FL
Florida House Bill H0983

Florida 2025 Regular Session

Florida House Bill H0983 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to homeowners' associations; amending 2
1616 s. 720.301, F.S.; revising definitions; defining the 3
1717 term "financial statements"; amending s. 720.302, 4
1818 F.S.; revising the purpose and scope of ch. 720, F.S.; 5
1919 providing legislative findings; requiring th e Office 6
2020 of the Condominium Ombudsman, upon petition, to 7
2121 appoint a specified employee or attorney to monitor 8
2222 the homeowners' association election of directors; 9
2323 requiring that all costs for such monitoring be borne 10
2424 by the association; requiring the Division of Florida 11
2525 Condominiums, Timeshares, and Mobile Homes to adopt 12
2626 rules and procedures; providing applicability; 13
2727 amending s. 720.303, F.S.; prohibiting the suspension 14
2828 of a parcel owner's or member's voting rights when 15
2929 voting on the recall of a board member; providing that 16
3030 any specified prior suspensions have no effect for any 17
3131 recall; requiring a recall agreement to be served on 18
3232 an association by registered mail, rather than by 19
3333 certified mail or by personal service; removing the 20
3434 requirement that a board perfor m certain actions to 21
3535 either certify or not certify the written ballots or 22
3636 written agreements to recall a director of a board; 23
3737 providing construction; requiring a board to duly 24
3838 notice and hold a meeting of the board within a 25
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4747 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
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5151 specified timeframe after receip t of a recall 26
5252 agreement; providing that board members are recalled 27
5353 effective immediately upon the conclusion of a board 28
5454 meeting, provided the recall is facially valid; 29
5555 specifying the timeframe in which a recalled board 30
5656 member must return to the board speci fied property 31
5757 belonging to the association; providing that the board 32
5858 may reject a parcel owner's recall agreement under 33
5959 certain circumstances; providing a rebuttable 34
6060 presumption that a parcel owner executing the recall 35
6161 agreement is the designated voter for the parcel; 36
6262 prohibiting an association from enforcing a voting 37
6363 certificate requirement under certain circumstances; 38
6464 removing the provision that board members may be 39
6565 recalled and removed by a vote taken at a meeting; 40
6666 removing the provision that a special m eeting may be 41
6767 convened to recall a director or directors of the 42
6868 board if called by a specified percentage of the 43
6969 voting interests; removing the prohibition against 44
7070 electronic transmission being used as a method of 45
7171 giving notice of such a meeting; removing the 46
7272 requirement that a board file an action with a court 47
7373 or file with the Department of Business and 48
7474 Professional Regulation a petition for binding 49
7575 arbitration within a specified timeframe if the board 50
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8484 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
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8888 does not certify the written agreement or written 51
8989 ballots to recall a director; removing the provision 52
9090 that board members who voted at a meeting or who 53
9191 executed an agreement in writing constitute one party 54
9292 under the petition for arbitration or court action; 55
9393 removing the provision that a recall is effective up on 56
9494 the final order of the court or the mailing of the 57
9595 final order of arbitration to the association; 58
9696 requiring that recalled board members turn over 59
9797 specified property of the association to the board 60
9898 within a specified timeframe; revising the timeframe 61
9999 in which such petition or action must be filed; 62
100100 requiring that the association be named as the 63
101101 respondent in such petition or action; providing that 64
102102 a petition or action filed by a board member who has 65
103103 been recalled may challenge the facial validity of the 66
104104 recall agreement or the substantial compliance with 67
105105 the procedural requirements for a recall; requiring 68
106106 that a board member be reinstated and a recall be 69
107107 deemed null and void if an arbitrator or a court 70
108108 determines that a recall was invalid; providing that a 71
109109 prevailing party is entitled to recover reasonable 72
110110 attorney fees and costs if certain findings are made; 73
111111 amending s. 720.306, F.S.; removing the requirement 74
112112 that secret ballots cast by members who are not in 75
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121121 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
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125125 attendance at a meeting be mailed or delivered t o the 76
126126 association in a specified manner; removing the 77
127127 requirement that a valid ballot be cast once confirmed 78
128128 valid; removing the requirement that a ballot for a 79
129129 lot that has more than one ballot submitted be 80
130130 disqualified; removing the provision that any ba llot 81
131131 received after the closing of the balloting may not be 82
132132 considered; removing the provision that a member may 83
133133 nominate himself or herself as a candidate for the 84
134134 board at a meeting where the election is held, 85
135135 provided certain conditions are met; requirin g that 86
136136 board members be elected by written ballot or voting 87
137137 machine; prohibiting the use of proxies in electing 88
138138 the board in general elections or in elections to fill 89
139139 vacancies; requiring the association to mail, deliver, 90
140140 or electronically transmit, by sep arate association 91
141141 mailing or included in another association mailing, 92
142142 delivery, or electronic transmission, to each member 93
143143 entitled to vote a first notice of the date of the 94
144144 election a specified timeframe before the election; 95
145145 requiring a member intending t o be a candidate for the 96
146-board to give written notice of his or her intent 97
147-within a specified timeframe before the election; 98
148-prohibiting the use of nominating committees by 99
149-associations; authorizing associations to use search 100
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146+board to give written notice of his or her intent a 97
147+specified timeframe before the election; requiring the 98
148+association to send a second notice of the election, 99
149+with the written notice of the annual meeting and 100
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158158 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
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162-committees for a specified pur pose; providing that 101
163-search committees do not have the authority to 102
164-nominate candidates for the board; requiring the 103
165-association to send a second notice of the election, 104
166-with the written notice of the annual meeting and 105
167-agenda, to all members entitled to v ote, together with 106
168-a ballot that lists all candidates; requiring that an 107
169-information sheet be sent in the second notice at the 108
170-request of a candidate; providing requirements for 109
171-such information sheet; requiring that the candidate 110
172-furnish the information s heet to the association 111
173-within a specified timeframe; requiring the 112
174-association to bear the costs of mailing, delivering, 113
175-or electronically transmitting the information sheet; 114
176-providing that the association is not liable for the 115
177-content of the information sheet; authorizing the 116
178-association to print the information sheet on both 117
179-sides of the paper; requiring that elections be 118
180-decided by a plurality of ballots cast; providing that 119
181-there are no quorum requirements; providing an 120
182-exception; prohibiting a member from authorizing any 121
183-other person to cast his or her ballot; providing that 122
184-any improperly cast ballots are invalid; providing 123
185-penalties; authorizing a member who requires 124
186-assistance to cast a ballot to seek such assistance; 125
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162+agenda, to all member s entitled to vote, together with 101
163+a ballot that lists all candidates; requiring that an 102
164+information sheet be sent in the second notice at the 103
165+request of a candidate; providing requirements for 104
166+such information sheet; requiring that the candidate 105
167+furnish the information sheet to the association 106
168+within a specified timeframe; requiring the 107
169+association to bear the costs of mailing, delivering, 108
170+or electronically transmitting the information sheet; 109
171+providing that the association is not liable for the 110
172+content of the information sheet; authorizing the 111
173+association to print the information sheet on both 112
174+sides of the paper; requiring that elections be 113
175+decided by a plurality of ballots cast; providing that 114
176+there are no quorum requirements; providing an 115
177+exception; prohibiting a member from authorizing any 116
178+other person to cast his or her ballot; providing that 117
179+any improperly cast ballots are invalid; providing 118
180+penalties; authorizing a member who requires 119
181+assistance to cast a ballot to seek such assistance; 120
182+requiring the election to occur on the date of the 121
183+annual meeting; providing that an election is not 122
184+required unless more candidates file notices of intent 123
185+to run or are nominated than there are vacancies on 124
186+the board; providing that such candidates become board 125
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195195 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
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199-requiring the election to occur on the date of the 126
200-annual meeting; providing that an election is not 127
201-required unless more candidates file notices of intent 128
202-to run or are nominated than there are vacancies on 129
203-the board; providing that such candidates become board 130
204-members upon the adjourn ment of the annual meeting 131
205-under certain circumstances; providing applicability; 132
206-requiring that a candidate for board membership be 133
207-eligible at the time of the mailing, delivery, or 134
208-electronic transmission of the candidate's notice of 135
209-intent to be a candid ate; prohibiting co-owners of a 136
210-parcel from serving together; providing exceptions; 137
211-removing the prohibition against write -in nominations 138
212-being permitted under certain circumstances and that 139
213-qualified candidates seeking nomination must commence 140
214-their service on the board of directors, regardless of 141
215-whether a quorum is attained at the annual meeting; 142
216-removing the requirement that boards of directors be 143
217-elected by a plurality of votes unless otherwise 144
218-provided by the governing documents; removing the 145
219-provision that any challenge to the election process 146
220-be commenced within a specified timeframe after the 147
221-election results are announced; providing that a 148
222-person who is delinquent in the payment of any 149
223-assessments is not eligible to be a candidate; 150
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199+members upon the adjournment of the annual meeting 126
200+under certain circumstances; providing applicability; 127
201+requiring that a candidate for board membership be 128
202+eligible at the time of the mailing, delivery, or 129
203+electronic transmission of the candidate's notice of 130
204+intent to be a candidate; prohibiting co -owners of a 131
205+parcel from serving together; providing exceptions; 132
206+removing the prohibition against write -in nominations 133
207+being permitted under certain circumstances and that 134
208+qualified candidates seeking nomination must comme nce 135
209+their service on the board of directors, regardless of 136
210+whether a quorum is attained at the annual meeting; 137
211+removing the requirement that boards of directors be 138
212+elected by a plurality of votes unless otherwise 139
213+provided by the governing documents; removi ng the 140
214+provision that any challenge to the election process 141
215+be commenced within a specified timeframe after the 142
216+election results are announced; providing that a 143
217+person who is delinquent in the payment of any 144
218+assessments is not eligible to be a candidate; 145
219+providing that a director or an officer is delinquent 146
220+if payment is not made by a specified due date 147
221+identified in the declaration, bylaws, or articles of 148
222+incorporation; providing that a payment is delinquent 149
223+on the first day of the assessment period if no 150
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232232 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
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236-providing that a director or an officer is delinquent 151
237-if payment is not made by a specified due date 152
238-identified in the declaration, bylaws, or articles of 153
239-incorporation; providing that a payment is delinquent 154
240-on the first day of the assessment period if no 155
241-specified due date is in the declaration, bylaws, or 156
242-articles of incorporation; removing the definition of 157
243-the term "any fee, fine, or other monetary 158
244-obligation"; providing that the terms of all board 159
245-members expire at the annual meeting and that such 160
246-board members may stand for reelection unless 161
247-prohibited by the association's declaration, bylaws, 162
248-or articles of incorporation, if certain conditions 163
249-are met; amending s. 720.3086, F.S.; providing 164
250-requirements for financial reporting by a private 165
251-amenities owner; providing applicability; amending s. 166
252-720.311, F.S.; providing that a certain action filed 167
253-be tried without a jury; providing that the parties 168
254-are entitled to an immediate hearing; authorizing the 169
255-court to limit the time for taking testimony; 170
256-authorizing the party fi ling an action to request a 171
257-temporary injunction for a certain purpose; 172
258-authorizing a party to remove an action for 173
259-arbitration and seek a trial de novo in circuit court; 174
260-removing the requirement that the Department of 175
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236+specified due date is in the declaration, bylaws, or 151
237+articles of incorporation; removing the definition of 152
238+the term "any fee, fine, or other monetary 153
239+obligation"; providing that the terms of all board 154
240+members expire at the annual meeting and that such 155
241+board members may stand for reelection unless 156
242+prohibited by the association's declaration, bylaws, 157
243+or articles of incorporation, if certain conditions 158
244+are met; amending s. 720.3086, F.S.; providing 159
245+requirements for financial reporting by a private 160
246+amenities owner; providing applicability; amending s. 161
247+720.311, F.S.; providing that a certain action filed 162
248+be tried without a jury; providing that the parties 163
249+are entitled to an immediate hearing; authorizing the 164
250+court to limit the time for taking testimony; 165
251+authorizing the party filing an action to request a 166
252+temporary injunction for a certain purpose; 167
253+authorizing a party to remove an action for 168
254+arbitration and seek a trial de novo in circuit court; 169
255+removing the requirement that the Department of 170
256+Business and Professio nal Regulation adopt rules; 171
257+requiring that an association be ordered, by judgment 172
258+or decree, to pay a prevailing parcel owner's 173
259+reasonable attorney fees and costs; providing that 174
260+compensation or fees of an attorney may be included in 175
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269269 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
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273-Business and Professional Regulation adopt rules; 176
274-requiring that an association be ordered, by judgment 177
275-or decree, to pay a prevailing parcel owner's 178
276-reasonable attorney fees and costs; providing that 179
277-compensation or fees of an attorney may be included in 180
278-the judgment or decree rendered in su ch action or in a 181
279-separate judgment or decree; prohibiting any other 182
280-recovery of attorney fees or costs, with an exception; 183
281-amending s. 720.401, F.S.; requiring prospective 184
282-purchasers of a parcel subject to association 185
283-membership to be provided with certai n documents, in 186
284-addition to the disclosure summary, before executing a 187
285-contract; authorizing prospective purchasers to cancel 188
286-their contract within a specified timeframe under 189
287-certain circumstances; specifying that the 3 -day 190
288-cancellation period does not in clude Saturdays, 191
289-Sundays, and legal holidays; reenacting ss. 192
290-720.3033(4)(b) and 720.405(6), F.S., relating to 193
291-officers and directors and organizing committee parcel 194
292-and parcel owner approval, respectively, to 195
293-incorporate the amendment made to s. 720.306, F .S., in 196
294-references thereto; creating part IV of ch. 720, F.S., 197
295-entitled "Recreational Covenants"; creating s. 198
296-720.408, F.S.; providing definitions; creating s. 199
297-720.409, F.S.; providing legislative findings; 200
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273+the judgment or decree rendered in such action or in a 176
274+separate judgment or decree; prohibiting any other 177
275+recovery of attorney fees or costs, with an exception; 178
276+amending s. 720.401, F.S.; requiring prospective 179
277+purchasers of a parcel subject to association 180
278+membership to be provi ded with certain documents, in 181
279+addition to the disclosure summary, before executing a 182
280+contract; authorizing prospective purchasers to cancel 183
281+their contract within a specified timeframe under 184
282+certain circumstances; specifying that the 3 -day 185
283+cancellation period does not include Saturdays, 186
284+Sundays, and legal holidays; reenacting ss. 187
285+720.3033(4)(b) and 720.405(6), F.S., relating to 188
286+officers and directors and organizing committee parcel 189
287+and parcel owner approval, respectively, to 190
288+incorporate the amendment made t o s. 720.306, F.S., in 191
289+references thereto; creating part IV of ch. 720, F.S., 192
290+entitled "Recreational Covenants"; creating s. 193
291+720.408, F.S.; providing definitions; creating s. 194
292+720.409, F.S.; providing legislative findings; 195
293+providing the scope and applicabil ity of the part; 196
294+creating s. 720.412, F.S.; providing requirements for 197
295+recreational covenants recorded on or after a 198
296+specified date; providing requirements for 199
297+recreational covenants recorded before a specified 200
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306306 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
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310-providing the scope and applicability of the part ; 201
311-creating s. 720.412, F.S.; providing requirements for 202
312-recreational covenants recorded on or after a 203
313-specified date; providing requirements for 204
314-recreational covenants recorded before a specified 205
315-date; providing the maximum annual increase of amenity 206
316-expenses for certain recreational covenants; 207
317-authorizing a private amenities owner to increase 208
318-amenity expenses under certain conditions; providing 209
319-that a homeowners' association is not responsible for 210
320-collecting or remitting amenity dues; prohibiting 211
321-certain expenses and costs from being included as 212
322-amenity expenses; providing that a parcel owner or the 213
323-tenant of a parcel owner retains certain rights even 214
324-if a recreational covenant is terminated or the 215
325-private amenities owner suspends the use of the 216
326-privately-owned recreational amenities; specifying 217
327-that a recreational covenant is not a governing 218
328-document of a homeowners' association; providing 219
329-legislative intent; providing construction; creating 220
330-s. 720.413, F.S.; requiring each contract entered into 221
331-on or after a date certain for the sale of a 222
332-residential parcel governed by a homeowners' 223
333-association to include a specified disclosure summary; 224
334-requiring a developer or parcel owner selling the 225
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310+date; providing the maximum annual increase o f amenity 201
311+expenses for certain recreational covenants; 202
312+authorizing a private amenities owner to increase 203
313+amenity expenses under certain conditions; providing 204
314+that a homeowners' association is not responsible for 205
315+collecting or remitting amenity dues; prohib iting 206
316+certain expenses and costs from being included as 207
317+amenity expenses; providing that a parcel owner or the 208
318+tenant of a parcel owner retains certain rights even 209
319+if a recreational covenant is terminated or the 210
320+private amenities owner suspends the use of the 211
321+privately-owned recreational amenities; specifying 212
322+that a recreational covenant is not a governing 213
323+document of a homeowners' association; providing 214
324+legislative intent; providing construction; creating 215
325+s. 720.413, F.S.; requiring each contract entered i nto 216
326+on or after a date certain for the sale of a 217
327+residential parcel governed by a homeowners' 218
328+association to include a specified disclosure summary; 219
329+requiring a developer or parcel owner selling the 220
330+parcel to provide such disclosure summary to a 221
331+prospective purchaser; providing that a contract or 222
332+agreement for sale of a parcel is voidable under 223
333+certain circumstances; providing the method in which 224
334+such contract or agreement is voidable; amending ss. 225
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343343 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
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347-parcel to provide such disclosure summary to a 226
348-prospective purchaser; pr oviding that a contract or 227
349-agreement for sale of a parcel is voidable under 228
350-certain circumstances; providing the method in which 229
351-such contract or agreement is voidable; amending ss. 230
352-336.125, 558.002, 617.0725, 718.116, and 720.3085, 231
353-F.S.; conforming cross -references; providing an 232
354-effective date. 233
355- 234
356-Be It Enacted by the Legislature of the State of Florida: 235
357- 236
358- Section 1. Subsections (8) through (13) of section 237
359-720.301, Florida Statutes, are renumbered as subsections (9) 238
360-through (14), respectively, subse ction (1) and present 239
361-subsections (8) and (10) of that section are amended, and a new 240
362-subsection (8) is added to that section, to read: 241
363- 720.301 Definitions. —As used in this chapter, the term: 242
364- (1) "Assessment" or "amenity fee" means a sum or sums of 243
365-money payable to the association , to the developer or other 244
366-owner of common areas, or to recreational facilities and other 245
367-properties serving the parcels by the owners of one or more 246
368-parcels as authorized in the governing documents, which if not 247
369-paid by the owner of a parcel, can result in a lien against the 248
370-parcel by the association. 249
371- (8) "Financial statements" means a comprehensive report 250
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347+336.125, 558.002, 617.0725, 718.116, and 720.3085, 226
348+F.S.; conforming cross-references; providing an 227
349+effective date. 228
350+ 229
351+Be It Enacted by the Legislature of the State of Florida: 230
352+ 231
353+ Section 1. Subsections (8) through (13) of section 232
354+720.301, Florida Statutes, are renumbered as subsections (9) 233
355+through (14), respectively, subsection (1) and present 234
356+subsections (8) and (10) of that section are amended, and a new 235
357+subsection (8) is added to that section, to read: 236
358+ 720.301 Definitions. —As used in this chapter, the term: 237
359+ (1) "Assessment" or "amenity fee" means a sum or sums of 238
360+money payable to the association , to the developer or other 239
361+owner of common areas, or to recreational facilities and other 240
362+properties serving the parcels by the owners of one or more 241
363+parcels as authorized in the governing documents, which if no t 242
364+paid by the owner of a parcel, can result in a lien against the 243
365+parcel by the association. 244
366+ (8) "Financial statements" means a comprehensive report 245
367+prepared in accordance with generally accepted accounting 246
368+principles which accurately reflects the financ ial condition and 247
369+operations of the homeowners' association for a specified 248
370+reporting period. At a minimum, this report must include a 249
371+balance sheet, an income and expense statement, a budget 250
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384-prepared in accordance with generally accepted accounting 251
385-principles which accurately reflects the financial condition a nd 252
386-operations of the homeowners' association for a specified 253
387-reporting period. At a minimum, this report must include a 254
388-balance sheet, an income and expense statement, a budget 255
389-comparison, and a complete set of bank statements for all 256
390-association accounts, including copies of check images for all 257
391-disbursements made during the reporting period. 258
392- (9)(a)(8) "Governing documents" means both of the 259
393-following: 260
394- 1.(a) Subject to paragraph (b), the recorded declaration 261
395-of covenants for a community and all duly ad opted and recorded 262
396-amendments, supplements, and recorded exhibits thereto .; and 263
397- 2.(b) The articles of incorporation and bylaws of the 264
398-homeowners' association and any duly adopted amendments thereto. 265
399- (b) Consistent with s. 720.302(3)(b), recreational 266
400-covenants relating to privately -owned recreational amenities as 267
401-set forth in part IV of this chapter may not be considered 268
402-governing documents of an association, even if such recreational 269
403-covenants are attached as exhibits to a declaration of covenants 270
404-for a community. This paragraph is remedial in nature and 271
405-intended to clarify existing law. 272
406- (11)(10) "Member" means a member of an association, and 273
407-may include, but is not limited to, a parcel owner or an 274
408-association representing parcel owners or a combinatio n thereof, 275
409-
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384+comparison, and a complete set of bank statements for all 251
385+association accounts, including copies of check images for all 252
386+disbursements made during the reporting period. 253
387+ (9)(a)(8) "Governing documents" means both of the 254
388+following: 255
389+ 1.(a) Subject to paragraph (b), the recorded declaration 256
390+of covenants for a community and all duly adopted and recorded 257
391+amendments, supplements, and recorded exhibits thereto .; and 258
392+ 2.(b) The articles of incorporation and bylaws of the 259
393+homeowners' association and any duly adopted amendments thereto. 260
394+ (b) Consistent with s. 720.302(3)(b), recreational 261
395+covenants relating to privately -owned recreational amenities as 262
396+set forth in part IV of this chapter may not be considered 263
397+governing documents of an association, even if such recreational 264
398+covenants are attached as exhibits to a declaration of covenants 265
399+for a community. This paragraph is remedial in nature and 266
400+intended to clarify existing law. 267
401+ (11)(10) "Member" means a member of an association, and 268
402+may include, but is not limited to, a parcel owner or an 269
403+association representing parcel owners or a combination thereof, 270
404+and includes any person or entity obligated by the governing 271
405+documents to pay an assessment to the association or amenity 272
406+fee. 273
407+ Section 2. Subsections (1) and (2) and paragraph (b) of 274
408+subsection (3) of section 720.302, Florida Statutes, are amended 275
409+
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417417 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
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421-and includes any person or entity obligated by the governing 276
422-documents to pay an assessment to the association or amenity 277
423-fee. 278
424- Section 2. Subsections (1) and (2) and paragraph (b) of 279
425-subsection (3) of section 720.302, Florida Statutes, are a mended 280
426-to read: 281
427- 720.302 Purposes, scope, and application. — 282
428- (1) This chapter defines the property rights of 283
429-individually owned and shared real property in a manner that is 284
430-intended to protect and preserve the private property rights of 285
431-the individual owners and the public policy of preserving 286
432-environmental protections and public safety. This chapter 287
433-creates standards for the preservation of property, including, 288
434-but not limited to, the preservation of the taxable value of the 289
435-property. This chapter is int ended to create transparency of 290
436-management of the property and the transferability of ownership 291
437-interests in the property The purposes of this chapter are to 292
438-give statutory recognition to corporations not for profit that 293
439-operate residential communities in this state, to provide 294
440-procedures for operating homeowners' associations, and to 295
441-protect the rights of association members without unduly 296
442-impairing the ability of such associations to perform their 297
443-functions. 298
444- (2)(a) The Legislature recognizes that it is not in the 299
445-best interest of homeowners' associations or the individual 300
446-
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421+to read: 276
422+ 720.302 Purposes, scope, and application. — 277
423+ (1) This chapter defines the property rights of 278
424+individually owned and shared real property in a manner that is 279
425+intended to protect and preserve the private property rights of 280
426+the individual owners and the public policy of preserving 281
427+environmental protections and public safety. This chapter 282
428+creates standards for the preservation of property, including, 283
429+but not limited to, the preservation of the taxable value of the 284
430+property. This chapter is intended to create transparency of 285
431+management of the property and the transferability of ownership 286
432+interests in the property The purposes of this chapter are to 287
433+give statutory recognition to corporations not for profit that 288
434+operate residential communities in this state, to provide 289
435+procedures for operating homeowners' associations, and to 290
436+protect the rights of association members without unduly 291
437+impairing the ability of such associations to perform their 292
438+functions. 293
439+ (2)(a) The Legislature recog nizes that it is not in the 294
440+best interest of homeowners' associations or the individual 295
441+association members thereof to create or impose a bureau or 296
442+other agency of state government to regulate the affairs of 297
443+homeowners' associations. However, in accordance with s. 298
444+720.311, the Legislature finds that homeowners' associations and 299
445+their individual members will benefit from an expedited 300
446+
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454454 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
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458-association members thereof to create or impose a bureau or 301
459-other agency of state government to regulate the affairs of 302
460-homeowners' associations. However, in accordance with s. 303
461-720.311, the Legislature finds that homeowners' associations and 304
462-their individual members will benefit from an expedited 305
463-alternative process for resolution of election and recall 306
464-disputes and presuit mediation of other dispu tes involving 307
465-covenant enforcement and authorizes the department to hear, 308
466-administer, and determine these disputes as more fully set forth 309
467-in this chapter. Further, the Legislature recognizes that 310
468-certain contract rights have been created for the benefit o f 311
469-homeowners' associations and members thereof before the 312
470-effective date of this act and that ss. 720.301 -720.407 are not 313
471-intended to impair such contract rights, including, but not 314
472-limited to, the rights of the developer to complete the 315
473-community as initially contemplated. 316
474- (b)1. Further, the Legislature finds that homeowners' 317
475-associations and their individual members will benefit from 318
476-oversight of the election of directors, and the Legislature 319
477-authorizes the Office of the Condominium Ombudsman to appoint an 320
478-election monitor to attend the annual meeting of the members and 321
479-to conduct the election of directors. 322
480- 2. Upon receipt of a petition of 10 percent of the total 323
481-voting interests in the homeowners' association or eight 324
482-members, whichever is greater, th e ombudsman shall appoint a 325
483-
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458+alternative process for resolution of election and recall 301
459+disputes and presuit mediation of other disputes involving 302
460+covenant enforcement and authorizes the department to hear, 303
461+administer, and determine these disputes as more fully set forth 304
462+in this chapter. Further, the Legislature recognizes that 305
463+certain contract rights have been created for the benefit of 306
464+homeowners' associati ons and members thereof before the 307
465+effective date of this act and that ss. 720.301 -720.407 are not 308
466+intended to impair such contract rights, including, but not 309
467+limited to, the rights of the developer to complete the 310
468+community as initially contemplated. 311
469+ (b)1. Further, the Legislature finds that homeowners' 312
470+associations and their individual members will benefit from 313
471+oversight of the election of directors, and the Legislature 314
472+authorizes the Office of the Condominium Ombudsman to appoint an 315
473+election monitor to attend the annual meeting of the members and 316
474+to conduct the election of directors. 317
475+ 2. Upon receipt of a petition of 10 percent of the total 318
476+voting interests in the homeowners' association or eight 319
477+members, whichever is greater, the ombudsman shall appoi nt a 320
478+division employee, a person specializing in election monitoring, 321
479+or an attorney licensed to practice in this state as the 322
480+election monitor. All costs associated with the election 323
481+monitoring process must be borne by the association. The 324
482+division shall adopt rules establishing procedures for the 325
483+
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491491 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
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495-division employee, a person specializing in election monitoring, 326
496-or an attorney licensed to practice in this state as the 327
497-election monitor. All costs associated with the election 328
498-monitoring process must be borne by the associati on. The 329
499-division shall adopt rules establishing procedures for the 330
500-appointment of such monitors, including the scope and extent of 331
501-the monitors' role in the election process. This subparagraph 332
502-does not apply to any election conducted in accordance with the 333
503-bylaws of the association. 334
504- (3) This chapter does not apply to: 335
505- (b) The commercial or industrial parcels or privately-336
506-owned recreational amenities in a community that contains both 337
507-residential parcels and parcels intended for commercial or 338
508-industrial use. However, privately-owned recreational amenities 339
509-are subject to and governed by s. 720.3086(2) and part IV of 340
510-this chapter. 341
511- Section 3. Paragraphs (e) through (l) of subsection (10) 342
512-of section 720.303, Florida Statutes, are redesignated as 343
513-paragraphs (d) through (k), respectively, present paragraphs (a) 344
514-through (d), (f), (g), (j), (k), and (l) of subsection (10) are 345
515-amended, and paragraph (b) of subsection (4) of that section is 346
516-republished to read: 347
517- 720.303 Association powers and duties; meetings of board; 348
518-official records; budgets; financial reporting; association 349
519-funds; recalls.— 350
520-
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495+appointment of such monitors, including the scope and extent of 326
496+the monitors' role in the election process. This subparagraph 327
497+does not apply to any election conducted in accordance with the 328
498+bylaws of the associat ion. 329
499+ (3) This chapter does not apply to: 330
500+ (b) The commercial or industrial parcels or privately-331
501+owned recreational amenities in a community that contains both 332
502+residential parcels and parcels intended for commercial or 333
503+industrial use. However, privately-owned recreational amenities 334
504+are subject to and governed by s. 720.3086(2) and part IV of 335
505+this chapter. 336
506+ Section 3. Paragraphs (e) through (l) of subsection (10) 337
507+of section 720.303, Florida Statutes, are redesignated as 338
508+paragraphs (d) through (k), respe ctively, present paragraphs (a) 339
509+through (d), (f), (g), (j), (k), and (l) of subsection (10) are 340
510+amended, and paragraph (b) of subsection (4) of that section is 341
511+republished to read: 342
512+ 720.303 Association powers and duties; meetings of board; 343
513+official records; budgets; financial reporting; association 344
514+funds; recalls.— 345
515+ (4) OFFICIAL RECORDS. — 346
516+ (b)1. By January 1, 2025, an association that has 100 or 347
517+more parcels shall post the following documents on its website 348
518+or make available such documents through an app lication that can 349
519+be downloaded on a mobile device: 350
520+
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528528 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
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532- (4) OFFICIAL RECORDS. — 351
533- (b)1. By January 1, 2025, an association that has 100 or 352
534-more parcels shall post the following documents on its website 353
535-or make available such d ocuments through an application that can 354
536-be downloaded on a mobile device: 355
537- a. The articles of incorporation of the association and 356
538-each amendment thereto. 357
539- b. The recorded bylaws of the association and each 358
540-amendment thereto. 359
541- c. The declaration of cov enants and a copy of each 360
542-amendment thereto. 361
543- d. The current rules of the association. 362
544- e. A list of all current executory contracts or documents 363
545-to which the association is a party or under which the 364
546-association or the parcel owners have an obligation o r 365
547-responsibility and, after bidding for the related materials, 366
548-equipment, or services has closed, a list of bids received by 367
549-the association within the past year. 368
550- f. The annual budget required by subsection (6) and any 369
551-proposed budget to be considered at the annual meeting. 370
552- g. The financial report required by subsection (7) and any 371
553-monthly income or expense statement to be considered at a 372
554-meeting. 373
555- h. The association's current insurance policies. 374
556- i. The certification of each director as required by s . 375
557-
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532+ a. The articles of incorporation of the association and 351
533+each amendment thereto. 352
534+ b. The recorded bylaws of the association and each 353
535+amendment thereto. 354
536+ c. The declaration of covenants and a copy of ea ch 355
537+amendment thereto. 356
538+ d. The current rules of the association. 357
539+ e. A list of all current executory contracts or documents 358
540+to which the association is a party or under which the 359
541+association or the parcel owners have an obligation or 360
542+responsibility and, a fter bidding for the related materials, 361
543+equipment, or services has closed, a list of bids received by 362
544+the association within the past year. 363
545+ f. The annual budget required by subsection (6) and any 364
546+proposed budget to be considered at the annual meeting. 365
547+ g. The financial report required by subsection (7) and any 366
548+monthly income or expense statement to be considered at a 367
549+meeting. 368
550+ h. The association's current insurance policies. 369
551+ i. The certification of each director as required by s. 370
552+720.3033(1)(a). 371
553+ j. All contracts or transactions between the association 372
554+and any director, officer, corporation, firm, or association 373
555+that is not an affiliated homeowners' association or any other 374
556+entity in which a director of an association is also a director 375
557+
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565565 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
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569-720.3033(1)(a). 376
570- j. All contracts or transactions between the association 377
571-and any director, officer, corporation, firm, or association 378
572-that is not an affiliated homeowners' association or any other 379
573-entity in which a director of an association is also a director 380
574-or an officer and has a financial interest. 381
575- k. Any contract or document regarding a conflict of 382
576-interest or possible conflict of interest as provided in ss. 383
577-468.436(2)(b)6. and 720.3033(2). 384
578- l. Notice of any scheduled meeting of members and the 385
579-agenda for the meeting, as required by s. 720.306, at least 14 386
580-days before such meeting. The notice must be posted in plain 387
581-view on the homepage of the website or application, or on a 388
582-separate subpage of the website or application labeled "Notices" 389
583-which is conspicuously visible and linked from the homepage. The 390
584-association shall also post on its website or application any 391
585-document to be considered and voted on by the members during the 392
586-meeting or any document listed on the meeting agenda at least 7 393
587-days before the meeting at which such document or information 394
588-within the document will be considered. 395
589- m. Notice of any board meeting, the agenda, and any other 396
590-document required for such meeting as required by subsection 397
591-(3), which must be posted on the websit e or application no later 398
592-than the date required for notice under subsection (3). 399
593- 2. The association's website or application must be 400
594-
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569+or an officer and has a financial interest. 376
570+ k. Any contract or document regarding a conflict of 377
571+interest or possible conflict of interest as provided in ss. 378
572+468.436(2)(b)6. and 720.3033(2). 379
573+ l. Notice of any scheduled meeting of members and the 380
574+agenda for the meeting , as required by s. 720.306, at least 14 381
575+days before such meeting. The notice must be posted in plain 382
576+view on the homepage of the website or application, or on a 383
577+separate subpage of the website or application labeled "Notices" 384
578+which is conspicuously visibl e and linked from the homepage. The 385
579+association shall also post on its website or application any 386
580+document to be considered and voted on by the members during the 387
581+meeting or any document listed on the meeting agenda at least 7 388
582+days before the meeting at wh ich such document or information 389
583+within the document will be considered. 390
584+ m. Notice of any board meeting, the agenda, and any other 391
585+document required for such meeting as required by subsection 392
586+(3), which must be posted on the website or application no lat er 393
587+than the date required for notice under subsection (3). 394
588+ 2. The association's website or application must be 395
589+accessible through the Internet and must contain a subpage, web 396
590+portal, or other protected electronic location that is 397
591+inaccessible to the gene ral public and accessible only to parcel 398
592+owners and employees of the association. 399
593+ 3. Upon written request by a parcel owner, the association 400
594+
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602602 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
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606-accessible through the Internet and must contain a subpage, web 401
607-portal, or other protected electronic location that is 402
608-inaccessible to the general public and accessible only to parcel 403
609-owners and employees of the association. 404
610- 3. Upon written request by a parcel owner, the association 405
611-must provide the parcel owner with a username and password and 406
612-access to the protected sec tions of the association's website or 407
613-application which contains the official documents of the 408
614-association. 409
615- 4. The association shall ensure that the information and 410
616-records described in paragraph (5)(g), which are not allowed to 411
617-be accessible to parcel o wners, are not posted on the 412
618-association's website or application. If protected information 413
619-or information restricted from being accessible to parcel owners 414
620-is included in documents that are required to be posted on the 415
621-association's website or application , the association must 416
622-ensure the information is redacted before posting the documents. 417
623-Notwithstanding the foregoing, the association or its authorized 418
624-agent is not liable for disclosing information that is protected 419
625-or restricted under paragraph (5)(g) u nless such disclosure was 420
626-made with a knowing or intentional disregard of the protected or 421
627-restricted nature of such information. 422
628- (10) RECALL OF DIRECTORS. — 423
629- (a)1. Regardless of any provision to the contrary 424
630-contained in the governing documents, subject to the provisions 425
631-
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606+must provide the parcel owner with a username and password and 401
607+access to the protected sections of the associatio n's website or 402
608+application which contains the official documents of the 403
609+association. 404
610+ 4. The association shall ensure that the information and 405
611+records described in paragraph (5)(g), which are not allowed to 406
612+be accessible to parcel owners, are not posted o n the 407
613+association's website or application. If protected information 408
614+or information restricted from being accessible to parcel owners 409
615+is included in documents that are required to be posted on the 410
616+association's website or application, the association must 411
617+ensure the information is redacted before posting the documents. 412
618+Notwithstanding the foregoing, the association or its authorized 413
619+agent is not liable for disclosing information that is protected 414
620+or restricted under paragraph (5)(g) unless such disclosure w as 415
621+made with a knowing or intentional disregard of the protected or 416
622+restricted nature of such information. 417
623+ (10) RECALL OF DIRECTORS. — 418
624+ (a)1. Regardless of any provision to the contrary 419
625+contained in the governing documents, subject to the provisions 420
626+of s. 720.307 regarding transition of association control, any 421
627+member of the board of directors may be recalled and removed 422
628+from office with or without cause by a majority of the total 423
629+voting interests. The voting rights of a parcel owner or member 424
630+may not be suspended when voting on the recall of a board 425
631+
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639639 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
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643-of s. 720.307 regarding transition of association control, any 426
644-member of the board of directors may be recalled and removed 427
645-from office with or without cause by a majority of the total 428
646-voting interests. The voting rights of a parcel owne r or member 429
647-may not be suspended when voting on the recall of a board 430
648-director, and any prior suspension of voting rights pursuant to 431
649-s. 720.305(4) shall have no effect on a recall vote. 432
650- 2. When the governing documents, including the 433
651-declaration, article s of incorporation, or bylaws, provide that 434
652-only a specific class of members is entitled to elect a board 435
653-director or directors, only that class of members may vote to 436
654-recall those board directors so elected. 437
655- (b)1. Board directors may be recalled by an a greement in 438
656-writing or by written ballot without a membership meeting. The 439
657-recall agreement in writing or the written ballots , or a copy 440
658-thereof, must shall be served on the association by registered 441
659-certified mail or by personal service in the manner authorized 442
660-by chapter 48 and the Florida Rules of Civil Procedure. 443
661- 2. The board shall duly notice and hold a meeting of the 444
662-board within 5 full business days after receipt of the agreement 445
663-in writing or written ballots. At the meeting, the board shall 446
664-either certify the written ballots or written agreement to 447
665-recall a director or directors of the board, in which case such 448
666-director or directors shall be recalled effective immediately 449
667-and shall turn over to the board within 5 full business days any 450
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643+director, and any prior suspension of voting rights pursuant to 426
644+s. 720.305(4) shall have no effect on a recall vote. 427
645+ 2. When the governing documents, including the 428
646+declaration, articles of incorporation, or bylaws, provide that 429
647+only a specific class of members is entitled to elect a board 430
648+director or directors, only that class of members may vote to 431
649+recall those board directors so elected. 432
650+ (b)1. Board directors may be recalled by an agreement in 433
651+writing or by written ballot without a membership meeting. The 434
652+recall agreement in writing or the written ballots , or a copy 435
653+thereof, must shall be served on the association by registered 436
654+certified mail or by personal service in the manner authorized 437
655+by chapter 48 and the Florida Rules of Civil Procedure. 438
656+ 2. The board shall duly notice and hold a meeting of the 439
657+board within 5 full business days after receipt of the agreement 440
658+in writing or written ballots. At the meeting, the board shall 441
659+either certify the written ballots or written agreement to 442
660+recall a director or directors of the board, in which case such 443
661+director or directors shall be recalled effective immediately 444
662+and shall turn over to the board within 5 full business da ys any 445
663+and all records and property of the association in their 446
664+possession, or proceed as described in paragraph (d). 447
665+ 2. If 3. When it is determined by the department pursuant 448
666+to binding arbitration proceedings or the court in an action 449
667+filed in a court of competent jurisdiction that an initial 450
668+
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676676 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
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680-and all records and property of the association in their 451
681-possession, or proceed as described in paragraph (d). 452
682- 2. If 3. When it is determined by the department pursuant 453
683-to binding arbitration proc eedings or the court in an action 454
684-filed in a court of competent jurisdiction that an initial 455
685-recall effort was defective, written recall agreements or 456
686-written ballots used in the first recall effort and not found to 457
687-be defective may be reused in one subseq uent recall effort. 458
688-However, in no event is a recall written agreement or written 459
689-ballot valid for more than 120 days after it has been signed by 460
690-the member. 461
691- 3.4. Any rescission or revocation of a member's written 462
692-recall ballot or agreement must be in wr iting and, in order to 463
693-be effective, must be delivered to the association before the 464
694-association is served with the written recall agreements or 465
695-ballots. This subparagraph must be liberally construed to ensure 466
696-a parcel owner is not disenfranchised by an as sociation in a 467
697-recall and to prevent an association from failing to certify a 468
698-recall agreement on a technical omission playing no part in the 469
699-discharge of a parcel owner's voting rights. 470
700- 4.5. The recall agreement in writing or ballot must shall 471
701-list at least as many possible replacement directors as there 472
702-are directors subject to the recall, when at least a majority of 473
703-the board is sought to be recalled; the person executing the 474
704-recall instrument may vote for as many replacement candidates as 475
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680+recall effort was defective, written recall agreements or 451
681+written ballots used in the first recall effort and not found to 452
682+be defective may be reused in one subsequent recall effort. 453
683+However, in no event is a recall written agreement or written 454
684+ballot valid for more than 120 days after it has been signed by 455
685+the member. 456
686+ 3.4. Any rescission or revocation of a member's written 457
687+recall ballot or agreement must be in writing and , in order to 458
688+be effective, must be delivered to the association before the 459
689+association is served with the written recall agreements or 460
690+ballots. This subparagraph must be liberally construed to ensure 461
691+a parcel owner is not disenfranchised by an association in a 462
692+recall and to prevent an associatio n from failing to certify a 463
693+recall agreement on a technical omission playing no part in the 464
694+discharge of a parcel owner's voting rights. 465
695+ 4.5. The recall agreement in writing or ballot must shall 466
696+list at least as many possible replacement directors as the re 467
697+are directors subject to the recall, when at least a majority of 468
698+the board is sought to be recalled; the person executing the 469
699+recall instrument may vote for as many replacement candidates as 470
700+there are directors subject to the recall. 471
701+ (c)1. The board shall duly notice and hold a meeting of 472
702+the board within 5 business days after receipt of the recall 473
703+agreement. The board member or members are recalled effective 474
704+immediately upon the conclusion of the board meeting, provided 475
705+
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713713 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
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717-there are directors subject to the recall. 476
718- (c)1. The board shall duly notice and hold a meeting of 477
719-the board within 5 business days after receipt of the recall 478
720-agreement. The board member or members are recalled effective 479
721-immediately upon the conclusion of the board meeting, provided 480
722-that the recall is facially valid. A recalled member must return 481
723-to the board all records and property of the association in his 482
724-or her possession within 10 business days after being recalled. 483
725- 2. A parcel owner's recall agreement is fa cially invalid 484
726-and may be rejected by the board if: 485
727- a. The parcel owner failed to properly serve notice of the 486
728-recall agreement; 487
729- b. The recall agreement was executed by a person who was 488
730-not a parcel's record owner or designated voter; 489
731- c. The recall agreement was marked before the removal of a 490
732-board member; 491
733- d. The recall agreement does not contain any marking 492
734-indicating the selection by the parcel owner to either remove or 493
735-retain a board member; or 494
736- e. The recall agreement does not contain the signa ture of 495
737-the parcel owner or designated voter. 496
738- 3. There is a rebuttable presumption that a parcel owner 497
739-executing the recall agreement is the designated voter for the 498
740-parcel. An association may not enforce a voting certificate 499
741-requirement if the associati on has not enforced such requirement 500
742-
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717+that the recall is facially val id. A recalled member must return 476
718+to the board all records and property of the association in his 477
719+or her possession within 10 business days after being recalled. 478
720+ 2. A parcel owner's recall agreement is facially invalid 479
721+and may be rejected by the board if : 480
722+ a. The parcel owner failed to properly serve notice of the 481
723+recall agreement; 482
724+ b. The recall agreement was executed by a person who was 483
725+not a parcel's record owner or designated voter; 484
726+ c. The recall agreement was marked before the removal of a 485
727+board member; 486
728+ d. The recall agreement does not contain any marking 487
729+indicating the selection by the parcel owner to either remove or 488
730+retain a board member; or 489
731+ e. The recall agreement does not contain the signature of 490
732+the parcel owner or designated voter. 491
733+ 3. There is a rebuttable presumption that a parcel owner 492
734+executing the recall agreement is the designated voter for the 493
735+parcel. An association may not enforce a voting certificate 494
736+requirement if the association has not enforced such requirement 495
737+in all matters in the year immediately preceding service of the 496
738+recall agreement If the declaration, articles of incorporation, 497
739+or bylaws specifically provide, the members may also recall and 498
740+remove a board director or directors by a vote taken at a 499
741+meeting. If so provided in the governing documents, a special 500
742+
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750750 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
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754-in all matters in the year immediately preceding service of the 501
755-recall agreement If the declaration, articles of incorporation, 502
756-or bylaws specifically provide, the members may also recall and 503
757-remove a board director or directors by a vote taken at a 504
758-meeting. If so provided in the governing documents, a special 505
759-meeting of the members to recall a director or directors of the 506
760-board of administration may be called by 10 percent of the 507
761-voting interests giving notice of the me eting as required for a 508
762-meeting of members, and the notice shall state the purpose of 509
763-the meeting. Electronic transmission may not be used as a method 510
764-of giving notice of a meeting called in whole or in part for 511
765-this purpose. 512
766- 2. The board shall duly noti ce and hold a board meeting 513
767-within 5 full business days after the adjournment of the member 514
768-meeting to recall one or more directors. At the meeting, the 515
769-board shall certify the recall, in which case such member or 516
770-members shall be recalled effective immedi ately and shall turn 517
771-over to the board within 5 full business days any and all 518
772-records and property of the association in their possession, or 519
773-shall proceed as set forth in paragraph (d). 520
774- (d) If the board determines not to certify the written 521
775-agreement or written ballots to recall a director or directors 522
776-of the board or does not certify the recall by a vote at a 523
777-meeting, the board shall, within 5 full business days after the 524
778-meeting, file an action with a court of competent jurisdiction 525
779-
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754+meeting of the members to recall a director or directors of the 501
755+board of administration may be called by 10 percent of the 502
756+voting interests giving notice of the meeting as required for a 503
757+meeting of members, and th e notice shall state the purpose of 504
758+the meeting. Electronic transmission may not be used as a method 505
759+of giving notice of a meeting called in whole or in part for 506
760+this purpose. 507
761+ 2. The board shall duly notice and hold a board meeting 508
762+within 5 full business days after the adjournment of the member 509
763+meeting to recall one or more directors. At the meeting, the 510
764+board shall certify the recall, in which case such member or 511
765+members shall be recalled effective immediately and shall turn 512
766+over to the board within 5 fu ll business days any and all 513
767+records and property of the association in their possession, or 514
768+shall proceed as set forth in paragraph (d). 515
769+ (d) If the board determines not to certify the written 516
770+agreement or written ballots to recall a director or director s 517
771+of the board or does not certify the recall by a vote at a 518
772+meeting, the board shall, within 5 full business days after the 519
773+meeting, file an action with a court of competent jurisdiction 520
774+or file with the department a petition for binding arbitration 521
775+under the applicable procedures in ss. 718.112(2)(l) and 522
776+718.1255 and the rules adopted thereunder. For the purposes of 523
777+this section, the members who voted at the meeting or who 524
778+executed the agreement in writing shall constitute one party 525
779+
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787787 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
788788
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790790
791-or file with the department a petition for binding arbitration 526
792-under the applicable procedures in ss. 718.112(2)(l) and 527
793-718.1255 and the rules adopted thereunder. For the purposes of 528
794-this section, the members who voted at the meeting or who 529
795-executed the agreement in writing shall constitute one party 530
796-under the petition for arbitration or in a court action. If the 531
797-arbitrator or court certifies the recall as to any director or 532
798-directors of the board, the recall will be effective upon the 533
799-final order of the court or the mailing of the final order of 534
800-arbitration to the association. The director or directors so 535
801-recalled shall deliver to the board any and all records of the 536
802-association in their possession within 5 full business days 537
803-after the effective date of the recall. 538
804- (d)(f) If the board fails to duly notice and hold a board 539
805-meeting within 5 full business days after service of a recall an 540
806-agreement in writing or within 5 full business days after the 541
807-adjournment of the member recall meeting , the recall is shall be 542
808-deemed effective and the board member or members directors so 543
809-recalled must shall immediately turn over to the board all 544
810-records and property of the association within 10 full business 545
811-days. 546
812- (e)(g) If the board fails to duly notice and hold the 547
813-required meeting or at the conclusion of the meeting the board 548
814-determines that the recall is facially invalid fails to file the 549
815-required petition or action , the parcel owner representative may 550
816-
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791+under the petition for arbitration or in a court action. If the 526
792+arbitrator or court certifies the recall as to any director or 527
793+directors of the board, the recall will be effective upon the 528
794+final order of the court or the mailing of the final order of 529
795+arbitration to the associat ion. The director or directors so 530
796+recalled shall deliver to the board any and all records of the 531
797+association in their possession within 5 full business days 532
798+after the effective date of the recall. 533
799+ (d)(f) If the board fails to duly notice and hold a board 534
800+meeting within 5 full business days after service of a recall an 535
801+agreement in writing or within 5 full business days after the 536
802+adjournment of the member recall meeting , the recall is shall be 537
803+deemed effective and the board member or members directors so 538
804+recalled must shall immediately turn over to the board all 539
805+records and property of the association within 10 full business 540
806+days. 541
807+ (e)(g) If the board fails to duly notice and hold the 542
808+required meeting or at the conclusion of the meeting the board 543
809+determines that the recall is facially invalid fails to file the 544
810+required petition or action , the parcel owner representative may 545
811+file a petition or a court action under s. 718.1255 or file an 546
812+action in a court of competent jurisdiction challenging the 547
813+board's failure to act or determination that the recall is 548
814+invalid. The petition or court action must be filed within 30 60 549
815+days after the expiration of the applicable 5 -full-business-day 550
816+
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824824 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
825825
826826
827827
828-file a petition or a court action under s. 718.1255 or file an 551
829-action in a court of c ompetent jurisdiction challenging the 552
830-board's failure to act or determination that the recall is 553
831-invalid. The petition or court action must be filed within 30 60 554
832-days after the expiration of the applicable 5 -full-business-day 555
833-period. The review of a petiti on or court action under this 556
834-paragraph is limited to the sufficiency of service on the board 557
835-and the facial validity of the recall written agreement or 558
836-ballots filed. The association must be named as the respondent. 559
837- (f)(j) When the recall of more than o ne board member 560
838-director is sought, the recall written agreement must, ballot, 561
839-or vote at a meeting shall provide for a separate vote for each 562
840-board member director sought to be recalled. 563
841- (g)(k) A board member who has been recalled may file an 564
842-action with a court of competent jurisdiction or a petition 565
843-under ss. 718.112(2)(l) and 718.1255 and the rules adopted 566
844-challenging the validity of the recall. The petition or court 567
845-action must be filed within 45 60 days after the recall is 568
846-deemed certified. The asso ciation and the parcel owner 569
847-representative must shall be named as respondents. The petition 570
848-or the court action may challenge the facial validity of the 571
849-recall agreement or the substantial compliance with the 572
850-procedural requirements for the recall. If the arbitrator or the 573
851-court determines that the recall was invalid, the arbitrator or 574
852-the court must immediately reinstate the petitioning board 575
853-
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828+period. The review of a petition or court action under this 551
829+paragraph is limited to the sufficiency of service on the board 552
830+and the facial validity of the recall written agreement or 553
831+ballots filed. The association must be named as the respondent. 554
832+ (f)(j) When the recall of more than one board member 555
833+director is sought, the recall written agreement must, ballot, 556
834+or vote at a meeting shall provide for a separate vote for each 557
835+board member director sought to be recalled. 558
836+ (g)(k) A board member who has been recalled may file an 559
837+action with a court of competent jurisdiction or a petition 560
838+under ss. 718.112(2)(l) and 718.1255 and the rules adopted 561
839+challenging the validity of the recall. The petition or court 562
840+action must be filed within 45 60 days after the recall is 563
841+deemed certified. The association and the parcel owner 564
842+representative must shall be named as respondents. The petition 565
843+or the court action may challenge the facial validity of the 566
844+recall agreement or the substantial compliance with the 567
845+procedural requirements for the recall. If the arbitrator or the 568
846+court determines that the recall was invalid, the arbitrator or 569
847+the court must immediately reinstate the petitioning board 570
848+member and deem the recall null and void. A board member who 571
849+prevails is entitled to recover reasonable attorney fees and 572
850+costs from the respondents. The a rbitrator or the court may 573
851+award reasonable attorney fees and costs to a respondent if they 574
852+prevail, provided the arbitrator or the court makes a finding 575
853+
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861861 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
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864864
865-member and deem the recall null and void. A board member who 576
866-prevails is entitled to recover reasonable attorney f ees and 577
867-costs from the respondents. The arbitrator or the court may 578
868-award reasonable attorney fees and costs to a respondent if they 579
869-prevail, provided the arbitrator or the court makes a finding 580
870-that the petitioner's claim is frivolous. 581
871- (h)(l) The division or a court of competent jurisdiction 582
872-may not accept for filing a recall petition or action, whether 583
873-filed under paragraph (e) or paragraph (g) (b), paragraph (c), 584
874-paragraph (g), or paragraph (k) and regardless of whether the 585
875-recall was certified, when t here are 60 or fewer days until the 586
876-scheduled reelection of the board member sought to be recalled 587
877-or when 45 60 or fewer days have not elapsed since the election 588
878-of the board member sought to be recalled. 589
879- Section 4. Subsections (8) and (9) of section 720.306, 590
880-Florida Statutes, are amended, and paragraph (g) of subsection 591
881-(1) of that section is republished, to read: 592
882- 720.306 Meetings of members; voting and election 593
883-procedures; amendments. — 594
884- (1) QUORUM; AMENDMENTS. — 595
885- (g) A notice required under this s ection must be mailed or 596
886-delivered to the address identified as the parcel owner's 597
887-mailing address in the official records of the association as 598
888-required under s. 720.303(4), or electronically transmitted in a 599
889-manner authorized by the association if the pa rcel owner has 600
890-
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865+that the petitioner's claim is frivolous. 576
866+ (h)(l) The division or a court of competent jurisdiction 577
867+may not accept for filing a recall petition or action, whether 578
868+filed under paragraph (e) or paragraph (g) (b), paragraph (c), 579
869+paragraph (g), or paragraph (k) and regardless of whether the 580
870+recall was certified, when there are 60 or fewer days until the 581
871+scheduled reelection of the board member sought to be recalled 582
872+or when 45 60 or fewer days have not elapsed since the election 583
873+of the board member sought to be recalled. 584
874+ Section 4. Subsections (8) and (9) of section 720.306, 585
875+Florida Statutes, are amended, a nd paragraph (g) of subsection 586
876+(1) of that section is republished, to read: 587
877+ 720.306 Meetings of members; voting and election 588
878+procedures; amendments. — 589
879+ (1) QUORUM; AMENDMENTS. — 590
880+ (g) A notice required under this section must be mailed or 591
881+delivered to the address identified as the parcel owner's 592
882+mailing address in the official records of the association as 593
883+required under s. 720.303(4), or electronically transmitted in a 594
884+manner authorized by the association if the parcel owner has 595
885+consented, in writing, to receive notice by electronic 596
886+transmission. 597
887+ (8) PROXY VOTING.—The members have the right, unless 598
888+otherwise provided in this subsection or in the governing 599
889+documents, to vote in person or by proxy. 600
890+
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898898 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
899899
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901901
902-consented, in writing, to receive notice by electronic 601
903-transmission. 602
904- (8) PROXY VOTING.—The members have the right, unless 603
905-otherwise provided in this subsection or in the governing 604
906-documents, to vote in person or by proxy. 605
907- (a) To be valid, a proxy must be dated, must state the 606
908-date, time, and place of the meeting for which it was given, and 607
909-must be signed by the authorized person who executed the proxy. 608
910-A proxy is effective only for the specific meeting for which it 609
911-was originally given, a s the meeting may lawfully be adjourned 610
912-and reconvened from time to time, and automatically expires 90 611
913-days after the date of the meeting for which it was originally 612
914-given. A proxy is revocable at any time at the pleasure of the 613
915-person who executes it. If the proxy form expressly so provides, 614
916-any proxy holder may appoint, in writing, a substitute to act in 615
917-his or her place. 616
918- (b) If the governing documents permit voting by secret 617
919-ballot by members who are not in attendance at a meeting of the 618
920-members for the election of directors, such ballots must be 619
921-placed in an inner envelope with no identifying markings and 620
922-mailed or delivered to the association in an outer envelope 621
923-bearing identifying information reflecting the name of the 622
924-member, the lot or parcel for which the vote is being cast, and 623
925-the signature of the lot or parcel owner casting that ballot. If 624
926-the eligibility of the member to vote is confirmed and no other 625
927-
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902+ (a) To be valid, a proxy must be dated, must state the 601
903+date, time, and place of the meeting for which it was given, and 602
904+must be signed by the authorized person who executed the proxy. 603
905+A proxy is effective only for the specific meeting for which it 604
906+was originally given, as the meeting may lawfully be adjourned 605
907+and reconvened from time to time, and automatically expires 90 606
908+days after the date of the meeting for which it was originally 607
909+given. A proxy is revocable at any time at the pleasure of the 608
910+person who executes it. If the proxy form expressly so provides, 609
911+any proxy holder may appoint, in writing, a substitute to act in 610
912+his or her place. 611
913+ (b) If the governing documents permit voting by secret 612
914+ballot by members who are not in attendance at a meeting of the 613
915+members for the election of directors, such ballots mus t be 614
916+placed in an inner envelope with no identifying markings and 615
917+mailed or delivered to the association in an outer envelope 616
918+bearing identifying information reflecting the name of the 617
919+member, the lot or parcel for which the vote is being cast, and 618
920+the signature of the lot or parcel owner casting that ballot. If 619
921+the eligibility of the member to vote is confirmed and no other 620
922+ballot has been submitted for that lot or parcel, the inner 621
923+envelope shall be removed from the outer envelope bearing the 622
924+identification information, placed with the ballots which were 623
925+personally cast, and opened when the ballots are counted. If 624
926+more than one ballot is submitted for a lot or parcel, the 625
927+
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935935 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
936936
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938938
939-ballot has been submitted for that lot or parcel, the inner 626
940-envelope shall be removed from th e outer envelope bearing the 627
941-identification information, placed with the ballots which were 628
942-personally cast, and opened when the ballots are counted. If 629
943-more than one ballot is submitted for a lot or parcel, the 630
944-ballots for that lot or parcel shall be disq ualified. Any vote 631
945-by ballot received after the closing of the balloting may not be 632
946-considered. 633
947- (9) ELECTIONS AND BOARD VACANCIES. — 634
948- (a) Elections of directors must be conducted in accordance 635
949-with the procedures set forth in this subsection the governing 636
950-documents of the association . Except as provided in paragraph 637
951-(b), all members of the association are eligible to serve on the 638
952-board of directors, and a member may nominate himself or herself 639
953-as a candidate for the board at a meeting where the election i s 640
954-to be held; provided, however, that if the election process 641
955-allows candidates to be nominated in advance of the meeting, the 642
956-association is not required to allow nominations at the meeting . 643
957-An election is not required unless more candidates are nominated 644
958-than vacancies exist. 645
959- 1. The members of the board must be elected by written 646
960-ballot or voting machine. Proxies may not be used in electing 647
961-the board in general elections or in elections to fill vacancies 648
962-caused by recall, resignation, or otherwise. 649
963- 2. At least 60 days before a scheduled election, the 650
964-
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939+ballots for that lot or parcel shall be disqualified. Any vote 626
940+by ballot received aft er the closing of the balloting may not be 627
941+considered. 628
942+ (9) ELECTIONS AND BOARD VACANCIES. — 629
943+ (a) Elections of directors must be conducted in accordance 630
944+with the procedures set forth in this subsection the governing 631
945+documents of the association . Except as provided in paragraph 632
946+(b), all members of the association are eligible to serve on the 633
947+board of directors, and a member may nominate himself or herself 634
948+as a candidate for the board at a meeting where the election is 635
949+to be held; provided, however, that if the election process 636
950+allows candidates to be nominated in advance of the meeting, the 637
951+association is not required to allow nominations at the meeting . 638
952+An election is not required unless more candidates are nominated 639
953+than vacancies exist. 640
954+ 1. The members of the board must be elected by written 641
955+ballot or voting machine. Proxies may not be used in electing 642
956+the board in general elections or in elections to fill vacancies 643
957+caused by recall, resignation, or otherwise. 644
958+ 2. At least 60 days before a scheduled ele ction, the 645
959+association must mail, deliver, or electronically transmit, by 646
960+separate association mailing or included in another association 647
961+mailing, delivery, or electronic transmission, including 648
962+regularly published newsletters, to each member entitled to v ote 649
963+a first notice of the date of the election. 650
964+
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972972 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
973973
974974
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976-association must mail, deliver, or electronically transmit, by 651
977-separate association mailing or included in another association 652
978-mailing, delivery, or electronic transmission, including 653
979-regularly published newsletters, to each member entitled to vote 654
980-a first notice of the date of the election. 655
981- 3. A member intending to be a candidate for the board must 656
982-give written notice of his or her intent to be a candidate to 657
983-the association at least 40 days before th e scheduled election. 658
984-An association is prohibited from using a nominating committee. 659
985-A search committee may be used to encourage members of the 660
986-association to run for board membership; however, a search 661
987-committee does not have the authority to nominate ca ndidates for 662
988-the board. 663
989- 4. Together with the written notice of the annual meeting 664
990-and agenda, the association must mail, deliver, or 665
991-electronically transmit a second notice of the election to all 666
992-members entitled to vote, together with a ballot that list s all 667
993-candidates. 668
994- 5. Upon the request of a candidate, an information sheet 669
995-must also be made available for the mailed, delivered, or 670
996-electronically transmitted second notice of the election. Such 671
997-information sheet may not be larger than 8 1/2 by 11 inche s. The 672
998-candidate must furnish the information sheet to the association 673
999-no later than 35 days before the election. The association shall 674
1000-bear the costs of mailing, delivering, or electronically 675
1001-
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1007-hb983-02-c2
976+ 3. A member intending to be a candidate for the board must 651
977+give written notice of his or her intent to be a candidate to 652
978+the association at least 40 days before the scheduled election. 653
979+ 4. Together with th e written notice of the annual meeting 654
980+and agenda, the association must mail, deliver, or 655
981+electronically transmit a second notice of the election to all 656
982+members entitled to vote, together with a ballot that lists all 657
983+candidates. 658
984+ 5. Upon the request of a candidate, an information sheet 659
985+must also be made available for the mailed, delivered, or 660
986+electronically transmitted second notice of the election. Such 661
987+information sheet may not be larger than 8 1/2 by 11 inches. The 662
988+candidate must furnish the information sheet to the association 663
989+no later than 35 days before the election. The association shall 664
990+bear the costs of mailing, delivering, or electronically 665
991+transmitting the information sheet. The association is not 666
992+liable for the content of the information sheet. In order to 667
993+reduce costs, the association may print or duplicate the 668
994+information sheets on both sides of the paper. 669
995+ 6. Elections must be decided by a plurality of ballots 670
996+cast. There are no quorum requirements; however, at least 20 671
997+percent of the eligibl e voters must cast a ballot in order to 672
998+have a valid election. A member may not authorize any other 673
999+person to cast his or her ballot, and any ballot improperly cast 674
1000+is deemed invalid. A member who violates this subparagraph may 675
1001+
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10091009 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
10101010
10111011
10121012
1013-transmitting the information sheet. The association is not 676
1014-liable for the content of the information sheet. In order to 677
1015-reduce costs, the association may print or duplicate the 678
1016-information sheets on both sides of the paper. 679
1017- 6. Elections must be decided by a plurality of ballots 680
1018-cast. There are no quorum requirements ; however, at least 20 681
1019-percent of the eligible voters must cast a ballot in order to 682
1020-have a valid election. A member may not authorize any other 683
1021-person to cast his or her ballot, and any ballot improperly cast 684
1022-is deemed invalid. A member who violates this subparagraph may 685
1023-be fined by the association under s. 720.305. 686
1024- 7. A member who requires assistance in casting a ballot 687
1025-may seek such assistance as prescribed under s. 101.051. 688
1026- 8. The election must occur on the date of the annual 689
1027-meeting. 690
1028- 9. Notwithstanding this paragraph, an election is not 691
1029-required unless more candidates file notices of intent to run or 692
1030-are nominated than there are vacancies on the board. If the 693
1031-number of board members whose terms expire at the annual meeting 694
1032-equals or exceeds the nu mber of candidates, the candidates 695
1033-become board members effective upon the adjournment of the 696
1034-annual meeting. 697
1035- 10. This paragraph applies to all elections for directors 698
1036-where the process for the election is scheduled to commence on 699
1037-or after October 1, 202 5. 700
1038-
1039-CS/CS/HB 983 2025
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1041-
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1013+be fined by the association under s. 720.305. 676
1014+ 7. A member who requires assistance in casting a ballot 677
1015+may seek such assistance as prescribed under s. 101.051. 678
1016+ 8. The election must occur on the date of the annual 679
1017+meeting. 680
1018+ 9. Notwithstanding this paragraph, an election is not 681
1019+required unless more candidates file notices of intent to run or 682
1020+are nominated than there are vacancies on the board. If the 683
1021+number of board members whose terms expire at the annual meeting 684
1022+equals or exceeds the number of candidates, the candidates 685
1023+become board members effective upon the adjournment of the 686
1024+annual meeting. 687
1025+ 10. This paragraph applies to all elections for directors 688
1026+where the process for the election is scheduled to commence on 689
1027+or after October 1, 2025. 690
1028+ (b) A member desiring to be a candidate for board 691
1029+membership must be eligible to be a candidate to serve on the 692
1030+board at the time of the mailing, delivery, or electronic 693
1031+transmission of a notice of intent to be a candidate. Co -owners 694
1032+of a parcel may not serve together as members of the board 695
1033+unless they own more than one parcel, or unless there are not 696
1034+enough eligible candidates to fill the vacancies on the board at 697
1035+the time of the vacancy If an election is not required because 698
1036+there are either an equal number or fewer qualified candidates 699
1037+than vacancies exist, and if nominations from the floor are not 700
1038+
1039+CS/HB 983 2025
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10461046 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
10471047
10481048
10491049
1050- (b) A member desiring to be a candidate for board 701
1051-membership must be eligible to be a candidate to serve on the 702
1052-board at the time of the mailing, delivery, or electronic 703
1053-transmission of a notice of intent to be a candidate. Co -owners 704
1054-of a parcel may not serve together as members of the board 705
1055-unless they own more than one parcel, or unless there are not 706
1056-enough eligible candidates to fill the vacancies on the board at 707
1057-the time of the vacancy If an election is not required because 708
1058-there are either an equa l number or fewer qualified candidates 709
1059-than vacancies exist, and if nominations from the floor are not 710
1060-required pursuant to this section or the bylaws, write -in 711
1061-nominations are not permitted and such qualified candidates 712
1062-shall commence service on the board of directors, regardless of 713
1063-whether a quorum is attained at the annual meeting. Except as 714
1064-otherwise provided in the governing documents, boards of 715
1065-directors must be elected by a plurality of the votes cast by 716
1066-eligible voters. Any challenge to the election process must be 717
1067-commenced within 60 days after the election results are 718
1068-announced. 719
1069- (b) A person who is delinquent in the payment of any 720
1070-assessment due to the association is not eligible to be a 721
1071-candidate for board membership any fee, fine, or other mone tary 722
1072-obligation to the association on the day that he or she could 723
1073-last nominate himself or herself or be nominated for the board 724
1074-may not seek election to the board , and his or her name may 725
1075-
1076-CS/CS/HB 983 2025
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1078-
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1081-hb983-02-c2
1050+required pursuant to this section or the bylaws, write -in 701
1051+nominations are not permitted and such qualified candidates 702
1052+shall commence service on the board of directors, regardless of 703
1053+whether a quorum is attained at the annual meeting. Except as 704
1054+otherwise provided in the governing documents, boards of 705
1055+directors must be elected by a plurality of the votes cast by 706
1056+eligible voters. Any challenge to the election process must be 707
1057+commenced within 60 days aft er the election results are 708
1058+announced. 709
1059+ (b) A person who is delinquent in the payment of any 710
1060+assessment due to the association is not eligible to be a 711
1061+candidate for board membership any fee, fine, or other monetary 712
1062+obligation to the association on the day that he or she could 713
1063+last nominate himself or herself or be nominated for the board 714
1064+may not seek election to the board , and his or her name may 715
1065+shall not be listed on the ballot. A person serving as a board 716
1066+member who becomes more than 90 days delinquent in the payment 717
1067+of any assessment due to the association is fee, fine, or other 718
1068+monetary obligation to the association shall be deemed to have 719
1069+abandoned his or her seat on the board, creating a vacancy on 720
1070+the board to be filled according to law. For purpose s of this 721
1071+paragraph, a person is delinquent if a payment is not made by 722
1072+the due date as specifically identified by the declaration, 723
1073+bylaws, or articles of incorporation. If a due date is not 724
1074+specifically identified by the declaration, bylaws, or articles 725
1075+
1076+CS/HB 983 2025
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10831083 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
10841084
10851085
10861086
1087-shall not be listed on the ballot. A person serving as a board 726
1088-member who becomes more than 90 days delinquent in the payment 727
1089-of any assessment due to the association is fee, fine, or other 728
1090-monetary obligation to the association shall be deemed to have 729
1091-abandoned his or her seat on the board, creating a vacancy on 730
1092-the board to be filled according to law. For purposes of this 731
1093-paragraph, a person is delinquent if a payment is not made by 732
1094-the due date as specifically identified by the declaration, 733
1095-bylaws, or articles of incorporation. If a due date is not 734
1096-specifically identif ied by the declaration, bylaws, or articles 735
1097-of incorporation, the due date is the first day of the 736
1098-assessment period the term "any fee, fine, or other monetary 737
1099-obligation" means any delinquency to the association with 738
1100-respect to any parcel . A person who has been convicted of any 739
1101-felony in this state or in a United States District or 740
1102-Territorial Court, or has been convicted of any offense in 741
1103-another jurisdiction which would be considered a felony if 742
1104-committed in this state, may not seek election to the board and 743
1105-is not eligible for board membership unless such felon's civil 744
1106-rights have been restored for at least 5 years as of the date on 745
1107-which such person seeks election to the board. The validity of 746
1108-any action by the board is not affected if it is later 747
1109-determined that a person was ineligible to seek election to the 748
1110-board or that a member of the board is ineligible for board 749
1111-membership. 750
1112-
1113-CS/CS/HB 983 2025
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1118-hb983-02-c2
1087+of incorporation, the due date is the first day of the 726
1088+assessment period the term "any fee, fine, or other monetary 727
1089+obligation" means any delinquency to the association with 728
1090+respect to any parcel . A person who has been convicted of any 729
1091+felony in this state or in a United States District or 730
1092+Territorial Court, or has been convicted of any offense in 731
1093+another jurisdiction which would be considered a felony if 732
1094+committed in this state, may not seek election to the board and 733
1095+is not eligible for board membership unl ess such felon's civil 734
1096+rights have been restored for at least 5 years as of the date on 735
1097+which such person seeks election to the board. The validity of 736
1098+any action by the board is not affected if it is later 737
1099+determined that a person was ineligible to seek el ection to the 738
1100+board or that a member of the board is ineligible for board 739
1101+membership. 740
1102+ (c) Any election dispute between a member and an 741
1103+association must be submitted to binding arbitration with the 742
1104+division or filed with a court of competent jurisdiction. Such 743
1105+proceedings that are submitted to binding arbitration with the 744
1106+division must be conducted in the manner provided by s. 718.1255 745
1107+and the procedural rules adopted by the division. 746
1108+ (d) Unless otherwise provided in the bylaws, any vacancy 747
1109+occurring on the board before the expiration of a term may be 748
1110+filled by an affirmative vote of the majority of the remaining 749
1111+directors, even if the remaining directors constitute less than 750
1112+
1113+CS/HB 983 2025
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11201120 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
11211121
11221122
11231123
1124- (c) Any election dispute between a member and an 751
1125-association must be submitted to binding arbitration with the 752
1126-division or filed with a court of competent jurisdiction. Such 753
1127-proceedings that are submitted to binding arbitration with the 754
1128-division must be conducted in the manner provided by s. 718.1255 755
1129-and the procedural rules adopted by the division. 756
1130- (d) Unless otherwise prov ided in the bylaws, any vacancy 757
1131-occurring on the board before the expiration of a term may be 758
1132-filled by an affirmative vote of the majority of the remaining 759
1133-directors, even if the remaining directors constitute less than 760
1134-a quorum, or by the sole remaining director. In the alternative, 761
1135-a board may hold an election to fill the vacancy, in which case 762
1136-the election procedures must conform to the requirements of the 763
1137-governing documents. Unless otherwise provided in the bylaws, a 764
1138-board member appointed or elected under this section is 765
1139-appointed for the unexpired term of the seat being filled. 766
1140-Filling vacancies created by recall is governed by s. 767
1141-720.303(10) and rules adopted by the division. 768
1142- (e) If the staggered term of a board member does not 769
1143-expire until a later annual meeting, or if all the members' 770
1144-terms would otherwise expire but there are no eligible 771
1145-candidates, the terms of all board members must expire at the 772
1146-annual meeting, and such members may stand for reelection unless 773
1147-prohibited by the declaration, by laws, or articles of 774
1148-incorporation. 775
1149-
1150-CS/CS/HB 983 2025
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1155-hb983-02-c2
1124+a quorum, or by the sole remaining director. In the alternative, 751
1125+a board may hold an election to fill the vacancy, in which case 752
1126+the election procedures must conform to the requirements of the 753
1127+governing documents. Unless otherwise provided in the bylaws, a 754
1128+board member appointed or elected under this section is 755
1129+appointed for the unexp ired term of the seat being filled. 756
1130+Filling vacancies created by recall is governed by s. 757
1131+720.303(10) and rules adopted by the division. 758
1132+ (e) If the staggered term of a board member does not 759
1133+expire until a later annual meeting, or if all the members' 760
1134+terms would otherwise expire but there are no eligible 761
1135+candidates, the terms of all board members must expire at the 762
1136+annual meeting, and such members may stand for reelection unless 763
1137+prohibited by the declaration, bylaws, or articles of 764
1138+incorporation. 765
1139+ Section 5. Section 720.3086, Florida Statutes, is amended 766
1140+to read: 767
1141+ 720.3086 Financial report. — 768
1142+ (1) In a residential subdivision in which the owners of 769
1143+lots or parcels must pay mandatory maintenance or use amenity 770
1144+fees to the subdivision developer or to the owners of the common 771
1145+areas, recreational facilities, and other properties serving the 772
1146+lots or parcels, the developer or owner of such areas, 773
1147+facilities, or properties shall make public, within 60 days 774
1148+after following the end of each fiscal year, a complete 775
1149+
1150+CS/HB 983 2025
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11571157 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
11581158
11591159
11601160
1161- Section 5. Section 720.3086, Florida Statutes, is amended 776
1162-to read: 777
1163- 720.3086 Financial report. — 778
1164- (1) In a residential subdivision in which the owners of 779
1165-lots or parcels must pay mandatory maintenance or use amenity 780
1166-fees to the subdivision developer or to the owners of the common 781
1167-areas, recreational facilities, and other properties serving the 782
1168-lots or parcels, the developer or owner of such areas, 783
1169-facilities, or properties shall make public, within 60 days 784
1170-after following the end of each fiscal year, a complete 785
1171-financial report of the actual, total receipts of mandatory 786
1172-maintenance or use amenity fees received by it, and an itemized 787
1173-listing of the expenditures made by it from such fees, for that 788
1174-year. Such report must shall be made public by mailing it to 789
1175-each lot or parcel owner in the subdivision, by publishing it in 790
1176-a publication regularly distributed within the subdivision, or 791
1177-by posting it in prominent locations in the subdivision. This 792
1178-subsection section does not apply to: 793
1179- (a) Amounts paid to homeowner associations pursuant to 794
1180-chapter 617, chapter 718, chapter 719, chapter 721, or chapter 795
1181-723;, or to 796
1182- (b) Amounts paid to local governmental entities, including 797
1183-special districts; or 798
1184- (c) Amounts paid to a privat e amenities owner. Amounts 799
1185-paid to private amenities owners are governed by subsection (2) . 800
1186-
1187-CS/CS/HB 983 2025
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1161+financial report of the actual, total receipts of mandatory 776
1162+maintenance or use amenity fees received by it, and an itemized 777
1163+listing of the expenditures made by it from such fees, for that 778
1164+year. Such report must shall be made public by mailing it to 779
1165+each lot or parcel owner in the subdivision, by publishing it in 780
1166+a publication regularly distributed within the subdivision, or 781
1167+by posting it in prominent locations in the subdivision. This 782
1168+subsection section does not apply to: 783
1169+ (a) Amounts paid to homeowner as sociations pursuant to 784
1170+chapter 617, chapter 718, chapter 719, chapter 721, or chapter 785
1171+723;, or to 786
1172+ (b) Amounts paid to local governmental entities, including 787
1173+special districts; or 788
1174+ (c) Amounts paid to a private amenities owner. Amounts 789
1175+paid to private amenities owners are governed by subsection (2) . 790
1176+ (2) In a residential subdivision in which a parcel owner 791
1177+must pay amenity dues owed to a private amenities owner, the 792
1178+private amenities owner shall make public, within 60 days after 793
1179+the end of each fiscal year, a complete financial report of the 794
1180+actual, total receipts of amenity dues received by the owner and 795
1181+an itemized list of the expenditures the owner made with respect 796
1182+to operational costs, expenses, or other amounts expended with 797
1183+respect to the operation of the privately -owned recreational 798
1184+amenities for that fiscal year. The private amenities owner must 799
1185+make the financial report available for inspection upon written 800
1186+
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11941194 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
11951195
11961196
11971197
1198- (2) In a residential subdivision in which a parcel owner 801
1199-must pay amenity dues owed to a private amenities owner, the 802
1200-private amenities owner shall make public, within 60 days after 803
1201-the end of each fiscal year, a complete financial report of the 804
1202-actual, total receipts of amenity dues received by the owner and 805
1203-an itemized list of the expenditures the owner made with respect 806
1204-to operational costs, expenses, or other amounts expended with 807
1205-respect to the operation of the privately -owned recreational 808
1206-amenities for that fiscal year. The private amenities owner must 809
1207-make the financial report available for inspection upon written 810
1208-request from a parcel owner within the appli cable subdivision. 811
1209-Such report must be made public to each parcel owner who is 812
1210-subject to the payment of the amenity dues by publishing a 813
1211-notice of the report's availability for inspection in a 814
1212-publication regularly distributed within the subdivision or by 815
1213-posting a notice in a prominent location in the subdivision, 816
1214-including in a prominent location within the privately -owned 817
1215-recreational amenities or other such properties. This subsection 818
1216-does not apply to: 819
1217- (a) Assessments or other amounts paid to homeow ners' 820
1218-associations pursuant to chapter 617, chapter 718, chapter 719, 821
1219-chapter 721, or chapter 723; or 822
1220- (b) Amounts paid to local governmental entities, including 823
1221-special districts. 824
1222- Section 6. Subsection (1) and paragraphs (a) and (c) of 825
1223-
1224-CS/CS/HB 983 2025
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1198+request from a parcel owner within the applicable subdivision. 801
1199+Such report must be made public to each parcel owner who is 802
1200+subject to the payment of the amenity dues by publishing a 803
1201+notice of the report's availability for inspection in a 804
1202+publication regularly distributed within the subdivision or by 805
1203+posting a notice in a prominent location in the subdivision, 806
1204+including in a prominent locatio n within the privately -owned 807
1205+recreational amenities or other such properties. This subsection 808
1206+does not apply to: 809
1207+ (a) Assessments or other amounts paid to homeowners' 810
1208+associations pursuant to chapter 617, chapter 718, chapter 719, 811
1209+chapter 721, or chapter 723; or 812
1210+ (b) Amounts paid to local governmental entities, including 813
1211+special districts. 814
1212+ Section 6. Subsection (1) and paragraphs (a) and (c) of 815
1213+subsection (2) of section 720.311, Florida Statutes, are 816
1214+amended, and subsection (3) is added to that sectio n, to read: 817
1215+ 720.311 Dispute resolution. — 818
1216+ (1)(a) The Legislature finds that alternative dispute 819
1217+resolution has made progress in reducing court dockets and 820
1218+trials and in offering a more efficient, cost -effective option 821
1219+to litigation. The filing of any pe tition for arbitration or the 822
1220+serving of a demand for presuit mediation as provided for in 823
1221+this section shall toll the applicable statute of limitations. 824
1222+Any recall dispute filed with the department under s. 825
1223+
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12311231 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
12321232
12331233
12341234
1235-subsection (2) of section 720.311, Florida Statutes, are 826
1236-amended, and subsection (3) is added to that section, to read: 827
1237- 720.311 Dispute resolution. — 828
1238- (1)(a) The Legislature finds that alternative dispute 829
1239-resolution has made progress in reducing court dockets and 830
1240-trials and in offering a more efficient, cost -effective option 831
1241-to litigation. The filing of any petition for arbitration or the 832
1242-serving of a demand for presuit mediation as provided for in 833
1243-this section shall toll the applicable statute of limitations. 834
1244-Any recall dispute filed with the department under s. 835
1245-720.303(10) must shall be conducted by the department in 836
1246-accordance with the provisions of ss. 718.112(2)(l) and 718.1255 837
1247-and the rules adopted by the division. In addition, the 838
1248-department shall conduct binding arbitration of election 839
1249-disputes between a member and an association in accordance with 840
1250-s. 718.1255 and rules adopted by the division. Election disputes 841
1251-and recall disputes are not eligible for presuit mediation; 842
1252-these disputes must be arbitrated by the d epartment or filed in 843
1253-a court of competent jurisdiction. At the conclusion of an 844
1254-arbitration proceeding, the department shall charge the parties 845
1255-a fee in an amount adequate to cover all costs and expenses 846
1256-incurred by the department in conducting the procee ding. 847
1257-Initially, the petitioner shall remit a filing fee of at least 848
1258-$200 to the department. The fees paid to the department shall 849
1259-become a recoverable cost in the arbitration proceeding, and the 850
1260-
1261-CS/CS/HB 983 2025
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1266-hb983-02-c2
1235+720.303(10) must shall be conducted by the depar tment in 826
1236+accordance with the provisions of ss. 718.112(2)(l) and 718.1255 827
1237+and the rules adopted by the division. In addition, the 828
1238+department shall conduct binding arbitration of election 829
1239+disputes between a member and an association in accordance with 830
1240+s. 718.1255 and rules adopted by the division. Election disputes 831
1241+and recall disputes are not eligible for presuit mediation; 832
1242+these disputes must be arbitrated by the department or filed in 833
1243+a court of competent jurisdiction. At the conclusion of an 834
1244+arbitration proceeding, the department shall charge the parties 835
1245+a fee in an amount adequate to cover all costs and expenses 836
1246+incurred by the department in conducting the proceeding. 837
1247+Initially, the petitioner shall remit a filing fee of at least 838
1248+$200 to the department. T he fees paid to the department shall 839
1249+become a recoverable cost in the arbitration proceeding, and the 840
1250+prevailing party in an arbitration proceeding shall recover its 841
1251+reasonable costs and attorney fees in an amount found reasonable 842
1252+by the arbitrator. 843
1253+ (b) Any action filed pursuant to this section must be 844
1254+tried without a jury. The parties are entitled to an immediate 845
1255+hearing. However, the court may limit the time for taking 846
1256+testimony, considering the circumstances of the matter and the 847
1257+proximity of any succe eding election. Upon the division or the 848
1258+court rendering a judgment or decree against an association and 849
1259+in favor of a parcel owner, the division or the court shall 850
1260+
1261+CS/HB 983 2025
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12671267 Page 35 of 64
12681268 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
12691269
12701270
12711271
1272-prevailing party in an arbitration proceeding shall recover its 851
1273-reasonable costs and attorney fees in an amount found reasonable 852
1274-by the arbitrator. 853
1275- (b) Any action filed pursuant to this section must be 854
1276-tried without a jury. The parties are entitled to an immediate 855
1277-hearing. However, the court may limit the time fo r taking 856
1278-testimony, considering the circumstances of the matter and the 857
1279-proximity of any succeeding election. Upon the division or the 858
1280-court rendering a judgment or decree against an association and 859
1281-in favor of a parcel owner, the division or the court sha ll 860
1282-award to the parcel owner reasonable attorney fees and costs 861
1283-incurred in the action. When so awarded, compensation or fees 862
1284-and costs of the attorney may be included in the judgment or 863
1285-decree rendered in the action or in a separate judgment or 864
1286-decree. The party filing an action under this section may 865
1287-request the issuance of a temporary injunction to stay any 866
1288-upcoming election that may occur while the challenge is pending. 867
1289-The department shall adopt rules to effectuate the purposes of 868
1290-this section. 869
1291- (2)(a) Disputes between an association and a parcel owner 870
1292-regarding use of or changes to the parcel or the common areas 871
1293-and other covenant enforcement disputes, disputes regarding 872
1294-amendments to the association documents, disputes regarding 873
1295-meetings of the board and committees appointed by the board, 874
1296-membership meetings not including election meetings, and access 875
1297-
1298-CS/CS/HB 983 2025
1299-
1300-
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1303-hb983-02-c2
1272+award to the parcel owner reasonable attorney fees and costs 851
1273+incurred in the action. When s o awarded, compensation or fees 852
1274+and costs of the attorney may be included in the judgment or 853
1275+decree rendered in the action or in a separate judgment or 854
1276+decree. The party filing an action under this section may 855
1277+request the issuance of a temporary injunction to stay any 856
1278+upcoming election that may occur while the challenge is pending. 857
1279+The department shall adopt rules to effectuate the purposes of 858
1280+this section. 859
1281+ (2)(a) Disputes between an association and a parcel owner 860
1282+regarding use of or changes to the parcel or the common areas 861
1283+and other covenant enforcement disputes, disputes regarding 862
1284+amendments to the association documents, disputes regarding 863
1285+meetings of the board and committees appointed by the board, 864
1286+membership meetings not including election meetings, a nd access 865
1287+to the official records of the association shall be the subject 866
1288+of a demand for presuit mediation served by an aggrieved party 867
1289+before the dispute is filed in court. Presuit mediation 868
1290+proceedings must be conducted in accordance with the applicable 869
1291+Florida Rules of Civil Procedure, and these proceedings are 870
1292+privileged and confidential to the same extent as court -ordered 871
1293+mediation. Disputes subject to presuit mediation under this 872
1294+section shall not include the collection of any assessment, 873
1295+fine, or other financial obligation, including attorney 874
1296+attorney's fees and costs, claimed to be due or any action to 875
1297+
1298+CS/HB 983 2025
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13051305 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
13061306
13071307
13081308
1309-to the official records of the association shall be the subject 876
1310-of a demand for presuit mediation served by an aggrieved party 877
1311-before the dispute is fil ed in court. Presuit mediation 878
1312-proceedings must be conducted in accordance with the applicable 879
1313-Florida Rules of Civil Procedure, and these proceedings are 880
1314-privileged and confidential to the same extent as court -ordered 881
1315-mediation. Disputes subject to presui t mediation under this 882
1316-section shall not include the collection of any assessment, 883
1317-fine, or other financial obligation, including attorney 884
1318-attorney's fees and costs, claimed to be due or any action to 885
1319-enforce a prior mediation settlement agreement between the 886
1320-parties. Also, in any dispute subject to presuit mediation under 887
1321-this section where emergency relief is required, a motion for 888
1322-temporary injunctive relief may be filed with the court without 889
1323-first complying with the presuit mediation requirements of th is 890
1324-section. After any issues regarding emergency or temporary 891
1325-relief are resolved, the court may either refer the parties to a 892
1326-mediation program administered by the courts or require 893
1327-mediation under this section. An arbitrator or judge may not 894
1328-consider any information or evidence arising from the presuit 895
1329-mediation proceeding except in a proceeding to impose sanctions 896
1330-for failure to attend a presuit mediation session or to enforce 897
1331-a mediated settlement agreement. Persons who are not parties to 898
1332-the dispute may not attend the presuit mediation conference 899
1333-without the consent of all parties, except for counsel for the 900
1334-
1335-CS/CS/HB 983 2025
1336-
1337-
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1340-hb983-02-c2
1309+enforce a prior mediation settlement agreement between the 876
1310+parties. Also, in any dispute subject to presuit mediation under 877
1311+this section where emerge ncy relief is required, a motion for 878
1312+temporary injunctive relief may be filed with the court without 879
1313+first complying with the presuit mediation requirements of this 880
1314+section. After any issues regarding emergency or temporary 881
1315+relief are resolved, the court m ay either refer the parties to a 882
1316+mediation program administered by the courts or require 883
1317+mediation under this section. An arbitrator or judge may not 884
1318+consider any information or evidence arising from the presuit 885
1319+mediation proceeding except in a proceeding to impose sanctions 886
1320+for failure to attend a presuit mediation session or to enforce 887
1321+a mediated settlement agreement. Persons who are not parties to 888
1322+the dispute may not attend the presuit mediation conference 889
1323+without the consent of all parties, except for c ounsel for the 890
1324+parties and a corporate representative designated by the 891
1325+association. When mediation is attended by a quorum of the 892
1326+board, such mediation is not a board meeting for purposes of 893
1327+notice and participation set forth in s. 720.303. An aggrieved 894
1328+party shall serve on the responding party a written demand to 895
1329+participate in presuit mediation in substantially the following 896
1330+form: 897
1331+ 898
1332+STATUTORY OFFER TO PARTICIPATE 899
1333+IN PRESUIT MEDIATION 900
1334+
1335+CS/HB 983 2025
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13421342 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
13431343
13441344
13451345
1346-parties and a corporate representative designated by the 901
1347-association. When mediation is attended by a quorum of the 902
1348-board, such mediation is not a board meeting for purposes of 903
1349-notice and participation set forth in s. 720.303. An aggrieved 904
1350-party shall serve on the responding party a written demand to 905
1351-participate in presuit mediation in substantially the following 906
1352-form: 907
1346+ 901
1347+The alleged aggrieved party, ................, hereby 902
1348+demands that ................, as the responding 903
1349+party, engage in mandatory presuit mediation in 904
1350+connection with the following disputes, which by 905
1351+statute are of a type that are subject to presuit 906
1352+mediation: 907
13531353 908
1354-STATUTORY OFFER TO PARTICIPATE 909
1355-IN PRESUIT MEDIATION 910
1356- 911
1357-The alleged aggrieved party, ................, hereby 912
1358-demands that ................, as the responding 913
1359-party, engage in mandatory presuit mediation in 914
1360-connection with the following disputes, which by 915
1361-statute are of a type that are su bject to presuit 916
1362-mediation: 917
1363- 918
1364-(List specific nature of the dispute or disputes to be 919
1365-mediated and the authority supporting a finding of a 920
1366-violation as to each dispute.) 921
1367- 922
1368-Pursuant to section 720.311, Florida Statutes, this 923
1369-demand to resolve the dispute throu gh presuit 924
1370-mediation is required before a lawsuit can be filed 925
1371-
1372-CS/CS/HB 983 2025
1373-
1374-
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1377-hb983-02-c2
1354+(List specific nature of the dispute or disputes to be 909
1355+mediated and the authority supporting a finding of a 910
1356+violation as to each dispute.) 911
1357+ 912
1358+Pursuant to section 720.311, Florida Statutes, this 913
1359+demand to resolve the dispute through presuit 914
1360+mediation is required before a lawsuit can be filed 915
1361+concerning the dispute. Pur suant to the statute, the 916
1362+parties are required to engage in presuit mediation 917
1363+with a neutral third -party mediator in order to 918
1364+attempt to resolve this dispute without court action, 919
1365+and the aggrieved party demands that you likewise 920
1366+agree to this process. If you fail to participate in 921
1367+the mediation process, suit may be brought against you 922
1368+without further warning. 923
1369+ 924
1370+The process of mediation involves a supervised 925
1371+
1372+CS/HB 983 2025
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13791379 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
13801380
13811381
13821382
1383-concerning the dispute. Pursuant to the statute, the 926
1384-parties are required to engage in presuit mediation 927
1385-with a neutral third -party mediator in order to 928
1386-attempt to resolve this dispute without court action, 929
1387-and the aggrieved party demands that you likewise 930
1388-agree to this process. If you fail to participate in 931
1389-the mediation process, suit may be brought against you 932
1390-without further warning. 933
1391- 934
1392-The process of mediation involves a supervised 935
1393-negotiation process in which a trained, neutral third -936
1394-party mediator meets with both parties and assists 937
1395-them in exploring possible opportunities for resolving 938
1396-part or all of the dispute. By agreeing to participate 939
1397-in presuit mediation, you are not bound in any way t o 940
1398-change your position. Furthermore, the mediator has no 941
1399-authority to make any decisions in this matter or to 942
1400-determine who is right or wrong and merely acts as a 943
1401-facilitator to ensure that each party understands the 944
1402-position of the other party and that al l options for 945
1403-reasonable settlement are fully explored. 946
1404- 947
1405-If an agreement is reached, it shall be reduced to 948
1406-writing and becomes a binding and enforceable 949
1407-commitment of the parties. A resolution of one or more 950
1408-
1409-CS/CS/HB 983 2025
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1411-
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1414-hb983-02-c2
1383+negotiation process in which a trained, neutral third -926
1384+party mediator meets with both parties and assi sts 927
1385+them in exploring possible opportunities for resolving 928
1386+part or all of the dispute. By agreeing to participate 929
1387+in presuit mediation, you are not bound in any way to 930
1388+change your position. Furthermore, the mediator has no 931
1389+authority to make any decisions i n this matter or to 932
1390+determine who is right or wrong and merely acts as a 933
1391+facilitator to ensure that each party understands the 934
1392+position of the other party and that all options for 935
1393+reasonable settlement are fully explored. 936
1394+ 937
1395+If an agreement is reached, it sh all be reduced to 938
1396+writing and becomes a binding and enforceable 939
1397+commitment of the parties. A resolution of one or more 940
1398+disputes in this fashion avoids the need to litigate 941
1399+these issues in court. The failure to reach an 942
1400+agreement, or the failure of a party to participate in 943
1401+the process, results in the mediator declaring an 944
1402+impasse in the mediation, after which the aggrieved 945
1403+party may proceed to court on all outstanding, 946
1404+unsettled disputes. If you have failed or refused to 947
1405+participate in the entire mediation process, you will 948
1406+not be entitled to recover attorney attorney's fees, 949
1407+even if you prevail. 950
1408+
1409+CS/HB 983 2025
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14161416 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
14171417
14181418
14191419
1420-disputes in this fashion avoids the need to lit igate 951
1421-these issues in court. The failure to reach an 952
1422-agreement, or the failure of a party to participate in 953
1423-the process, results in the mediator declaring an 954
1424-impasse in the mediation, after which the aggrieved 955
1425-party may proceed to court on all outstanding, 956
1426-unsettled disputes. If you have failed or refused to 957
1427-participate in the entire mediation process, you will 958
1428-not be entitled to recover attorney attorney's fees, 959
1429-even if you prevail. 960
1430- 961
1431-The aggrieved party has selected and hereby lists five 962
1432-certified mediators who we believe to be neutral and 963
1433-qualified to mediate the dispute. You have the right 964
1434-to select any one of these mediators. The fact that 965
1435-one party may be familiar with one or more of the 966
1436-listed mediators does not mean that the mediator 967
1437-cannot act as a neutral and impartial facilitator. Any 968
1438-mediator who cannot act in this capacity is required 969
1439-ethically to decline to accept engagement. The 970
1440-mediators that we suggest, and their current hourly 971
1441-rates, are as follows: 972
1442- 973
1443-(List the names, addresses, telephone numb ers, and 974
1444-hourly rates of the mediators. Other pertinent 975
1445-
1446-CS/CS/HB 983 2025
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1448-
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1451-hb983-02-c2
1420+ 951
1421+The aggrieved party has selected and hereby lists five 952
1422+certified mediators who we believe to be neutral and 953
1423+qualified to mediate the dispute. You have the right 954
1424+to select any one of these mediators. The fact that 955
1425+one party may be familiar with one or more of the 956
1426+listed mediators does not mean that the mediator 957
1427+cannot act as a neutral and impartial facilitator. Any 958
1428+mediator who cannot act in this capacity is required 959
1429+ethically to decline to accept engagement. The 960
1430+mediators that we suggest, and their current hourly 961
1431+rates, are as follows: 962
1432+ 963
1433+(List the names, addresses, telephone numbers, and 964
1434+hourly rates of the mediators. Other pertinent 965
1435+information about the background o f the mediators may 966
1436+be included as an attachment.) 967
1437+ 968
1438+You may contact the offices of these mediators to 969
1439+confirm that the listed mediators will be neutral and 970
1440+will not show any favoritism toward either party. The 971
1441+Florida Supreme Court can provide you a list o f 972
1442+certified mediators. 973
1443+ 974
1444+Unless otherwise agreed by the parties, section 975
1445+
1446+CS/HB 983 2025
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14531453 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
14541454
14551455
14561456
1457-information about the background of the mediators may 976
1458-be included as an attachment.) 977
1459- 978
1460-You may contact the offices of these mediators to 979
1461-confirm that the listed mediators will be neutral and 980
1462-will not show any favoritism toward either party. The 981
1463-Florida Supreme Court can provide you a list of 982
1464-certified mediators. 983
1465- 984
1466-Unless otherwise agreed by the parties, section 985
1467-720.311(2)(b), Florida Statutes, requires that the 986
1468-parties share the costs of presuit mediatio n equally, 987
1469-including the fee charged by the mediator. An average 988
1470-mediation may require three to four hours of the 989
1471-mediator's time, including some preparation time, and 990
1472-the parties would need to share equally the mediator's 991
1473-fees as well as their own attorney attorney's fees if 992
1474-they choose to employ an attorney in connection with 993
1475-the mediation. However, use of an attorney is not 994
1476-required and is at the option of each party. The 995
1477-mediators may require the advance payment of some or 996
1478-all of the anticipated fees. T he aggrieved party 997
1479-hereby agrees to pay or prepay one -half of the 998
1480-mediator's estimated fees and to forward this amount 999
1481-or such other reasonable advance deposits as the 1000
1482-
1483-CS/CS/HB 983 2025
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1488-hb983-02-c2
1457+720.311(2)(b), Florida Statutes, requires that the 976
1458+parties share the costs of presuit mediation equally, 977
1459+including the fee charged by the mediator. An average 978
1460+mediation may require thr ee to four hours of the 979
1461+mediator's time, including some preparation time, and 980
1462+the parties would need to share equally the mediator's 981
1463+fees as well as their own attorney attorney's fees if 982
1464+they choose to employ an attorney in connection with 983
1465+the mediation. However, use of an attorney is not 984
1466+required and is at the option of each party. The 985
1467+mediators may require the advance payment of some or 986
1468+all of the anticipated fees. The aggrieved party 987
1469+hereby agrees to pay or prepay one -half of the 988
1470+mediator's estimated fee s and to forward this amount 989
1471+or such other reasonable advance deposits as the 990
1472+mediator requires for this purpose. Any funds 991
1473+deposited will be returned to you if these are in 992
1474+excess of your share of the fees incurred. 993
1475+ 994
1476+To begin your participation in presuit mediation to 995
1477+try to resolve the dispute and avoid further legal 996
1478+action, please sign below and clearly indicate which 997
1479+mediator is acceptable to you. We will then ask the 998
1480+mediator to schedule a mutually convenient time and 999
1481+place for the mediation conference to be held. The 1000
1482+
1483+CS/HB 983 2025
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14901490 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
14911491
14921492
14931493
1494-mediator requires for this purpose. Any funds 1001
1495-deposited will be returned to you if these are in 1002
1496-excess of your share of the fees incurred. 1003
1497- 1004
1498-To begin your participation in presuit mediation to 1005
1499-try to resolve the dispute and avoid further legal 1006
1500-action, please sign below and clearly indicate which 1007
1501-mediator is acceptable to you. We will then ask the 1008
1502-mediator to schedule a mutually convenient time and 1009
1503-place for the mediation conference to be held. The 1010
1504-mediation conference must be held within ninety (90) 1011
1505-days of this date, unless extended by mutual written 1012
1506-agreement. In the event that you fail to re spond 1013
1507-within 20 days from the date of this letter, or if you 1014
1508-fail to agree to at least one of the mediators that we 1015
1509-have suggested or to pay or prepay to the mediator 1016
1510-one-half of the costs involved, the aggrieved party 1017
1511-will be authorized to proceed with th e filing of a 1018
1512-lawsuit against you without further notice and may 1019
1513-seek an award of attorney attorney's fees or costs 1020
1514-incurred in attempting to obtain mediation. 1021
1515- 1022
1516-Therefore, please give this matter your immediate 1023
1517-attention. By law, your response must be mail ed by 1024
1518-certified mail, return receipt requested, and by 1025
1519-
1520-CS/CS/HB 983 2025
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1525-hb983-02-c2
1494+mediation conference must be held within ninety (90) 1001
1495+days of this date, unless extended by mutual written 1002
1496+agreement. In the event that you fail to respond 1003
1497+within 20 days from the date of this letter, or if you 1004
1498+fail to agree to at least one of the mediators that we 1005
1499+have suggested or to pay or prepay to the mediator 1006
1500+one-half of the costs involved, the aggrieved party 1007
1501+will be authorized to proceed with the filing of a 1008
1502+lawsuit against you without further notice and may 1009
1503+seek an award of attorney attorney's fees or costs 1010
1504+incurred in attempting to obtain mediation. 1011
1505+ 1012
1506+Therefore, please give this matter your immediate 1013
1507+attention. By law, your response must be mailed by 1014
1508+certified mail, return receipt requested, and by 1015
1509+first-class mail to the address sho wn on this demand. 1016
1510+ 1017
1511+........................ 1018
1512+........................ 1019
1513+ 1020
1514+RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR 1021
1515+AGREEMENT TO THAT CHOICE. 1022
1516+ 1023
1517+AGREEMENT TO MEDIATE 1024
1518+ 1025
1519+
1520+CS/HB 983 2025
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15271527 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
15281528
15291529
15301530
1531-first-class mail to the address shown on this demand. 1026
1532- 1027
1533-........................ 1028
1534-........................ 1029
1535- 1030
1536-RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR 1031
1537-AGREEMENT TO THAT CHOICE. 1032
1531+The undersigned hereby agrees to participate in 1026
1532+presuit mediation and agrees to attend a mediation 1027
1533+conducted by the following mediator or mediators who 1028
1534+are listed above as someone who would be acceptable to 1029
1535+mediate this dispute: 1030
1536+ 1031
1537+(List acceptable mediator or mediators.) 1032
15381538 1033
1539-AGREEMENT TO MEDIATE 1034
1540- 1035
1541-The undersigned hereby agrees to participate in 1036
1542-presuit mediation and agrees to attend a mediation 1037
1543-conducted by the following mediator or mediators who 1038
1544-are listed above as someone who would be acceptable to 1039
1545-mediate this dispute: 1040
1546- 1041
1547-(List acceptable mediato r or mediators.) 1042
1539+I/we further agree to pay or prepay one -half of the 1034
1540+mediator's fees and to forward such advance deposits 1035
1541+as the mediator may require for this purpose. 1036
1542+ 1037
1543+........................ 1038
1544+Signature of responding party #1 1039
1545+ 1040
1546+........................ 1041
1547+Telephone contact information 1042
15481548 1043
1549-I/we further agree to pay or prepay one -half of the 1044
1550-mediator's fees and to forward such advance deposits 1045
1551-as the mediator may require for this purpose. 1046
1552- 1047
1553-........................ 1048
1554-Signature of responding party #1 1049
1555- 1050
1556-
1557-CS/CS/HB 983 2025
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1562-hb983-02-c2
1549+........................ 1044
1550+Signature and telephone contact info rmation of 1045
1551+responding party #2 (if applicable)(if property is 1046
1552+owned by more than one person, all owners must sign) 1047
1553+ 1048
1554+ (c) If presuit mediation as described in paragraph (a) is 1049
1555+not successful in resolving all issues between the parties, the 1050
1556+
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15631563 Page 43 of 64
15641564 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
15651565
15661566
15671567
1568-........................ 1051
1569-Telephone contact information 1052
1570- 1053
1571-........................ 1054
1572-Signature and telephone contact information of 1055
1573-responding party #2 (if applicable)(if property is 1056
1574-owned by more than one person, all owners must sign) 1057
1575- 1058
1576- (c) If presuit mediation as described in paragra ph (a) is 1059
1577-not successful in resolving all issues between the parties, the 1060
1578-parties may file the unresolved dispute in a court of competent 1061
1579-jurisdiction or elect to enter into binding or nonbinding 1062
1580-arbitration pursuant to the procedures set forth in s. 718.1255 1063
1581-and rules adopted by the division, with the arbitration 1064
1582-proceeding to be conducted by a department arbitrator or by a 1065
1583-private arbitrator certified by the department. If all parties 1066
1584-do not agree to arbitration proceedings following an 1067
1585-unsuccessful presuit mediation, any party may file the dispute 1068
1586-in court. A final order resulting from nonbinding arbitration is 1069
1587-final and enforceable in the courts if a complaint for trial de 1070
1588-novo is not filed in a court of competent jurisdiction within 30 1071
1589-days after entry of the order. As to any issue or dispute that 1072
1590-is not resolved at presuit mediation, and as to any issue that 1073
1591-is settled at presuit mediation but is thereafter subject to an 1074
1592-action seeking enforcement of the mediation settlement, the 1075
1593-
1594-CS/CS/HB 983 2025
1595-
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1598-CODING: Words stricken are deletions; words underlined are additions.
1599-hb983-02-c2
1568+parties may file the unresolved dispute in a court of competent 1051
1569+jurisdiction or elect to enter into binding or nonbinding 1052
1570+arbitration pursuant to the procedures set forth in s. 718.1255 1053
1571+and rules adopted by the division, with the arbitration 1054
1572+proceeding to be conducted by a department arbitrator or by a 1055
1573+private arbitrator certified by the department. If all parties 1056
1574+do not agree to arbitration proceedings following an 1057
1575+unsuccessful presuit mediation, any party may file the dispute 1058
1576+in court. A final order resulting from nonbin ding arbitration is 1059
1577+final and enforceable in the courts if a complaint for trial de 1060
1578+novo is not filed in a court of competent jurisdiction within 30 1061
1579+days after entry of the order. As to any issue or dispute that 1062
1580+is not resolved at presuit mediation, and as to any issue that 1063
1581+is settled at presuit mediation but is thereafter subject to an 1064
1582+action seeking enforcement of the mediation settlement, the 1065
1583+prevailing party in any subsequent arbitration or litigation 1066
1584+proceeding shall be entitled to seek recovery of all costs and 1067
1585+attorney attorney's fees incurred in the presuit mediation 1068
1586+process. 1069
1587+ (3) Upon the mediator or the court rendering a judgment or 1070
1588+decree against an association and in favor of a parcel owner, 1071
1589+the mediator or the court shall award to the parcel ow ner 1072
1590+reasonable attorney fees and costs incurred in the action. 1073
1591+Attorney fees or costs relating to an action for the recall of a 1074
1592+director may only be awarded as provided in this subsection or 1075
1593+
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16001600 Page 44 of 64
16011601 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
16021602
16031603
16041604
1605-prevailing party in any subsequent arbitration or litigation 1076
1606-proceeding shall be entitled to seek recovery of all costs and 1077
1607-attorney attorney's fees incurred in the presuit mediation 1078
1608-process. 1079
1609- (3) Upon the mediator or the court rendering a judgment or 1080
1610-decree against an associat ion and in favor of a parcel owner, 1081
1611-the mediator or the court shall award to the parcel owner 1082
1612-reasonable attorney fees and costs incurred in the action. 1083
1613-Attorney fees or costs relating to an action for the recall of a 1084
1614-director may only be awarded as provid ed in this subsection or 1085
1615-as awarded as a sanction pursuant to s. 57.105. 1086
1616- Section 7. Subsection (1) of section 720.401, Florida 1087
1617-Statutes, is amended to read: 1088
1618- 720.401 Prospective purchasers subject to association 1089
1619-membership requirement; disclosure requ ired; covenants; 1090
1620-assessments; contract cancellation. — 1091
1621- (1)(a) A prospective purchaser parcel owner in a community 1092
1622-must be presented a disclosure summary before executing the 1093
1623-contract for sale. The disclosure summary must be in a form 1094
1624-substantially similar to the following form: 1095
1625-DISCLOSURE SUMMARY 1096
1626-FOR 1097
1627-(NAME OF COMMUNITY) 1098
1628- 1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL 1099
1629-BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION. 1100
1630-
1631-CS/CS/HB 983 2025
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1633-
1634-
1635-CODING: Words stricken are deletions; words underlined are additions.
1636-hb983-02-c2
1605+as awarded as a sanction pursuant to s. 57.105. 1076
1606+ Section 7. Subsection (1) of section 720.401, Florida 1077
1607+Statutes, is amended to read: 1078
1608+ 720.401 Prospective purchasers subject to association 1079
1609+membership requirement; disclosure required; covenants; 1080
1610+assessments; contract cancellation. — 1081
1611+ (1)(a) A prospective purchaser parcel owner in a community 1082
1612+must be presented a disclosure summary before executing the 1083
1613+contract for sale. The disclosure summary must be in a form 1084
1614+substantially similar to the following form: 1085
1615+DISCLOSURE SUMMARY 1086
1616+FOR 1087
1617+(NAME OF COMMUNITY) 1088
1618+ 1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL 1089
1619+BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION. 1090
1620+ 2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE 1091
1621+COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS 1092
1622+COMMUNITY. 1093
1623+ 3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE 1094
1624+ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF 1095
1625+APPLICABLE, THE CURRENT AMOUNT IS $.... PER ..... YOU WILL ALSO 1096
1626+BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE 1097
1627+ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJE CT TO CHANGE. 1098
1628+IF APPLICABLE, THE CURRENT AMOUNT IS $.... PER ..... 1099
1629+ 4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE 1100
1630+
1631+CS/HB 983 2025
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16381638 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
16391639
16401640
16411641
1642- 2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE 1101
1643-COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS 1102
1644-COMMUNITY. 1103
1645- 3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE 1104
1646-ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF 1105
1647-APPLICABLE, THE CURRENT AMOUNT IS $.... PER ..... YOU WILL ALSO 1106
1648-BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE 1107
1649-ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. 1108
1650-IF APPLICABLE, THE CURRENT AMOUNT IS $.... PER ..... 1109
1651- 4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE 1110
1652-RESPECTIVE MUNICIPALITY, COUNTY, OR SPE CIAL DISTRICT. ALL 1111
1653-ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. 1112
1654- 5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS 1113
1655-LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A 1114
1656-LIEN ON YOUR PROPERTY. 1115
1657- 6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES 1116
1658-FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN 1117
1659-OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF 1118
1660-APPLICABLE, THE CURRENT AMOUNT IS $.... PER ..... 1119
1661- 7. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE 1120
1662-RESTRICTIVE COVENANTS W ITHOUT THE APPROVAL OF THE ASSOCIATION 1121
1663-MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. 1122
1664- 8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE 1123
1665-ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU 1124
1666-SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING 1125
1667-
1668-CS/CS/HB 983 2025
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1673-hb983-02-c2
1642+RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL 1101
1643+ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. 1102
1644+ 5. YOUR FAILURE TO PAY SP ECIAL ASSESSMENTS OR ASSESSMENTS 1103
1645+LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A 1104
1646+LIEN ON YOUR PROPERTY. 1105
1647+ 6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES 1106
1648+FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN 1107
1649+OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF 1108
1650+APPLICABLE, THE CURRENT AMOUNT IS $.... PER ..... 1109
1651+ 7. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE 1110
1652+RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION 1111
1653+MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. 1112
1654+ 8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE 1113
1655+ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU 1114
1656+SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING 1115
1657+DOCUMENTS BEFORE PURCHASING PROPERTY. 1116
1658+ 9. YOU ACKNOWLEDGE THAT YOU ARE ENTITLE D TO RECEIVE A 1117
1659+CURRENT COPY OF THE ASSOCIATION'S BYLAWS, ARTICLES OF 1118
1660+INCORPORATION, DECLARATION OF RESTRICTIONS, RULES AND 1119
1661+REGULATIONS, NOTICES PERTAINING TO SPECIAL ASSESSMENTS, THE MOST 1120
1662+RECENT FINANCIAL STATEMENTS, AND THE AGENDAS AND MINUTES FROM 1121
1663+ALL ASSOCIATION BOARD MEETINGS THAT TOOK PLACE IN THE 12 MONTHS 1122
1664+IMMEDIATELY PRECEDING THE EXECUTION OF THE CONTRACT FOR SALE 1123
1665+THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE 1124
1666+OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY 1125
1667+
1668+CS/HB 983 2025
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16751675 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
16761676
16771677
16781678
1679-DOCUMENTS BEFORE PURCHASING PROPERTY. 1126
1680- 9. YOU ACKNOWLEDGE THAT YOU ARE ENTITLED TO RECEIVE A 1127
1681-CURRENT COPY OF THE ASSOCIATION'S BYLAWS, ARTICLES OF 1128
1682-INCORPORATION, DECLARATION OF RESTRICTIONS, RULES AND 1129
1683-REGULATIONS, NOTICES PERTAINING TO SPECIAL ASSESSMENTS, THE MOST 1130
1684-RECENT FINANCIAL STATEMENTS, AND THE AGENDAS AND MINUTES FROM 1131
1685-ALL ASSOCIATION BOARD MEETINGS THAT TOOK PLACE IN THE 12 MONTHS 1132
1686-IMMEDIATELY PRECEDING THE EXECUTION OF THE CONTRACT FOR SALE 1133
1687-THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RE CORD AND CAN BE 1134
1688-OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY 1135
1689-IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE 1136
1690-DEVELOPER. 1137
1691-DATE: PURCHASER: 1138
1692-PURCHASER: 1139
1693-The disclosure summary must be supplied by the developer, or by 1140
1694-the parcel owner if the sale is by an owner that is not the 1141
1695-developer. Any contract or agreement for sale must shall refer 1142
1696-to and incorporate the disclosure summary and shall include, in 1143
1697-prominent language, a statement that the prospective purchaser 1144
1698-potential buyer should not execute the contract or agreement 1145
1699-until he or she has they have received and read the disclosure 1146
1700-summary required by this section. 1147
1701- (b) Each contract entered into for the sale of property 1148
1702-governed by covenants subject to disclosure required by t his 1149
1703-section must contain in conspicuous type a clause that states: 1150
1704-
1705-CS/CS/HB 983 2025
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1710-hb983-02-c2
1679+IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE 1126
1680+DEVELOPER. 1127
1681+DATE: PURCHASER: 1128
1682+PURCHASER: 1129
1683+The disclosure summary must be supplied by the developer, or by 1130
1684+the parcel owner if the sale is by an owner that is not the 1131
1685+developer. Any contract or agreement for sale must shall refer 1132
1686+to and incorporate the disclosure summary and shall include, in 1133
1687+prominent language, a statement that the prospective purchaser 1134
1688+potential buyer should not execute the contract or agreement 1135
1689+until he or she has they have received and read the disclosure 1136
1690+summary required by this section. 1137
1691+ (b) Each contract entered into for the sale of property 1138
1692+governed by covenants subject to disclosure required by this 1139
1693+section must contain in conspicuous type a clause that states: 1140
1694+IF THE DISCLOSURE SUMMA RY; A CURRENT COPY OF THE ASSOCIATION'S 1141
1695+BYLAWS, ARTICLES OF INCORPORATION, DECLARATION OF RESTRICTIONS, 1142
1696+RULES AND REGULATIONS, NOTICES PERTAINING TO SPECIAL 1143
1697+ASSESSMENTS, AND MOST RECENT FINANCIAL STATEMENTS; AND THE 1144
1698+AGENDAS AND MINUTES FROM ALL ASSOCIATION BOARD MEETINGS THAT 1145
1699+TOOK PLACE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EXECUTION 1146
1700+OF THIS CONTRACT, AS REQUIRED BY SECTION 720.401, FLORIDA 1147
1701+STATUTES, HAVE HAS NOT BEEN PROVIDED TO THE PROSPECTIVE 1148
1702+PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS C ONTRACT 1149
1703+IS VOIDABLE BY THE PROSPECTIVE PURCHASER BUYER BY DELIVERING TO 1150
1704+
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17111711 Page 47 of 64
17121712 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
17131713
17141714
17151715
1716-IF THE DISCLOSURE SUMMARY ; A CURRENT COPY OF THE ASSOCIATION'S 1151
1717-BYLAWS, ARTICLES OF INCORPORATION, DECLARATION OF RESTRICTIONS, 1152
1718-RULES AND REGULATIONS, NOTICES PERTAINING TO SPECIAL 1153
1719-ASSESSMENTS, AND MOST RECENT FINANCIAL STATEMENTS; AND THE 1154
1720-AGENDAS AND MINUTES FROM ALL ASSOCIATION BOARD MEETINGS THAT 1155
1721-TOOK PLACE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EXECUTION 1156
1722-OF THIS CONTRACT, AS REQUIRED BY SECTION 720.401, FLORIDA 1157
1723-STATUTES, HAVE HAS NOT BEEN PROVIDED TO THE PROSPECTIVE 1158
1724-PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT 1159
1725-IS VOIDABLE BY THE PROSPECTIVE PURCHASER BUYER BY DELIVERING TO 1160
1726-THE SELLER OR THE SELLER'S AGENT OR REPRESENTATIVE WRITTEN 1161
1727-NOTICE OF THE PROSPECTIVE PURCHASER'S BUYER'S INTENTION TO 1162
1728-CANCEL WITHIN 3 DAYS , EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 1163
1729-HOLIDAYS, AFTER RECEIPT OF SUCH DOCUMENTS OR BEFORE THE 1164
1730-DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. 1165
1731-ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. 1166
1732-THE PROSPECTIVE PURCHASER'S BUYER'S RIGHT TO VOID THIS CONTRACT 1167
1733-TERMINATES SHALL TERMINATE AT CLOSING. 1168
1734- (c) If the disclosure summary ; a current copy of the 1169
1735-association's bylaws, articles of incorporation, declaration of 1170
1736-restrictions, rules and regulations, notices pertaining to 1171
1737-special assessments, and most recent financial statements; and 1172
1738-the agendas and minutes from all association board meetings that 1173
1739-took place in the 12 months immediately preceding the execution 1174
1740-of a contract are is not provided to a prospective purchaser 1175
1741-
1742-CS/CS/HB 983 2025
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1747-hb983-02-c2
1716+THE SELLER OR THE SELLER'S AGENT OR REPRESENTATIVE WRITTEN 1151
1717+NOTICE OF THE PROSPECTIVE PURCHASER'S BUYER'S INTENTION TO 1152
1718+CANCEL WITHIN 3 DAYS , EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 1153
1719+HOLIDAYS, AFTER RECEIPT OF SUCH DOCUMENTS OR BEFORE THE 1154
1720+DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. 1155
1721+ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. 1156
1722+THE PROSPECTIVE PURCHASER'S BUYER'S RIGHT TO VOID THIS CONTRACT 1157
1723+TERMINATES SHALL TERMINATE AT CLOSING. 1158
1724+ (c) If the disclosure summary ; a current copy of the 1159
1725+association's bylaws, articles of incorporation, declaration of 1160
1726+restrictions, rules and regulations, notices pertaining to 1161
1727+special assessments, and most recent financial st atements; and 1162
1728+the agendas and minutes from all association board meetings that 1163
1729+took place in the 12 months immediately preceding the execution 1164
1730+of a contract are is not provided to a prospective purchaser 1165
1731+before such the purchaser executes a contract for th e sale of 1166
1732+property governed by covenants that are subject to disclosure 1167
1733+pursuant to this section, the prospective purchaser may void the 1168
1734+contract by delivering to the seller or the seller's agent or 1169
1735+representative written notice canceling the contract with in 3 1170
1736+days, excluding Saturdays, Sundays, and legal holidays, after 1171
1737+receipt of such documents or before the disclosure summary or 1172
1738+prior to closing, whichever occurs first. This right may not be 1173
1739+waived by the prospective purchaser but terminates at closing. 1174
1740+ Section 8. For the purpose of incorporating the amendments 1175
1741+
1742+CS/HB 983 2025
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17491749 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
17501750
17511751
17521752
1753-before such the purchaser executes a contract for the sale of 1176
1754-property governed by covenants that are subject to disclosure 1177
1755-pursuant to this section, the prospective purchaser may void the 1178
1756-contract by delivering t o the seller or the seller's agent or 1179
1757-representative written notice canceling the contract within 3 1180
1758-days, excluding Saturdays, Sundays, and legal holidays, after 1181
1759-receipt of such documents or before the disclosure summary or 1182
1760-prior to closing, whichever occu rs first. This right may not be 1183
1761-waived by the prospective purchaser but terminates at closing. 1184
1762- Section 8. For the purpose of incorporating the amendments 1185
1763-made by this act to section 720.306, Florida Statutes, in a 1186
1764-reference thereto, paragraph (b) of su bsection (4) of section 1187
1765-720.3033, Florida Statutes, is reenacted to read: 1188
1766- 720.3033 Officers and directors. — 1189
1767- (4) 1190
1768- (b) The board shall fill the vacancy as provided in s. 1191
1769-720.306(9) until the end of the period of the suspension or the 1192
1770-end of the director' s term of office, whichever occurs first. If 1193
1771-such criminal charge is pending against the officer or director, 1194
1772-he or she may not be appointed or elected to a position as an 1195
1773-officer or a director of any association and may not have access 1196
1774-to the official records of any association, except pursuant to a 1197
1775-court order. However, if the charges are resolved without a 1198
1776-finding of guilt or without acceptance of a plea of guilty or 1199
1777-nolo contendere, the director or officer shall be reinstated for 1200
1778-
1779-CS/CS/HB 983 2025
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1784-hb983-02-c2
1753+made by this act to section 720.306, Florida Statutes, in a 1176
1754+reference thereto, paragraph (b) of subsection (4) of section 1177
1755+720.3033, Florida Statutes, is reenacted to read: 1178
1756+ 720.3033 Officers a nd directors.— 1179
1757+ (4) 1180
1758+ (b) The board shall fill the vacancy as provided in s. 1181
1759+720.306(9) until the end of the period of the suspension or the 1182
1760+end of the director's term of office, whichever occurs first. If 1183
1761+such criminal charge is pending against the office r or director, 1184
1762+he or she may not be appointed or elected to a position as an 1185
1763+officer or a director of any association and may not have access 1186
1764+to the official records of any association, except pursuant to a 1187
1765+court order. However, if the charges are resolved without a 1188
1766+finding of guilt or without acceptance of a plea of guilty or 1189
1767+nolo contendere, the director or officer shall be reinstated for 1190
1768+any remainder of his or her term of office. 1191
1769+ Section 9. For the purpose of incorporating the amendment 1192
1770+made by this act to section 720.306, Florida Statutes, in a 1193
1771+reference thereto, subsection (6) of section 720.405, Florida 1194
1772+Statutes, is reenacted to read: 1195
1773+ 720.405 Organizing committee; parcel owner approval. — 1196
1774+ (6) A majority of the affected parcel owners must agree in 1197
1775+writing to the revived declaration of covenants and governing 1198
1776+documents of the association or approve the revived declaration 1199
1777+and governing documents by a vote at a meeting of the affected 1200
1778+
1779+CS/HB 983 2025
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17861786 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
17871787
17881788
17891789
1790-any remainder of his or her term of office. 1201
1791- Section 9. For the purpose of incorporating the amendment 1202
1792-made by this act to section 720.306, Florida Statutes, in a 1203
1793-reference thereto, subsection (6) of section 720.405, Florida 1204
1794-Statutes, is reenacted to read: 1205
1795- 720.405 Organizing committee; parcel owner approval. — 1206
1796- (6) A majority of the affected parcel owners must agree in 1207
1797-writing to the revived declaration of covenants and governing 1208
1798-documents of the association or approve the revived declaration 1209
1799-and governing documents by a vot e at a meeting of the affected 1210
1800-parcel owners noticed and conducted in the manner prescribed by 1211
1801-s. 720.306. Proof of notice of the meeting to all affected 1212
1802-owners of the meeting and the minutes of the meeting recording 1213
1803-the votes of the property owners shall be certified by a court 1214
1804-reporter or an attorney licensed to practice in the state. 1215
1805- Section 10. Part IV of chapter 720, Florida Statutes, 1216
1806-consisting of ss. 720.408 through 720.413, is created and 1217
1807-entitled "Recreational Covenants." 1218
1808- Section 11. Section 720.408, Florida Statutes, is created 1219
1809-to read: 1220
1810- 720.408 Definitions. —As used in this part, the term: 1221
1811- (1) "Amenity dues" means all amenity expenses and amenity 1222
1812-fees, collectively, that are charged in accordance with a 1223
1813-recreational covenant. Amenity due s are not homeowners' 1224
1814-association assessments as defined in s. 720.301. 1225
1815-
1816-CS/CS/HB 983 2025
1817-
1818-
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1821-hb983-02-c2
1790+parcel owners noticed and conducted in the manner prescribed by 1201
1791+s. 720.306. Proof of notice of the meeting to all affected 1202
1792+owners of the meeting and the minutes of the meeting recording 1203
1793+the votes of the property owners shall be certified by a court 1204
1794+reporter or an attorney licensed to practice in the state. 1205
1795+ Section 10. Part IV of chapter 720, Florida Statutes, 1206
1796+consisting of ss. 720.408 through 720.413, is created and 1207
1797+entitled "Recreational Covenants." 1208
1798+ Section 11. Section 720.408, Florida Statutes, is created 1209
1799+to read: 1210
1800+ 720.408 Definitions. —As used in this part, t he term: 1211
1801+ (1) "Amenity dues" means all amenity expenses and amenity 1212
1802+fees, collectively, that are charged in accordance with a 1213
1803+recreational covenant. Amenity dues are not homeowners' 1214
1804+association assessments as defined in s. 720.301. 1215
1805+ (2) "Amenity expenses" means all costs, whether direct or 1216
1806+indirect, of owning, operating, managing, maintaining, and 1217
1807+insuring privately-owned recreational amenities that are made 1218
1808+available to parcel owners pursuant to a recreational covenant. 1219
1809+The term includes maintenance expen ses; cleaning fees; trash 1220
1810+collection expenses; utility charges; cable service charges; 1221
1811+legal fees; management fees; reserve funding expenses; the cost 1222
1812+of repairs, replacement, and refurbishments; payroll and payroll 1223
1813+costs; insurance; working capital; ad va lorem or other taxes, 1224
1814+excluding income taxes; and costs, expenses, levies, and charges 1225
1815+
1816+CS/HB 983 2025
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18221822 Page 50 of 64
18231823 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
18241824
18251825
18261826
1827- (2) "Amenity expenses" means all costs, whether direct or 1226
1828-indirect, of owning, operating, managing, maintaining, and 1227
1829-insuring privately-owned recreational amenities that are made 1228
1830-available to parcel owners pursuant to a recreational covenant. 1229
1831-The term includes maintenance expenses; cleaning fees; trash 1230
1832-collection expenses; utility charges; cable service charges; 1231
1833-legal fees; management fees; reserve funding expenses; the cost 1232
1834-of repairs, replacement, and refurbishments; payroll and payroll 1233
1835-costs; insurance; working capital; ad valorem or other taxes, 1234
1836-excluding income taxes; and costs, expenses, levies, and charges 1235
1837-of any nature that may be levied or imposed against, or in 1236
1838-connection with, the privately-owned recreational amenities made 1237
1839-available to parcel owners pursuant to a recreational covenant. 1238
1840-Amenity expenses are not homeowners' association assessments as 1239
1841-defined in s. 720.301. 1240
1842- (3) "Amenity fees" means any amounts, other than amen ity 1241
1843-expenses, that are levied against a parcel owner for membership 1242
1844-to or use of privately -owned recreational amenities in 1243
1845-accordance with a recreational covenant. Amenity fees may be 1244
1846-comprised, in part, of profit or other components to be paid to 1245
1847-a private amenities owner as set forth in a recreational 1246
1848-covenant, which are not otherwise categorized as amenity 1247
1849-expenses in this part. Amenity fees are not homeowners' 1248
1850-association assessments as defined in s. 720.301. 1249
1851- (4) "Private amenities owner" means the re cord title owner 1250
1852-
1853-CS/CS/HB 983 2025
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1858-hb983-02-c2
1827+of any nature that may be levied or imposed against, or in 1226
1828+connection with, the privately -owned recreational amenities made 1227
1829+available to parcel owners pursuant to a recr eational covenant. 1228
1830+Amenity expenses are not homeowners' association assessments as 1229
1831+defined in s. 720.301. 1230
1832+ (3) "Amenity fees" means any amounts, other than amenity 1231
1833+expenses, that are levied against a parcel owner for membership 1232
1834+to or use of privately -owned recreational amenities in 1233
1835+accordance with a recreational covenant. Amenity fees may be 1234
1836+comprised, in part, of profit or other components to be paid to 1235
1837+a private amenities owner as set forth in a recreational 1236
1838+covenant, which are not otherwise categorized as amenity 1237
1839+expenses in this part. Amenity fees are not homeowners' 1238
1840+association assessments as defined in s. 720.301. 1239
1841+ (4) "Private amenities owner" means the record title owner 1240
1842+of privately-owned recreational amenities who is responsible for 1241
1843+the operation and maintenance of the privately -owned 1242
1844+recreational amenities and who may levy amenity dues pursuant to 1243
1845+a recreational covenant. For purposes of this part, the term 1244
1846+does not include corporations not for profit pursuant to chapter 1245
1847+617 or local governmental entities, including special districts. 1246
1848+ (5) "Privately-owned recreational amenities" means 1247
1849+recreational facilities or amenities owned by a private 1248
1850+amenities owner which are intended for recreational use or 1249
1851+leisure activities by a parcel owner through man datory 1250
1852+
1853+CS/HB 983 2025
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18601860 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
18611861
18621862
18631863
1864-of privately-owned recreational amenities who is responsible for 1251
1865-the operation and maintenance of the privately -owned 1252
1866-recreational amenities and who may levy amenity dues pursuant to 1253
1867-a recreational covenant. For purposes of this part, the term 1254
1868-does not include corporations not for profit pursuant to chapter 1255
1869-617 or local governmental entities, including special districts. 1256
1870- (5) "Privately-owned recreational amenities" means 1257
1871-recreational facilities or amenities owned by a private 1258
1872-amenities owner which are intended for recreational use or 1259
1873-leisure activities by a parcel owner through mandatory 1260
1874-membership or use rights established pursuant to a recreational 1261
1875-covenant. The term does not include common areas as defined in 1262
1876-s. 720.301, any property or facilities owned by a corporation 1263
1877-not for profit pursuant to chapter 617, or a local governmental 1264
1878-entity, including a special district. 1265
1879- (6) "Recreational covenant" means a recorded covenant, 1266
1880-separate and distinct from a declaration of covenants for a 1267
1881-homeowners' association, that sets forth the nature and 1268
1882-requirements for membership, use, or purchase of privately -owned 1269
1883-recreational amenities by parcel owners in one or more 1270
1884-community. A recreational covenant must: 1271
1885- (a) Be recorded in the public records of the county in 1272
1886-which the property encumbered thereby is located. 1273
1887- (b) Contain information regarding the amenity dues that 1274
1888-may be levied against a parcel owner or other persons to be 1275
1889-
1890-CS/CS/HB 983 2025
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1895-hb983-02-c2
1864+membership or use rights established pursuant to a recreational 1251
1865+covenant. The term does not include common areas as defined in 1252
1866+s. 720.301, any property or facilities owned by a corporation 1253
1867+not for profit pursuant to chapter 617, or a local governmen tal 1254
1868+entity, including a special district. 1255
1869+ (6) "Recreational covenant" means a recorded covenant, 1256
1870+separate and distinct from a declaration of covenants for a 1257
1871+homeowners' association, that sets forth the nature and 1258
1872+requirements for membership, use, or purc hase of privately-owned 1259
1873+recreational amenities by parcel owners in one or more 1260
1874+community. A recreational covenant must: 1261
1875+ (a) Be recorded in the public records of the county in 1262
1876+which the property encumbered thereby is located. 1263
1877+ (b) Contain information regarding the amenity dues that 1264
1878+may be levied against a parcel owner or other persons to be 1265
1879+members or permitted to use privately -owned recreational 1266
1880+amenities. The recreational covenant must also contain the 1267
1881+remedies that the private amenities owner or oth er third party 1268
1882+may have in connection with nonpayment of amenity dues. 1269
1883+ (c) Require mandatory membership or mandatory payment of 1270
1884+amenity dues by some or all of the parcel owners in a community. 1271
1885+ Section 12. Section 720.409, Florida Statutes, is created 1272
1886+to read: 1273
1887+ 720.409 Legislative findings; purpose; applicability. — 1274
1888+ (1) The Legislature finds that recreational covenants are 1275
1889+
1890+CS/HB 983 2025
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18971897 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
18981898
18991899
19001900
1901-members or permitted to use privately -owned recreational 1276
1902-amenities. The recreational covenant must also contain the 1277
1903-remedies that the private amenities owner or other third party 1278
1904-may have in connection with nonpayment of amenity dues. 1279
1905- (c) Require mandatory membership or mandatory payment of 1280
1906-amenity dues by some or all of t he parcel owners in a community. 1281
1907- Section 12. Section 720.409, Florida Statutes, is created 1282
1908-to read: 1283
1909- 720.409 Legislative findings; purpose; applicability. — 1284
1910- (1) The Legislature finds that recreational covenants are 1285
1911-widely used throughout this state as a mechanism to provide 1286
1912-enhanced recreational amenities to communities, but these 1287
1913-covenants are largely unregulated. The Legislature also finds 1288
1914-that there is a need to develop certain protections for parcel 1289
1915-owners while encouraging the economic benefit o f the development 1290
1916-and availability of privately -owned recreational amenities by 1291
1917-providing the means for private amenities owners to operate such 1292
1918-privately-owned recreational amenities pursuant to a 1293
1919-recreational covenant. The Legislature declares that it is the 1294
1920-public policy of this state that recreational covenants be 1295
1921-governed by this part. 1296
1922- (2) This part is intended to provide certain protections 1297
1923-for parcel owners and give statutory recognition to the use of 1298
1924-recreational covenants. 1299
1925- (3) Parcels within a community may be subject to a 1300
1926-
1927-CS/CS/HB 983 2025
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1932-hb983-02-c2
1901+widely used throughout this state as a mechanism to provide 1276
1902+enhanced recreational amenities to communities, but these 1277
1903+covenants are largely unregulated. The Legislature also finds 1278
1904+that there is a need to develop certain protections for parcel 1279
1905+owners while encouraging the economic benefit of the development 1280
1906+and availability of privately -owned recreational amenities by 1281
1907+providing the means for private amenities owners to operate such 1282
1908+privately-owned recreational amenities pursuant to a 1283
1909+recreational covenant. The Legislature declares that it is the 1284
1910+public policy of this state that recreational covenants be 1285
1911+governed by this part. 1286
1912+ (2) This part is intended to provide certain protections 1287
1913+for parcel owners and give statutory recognition to the use of 1288
1914+recreational covenants. 1289
1915+ (3) Parcels within a community may be subject to a 1290
1916+recreational covenant. Recreational covenants and any privately -1291
1917+owned recreational amenities governed by such covenants may only 1292
1918+be governed by this part and s. 720.3086(2). 1293
1919+ (4) This part does not apply to recorded covenants, 1294
1920+agreements, or other documents that are not recreational 1295
1921+covenants. 1296
1922+ (5) This part applies t o recreational covenants existing 1297
1923+on or after July 1, 2025. 1298
1924+ Section 13. Section 720.412, Florida Statutes, is created 1299
1925+to read: 1300
1926+
1927+CS/HB 983 2025
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1929+
1930+
1931+CODING: Words stricken are deletions; words underlined are additions.
1932+hb983-01-c1
19331933 Page 53 of 64
19341934 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
19351935
19361936
19371937
1938-recreational covenant. Recreational covenants and any privately -1301
1939-owned recreational amenities governed by such covenants may only 1302
1940-be governed by this part and s. 720.3086(2). 1303
1941- (4) This part does not apply to recorded covenants , 1304
1942-agreements, or other documents that are not recreational 1305
1943-covenants. 1306
1944- (5) This part applies to recreational covenants existing 1307
1945-on or after July 1, 2025. 1308
1946- Section 13. Section 720.412, Florida Statutes, is created 1309
1947-to read: 1310
1948- 720.412 Requirements for rec reational covenants. — 1311
1949- (1) A recreational covenant recorded on or after July 1, 1312
1950-2025, that requires mandatory membership in a club or imposes 1313
1951-mandatory amenity dues on a parcel owner in a community governed 1314
1952-by this chapter must specify all of the followin g: 1315
1953- (a) The property or parcels within the community subject 1316
1954-to mandatory membership in a club or subject to mandatory 1317
1955-amenity dues. 1318
1956- (b) The party responsible for owning, maintaining, and 1319
1957-operating the privately -owned recreational amenities governed by 1320
1958-the recreational covenant. 1321
1959- (c)1. The manner or process by which amenity dues are 1322
1960-apportioned and collected from the encumbered parcels or parcel 1323
1961-owners and the party responsible for collecting the amenity 1324
1962-dues. 1325
1963-
1964-CS/CS/HB 983 2025
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1966-
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1969-hb983-02-c2
1938+ 720.412 Requirements for recreational covenants. — 1301
1939+ (1) A recreational covenant recorded on or after July 1, 1302
1940+2025, that requires mandatory membership in a club or imposes 1303
1941+mandatory amenity dues on a parcel owner in a community governed 1304
1942+by this chapter must specify all of the following: 1305
1943+ (a) The property or parcels within the community subject 1306
1944+to mandatory membership in a club or subject to mandatory 1307
1945+amenity dues. 1308
1946+ (b) The party responsible for owning, maintaining, and 1309
1947+operating the privately -owned recreational amenities governed by 1310
1948+the recreational covenant. 1311
1949+ (c)1. The manner or process by which amenity dues are 1312
1950+apportioned and collected from the encumbered parcels or parcel 1313
1951+owners and the party responsible for collecting the amenity 1314
1952+dues. 1315
1953+ 2. Except as provided in subsection (5), this section does 1316
1954+not preclude additional components to be included in the amenity 1317
1955+dues as long as such components and the description of such 1318
1956+components are stated in the recreational covenant. 1319
1957+ (d) The amount of the amenity fees or, alternatively, if 1320
1958+no specific dollar amount is set forth in the recreational 1321
1959+covenant, the manner in which such ame nity fees are calculated 1322
1960+and increased. 1323
1961+ (e) The amount by which amenity fees may be increased, 1324
1962+which may be calculated as a percentage, a fixed dollar amount, 1325
1963+
1964+CS/HB 983 2025
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19711971 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
19721972
19731973
19741974
1975- 2. Except as provided in subsection (5), this section does 1326
1976-not preclude additional components to be included in the amenity 1327
1977-dues as long as such components and the description of such 1328
1978-components are stated in the recreational covenant. 1329
1979- (d) The amount of the amenity fees or, alternatively, if 1330
1980-no specific dollar amount is set forth in the recreational 1331
1981-covenant, the manner in which such amenity fees are calculated 1332
1982-and increased. 1333
1983- (e) The amount by which amenity fees may be increased, 1334
1984-which may be calculated as a percentage, a fixed dollar amount, 1335
1985-or the consumer price index. 1336
1986- (f) The rights and remedies that are available to enforce 1337
1987-the payment of amenity dues. 1338
1988- (g) Whether the collection rights to enforce the payment 1339
1989-of amenity dues are subordinate to an association's right to 1340
1990-collect assessments. 1341
1991- (h) Whether the privately -owned recreational amenities are 1342
1992-open to the public or may be used by other persons who are not 1343
1993-members or parcel owners within a community. 1344
1994- (i) The remedies available to a private amenities owner 1345
1995-for the nonpayment of amen ity dues. 1346
1996- (2) A recreational covenant recorded before July 1, 2025: 1347
1997- (a) That requires mandatory membership in a club or 1348
1998-imposes mandatory amenity dues on a parcel owner in a community 1349
1999-governed by this chapter remains valid and effective as to its 1350
2000-
2001-CS/CS/HB 983 2025
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1975+or the consumer price index. 1326
1976+ (f) The rights and remedies that are available to enforce 1327
1977+the payment of amenity dues. 1328
1978+ (g) Whether the collection rights to enforce the payment 1329
1979+of amenity dues are subordinate to an association's right to 1330
1980+collect assessments. 1331
1981+ (h) Whether the privately -owned recreational amenities are 1332
1982+open to the public or may be us ed by other persons who are not 1333
1983+members or parcel owners within a community. 1334
1984+ (i) The remedies available to a private amenities owner 1335
1985+for the nonpayment of amenity dues. 1336
1986+ (2) A recreational covenant recorded before July 1, 2025: 1337
1987+ (a) That requires manda tory membership in a club or 1338
1988+imposes mandatory amenity dues on a parcel owner in a community 1339
1989+governed by this chapter remains valid and effective as to its 1340
1990+terms as long as such covenant includes the information required 1341
1991+in paragraphs (1)(a) -(d). 1342
1992+ (b) That does not include the information required in 1343
1993+paragraphs (1)(a)-(d) must be amended to include such 1344
1994+information before July 1, 2026, to remain valid and effective. 1345
1995+ (c) That does not specify the amount by which the amenity 1346
1996+fees may be increased as required in paragraph (e) is considered 1347
1997+to include a maximum annual increase of no more than the annual 1348
1998+increase for the current year in the Consumer Price Index for 1349
1999+All Urban Consumers, U.S. City Average, All Items. 1350
2000+
2001+CS/HB 983 2025
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20072007 Page 55 of 64
20082008 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
20092009
20102010
20112011
2012-terms as long as such covenant includes the information required 1351
2013-in paragraphs (1)(a) -(d). 1352
2014- (b) That does not include the information required in 1353
2015-paragraphs (1)(a)-(d) must be amended to include such 1354
2016-information before July 1, 2026, to remain valid and effecti ve. 1355
2017- (c) That does not specify the amount by which the amenity 1356
2018-fees may be increased as required in paragraph (e) is considered 1357
2019-to include a maximum annual increase of no more than the annual 1358
2020-increase for the current year in the Consumer Price Index for 1359
2021-All Urban Consumers, U.S. City Average, All Items. 1360
2022- (3) With respect to a recreational covenant recorded on or 1361
2023-after July 1, 2025, and notwithstanding any provision to the 1362
2024-contrary in the recreational covenant, a recreational covenant 1363
2025-that does not specify the amount by which amenity expenses may 1364
2026-be increased is considered to include a maximum annual increase 1365
2027-of no more than 25 percent of the amenity expenses from the 1366
2028-preceding fiscal year. However, a private amenities owner may 1367
2029-increase amenity expenses in excess of such amount if necessary 1368
2030-due to a natural disaster; act of God; increases in insurance 1369
2031-costs, utility rates, supply costs, or labor rates; or any other 1370
2032-circumstances outside of the reasonable control of the private 1371
2033-amenities owner. 1372
2034- (4) Notwithstanding any provision to the contrary in the 1373
2035-recreational covenant, a homeowners' association does not have 1374
2036-any obligation, duty, or responsibility to collect amenity dues 1375
2037-
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2012+ (3) With respect to a recreational co venant recorded on or 1351
2013+after July 1, 2025, and notwithstanding any provision to the 1352
2014+contrary in the recreational covenant, a recreational covenant 1353
2015+that does not specify the amount by which amenity expenses may 1354
2016+be increased is considered to include a maximum annual increase 1355
2017+of no more than 25 percent of the amenity expenses from the 1356
2018+preceding fiscal year. However, a private amenities owner may 1357
2019+increase amenity expenses in excess of such amount if necessary 1358
2020+due to a natural disaster; act of God; increases in i nsurance 1359
2021+costs, utility rates, supply costs, or labor rates; or any other 1360
2022+circumstances outside of the reasonable control of the private 1361
2023+amenities owner. 1362
2024+ (4) Notwithstanding any provision to the contrary in the 1363
2025+recreational covenant, a homeowners' associ ation does not have 1364
2026+any obligation, duty, or responsibility to collect amenity dues 1365
2027+or to remit amenity dues to the private amenities owner. A 1366
2028+private amenities owner, or his or her management company or 1367
2029+agent, other than the association, is solely respons ible for the 1368
2030+collection of amenity dues. 1369
2031+ (5) Amenity expenses may not include any of the following: 1370
2032+ (a) The initial cost of construction of the privately -1371
2033+owned recreational amenities. 1372
2034+ (b) Any costs or fees associated with a loan acquired for 1373
2035+the construction or purchase of the privately -owned recreational 1374
2036+amenities. 1375
2037+
2038+CS/HB 983 2025
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20452045 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
20462046
20472047
20482048
2049-or to remit amenity dues to the private amenities owner. A 1376
2050-private amenities owner, or his or her management company or 1377
2051-agent, other than the association, is solely responsible for the 1378
2052-collection of amenity dues. 1379
2053- (5) Amenity expenses may not include any of the following: 1380
2054- (a) The initial cost of construction of the privately -1381
2055-owned recreational amenities. 1382
2056- (b) Any costs or fees associated with a loan acquired for 1383
2057-the construction or purchase of the privately -owned recreational 1384
2058-amenities. 1385
2059- (c) The cost of a debt service of the private amenities 1386
2060-owner. 1387
2061- (6) The termination of a recreat ional covenant or the 1388
2062-right of a private amenities owner to suspend the use of the 1389
2063-privately-owned recreational amenities may not: 1390
2064- (a) Prohibit a parcel owner or tenant of a parcel owner 1391
2065-from having vehicular and pedestrian ingress to and egress from 1392
2066-the property or parcels subject to the recreational covenant; 1393
2067- (b) Prohibit a parcel owner or tenant of a parcel owner 1394
2068-from receiving utilities provided to the property or parcels 1395
2069-subject to the recreational covenant by virtue of utility 1396
2070-facilities or utilit y easements located within the privately -1397
2071-owned recreational amenities; or 1398
2072- (c) Prohibit a parcel owner or tenant of a parcel owner 1399
2073-from having access to any mail delivery facilities serving the 1400
2074-
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2049+ (c) The cost of a debt service of the private amenities 1376
2050+owner. 1377
2051+ (6) The termination of a recreational covenant or the 1378
2052+right of a private amenities owner to suspend the use of the 1379
2053+privately-owned recreational amenities may not: 1380
2054+ (a) Prohibit a parcel owner or tenant of a parcel owner 1381
2055+from having vehicular and pedestrian ingress to and egress from 1382
2056+the property or parcels subject to the recreational covenant; 1383
2057+ (b) Prohibit a parcel owner or tenant of a parcel owner 1384
2058+from receiving utilities provided to the property or parcels 1385
2059+subject to the recreational covenant by virtue of utility 1386
2060+facilities or utility easements located within the privately -1387
2061+owned recreational amenities; or 1388
2062+ (c) Prohibit a parcel owner or tenant of a parcel owner 1389
2063+from having access to any mail delivery facilities serving the 1390
2064+property or parcels subject to the recreational covenant which 1391
2065+may be located within the privately -owned recreational 1392
2066+amenities. 1393
2067+ (7) A recreational covenant is not a governing document of 1394
2068+a homeowners' association, even if such recreational covenant is 1395
2069+attached as an exhibit to a declaration of covenants for a 1396
2070+homeowners' association. This subsection is remedial in nature 1397
2071+and intended to clarify exist ing law. 1398
2072+ (8) It is the intent of the Legislature to respect the 1399
2073+intent of the parties to a real property transaction that 1400
2074+
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20822082 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
20832083
20842084
20852085
2086-property or parcels subject to the recreational covenant whic h 1401
2087-may be located within the privately -owned recreational 1402
2088-amenities. 1403
2089- (7) A recreational covenant is not a governing document of 1404
2090-a homeowners' association, even if such recreational covenant is 1405
2091-attached as an exhibit to a declaration of covenants for a 1406
2092-homeowners' association. This subsection is remedial in nature 1407
2093-and intended to clarify existing law. 1408
2094- (8) It is the intent of the Legislature to respect the 1409
2095-intent of the parties to a real property transaction that 1410
2096-occurred before July 1, 2025, and the parti es' reliance on the 1411
2097-covenants, conditions, restrictions, or other interests created 1412
2098-by those transactions. However, this section does not revive or 1413
2099-reinstate any right or interest that has been fully and finally 1414
2100-adjudicated as invalid before July 1, 2025. 1415
2101- Section 14. Section 720.413, Florida Statutes, is created 1416
2102-to read: 1417
2103- 720.413 Disclosure of recreational covenants before the 1418
2104-sale of residential parcels. — 1419
2105- (1) Beginning July 1, 2025, each contract or agreement for 1420
2106-the sale of a residential parcel tha t is governed by a 1421
2107-homeowners' association and subject to a recreational covenant 1422
2108-must contain the following disclosure summary in conspicuous 1423
2109-type and in substantially the following form: 1424
2110- 1425
2111-
2112-CS/CS/HB 983 2025
2113-
2114-
2115-
2116-CODING: Words stricken are deletions; words underlined are additions.
2117-hb983-02-c2
2086+occurred before July 1, 2025, and the parties' reliance on the 1401
2087+covenants, conditions, restrictions, or other interests created 1402
2088+by those transactions. However, this section does not revive or 1403
2089+reinstate any right or interest that has been fully and finally 1404
2090+adjudicated as invalid before July 1, 2025. 1405
2091+ Section 14. Section 720.413, Florida Statutes, is created 1406
2092+to read: 1407
2093+ 720.413 Disclosure of recreational covenants before the 1408
2094+sale of residential parcels. — 1409
2095+ (1) Beginning July 1, 2025, each contract or agreement for 1410
2096+the sale of a residential parcel that is governed by a 1411
2097+homeowners' association and subject to a recreational covenant 1412
2098+must contain the following disclosure summary in conspicuous 1413
2099+type and in substantially the following form: 1414
2100+ 1415
2101+DISCLOSURE SUMMARY 1416
2102+ 1417
2103+YOUR PARCEL IS SUBJECT TO A RECREATIONAL COVENANT. AS A 1418
2104+PURCHASER OF PROPERTY SUBJECT TO A RECREATIONAL COVENANT, YOU 1419
2105+ARE OBLIGATED TO PAY AMENITY DUES TO A PRIVATE AMENITIES OWNER. 1420
2106+ 1421
2107+AS THE PURCHASER OF SUCH PROPERTY, I ACKNOWLEDGE ALL OF THE 1422
2108+FOLLOWING: 1423
2109+ 1424
2110+1. THE PROPERTY ON WHICH THE PRIVATELY -OWNED RECREATIONAL 1425
2111+
2112+CS/HB 983 2025
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21192119 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
21202120
21212121
21222122
2123-DISCLOSURE SUMMARY 1426
2124- 1427
2125-YOUR PARCEL IS SUBJECT TO A RECREATIONAL COVEN ANT. AS A 1428
2126-PURCHASER OF PROPERTY SUBJECT TO A RECREATIONAL COVENANT, YOU 1429
2127-ARE OBLIGATED TO PAY AMENITY DUES TO A PRIVATE AMENITIES OWNER. 1430
2123+AMENITIES ARE LOCATED, WHICH ARE GOVERNED BY THE RECREATIONAL 1426
2124+COVENANT, IS NOT A COMMON AREA OF THE HOMEOWNERS' ASSOCIATION 1427
2125+AND IS NOT OWNED OR CONTROLLED BY THE HOMEOWNERS' ASSOCIATION. 1428
2126+THE RECREATIONAL COVENANT IS NOT A GOVERNING DOCUMENT OF THE 1429
2127+ASSOCIATION. 1430
21282128 1431
2129-AS THE PURCHASER OF SUCH PROPERTY, I ACKNOWLEDGE ALL OF THE 1432
2130-FOLLOWING: 1433
2131- 1434
2132-1. THE PROPERTY ON WHICH THE PRIVATELY -OWNED RECREATIONAL 1435
2133-AMENITIES ARE LOCATED, WHICH ARE GOVERNED BY THE RECREATIONAL 1436
2134-COVENANT, IS NOT A COMMON AREA OF THE HOMEOWNERS' ASSOCIATION 1437
2135-AND IS NOT OWNED OR CONTROLLED BY THE HOMEOWNERS' ASSOCIATION. 1438
2136-THE RECREATIONAL COVENANT IS NOT A GOVERNING DOCUMENT OF THE 1439
2137-ASSOCIATION. 1440
2129+2. THE AMOUNT OF ANY AMENITY DUES IS GOVERNED BY THE 1432
2130+RECREATIONAL COVENANT. SUCH DOCUMENT CONTAINS IMPORTANT 1433
2131+PROVISIONS AND RIGHTS AND IS A PUBLIC RECORD AND AVAILABLE UPON 1434
2132+REQUEST. 1435
2133+ 1436
2134+3. THE PRIVATE AMENITIES OWNER DETERMINES THE BUDGET FOR THE 1437
2135+OPERATION AND MAINTENANCE OF THE PRIVATELY -OWNED RECREATIONAL 1438
2136+AMENITIES. HOWEVER, EACH PARCEL OWNER SUBJECT TO THE 1439
2137+RECREATIONAL COVENANT IS STILL RESPONSIBLE FOR AMENITY DUES. 1440
21382138 1441
2139-2. THE AMOUNT OF ANY AMENITY DUES IS GOVERNED BY THE 1442
2140-RECREATIONAL COVENANT. SUCH DOCUMENT CONTAINS IMPORTANT 1443
2141-PROVISIONS AND RIGHTS AND IS A PUBLIC RECORD AND AVAILABLE UPON 1444
2142-REQUEST. 1445
2143- 1446
2144-3. THE PRIVATE AMENITIES OWNER DETERMINES THE BUDGET FOR THE 1447
2145-OPERATION AND MAINTENANCE OF THE PRIVATELY -OWNED RECREATIONAL 1448
2146-AMENITIES. HOWEVER, EACH PARCEL OWNER SUBJECT TO THE 1449
2147-RECREATIONAL COVENANT IS STILL RESPONSIBLE FOR AMENITY DUES. 1450
2148-
2149-CS/CS/HB 983 2025
2150-
2151-
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2153-CODING: Words stricken are deletions; words underlined are additions.
2154-hb983-02-c2
2139+4. AMENITY DUES MAY BE SUBJECT TO PERIODIC CHANGE. AMENITY DUES 1442
2140+ARE IN ADDITION TO, AND SEPARATE AND DISTINCT FROM, THE 1443
2141+ASSESSMENTS LEVIED BY THE ASSOCIATION. 1444
2142+ 1445
2143+5. THE FAILURE TO PAY AMENITY DUES OR OTHER CHARGES LEVIED BY A 1446
2144+PRIVATE AMENITIES OWNER COULD RESULT IN A LIEN ON YOUR PARCEL. 1447
2145+ 1448
2146+6. THIRD PARTIES WHO ARE NOT MEMBERS OF THE ASSOCIATION MAY 1449
2147+HAVE THE RIGHT TO ACCESS AND USE THE PRIVATELY -OWNED 1450
2148+
2149+CS/HB 983 2025
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21552155 Page 59 of 64
21562156 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
21572157
21582158
21592159
2160- 1451
2161-4. AMENITY DUES MAY BE SUBJECT TO PERIODIC CHANGE. AMENITY DUES 1452
2162-ARE IN ADDITION TO, AND SEPARATE AND DISTINCT FROM, THE 1453
2163-ASSESSMENTS LEVIED BY THE ASSOCIATION. 1454
2164- 1455
2165-5. THE FAILURE TO PAY AMENITY DUES OR OTHER CHARGES LEVIED BY A 1456
2166-PRIVATE AMENITIES OWNER COULD RESULT IN A LIEN ON YOUR PARCEL. 1457
2167- 1458
2168-6. THIRD PARTIES WHO ARE NOT MEMBERS OF THE ASSOCIATION MAY 1459
2169-HAVE THE RIGHT TO ACCESS AND USE THE PRIVATELY -OWNED 1460
2170-RECREATIONAL AMENITIES AS DETERMINED BY THE PRIVATE AMENITIES 1461
2171-OWNER. 1462
2172- 1463
2173-7. THE REQUIREMENT FOR MANDATORY MEMBERSHIP AND THE OBLIGATION 1464
2174-TO PAY AMENITY DUES CAN BE FOUND IN THE RECRE ATIONAL COVENANT OR 1465
2175-OTHER RECORDED INSTRUMENT. 1466
2176- 1467
2177-8. THE PRIVATE AMENITIES OWNER MAY AMEND THE RECREATIONAL 1468
2178-COVENANT WITHOUT THE APPROVAL OF THE ASSOCIATION OR PARCEL 1469
2179-OWNERS, SUBJECT TO THE TERMS OF THE RECREATIONAL COVENANT AND 1470
2180-SECTION 720.412, FLORIDA STA TUTES. 1471
2181- 1472
2182-9. THE STATEMENTS CONTAINED IN THIS DISCLOSURE ARE ONLY SUMMARY 1473
2183-IN NATURE AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO 1474
2184-THE RECREATIONAL COVENANT BEFORE PURCHASING A PARCEL. THE 1475
2185-
2186-CS/CS/HB 983 2025
2187-
2188-
2189-
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2191-hb983-02-c2
2160+RECREATIONAL AMENITIES AS DETERMINED BY THE PRIVATE AMENITIES 1451
2161+OWNER. 1452
2162+ 1453
2163+7. THE REQUIREMENT FOR MANDATORY MEMBERSHIP AND THE OBLIGATION 1454
2164+TO PAY AMENITY DUES CAN BE FOUND IN THE RECREATIONAL COVENANT OR 1455
2165+OTHER RECORDED INSTRUMENT. 1456
2166+ 1457
2167+8. THE PRIVATE AMENITIES OW NER MAY AMEND THE RECREATIONAL 1458
2168+COVENANT WITHOUT THE APPROVAL OF THE ASSOCIATION OR PARCEL 1459
2169+OWNERS, SUBJECT TO THE TERMS OF THE RECREATIONAL COVENANT AND 1460
2170+SECTION 720.412, FLORIDA STATUTES. 1461
2171+ 1462
2172+9. THE STATEMENTS CONTAINED IN THIS DISCLOSURE ARE ONLY SUMMARY 1463
2173+IN NATURE AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO 1464
2174+THE RECREATIONAL COVENANT BEFORE PURCHASING A PARCEL. THE 1465
2175+RECREATIONAL COVENANT IS A MATTER OF PUBLIC RECORD AND MAY BE 1466
2176+OBTAINED FROM THE RECORD OFFICE IN THE COUNTY IN WHICH THE 1467
2177+PARCEL YOU ARE PURCHASING IS LOCATED OR, IF NOT RECORDED, MAY BE 1468
2178+OBTAINED FROM THE DEVELOPER UPON REQUEST. 1469
2179+ 1470
2180+ (2) The disclosure summary required by this section must 1471
2181+be provided to a prospective purchaser by the developer or the 1472
2182+parcel owner selling the parcel. Any contra ct or agreement for 1473
2183+sale must refer to and incorporate the disclosure summary and 1474
2184+must include, in prominent language, a statement that the 1475
2185+
2186+CS/HB 983 2025
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21932193 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
21942194
21952195
21962196
2197-RECREATIONAL COVENANT IS A MATTER OF PUBLIC RECORD AND MAY BE 1476
2198-OBTAINED FROM THE RECORD OFFICE IN THE COUNTY IN WHICH THE 1477
2199-PARCEL YOU ARE PURCHASING IS LOCATED OR, IF NOT RECORDED, MAY BE 1478
2200-OBTAINED FROM THE DEVELOPER UPON REQUEST. 1479
2201- 1480
2202- (2) The disclosure summary required by this section must 1481
2203-be provided to a prospective p urchaser by the developer or the 1482
2204-parcel owner selling the parcel. Any contract or agreement for 1483
2205-sale must refer to and incorporate the disclosure summary and 1484
2206-must include, in prominent language, a statement that the 1485
2207-prospective purchaser should not execute the contract or 1486
2208-agreement for sale until he or she has received and read the 1487
2209-disclosure summary required by this section. 1488
2210- (3) A contract or agreement for sale is voidable by a 1489
2211-purchaser if the disclosure summary required by this section is 1490
2212-not provided to the purchaser before the execution of the 1491
2213-contract or agreement. In order to void the contract or 1492
2214-agreement, the purchaser must deliver written notice cancelling 1493
2215-the contract or agreement to the seller or the seller's agent or 1494
2216-representative within 3 da ys after receipt of the disclosure 1495
2217-summary or before closing, whichever occurs first. The 1496
2218-purchaser's right to void a contract or an agreement terminates 1497
2219-at closing. This right may not be waived by the purchaser. 1498
2220- Section 15. Paragraph (a) of subsection (1) of section 1499
2221-336.125, Florida Statutes, is amended to read: 1500
2222-
2223-CS/CS/HB 983 2025
2224-
2225-
2226-
2227-CODING: Words stricken are deletions; words underlined are additions.
2228-hb983-02-c2
2197+prospective purchaser should not execute the contract or 1476
2198+agreement for sale until he or she has received and read th e 1477
2199+disclosure summary required by this section. 1478
2200+ (3) A contract or agreement for sale is voidable by a 1479
2201+purchaser if the disclosure summary required by this section is 1480
2202+not provided to the purchaser before the execution of the 1481
2203+contract or agreement. In order to void the contract or 1482
2204+agreement, the purchaser must deliver written notice cancelling 1483
2205+the contract or agreement to the seller or the seller's agent or 1484
2206+representative within 3 days after receipt of the disclosure 1485
2207+summary or before closing, whichever occu rs first. The 1486
2208+purchaser's right to void a contract or an agreement terminates 1487
2209+at closing. This right may not be waived by the purchaser. 1488
2210+ Section 15. Paragraph (a) of subsection (1) of section 1489
2211+336.125, Florida Statutes, is amended to read: 1490
2212+ 336.125 Closing and abandonment of roads; optional 1491
2213+conveyance to homeowners' association; traffic control 1492
2214+jurisdiction.— 1493
2215+ (1)(a) In addition to the authority provided in s. 336.12, 1494
2216+the governing body of the county may abandon the roads and 1495
2217+rights-of-way dedicated in a recorded residential subdivision 1496
2218+plat and simultaneously convey the county's interest in such 1497
2219+roads, rights-of-way, and appurtenant drainage facilities to a 1498
2220+homeowners' association for the subdivision, if the following 1499
2221+conditions have been met: 1500
2222+
2223+CS/HB 983 2025
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22302230 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
22312231
22322232
22332233
2234- 336.125 Closing and abandonment of roads; optional 1501
2235-conveyance to homeowners' association; traffic control 1502
2236-jurisdiction.— 1503
2237- (1)(a) In addition to the authority provided in s. 336.12, 1504
2238-the governing body of the county may abandon the roads and 1505
2239-rights-of-way dedicated in a recorded residential subdivision 1506
2240-plat and simultaneously convey the county's interest in such 1507
2241-roads, rights-of-way, and appurtenant drainage facilities to a 1508
2242-homeowners' associat ion for the subdivision, if the following 1509
2243-conditions have been met: 1510
2244- 1. The homeowners' association has requested the 1511
2245-abandonment and conveyance in writing for the purpose of 1512
2246-converting the subdivision to a gated neighborhood with 1513
2247-restricted public access . 1514
2248- 2. No fewer than four -fifths of the owners of record of 1515
2249-property located in the subdivision have consented in writing to 1516
2250-the abandonment and simultaneous conveyance to the homeowners' 1517
2251-association. 1518
2252- 3. The homeowners' association is both a corporation not 1519
2253-for profit organized and in good standing under chapter 617, and 1520
2254-a "homeowners' association" as defined in s. 720.301 s. 1521
2255-720.301(9) with the power to levy and collect assessments for 1522
2256-routine and periodic major maintenance and operation of street 1523
2257-lighting, drainage, sidewalks, and pavement in the subdivision. 1524
2258- 4. The homeowners' association has entered into and 1525
2259-
2260-CS/CS/HB 983 2025
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2262-
2263-
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2265-hb983-02-c2
2234+ 1. The homeowners' association has requested the 1501
2235+abandonment and conveyance in writing for the purpose of 1502
2236+converting the subdivision to a gated neighborhood with 1503
2237+restricted public access. 1504
2238+ 2. No fewer than four -fifths of the owners of record of 1505
2239+property located in the subdivision have consented in writing to 1506
2240+the abandonment and simultaneous conveyance to the homeowners' 1507
2241+association. 1508
2242+ 3. The homeowners' association is both a corporation not 1509
2243+for profit organized and in good standing under chapter 617, and 1510
2244+a "homeowners' association" as defined in s. 720.301 s. 1511
2245+720.301(9) with the power to levy and collect assessments for 1512
2246+routine and periodic major maintenance and operation of street 1513
2247+lighting, drainage, sidewalks, and pavement in the subdivision. 1514
2248+ 4. The homeowners' association has entered into and 1515
2249+executed such agreements, covenants, warranties, and other 1516
2250+instruments; has provided, or has provided assurance of, such 1517
2251+funds, reserve funds, and funding sources; and has satisfied 1518
2252+such other requirements and conditions as may be established or 1519
2253+imposed by the county with respect to the ongoing operation, 1520
2254+maintenance, and repair and the periodic reconstruction or 1521
2255+replacement of the roads, drainage, street lighting, and 1522
2256+sidewalks in the subdivision after the abandonment by the 1523
2257+county. 1524
2258+ Section 16. Subsection (2) of section 558.002, Florida 1525
2259+
2260+CS/HB 983 2025
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22662266 Page 62 of 64
22672267 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
22682268
22692269
22702270
2271-executed such agreements, covenants, warranties, and other 1526
2272-instruments; has provided, or has provided assurance of, such 1527
2273-funds, reserve funds, a nd funding sources; and has satisfied 1528
2274-such other requirements and conditions as may be established or 1529
2275-imposed by the county with respect to the ongoing operation, 1530
2276-maintenance, and repair and the periodic reconstruction or 1531
2277-replacement of the roads, drainage , street lighting, and 1532
2278-sidewalks in the subdivision after the abandonment by the 1533
2279-county. 1534
2280- Section 16. Subsection (2) of section 558.002, Florida 1535
2281-Statutes, is amended to read: 1536
2282- 558.002 Definitions. —As used in this chapter, the term: 1537
2283- (2) "Association" has the same meaning as in s. 718.103, 1538
2284-s. 719.103(2), s. 720.301 s. 720.301(9), or s. 723.075. 1539
2285- Section 17. Section 617.0725, Florida Statutes, is amended 1540
2286-to read: 1541
2287- 617.0725 Quorum.—An amendment to the articles of 1542
2288-incorporation or the bylaws which adds , changes, or deletes a 1543
2289-greater or lesser quorum or voting requirement must meet the 1544
2290-same quorum or voting requirement and be adopted by the same 1545
2291-vote and voting groups required to take action under the quorum 1546
2292-and voting requirements then in effect or prop osed to be 1547
2293-adopted, whichever is greater. This section does not apply to 1548
2294-any corporation that is an association, as defined in s. 720.301 1549
2295-s. 720.301(9), or any corporation regulated under chapter 718 or 1550
2296-
2297-CS/CS/HB 983 2025
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2299-
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2302-hb983-02-c2
2271+Statutes, is amended to read: 1526
2272+ 558.002 Definitions. —As used in this chapter, the term: 1527
2273+ (2) "Association" has the same meaning as in s. 718.103, 1528
2274+s. 719.103(2), s. 720.301 s. 720.301(9), or s. 723.075. 1529
2275+ Section 17. Section 617.0725, Florida Statutes, is amended 1530
2276+to read: 1531
2277+ 617.0725 Quorum.—An amendment to the articles of 1532
2278+incorporation or the bylaws which adds, changes, or deletes a 1533
2279+greater or lesser quorum or voting requirement must meet the 1534
2280+same quorum or voting requirement and be adopted by the same 1535
2281+vote and voting groups required to take action under the quorum 1536
2282+and voting requirements then in effect or proposed to be 1537
2283+adopted, whichever is greater. This section does not apply to 1538
2284+any corporation that is an association, as defined in s. 720.301 1539
2285+s. 720.301(9), or any corporation regulated under chapter 718 or 1540
2286+chapter 719. 1541
2287+ Section 18. Paragraph (b) of subsection (1) of section 1542
2288+718.116, Florida Statutes, is amended to read: 1543
2289+ 718.116 Assessments; liability; lien and priority; 1544
2290+interest; collection. — 1545
2291+ (1) 1546
2292+ (b)1. The liability of a first mortgagee or its successor 1547
2293+or assignees who acquire title to a unit by foreclosure or by 1548
2294+deed in lieu of foreclosure for the unpaid assessments that 1549
2295+became due before the mortgagee's acquisition of title is 1550
2296+
2297+CS/HB 983 2025
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23042304 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
23052305
23062306
23072307
2308-chapter 719. 1551
2309- Section 18. Paragraph (b) of subsect ion (1) of section 1552
2310-718.116, Florida Statutes, is amended to read: 1553
2311- 718.116 Assessments; liability; lien and priority; 1554
2312-interest; collection. — 1555
2313- (1) 1556
2314- (b)1. The liability of a first mortgagee or its successor 1557
2315-or assignees who acquire title to a unit by foreclosure or by 1558
2316-deed in lieu of foreclosure for the unpaid assessments that 1559
2317-became due before the mortgagee's acquisition of title is 1560
2318-limited to the lesser of: 1561
2319- a. The unit's unpaid common expenses and regular periodic 1562
2320-assessments which accrued or came due during the 12 months 1563
2321-immediately preceding the acquisition of title and for which 1564
2322-payment in full has not been received by the association; or 1565
2323- b. One percent of the original mortgage debt. The 1566
2324-provisions of this paragraph apply only if the first mort gagee 1567
2325-joined the association as a defendant in the foreclosure action. 1568
2326-Joinder of the association is not required if, on the date the 1569
2327-complaint is filed, the association was dissolved or did not 1570
2328-maintain an office or agent for service of process at a locat ion 1571
2329-which was known to or reasonably discoverable by the mortgagee. 1572
2330- 2. An association, or its successor or assignee, that 1573
2331-acquires title to a unit through the foreclosure of its lien for 1574
2332-assessments is not liable for any unpaid assessments, late fees, 1575
2333-
2334-CS/CS/HB 983 2025
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2339-hb983-02-c2
2308+limited to the lesser of: 1551
2309+ a. The unit's unpaid common expenses and regular periodic 1552
2310+assessments which accrued or came due during the 12 months 1553
2311+immediately preceding the acquisition of title and for which 1554
2312+payment in full has not been received by the association; or 1555
2313+ b. One percent of the original mortgage debt. The 1556
2314+provisions of this paragraph apply only if the first mortgagee 1557
2315+joined the association as a defendant in the foreclosure action. 1558
2316+Joinder of the association is not required if, on the date the 1559
2317+complaint is filed, the association was dissolved or did not 1560
2318+maintain an office or agent for service of process at a location 1561
2319+which was known to or reasonably discoverable by the mortgagee. 1562
2320+ 2. An association, or its successor or assignee, that 1563
2321+acquires title to a unit thro ugh the foreclosure of its lien for 1564
2322+assessments is not liable for any unpaid assessments, late fees, 1565
2323+interest, or reasonable attorney's fees and costs that came due 1566
2324+before the association's acquisition of title in favor of any 1567
2325+other association, as defined in s. 718.103 or s. 720.301 s. 1568
2326+720.301(9), which holds a superior lien interest on the unit. 1569
2327+This subparagraph is intended to clarify existing law. 1570
2328+ Section 19. Paragraph (d) of subsection (2) of section 1571
2329+720.3085, Florida Statutes, is amended to read: 1572
2330+ 720.3085 Payment for assessments; lien claims. — 1573
2331+ (2) 1574
2332+ (d) An association, or its successor or assignee, that 1575
2333+
2334+CS/HB 983 2025
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23412341 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
23422342
23432343
23442344
2345-interest, or reasonable attorney's fees and costs that came due 1576
2346-before the association's acquisition of title in favor of any 1577
2347-other association, as defined in s. 718.103 or s. 720.301 s. 1578
2348-720.301(9), which holds a superior lien interest on the unit. 1579
2349-This subparagraph is intended to clarify existing law. 1580
2350- Section 19. Paragraph (d) of subsection (2) of section 1581
2351-720.3085, Florida Statutes, is amended to read: 1582
2352- 720.3085 Payment for assessments; lien claims. — 1583
2353- (2) 1584
2354- (d) An association, or its successor or assign ee, that 1585
2355-acquires title to a parcel through the foreclosure of its lien 1586
2356-for assessments is not liable for any unpaid assessments, late 1587
2357-fees, interest, or reasonable attorney's fees and costs that 1588
2358-came due before the association's acquisition of title in fa vor 1589
2359-of any other association, as defined in s. 718.103 or s. 720.301 1590
2360-s. 720.301(9), which holds a superior lien interest on the 1591
2361-parcel. This paragraph is intended to clarify existing law. 1592
2362- Section 20. This act shall take effect July 1, 2025. 1593
2345+acquires title to a parcel through the foreclosure of its lien 1576
2346+for assessments is not liable for any unpaid assessments, late 1577
2347+fees, interest, or reasonable attorney's fees and costs that 1578
2348+came due before the association's acquisition of title in favor 1579
2349+of any other association, as defined in s. 718.103 or s. 720.301 1580
2350+s. 720.301(9), which holds a superior lien interest on the 1581
2351+parcel. This paragraph is intended to clarify existing law. 1582
2352+ Section 20. This act shall take effect July 1, 2025. 1583