable request for an extension of 312
time, particularly in the event of a force majeure or other 313
extraordinary circumstance. An approval, approval with 314
conditions, or denial of the application for a development 315
permit or development order must include written findings 316
supporting the municipality's decision. The timeframes contained 317
in this subsection do not apply in an area of critical state 318
concern, as designated in s. 380.0552 or chapter 28 -36, Florida 319
Administrative Code. The timeframes contained in this subsection 320
restart if an applicant makes a substantive change to the 321
application. As used in this subsection, the term "substantive 322
change" means an appl icant-initiated change of 15 percent or 323
more in the proposed density, intensity, or square footage of a 324
parcel. 325
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(3)(2)(a) When reviewing an application for a development 326
permit or development order that is certified by a professional 327
listed in s. 403.087 7, a municipality may not request additional 328
information from the applicant more than three times, unless the 329
applicant waives the limitation in writing. 330
(b) If a municipality makes a request for additional 331
information and the applicant submits the requi red additional 332
information within 30 days after receiving the request, the 333
municipality must review the application for completeness and 334
issue a letter indicating that all required information has been 335
submitted or specify with particularity any areas that are 336
deficient within 30 days after receiving the additional 337
information. 338
(c) If a municipality makes a second request for 339
additional information and the applicant submits the required 340
additional information within 30 days after receiving the 341
request, the municipality must review the application for 342
completeness and issue a letter indicating that all required 343
information has been submitted or specify with particularity any 344
areas that are deficient within 10 days after receiving the 345
additional information. 346
(d) Before a third request for additional information, the 347
applicant must be offered a meeting to attempt to resolve 348
outstanding issues. If a municipality makes a third request for 349
additional information and the applicant submits the required 350
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additional information within 30 days after receiving the 351
request, the municipality must deem the application complete 352
within 10 days after receiving the additional information or 353
proceed to process the application for approval or denial unless 354
the applicant waived the municipality's limitation in writing as 355
described in paragraph (a). 356
(e) Except as provided in subsection (7) (5), if the 357
applicant believes the request for additional information is not 358
authorized by ordinance, rule, statute, or other legal 359
authority, the municipality, at the applicant's request, shall 360
proceed to process the application for approval or denial. 361
(4) A municipality must issue a refund to an applicant 362
equal to: 363
(a) Ten percent of the application fee if the municipality 364
fails to issue written notification of completeness or written 365
specification of areas of deficiency within 30 days after 366
receiving the application. 367
(b) Ten percent of the application fee if the municipality 368
fails to issue written notification of completeness or written 369
specification of areas of deficiency within 30 days after 370
receiving the additional information pursuant to paragraph 371
(3)(b). 372
(c) Twenty percent of the application fee if the 373
municipality fails to issue written notification of completeness 374
or written specification of areas of deficiency within 10 days 375
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after receiving the additional information pursuant to paragraph 376
(3)(c). 377
(d) Fifty percent of the application fee if the 378
municipality fails to approve, approves with conditions, or 379
denies the application w ithin 30 days after conclusion of the 380
120-day or 180-day timeframe specified in subsection (2). 381
(e) One hundred percent of the application fee if the 382
municipality fails to approve, approves with conditions, or 383
denies an application 31 days or more after conclusion of the 384
120-day or 180-day timeframe specified in subsection (2). 385
386
A municipality is not required to issue a refund if the 387
applicant and the municipality agree to an extension of time, 388
the delay is caused by the applicant, or the delay is 389
attributable to a force majeure or other extraordinary 390
circumstance. 391
(5)(3) When a municipality denies an application for a 392
development permit or development order, the municipality shall 393
give written notice to the applicant. The notice must include a 394
citation to the applicable portions of an ordinance, rule, 395
statute, or other legal authority for the denial of the permit 396
or order. 397
(6)(4) As used in this section, the terms "development 398
permit" and "development order" have the same meaning as in s. 399
163.3164, but do not include building permits. 400
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(7)(5) For any development permit application filed with 401
the municipality after July 1, 2012, a municipality may not 402
require as a condition of processing or issuing a development 403
permit or development order that an appli cant obtain a permit or 404
approval from any state or federal agency unless the agency has 405
issued a final agency action that denies the federal or state 406
permit before the municipal action on the local development 407
permit. 408
(8)(6) Issuance of a development permit or development 409
order by a municipality does not create any right on the part of 410
an applicant to obtain a permit from a state or federal agency 411
and does not create any liability on the part of the 412
municipality for issuance of the permit if the applicant fails 413
to obtain requisite approvals or fulfill the obligations imposed 414
by a state or federal agency or undertakes actions that result 415
in a violation of state or federal law. A municipality shall 416
attach such a disclaimer to t he issuance of development permits 417
and shall include a permit condition that all other applicable 418
state or federal permits be obtained before commencement of the 419
development. 420
(9)(7) This section does not prohibit a municipality from 421
providing information to an applicant regarding what other state 422
or federal permits may apply. 423
Section 5. Paragraph (j) of subsection (6) of section 424
163.3180, Florida Statutes, is redesignated as paragraph (k), 425
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and a new paragraph (j) is added to that subsection to read: 426
163.3180 Concurrency. — 427
(6) 428
(j) A school district may not collect, charge, or impose 429
any alternative fee in lieu of an impact fee to mitigate the 430
impact of development on educational facilities unless such fee 431
meets the requirements of s. 163.31801(4)(f ) and (g). In any 432
action challenging a fee under this paragraph, the school 433
district has the burden of proving by a preponderance of the 434
evidence that the imposition and amount of the fee meets the 435
requirements of state legal precedent. 436
Section 6. Paragraph (a) of subsection (7) of section 437
553.80, Florida Statutes, is amended to read: 438
553.80 Enforcement. — 439
(7)(a) The governing bodies of local governments may 440
provide a schedule of reasonable fees, as authorized by s. 441
125.56(2) or s. 166.222 and this s ection, for enforcing this 442
part. These fees, and any fines or investment earnings related 443
to the fees, may only be used for carrying out the local 444
government's responsibilities in enforcing the Florida Building 445
Code, including, but not limited to, any proc ess or enforcement 446
related to obtaining or finalizing a building permit . When 447
providing a schedule of reasonable fees, the total estimated 448
annual revenue derived from fees, and the fines and investment 449
earnings related to the fees, may not exceed the total estimated 450
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annual costs of allowable activities. Any unexpended balances 451
must be carried forward to future years for allowable activities 452
or must be refunded at the discretion of the local government. A 453
local government may not carry forward an amount exce eding the 454
average of its operating budget for enforcing the Florida 455
Building Code for the previous 4 fiscal years. For purposes of 456
this subsection, the term "operating budget" does not include 457
reserve amounts. Any amount exceeding this limit must be used a s 458
authorized in subparagraph 2. However, a local government that 459
established, as of January 1, 2019, a Building Inspections Fund 460
Advisory Board consisting of five members from the construction 461
stakeholder community and carries an unexpended balance in 462
excess of the average of its operating budget for the previous 4 463
fiscal years may continue to carry such excess funds forward 464
upon the recommendation of the advisory board. The basis for a 465
fee structure for allowable activities must relate to the level 466
of service provided by the local government and must include 467
consideration for refunding fees due to reduced services based 468
on services provided as prescribed by s. 553.791, but not 469
provided by the local government. Fees charged must be 470
consistently applied. 471
1. As used in this subsection, the phrase "enforcing the 472
Florida Building Code" includes the direct costs and reasonable 473
indirect costs associated with review of building plans, 474
building inspections, reinspections, and building permit 475
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processing; building co de enforcement; and fire inspections 476
associated with new construction. The phrase may also include 477
training costs associated with the enforcement of the Florida 478
Building Code and enforcement action pertaining to unlicensed 479
contractor activity to the extent not funded by other user fees. 480
2. A local government must use any excess funds that it is 481
prohibited from carrying forward to rebate and reduce fees, to 482
upgrade technology hardware and software systems to enhance 483
service delivery, to pay for the constru ction of a building or 484
structure that houses a local government's building code 485
enforcement agency, or for training programs for building 486
officials, inspectors, or plans examiners associated with the 487
enforcement of the Florida Building Code. Excess funds u sed to 488
construct such a building or structure must be designated for 489
such purpose by the local government and may not be carried 490
forward for more than 4 consecutive years. An owner or builder 491
who has a valid building permit issued by a local government for 492
a fee, or an association of owners or builders located in the 493
state that has members with valid building permits issued by a 494
local government for a fee, may bring a civil action against the 495
local government that issued the permit for a fee to enforce 496
this subparagraph. 497
3. The following activities may not be funded with fees 498
adopted for enforcing the Florida Building Code: 499
a. Planning and zoning or other general government 500
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activities not related to obtaining a building permit . 501
b. Inspections of public buildings for a reduced fee or no 502
fee. 503
c. Public information requests, community functions, 504
boards, and any program not directly related to enforcement of 505
the Florida Building Code. 506
d. Enforcement and implementation of any other local 507
ordinance, excluding validly adopted local amendments to the 508
Florida Building Code and excluding any local ordinance directly 509
related to enforcing the Florida Building Code as defined in 510
subparagraph 1. 511
4. A local government must use recognized management, 512
accounting, and oversight practices to ensure that fees, fines, 513
and investment earnings generated under this subsection are 514
maintained and allocated or used solely for the purposes 515
described in subparagraph 1. 516
5. The local enforcement agency, independent district, or 517
special district may not require at any time, including at the 518
time of application for a permit, the payment of any additional 519
fees, charges, or expenses associated with: 520
a. Providing proof of licensure under chapter 489; 521
b. Recording or filing a lice nse issued under this 522
chapter; 523
c. Providing, recording, or filing evidence of workers' 524
compensation insurance coverage as required by chapter 440; or 525
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d. Charging surcharges or other similar fees not directly 526
related to enforcing the Florida Building Co de. 527
Section 7. Subsections (1) through (12) and (13) of 528
section 720.301, Florida Statutes, are renumbered as subsections 529
(2) through (13) and (15), respectively, present subsections 530
(1), (8), and (10) are amended, and a new subsection (1) and 531
subsection (14) are added to that section, to read: 532
720.301 Definitions. —As used in this chapter, the term: 533
(1) "Amenity dues" means dues charged in accordance with a 534
recreational covenant. The term does not include the expenses of 535
a homeowners' association. 536
(2)(1) "Assessment" or "amenity fee" means a sum or sums 537
of money payable to the association, to the developer or other 538
owner of common areas, or to recreational facilities and other 539
properties serving the parcels by the owners of one or more 540
parcels as authorized in the governing documents, which if not 541
paid by the owner of a parcel, can result in a lien against the 542
parcel by the association. 543
(9)(a)(8) "Governing documents" means: 544
1.(a) The recorded declaration of covenants for a 545
community and all duly adopted and recorded amendments, 546
supplements, and recorded exhibits thereto; and 547
2.(b) The articles of incorporation and bylaws of the 548
homeowners' association and any duly adopted amendments thereto. 549
(b) Consistent with s. 720.302(3)(c), recreational 550
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covenants respecting privately owned recreational amenities are 551
not governing documents of an association, even if the 552
recreational covenants are attached as exhibits to, or 553
referenced in, a declaration of covenants. 554
(11)(10) "Member" means a member of a n association, and 555
may include, but is not limited to, a parcel owner or an 556
association representing parcel owners or a combination thereof, 557
and includes any person or entity obligated by the governing 558
documents to pay an assessment to the association or amenity 559
fee. 560
(14) "Recreational covenant" means a recorded covenant, 561
separate and distinct from a declaration of covenants, which 562
provides the nature and requirements of a membership in or the 563
use or purchase of privately owned commercial recreational 564
facilities or amenities for parcel owners in one or more 565
communities or community development districts and which: 566
(a) Is recorded in the public records of the county in 567
which the recreational facility or amenity or a property 568
encumbered thereby is located; 569
(b) Contains information regarding the amenity dues that 570
may be imposed on members and other persons permitted to use the 571
recreational facility or amenity and remedies that the 572
recreational facility or amenity owner or other third party may 573
have upon nonpayment of such amenity dues; and 574
(c) Requires mandatory membership or mandatory payment of 575
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amenity dues by some or all of the parcel owners in a community. 576
Section 8. Subsection (3) of section 720.302, Florida 577
Statutes, is amended, and subsection ( 6) is added to that 578
section, to read: 579
720.302 Purposes, scope, and application. — 580
(3) This chapter does not apply to: 581
(a) A community that is composed of property primarily 582
intended for commercial, industrial, or other nonresidential 583
use; or 584
(b) The commercial or industrial parcels in a community 585
that contains both residential parcels and parcels intended for 586
commercial or industrial use ; or 587
(c) Privately owned recreational amenities . 588
(6) This chapter does not apply to recreational covenants 589
or recreational facilities or amenities governed by a 590
recreational covenant, except as provided in ss. 720.3086 and 591
720.319. 592
Section 9. Section 720.3086, Florida Statutes, is amended 593
to read: 594
720.3086 Financial report. —In a residential subdivision in 595
which the owners of lots or parcels must pay mandatory 596
maintenance or amenity dues fees to the subdivision developer or 597
to the owners of the common areas, recreational facilities, 598
amenities, or and other properties serving the lots or parcels, 599
the developer or owner of such areas, facilities, amenities, or 600
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properties shall make public, within 60 days following the end 601
of each fiscal year, a complete financial report of the actual, 602
total receipts of mandatory maintenance or amenity dues fees 603
received by it, and an itemized listing of the expenditures made 604
for the operational costs, expenses, or other amounts expended 605
for the operation of such facilities, amenities, or properties 606
by it from such fees, for that year. Such report shall be made 607
public by mailing it to each lot or parcel owner in the 608
subdivision who is subject to the payment of such amenity dues , 609
by publishing it in a publication regularly distributed within 610
the subdivision, or by posting it in a prominent location 611
locations in the subdivision and in each such facility, amenity, 612
or property. The report must also be made available to a parcel 613
owner within the subdivision who makes a written request to 614
inspect the report. This section does not apply to assessments 615
or other amounts paid to homeowner associations pursuant to 616
chapter 617, chapter 718, chapter 719, chapter 721, or chapter 617
723, or to amounts paid to local governmental entities, 618
including special districts. 619
Section 10. Section 720.319, Florida Statutes, is created 620
to read: 621
720.319 Parcels subject to a recreational covenant. — 622
(1) A parcel within a community may be subject to a 623
recreational covenant. Recreational facilities and amenities 624
governed by a recreational covenant are not a part of a common 625
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area. 626
(2) Amenity dues may only be imposed and collected as 627
provided in a recreational covenant. Amenity dues may not be 628
increased by more than 10 percent from the preceding fiscal 629
year, unless the parcel owners subject to the recreational 630
covenant, by a majority vote, appr ove an increase in excess of 631
10 percent. 632
(3) If the recreational facilities or amenities are 633
intended to be converted to another use or sold, the parcels 634
that are subject to mandatory membership in a club or to the 635
imposition of mandatory amenity dues, o r the association 636
responsible for governing the parcels, shall have the right of 637
first refusal to purchase the facilities or amenities at fair 638
market value and shall be given notice at least 180 days before 639
the intended conversion or sale. In the event tha t a 640
recreational covenant recorded before October 1, 2025, contains 641
a purchase price or formula for determining the purchase price, 642
the terms of the recreational covenant shall govern the purchase 643
and sale of the facilities or amenities. 644
(4) A recreational covenant recorded on or after October 645
1, 2025, which creates mandatory membership in a club or imposes 646
mandatory amenity dues on parcel owners must specify all of the 647
following: 648
(a) The parcels within the community which are or will be 649
subject to mandatory membership in a club or to the imposition 650
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of mandatory amenity dues. 651
(b) The person responsible for owning, maintaining, and 652
operating the recreational facility or amenity governed by the 653
recreational covenant, which may be the developer. 654
(c) The manner in which amenity dues are apportioned and 655
collected from each encumbered parcel owner, and the person 656
authorized to collect such dues. The recreational covenant must 657
specify the components that comprise the amenity dues. 658
(d) The manner in which a menity dues may be increased, 659
which increase may occur periodically by a fixed percentage, a 660
fixed dollar amount, or in accordance with increases in the 661
Consumer Price Index for All Urban Consumers released in January 662
of each year. 663
(e) The rights and rem edies that are available relating to 664
payment and collection of amenity dues. 665
(f) A statement of whether collection rights to enforce 666
payment of amenity dues are subordinate to an association's 667
right to collect assessments. 668
(g) A statement of whether th e recreational facility or 669
amenity is open to the public or may be used by persons who are 670
not members or parcel owners within the community. 671
(5) A recreational covenant recorded before October 1, 672
2025, must comply with the requirements of subsection (4) by 673
October 1, 2026, to remain valid after that date. 674
(6) Notwithstanding any provision in a recreational 675
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covenant to the contrary, a recreational covenant may not 676
require an association to collect amenity dues on behalf of a 677
private third-party commercial recreational facility or amenity 678
owner. The private third -party commercial recreational facility 679
or amenity owner is solely responsible for the collection of 680
such dues. 681
(7) The termination of a recreational covenant or the 682
right of a private amenity o wner to suspend the right of a 683
parcel owner to use a privately owned recreational facility or 684
amenity may not: 685
(a) Prohibit an owner or a tenant of a parcel from having 686
vehicular and pedestrian ingress to and egress from the parcel; 687
(b) Prohibit an own er or a tenant of a parcel from 688
receiving utilities provided to the parcel by virtue of utility 689
facilities or utility easements located within the privately 690
owned recreational facility or amenity; or 691
(c) Prohibit an owner or a tenant of a parcel from hav ing 692
access to any mail delivery facility serving the parcel which is 693
located within the privately owned recreational facility or 694
amenity. 695
(8) Beginning October 1, 2025, each contract for the sale 696
of a parcel which is governed by an association and is als o 697
subject to a recreational covenant must contain in conspicuous 698
type a clause that substantially states the following, if the 699
contract does not already contain a disclosure that meets the 700
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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
requirements of the Interstate Land Sales Full Disclosure Act of 701
1968, as amended: 702
703
DISCLOSURE SUMMARY 704
705
YOUR LOT, DWELLING, AND/OR PARCEL IS SUBJECT TO A 706
RECREATIONAL COVENANT, AS DEFINED IN SECTION 720.301, 707
FLORIDA STATUTES. AS A PURCHASER OF PROPERTY SUBJECT 708
TO THE RECREATIONAL COVENANT, YOU WILL BE OBLIGATED TO 709
PAY AMENITY DUES TO A PRIVATE THIRD -PARTY COMMERCIAL 710
RECREATIONAL FACILITY OR AMENITY OWNER. 711
712
PURCHASER ACKNOWLEDGES ALL OF THE FOLLOWING: 713
714
(1) THE RECREATIONAL FACILITY OR AMENITY GOVERNED BY 715
THE RECREATIONAL COVENANT IS NOT A COMMON AREA OF THE 716
HOMEOWNERS' ASSOCIATION AND IS NOT OWNED OR CONTROLLED 717
BY THE HOMEOWNERS' ASSOCIATION. THE RECREATIONAL 718
COVENANT IS NOT A GOVERNING DOCUMENT OF THE 719
ASSOCIATION. 720
721
(2) CHARGES FOR AMENITY DUES WILL BE GOVERNED BY THE 722
RECREATIONAL COVENANT. THE RECREATIONAL COVENANT 723
CONTAINS IMPORTANT PROVISIONS AND RIGHTS AND IS 724
AVAILABLE IN THE PUBLIC RECORDS OF THE COUNTY. 725
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726
(3) THE PARTY THAT CONTROLS THE MAINTENANCE AND 727
OPERATION OF THE RECREATIONAL FACILITY OR AMENITY 728
DETERMINES THE BUDGET FOR THE OPERATION AND 729
MAINTENANCE OF SUCH RECREATIONAL FACILITY OR AMENITY. 730
HOWEVER, THE PARCEL OWNERS SUBJECT TO THE RECREATIONAL 731
COVENANT ARE STILL RESPONSIBLE FOR AMENITY DUES. 732
733
(4) AMENITY DUES MAY BE SUBJECT TO PERIODIC CHANGE. 734
AMENITY DUES ARE IN ADDITION TO, AND SEPARATE AND 735
DISTINCT FROM, ASSESSMENTS LEVIED BY THE HOMEOWNERS' 736
ASSOCIATION. 737
738
(5) FAILURE TO PAY AMENITY DUES OR OTHER CHARGES 739
IMPOSED BY A PRIVATE THIRD -PARTY COMMERCIAL 740
RECREATIONAL FACILITY OR AMENITY OWNER MAY RESULT IN A 741
LIEN ON YOUR PROPERTY. 742
743
(6) THIRD PARTIES WHO ARE NOT MEMBERS OF THE 744
HOMEOWNERS' ASSOCIATION MAY HAVE THE RIGHT TO ACCESS 745
AND USE THE RECREATIONAL FACILITY OR AMENITY, AS 746
DETERMINED BY THE ENTITY THAT CONTROLS SUCH FACILITY 747
OR AMENITY. 748
749
(7) MANDATORY MEMBERSHIP REQUIREMENTS OR OTHER 750
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OBLIGATIONS TO PAY AM ENITY DUES CAN BE FOUND IN THE 751
RECREATIONAL COVENANT. 752
753
(8) THE PRIVATE THIRD -PARTY COMMERCIAL RECREATIONAL 754
FACILITY OR AMENITY OWNER MAY HAVE THE RIGHT TO AMEND 755
THE RECREATIONAL COVENANT WITHOUT THE APPROVAL OF 756
MEMBERS OR PARCEL OWNERS, SUBJECT TO THE TER MS OF THE 757
RECREATIONAL COVENANT AND SECTION 720.319, FLORIDA 758
STATUTES. 759
760
(9) THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM 761
ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE 762
PURCHASER, YOU SHOULD REFER TO THE RECREATIONAL 763
COVENANT BEFORE PURCHASE. THE RE CREATIONAL COVENANT IS 764
A MATTER OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE 765
RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS 766
LOCATED. 767
768
(9) This section may not be construed to impair the 769
validity or effectiveness of a recreational covenant recorded 770
before October 1, 2025, except as provided in subsection (5). 771
(10) The disclosure summary required by this section must 772
be supplied by the developer or, if the sale is by a parcel 773
owner that is not the developer, by the parcel owner. After 774
October 1, 2025, any contract or agreement for sale of a parcel 775
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which is governed by a homeowners' association and is also 776
subject to a recreational covenant must refer to and incorporate 777
the disclosure summary and must include, in prominent language, 778
a statement that the prospective purchaser should not execute 779
the contract or agreement until the purchaser has received and 780
read the disclosure summary required by this section. 781
(11) After October 1, 2025, if the disclosure summary is 782
not provided to a prospective purchaser as required by this 783
section, the purchaser may void the con tract by delivering to 784
the seller or the seller's agent or representative written 785
notice canceling the contract within 3 days after receipt of the 786
disclosure summary or before closing, whichever occurs later. 787
This right may not be waived by the purchaser b ut terminates at 788
closing. 789
(12) This section does not apply to a corporation not for 790
profit pursuant to chapter 617 or a local governmental entity, 791
including, but not limited to, a special district created 792
pursuant to chapter 189 or chapter 190. 793
Section 11. Paragraph (a) of subsection (1) of section 794
336.125, Florida Statutes, is amended to read: 795
336.125 Closing and abandonment of roads; optional 796
conveyance to homeowners' association; traffic control 797
jurisdiction.— 798
(1)(a) In addition to the authorit y provided in s. 336.12, 799
the governing body of the county may abandon the roads and 800
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rights-of-way dedicated in a recorded residential subdivision 801
plat and simultaneously convey the county's interest in such 802
roads, rights-of-way, and appurtenant drainage fa cilities to a 803
homeowners' association for the subdivision, if the following 804
conditions have been met: 805
1. The homeowners' association has requested the 806
abandonment and conveyance in writing for the purpose of 807
converting the subdivision to a gated neighbor hood with 808
restricted public access. 809
2. No fewer than four -fifths of the owners of record of 810
property located in the subdivision have consented in writing to 811
the abandonment and simultaneous conveyance to the homeowners' 812
association. 813
3. The homeowners' association is both a corporation not 814
for profit organized and in good standing under chapter 617, and 815
a "homeowners' association" as defined in s. 720.301 s. 816
720.301(9) with the power to levy and collect assessments for 817
routine and periodic major maintena nce and operation of street 818
lighting, drainage, sidewalks, and pavement in the subdivision. 819
4. The homeowners' association has entered into and 820
executed such agreements, covenants, warranties, and other 821
instruments; has provided, or has provided assuranc e of, such 822
funds, reserve funds, and funding sources; and has satisfied 823
such other requirements and conditions as may be established or 824
imposed by the county with respect to the ongoing operation, 825
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maintenance, and repair and the periodic reconstruction or 826
replacement of the roads, drainage, street lighting, and 827
sidewalks in the subdivision after the abandonment by the 828
county. 829
Section 12. Subsection (2) of section 558.002, Florida 830
Statutes, is amended to read: 831
558.002 Definitions. —As used in this chapt er, the term: 832
(2) "Association" has the same meaning as in s. 718.103, 833
s. 719.103(2), s. 720.301 s. 720.301(9), or s. 723.075. 834
Section 13. Section 617.0725, Florida Statutes, is amended 835
to read: 836
617.0725 Quorum.—An amendment to the articles of 837
incorporation or the bylaws which adds, changes, or deletes a 838
greater or lesser quorum or voting requirement must meet the 839
same quorum or voting requirement and be adopted by the same 840
vote and voting groups required to take action under the quorum 841
and voting requirements then in effect or proposed to be 842
adopted, whichever is greater. This section does not apply to 843
any corporation that is an association, as defined in s. 720.301 844
s. 720.301(9), or any corporation regulated under chapter 718 or 845
chapter 719. 846
Section 14. Paragraph (b) of subsection (1) of section 847
718.116, Florida Statutes, is amended to read: 848
718.116 Assessments; liability; lien and priority; 849
interest; collection. — 850
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(1) 851
(b)1. The liability of a first mortgagee or its successor 852
or assignees who acquire title to a unit by foreclosure or by 853
deed in lieu of foreclosure for the unpaid assessments that 854
became due before the mortgagee's acquisition of title is 855
limited to the lesser of: 856
a. The unit's unpaid common expenses and regular periodic 857
assessments which accrued or came due during the 12 months 858
immediately preceding the acquisition of title and for which 859
payment in full has not been received by the association; or 860
b. One percent of the original mortgage debt. The 861
provisions of this paragraph apply only if the first mortgagee 862
joined the association as a defendant in the foreclosure action. 863
Joinder of the association is not required if, on the date the 864
complaint is filed, the association was dissolved or did not 865
maintain an office or agent for service of process at a location 866
which was known to or reasonably discoverable by the mortgagee. 867
2. An association, or its successor or assignee, that 868
acquires title to a unit through the foreclosure of its lien for 869
assessments is not liable for any unpa id assessments, late fees, 870
interest, or reasonable attorney's fees and costs that came due 871
before the association's acquisition of title in favor of any 872
other association, as defined in s. 718.103 or s. 720.301 s. 873
720.301(9), which holds a superior lien in terest on the unit. 874
This subparagraph is intended to clarify existing law. 875
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Section 15. Paragraph (d) of subsection (2) of section 876
720.3085, Florida Statutes, is amended to read: 877
720.3085 Payment for assessments; lien claims. — 878
(2) 879
(d) An association, or its successor or assignee, that 880
acquires title to a parcel through the foreclosure of its lien 881
for assessments is not liable for any unpaid assessments, late 882
fees, interest, or reasonable attorney's fees and costs that 883
came due before the association's acquisition of title in favor 884
of any other association, as defined in s. 718.103 or s. 720.301 885
s. 720.301(9), which holds a superior lien interest on the 886
parcel. This paragraph is intended to clarify existing law. 887
Section 16. This act shall take effect October 1, 2025. 888