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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to land use and development 2
regulations; amending s. 163.3162, F.S.; revising a 3
statement of legislative purpose; deleting language 4
authorizing the owner of an agricultural enclave to 5
apply for a comprehensive plan amendment; authorizing 6
such owner to instead apply for administrative 7
approval of a development regardless of future land 8
use designations or comprehensive plan conflicts under 9
certain circumstances; deleting a certain presumption 10
of urban sprawl; requiring that an authorized 11
development be treated as a conforming use; 12
prohibiting a local government from enacting or 13
enforcing certain regulations or laws; requiring 14
administrative approval of such development if it 15
complies with certain requirements; conforming 16
provisions to changes made by the act; amending s. 17
163.3164, F.S.; revising the definition of the terms 18
"agricultural enclave" and "compatibility"; defining 19
the terms "infill residential development" and 20
"contiguous"; amending s. 163.3177, F.S.; prohibiting 21
a comprehensive plan from making a certain mandate; 22
prohibiting optional elements of a local comprehensive 23
plan from containing certain policies; requiring the 24
use of certain consistent data, where relevant, unless 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
an applicant can make a certain justification; 26
amending s. 163.31801, F.S.; defining the term 27
"extraordinary circumstance"; amending s. 163.3184, 28
F.S.; requiring a supermajority vote for the adoption 29
of certain comprehensive plans and plan amendments; 30
authorizing owners of property subject to a 31
comprehensive plan am endment and persons applying for 32
comprehensive plan amendments to file civil actions 33
for relief in certain circumstances; providing 34
requirements for such actions; authorizing such owners 35
and applicants to use certain dispute resolution 36
procedures; amending s. 163.3202, F.S.; requiring that 37
local land development regulations establish by a 38
specified date minimum lot sizes within certain zoning 39
districts to accommodate the authorized maximum 40
density; requiring the approval of infill residential 41
development applications in certain circumstances; 42
requiring the treatment of certain developments as a 43
conforming use; amending s. 720.301, F.S.; revising 44
and providing definitions; amending s. 720.302, F.S.; 45
revising applicability of the Homeowners' Association 46
Act; amending s. 720.3086, F.S.; revising the persons 47
to whom and the method by which a certain financial 48
report must be made available; creating s. 720.319, 49
F.S.; specifying that certain parcels may be subject 50
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to a recreational covenant and that certain 51
recreational facilities and amenities are not a part 52
of a common area; prohibiting the imposition or 53
collection of amenity dues except as provided in a 54
recreational covenant; providing requirements for 55
certain recreational covenants recorded on or after a 56
certain date; requiring that a recreational covenant 57
recorded before a certain date comply with specified 58
requirements to remain valid and effective; limiting 59
the annual increases in amenity fees and amenity 60
expenses in certain circumstances; providing 61
construction; prohibiting a recreational covenant from 62
requiring an association to collect amenity dues; 63
requiring a specified disclosure summary for contracts 64
for the sale of certain parcels; providing 65
construction and retroactive application; amending ss. 66
212.055, 336.125, 479.01, 558.002, 617.0725, 718.116, 67
and 720.3085, F.S.; conforming cross -references; 68
providing an effective date. 69
70
Be It Enacted by the Legislature of the State of Florida: 71
72
Section 1. Subsections (1) and (4) of section 163.3162, 73
Florida Statutes, are amended to read: 74
163.3162 Agricultural lands and practices. — 75
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(1) LEGISLATIVE FINDINGS AND PURPOSE. —The Legislature 76
finds that agricultural production is a major contributor to the 77
economy of the state; that agricultural lands constitu te unique 78
and irreplaceable resources of statewide importance; that the 79
continuation of agricultural activities preserves the landscape 80
and environmental resources of the state, contributes to the 81
increase of tourism, and furthers the economic self -sufficiency 82
of the people of the state; and that the encouragement, 83
development, and improvement of agriculture will result in a 84
general benefit to the health, safety, and welfare of the people 85
of the state. It is the purpose of this act to protect 86
reasonable agricultural activities conducted on farm lands from 87
duplicative regulation and to protect the property rights of 88
agricultural land owners . 89
(4) ADMINISTRATIVE APPROVAL AMENDMENT TO LOCAL GOVERNMENT 90
COMPREHENSIVE PLAN.—The owner of a parcel of land defined as an 91
agricultural enclave under s. 163.3164 may apply for 92
administrative approval of development regardless of the future 93
land use map designation of the parcel or any conflicting 94
comprehensive plan goals, objectives, or policies if the owner's 95
request an amendment to the local government comprehensive plan 96
pursuant to s. 163.3184. Such amendment is presumed not to be 97
urban sprawl as defined in s. 163.3164 if it includes land uses 98
and densities and intensities of use that are consistent with 99
the approved uses and densities and intensities of use of the 100
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industrial, commercial, or residential areas that surround the 101
parcel. This presumption may be rebutted by clear and convincing 102
evidence. Each application for administrative approval a 103
comprehensive plan amend ment under this subsection for a parcel 104
larger than 640 acres must include appropriate new urbanism 105
concepts such as clustering, mixed -use development, the creation 106
of rural village and city centers, and the transfer of 107
development rights in order to disco urage urban sprawl while 108
protecting landowner rights. A development authorized under this 109
subsection must be treated as a conforming use, notwithstanding 110
the local government's comprehensive plan, future land use 111
designation, or zoning. 112
(a) A proposed development authorized under this 113
subsection must be administratively approved, and no further 114
action by the governing body of the local government is 115
required. A The local government may not enact or enforce any 116
regulation or law for an agricultural enclave that is more 117
burdensome than for other types of applications for comparable 118
densities or intensities of use. Notwithstanding the future land 119
use designation of the agricultural enclave or whether it is 120
included in an urban service district, a local govern ment must 121
approve the application if it otherwise complies with this 122
subsection and proposes only single -family residential, 123
community gathering, and recreational uses at a density that 124
does not exceed the average density allowed by a future land use 125
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designation on any adjacent parcel that allows a density of at 126
least one dwelling unit per acre. A local government must treat 127
an agricultural enclave that is adjacent to an urban service 128
district as if it were within the urban service district and the 129
owner of a parcel of land that is the subject of an application 130
for an amendment shall have 180 days following the date that the 131
local government receives a complete application to negotiate in 132
good faith to reach consensus on the land uses and intensities 133
of use that are consistent with the uses and intensities of use 134
of the industrial, commercial, or residential areas that 135
surround the parcel. Within 30 days after the local government's 136
receipt of such an application, the local government and owner 137
must agree in writing to a schedule for information submittal, 138
public hearings, negotiations, and final action on the 139
amendment, which schedule may thereafter be altered only with 140
the written consent of the local government and the owner. 141
Compliance with the schedule in the written agreement 142
constitutes good faith negotiations for purposes of paragraph 143
(c). 144
(b) Upon conclusion of good faith negotiations under 145
paragraph (a), regardless of whether the local government and 146
owner reach consensus on the land uses and intens ities of use 147
that are consistent with the uses and intensities of use of the 148
industrial, commercial, or residential areas that surround the 149
parcel, the amendment must be transmitted to the state land 150
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planning agency for review pursuant to s. 163.3184. If t he local 151
government fails to transmit the amendment within 180 days after 152
receipt of a complete application, the amendment must be 153
immediately transferred to the state land planning agency for 154
such review. A plan amendment transmitted to the state land 155
planning agency submitted under this subsection is presumed not 156
to be urban sprawl as defined in s. 163.3164. This presumption 157
may be rebutted by clear and convincing evidence. 158
(c) If the owner fails to negotiate in good faith, a plan 159
amendment submitted un der this subsection is not entitled to the 160
rebuttable presumption under this subsection in the negotiation 161
and amendment process. 162
(d) Nothing within this subsection relating to 163
agricultural enclaves shall preempt or replace any protection 164
currently existing for any property located within the 165
boundaries of the following areas: 166
1. The Wekiva Study Area, as described in s. 369.316; or 167
2. The Everglades Protection Area, as defined in s. 168
373.4592(2). 169
Section 2. Present subsections (22) through (54) of 170
section 163.3164, Florida Statutes, are redesignated as 171
subsections (23) through (55), respectively, a new subsection 172
(22) is added to that section, and subsections (4) and (9) of 173
that section are amended, to read: 174
163.3164 Community Planning Act; defin itions.—As used in 175
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this act: 176
(4) "Agricultural enclave" means an unincorporated, 177
undeveloped parcel or parcels that: 178
(a) Are Is owned by a single person or entity; 179
(b) Have Has been in continuous use for bona fide 180
agricultural purposes, as defined by s. 193.461, for a period of 181
5 years before prior to the date of any comprehensive plan 182
amendment application; 183
(c)1. Are Is surrounded on at least 75 percent of their 184
its perimeter by: 185
a.1. A parcel or parcels Property that have has existing 186
industrial, commercial, or residential development; or 187
b.2. A parcel or parcels Property that the local 188
government has designated, in the local government's 189
comprehensive plan, zoning map, and future land use map, as land 190
that is to be developed for industrial, commercial, or 191
residential purposes, and at least 75 percent of such parcel or 192
parcels are property is existing industrial, commercial, or 193
residential development; or 194
2. Do not exceed 640 acres and are surrounded on at least 195
50 percent of their perimeter by a parcel or parcels that the 196
local government has designated in the local gove rnment's 197
comprehensive plan and future land use map as land that is to be 198
developed for industrial, commercial, or residential purposes; 199
and the parcel or parcels are surrounded on at least 50 percent 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of their perimeter by a parcel or parcels within an urb an 201
service district, area, or line; 202
(d) Have Has public services, including water, wastewater, 203
transportation, schools, and recreation facilities, available or 204
such public services are scheduled in the capital improvement 205
element to be provided by the lo cal government or can be 206
provided by an alternative provider of local government 207
infrastructure in order to ensure consistency with applicable 208
concurrency provisions of s. 163.3180; and 209
(e) Do Does not exceed 1,280 acres; however, if the parcel 210
or parcels are property is surrounded by existing or authorized 211
residential development that will result in a density at 212
buildout of at least 1,000 residents per square mile, then the 213
area shall be determined to be urban and the parcel or parcels 214
may not exceed 4,480 acres. 215
216
Where a right-of-way or canal exists along the perimeter of a 217
parcel, the perimeter calculations of the agricultural enclave 218
must be based on the parcel or parcels across the right -of-way 219
or canal. 220
(9) "Compatibility" means a condition in whic h land uses 221
or conditions can coexist in relative proximity to each other in 222
a stable fashion over time such that no use or condition is 223
unduly negatively impacted directly or indirectly by another use 224
or condition. All residential land use categories, res idential 225
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zoning categories, and housing types are compatible with each 226
other. 227
(22) "Infill residential development" means the 228
development of one or more parcels that are no more than 100 229
acres in size within a future land use category that allows a 230
residential use and any zoning district that allows a 231
residential use and which parcels are contiguous with 232
residential development on at least 50 percent of the parcels' 233
boundaries. For purposes of this subsection, the term 234
"contiguous" means touching, borderi ng, or adjoining along a 235
boundary and includes properties that would be contiguous if not 236
separated by a roadway, railroad, canal, or other public 237
easement. 238
Section 3. Paragraph (f) of subsection (1) and subsection 239
(2) of section 163.3177, Florida Stat utes, are amended to read: 240
163.3177 Required and optional elements of comprehensive 241
plan; studies and surveys. — 242
(1) The comprehensive plan shall provide the principles, 243
guidelines, standards, and strategies for the orderly and 244
balanced future economic, social, physical, environmental, and 245
fiscal development of the area that reflects community 246
commitments to implement the plan and its elements. These 247
principles and strategies shall guide future decisions in a 248
consistent manner and shall contain programs and activities to 249
ensure comprehensive plans are implemented. The sections of the 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
comprehensive plan containing the principles and strategies, 251
generally provided as goals, objectives, and policies, shall 252
describe how the local government's programs, activi ties, and 253
land development regulations will be initiated, modified, or 254
continued to implement the comprehensive plan in a consistent 255
manner. It is not the intent of this part to require the 256
inclusion of implementing regulations in the comprehensive plan 257
but rather to require identification of those programs, 258
activities, and land development regulations that will be part 259
of the strategy for implementing the comprehensive plan and the 260
principles that describe how the programs, activities, and land 261
development regulations will be carried out. The plan shall 262
establish meaningful and predictable standards for the use and 263
development of land and provide meaningful guidelines for the 264
content of more detailed land development and use regulations. 265
(f) All mandatory and optional elements of the 266
comprehensive plan and plan amendments shall be based upon 267
relevant and appropriate data and an analysis by the local 268
government that may include, but not be limited to, surveys, 269
studies, community goals and vision, and other data available at 270
the time of adoption of the comprehensive plan or plan 271
amendment. To be based on data means to react to it in an 272
appropriate way and to the extent necessary indicated by the 273
data available on that particular subject at the time of 274
adoption of the plan or plan amendment at issue. 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Surveys, studies, and data utilized in the preparation 276
of the comprehensive plan may not be deemed a part of the 277
comprehensive plan unless adopted as a part of it. Copies of 278
such studies, surveys, data, and su pporting documents for 279
proposed plans and plan amendments shall be made available for 280
public inspection, and copies of such plans shall be made 281
available to the public upon payment of reasonable charges for 282
reproduction. Support data or summaries are not s ubject to the 283
compliance review process, but the comprehensive plan must be 284
clearly based on appropriate data. Support data or summaries may 285
be used to aid in the determination of compliance and 286
consistency. 287
2. Data must be taken from professionally acce pted 288
sources. The application of a methodology utilized in data 289
collection or whether a particular methodology is professionally 290
accepted may be evaluated. However, the evaluation may not 291
include, and a comprehensive plan may not mandate, whether one 292
accepted methodology is better than another. Original data 293
collection by local governments is not required. However, local 294
governments may use original data so long as methodologies are 295
professionally accepted. 296
3. The comprehensive plan shall be based upon pe rmanent 297
and seasonal population estimates and projections, which shall 298
either be those published by the Office of Economic and 299
Demographic Research or generated by the local government based 300
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upon a professionally acceptable methodology. The plan must be 301
based on at least the minimum amount of land required to 302
accommodate the medium projections as published by the Office of 303
Economic and Demographic Research for at least a 10 -year 304
planning period unless otherwise limited under s. 380.05, 305
including related rul es of the Administration Commission. Absent 306
physical limitations on population growth, population 307
projections for each municipality, and the unincorporated area 308
within a county must, at a minimum, be reflective of each area's 309
proportional share of the tota l county population and the total 310
county population growth. 311
(2) Coordination of the required and optional several 312
elements of the local comprehensive plan must shall be a major 313
objective of the planning process. The required and optional 314
several elements of the comprehensive plan must shall be 315
consistent. Optional elements of the comprehensive plan may not 316
contain policies that restrict the density or intensity 317
established in the future land use element. Where data is 318
relevant to required and optional several elements, consistent 319
data must shall be used, including population estimates and 320
projections unless alternative data can be justified by an 321
applicant for a plan amendment through new supporting data and 322
analysis. Each map depicting future conditions m ust reflect the 323
principles, guidelines, and standards within all elements, and 324
each such map must be contained within the comprehensive plan. 325
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Section 4. Present paragraphs (a) and (b) of subsection 326
(3) of section 163.31801, Florida Statutes, are redesi gnated as 327
paragraphs (b) and (c), respectively, a new paragraph (a) is 328
added to that subsection, and paragraph (g) of subsection (6) of 329
that section is republished, to read: 330
163.31801 Impact fees; short title; intent; minimum 331
requirements; audits; challe nges.— 332
(3) For purposes of this section, the term: 333
(a) "Extraordinary circumstance" means an event that is 334
outside of the control of a local government, school district, 335
or special district and that prevents the local government, 336
school district, or sp ecial district from fulfilling the 337
objectives intended to be funded by an impact fee. The term 338
includes, but is not limited to, a natural disaster or other 339
major disruption to the security or health of the community or 340
geographic area served by the local g overnment, school district, 341
or special district or a significant economic deterioration in 342
the community or geographic area served by the local government, 343
school district, or special district which directly and 344
adversely affects the local government, scho ol district, or 345
special district. A funding deficiency that is not caused by 346
such an event is not an extraordinary circumstance. 347
(6) A local government, school district, or special 348
district may increase an impact fee only as provided in this 349
subsection. 350
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(g) A local government, school district, or special 351
district may increase an impact fee rate beyond the phase -in 352
limitations established under paragraph (b), paragraph (c), 353
paragraph (d), or paragraph (e) by establishing the need for 354
such increase in ful l compliance with the requirements of 355
subsection (4), provided the following criteria are met: 356
1. A demonstrated-need study justifying any increase in 357
excess of those authorized in paragraph (b), paragraph (c), 358
paragraph (d), or paragraph (e) has been co mpleted within the 12 359
months before the adoption of the impact fee increase and 360
expressly demonstrates the extraordinary circumstances 361
necessitating the need to exceed the phase -in limitations. 362
2. The local government jurisdiction has held not less 363
than two publicly noticed workshops dedicated to the 364
extraordinary circumstances necessitating the need to exceed the 365
phase-in limitations set forth in paragraph (b), paragraph (c), 366
paragraph (d), or paragraph (e). 367
3. The impact fee increase ordinance is appr oved by at 368
least a two-thirds vote of the governing body. 369
Section 5. Paragraph (a) of subsection (11) of section 370
163.3184, Florida Statutes, is amended, and subsection (14) is 371
added to that section, to read: 372
163.3184 Process for adoption of comprehensive plan or 373
plan amendment.— 374
(11) PUBLIC HEARINGS. — 375
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(a) The procedure for transmittal of a complete proposed 376
comprehensive plan or plan amendment pursuant to subparagraph 377
(3)(b)1. and paragraph (4)(b) and for adoption of a 378
comprehensive plan or plan amendment pursuant to subparagraphs 379
(3)(c)1. and (4)(e)1. shall be by affirmative vote of not less 380
than a majority of the members of the governing body present at 381
the hearing. The adoption of a comprehensive plan or plan 382
amendment shall be by ordin ance approved by affirmative vote of 383
a majority of the members of the governing body present at the 384
hearing, except that the adoption of a comprehensive plan or 385
plan amendment that contains more restrictive or burdensome 386
procedures concerning development, including, but not limited 387
to, the review, approval, or issuance of a site plan, 388
development permit, or development order, must be by affirmative 389
vote of a supermajority of the members of the governing body . 390
For the purposes of transmitting or adopting a c omprehensive 391
plan or plan amendment, the notice requirements in chapters 125 392
and 166 are superseded by this subsection, except as provided in 393
this part. 394
(14) REVIEW OF APPLICATION. —An owner of real property 395
subject to a comprehensive plan amendment, or a person applying 396
for a comprehensive plan amendment that is not adopted by the 397
local government and who is not provided the opportunity for a 398
hearing within 180 days after the filing of the application, may 399
file a civil action for declaratory, injunctive, or other 400
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relief, which must be reviewed de novo. The local government has 401
the burden of proving by a preponderance of the evidence that 402
the application is inconsistent with the local government's 403
comprehensive plan. The court may not use a deferential stan dard 404
for the benefit of the local government. The court shall 405
independently determine whether the local government's existing 406
comprehensive plan is in compliance. Before initiating such an 407
action, the owner or applicant may use the dispute resolution 408
procedures under s. 70.51. 409
Section 6. Present paragraphs (b) through (j) of 410
subsection (2) of section 163.3202, Florida Statutes, are 411
redesignated as paragraphs (c) through (k), respectively, a new 412
paragraph (b) is added to that subsection, and subsection ( 8) is 413
added to that section, to read: 414
163.3202 Land development regulations. — 415
(2) Local land development regulations shall contain 416
specific and detailed provisions necessary or desirable to 417
implement the adopted comprehensive plan and shall at a minimu m: 418
(b) By January 1, 2026, establish minimum lot sizes within 419
single-family, two-family, and fee simple, single -family 420
townhouse zoning districts, including planned unit development 421
and site plan controlled zoning districts allowing these uses, 422
to accommodate and achieve the maximum density authorized in the 423
comprehensive plan, net of the land area required to be set 424
aside for subdivision roads, sidewalks, stormwater ponds, open 425
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space, and landscape buffers and any other land area required to 426
be set aside pursuant to mandatory land development regulations 427
which could otherwise be used for the development of single -428
family homes, two-family homes, and fee simple, single -family 429
townhouses. 430
(8) Notwithstanding any ordinance to the contrary, an 431
application for an infill residential development must be 432
administratively approved without requiring a comprehensive plan 433
amendment, rezoning, variance, or any other public hearing by 434
any board or reviewing body if the proposed infill residential 435
development is consist ent with current development standards and 436
the density of the proposed infill residential development is 437
the same as the average density of contiguous properties. A 438
development authorized under this subsection must be treated as 439
a conforming use, notwithst anding the local government's 440
comprehensive plan, future land use designation, or zoning. 441
Section 7. Present subsections (1) through (12) and (13) 442
of section 720.301, Florida Statutes, are redesignated as 443
subsections (4) through (15) and (17), respecti vely, new 444
subsections (1), (2), and (3) and subsection (16) are added to 445
that section, and present subsections (1), (8), and (10) of that 446
section are amended, to read: 447
720.301 Definitions. —As used in this chapter, the term: 448
(1) "Amenity dues" means ame nity expenses and amenity 449
fees, if any, in any combination, charged in accordance with a 450
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recreational covenant. The term does not include the expenses of 451
a homeowners' association. 452
(2) "Amenity expenses" means the costs of owning, 453
operating, managing, ma intaining, and insuring privately owned 454
commercial recreational facilities or amenities made available 455
to parcel owners pursuant to a recreational covenant, whether 456
directly or indirectly. The term includes, but is not limited 457
to, maintenance, cleaning fee s, trash collection, utility 458
charges, cable service charges, legal fees, management fees, 459
reserves, repairs, replacements, refurbishments, payroll and 460
payroll costs, insurance, working capital, and ad valorem or 461
other taxes, costs, expenses, levies, and ch arges of any nature 462
which may be levied or imposed against, or in connection with, 463
the commercial recreational facilities or amenities made 464
available to parcel owners pursuant to a recreational covenant. 465
The term does not include income taxes or the initia l cost of 466
construction of recreational facilities or amenities. 467
(3) "Amenity fee" means any amounts, other than amenity 468
expenses, due in accordance with a recreational covenant which 469
are levied against parcel owners for recreational memberships or 470
use. An amenity fee may be composed in part of profit or other 471
components to be paid to a private third -party commercial 472
recreational facility or amenity owner, which may be the 473
developer, as provided in a recreational covenant. The term does 474
not include the expenses of a homeowners' association. 475
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(4)(1) "Assessment" or "amenity fee" means a sum or sums 476
of money payable to the association, to the developer or other 477
owner of common areas, or to recreational facilities and other 478
properties serving the parcels by t he owners of one or more 479
parcels as authorized in the governing documents, which if not 480
paid by the owner of a parcel, can result in a lien against the 481
parcel by the association. The term does not include amenity 482
dues, amenity expenses, or amenity fees. 483
(11)(8) "Governing documents" means : 484
(a) the recorded declaration of covenants for a community 485
and all duly adopted and recorded amendments, supplements, and 486
recorded exhibits thereto ; and 487
(b) the articles of incorporation and bylaws of the 488
homeowners' association and any duly adopted amendments thereto. 489
The term does not include recreational covenants respecting 490
commercial recreational facilities or amenities, regardless of 491
whether such recreational covenants are attached as exhibits to 492
a declaration of covenants for a community. 493
(13)(10) "Member" means a member of an association, and 494
may include, but is not limited to, a parcel owner or an 495
association representing parcel owners or a combination thereof, 496
and includes any person or entity obligated by the governing 497
documents to pay an assessment to the association or amenity 498
fee. 499
(16) "Recreational covenant" means a recorded covenant, 500
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separate and distinct from a declaration of covenants, which 501
provides the nature and requirements of a membership in o r the 502
use or purchase of privately owned commercial recreational 503
facilities or amenities for parcel owners in one or more 504
communities or community development districts and which: 505
(a) Is recorded in the public records of the county in 506
which the recreational facility or amenity or a property 507
encumbered thereby is located; 508
(b) Contains information regarding the amenity dues that 509
may be imposed on members and other persons permitted to use the 510
recreational facility or amenity and remedies that the 511
recreational facility or amenity owner or other third party may 512
have upon nonpayment of such amenity fees; and 513
(c) Requires mandatory membership or mandatory payment of 514
amenity dues by some or all of the parcel owners in a community. 515
Section 8. Subsection (3 ) of section 720.302, Florida 516
Statutes, is amended, and subsection (6) is added to that 517
section, to read: 518
720.302 Purposes, scope, and application. — 519
(3) This chapter does not apply to: 520
(a) A community that is composed of property primarily 521
intended for commercial, industrial, or other nonresidential 522
use; or 523
(b) The commercial or industrial parcels , including 524
amenity or recreational properties governed by a recreational 525
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
covenant, in a community that contains both residential parcels 526
and parcels intended for commercial or industrial use. 527
(6) This chapter does not apply to recreational covenants 528
or recreational facilities or amenities governed by a 529
recreational covenant except as provided in ss. 720.3086 and 530
720.319. 531
Section 9. Section 720.3086, Florida Statutes, is amended 532
to read: 533
720.3086 Financial report. —In a residential subdivision in 534
which the owners of lots or parcels must pay mandatory 535
maintenance or amenity dues fees to the subdivision developer or 536
to the owners of the common areas, recreational facilities and 537
amenities, and other properties serving the lots or parcels, the 538
developer or owner of such areas, facilities or amenities, or 539
properties shall make public, within 60 days following the end 540
of each fiscal year, a complete financia l report of the actual, 541
total receipts of mandatory maintenance or amenity dues fees 542
received by it, and an itemized listing of the expenditures made 543
for the operational costs, expenses, or other amounts expended 544
for the operation of such facilities or amenities or properties 545
by it from such fees, for that year. Such report shall be made 546
public by mailing it to each lot or parcel owner in the 547
subdivision who is subject to the payment of such amenity dues , 548
by publishing a notice of availability for inspec tion it in a 549
publication regularly distributed within the subdivision, or by 550
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
posting a notice of availability for inspection it in a 551
prominent location locations in the subdivision and in each such 552
facility or amenity or property . The report must also be m ade 553
available to a parcel owner within the subdivision who makes a 554
written request to inspect the report. This section does not 555
apply to assessments or other amounts paid to homeowner 556
associations pursuant to chapter 617, chapter 718, chapter 719, 557
chapter 721, or chapter 723, or to amounts paid to local 558
governmental entities, including special districts. 559
Section 10. Section 720.319, Florida Statutes, is created 560
to read: 561
720.319 Parcels subject to a recreational covenant. — 562
(1) A parcel within a commu nity may be subject to a 563
recreational covenant. Recreational facilities and amenities 564
governed by a recreational covenant are not a part of a common 565
area. 566
(2) Amenity dues may only be imposed and collected as 567
provided in a recreational covenant. 568
(3) A recreational covenant recorded on or after July 1, 569
2025, which creates mandatory membership in a club or imposes 570
mandatory amenity dues on parcel owners must specify all of the 571
following: 572
(a) The parcels within the community which are or will be 573
subject to mandatory membership in a club or to the imposition 574
of mandatory amenity dues. 575
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(b) The person responsible for owning, maintaining, and 576
operating the recreational facility or amenity governed by the 577
recreational covenant, which may be the developer. 578
(c) The manner in which amenity dues are apportioned and 579
collected from each encumbered parcel owner, and the person 580
authorized to collect such dues. The recreational covenant must 581
specify the components that comprise the amenity dues, which may 582
include any combination of the amenity expenses or amenity fees. 583
(d) The amount of any amenity fees included in the amenity 584
dues. If the amount of such amenity fees is not specified, the 585
recreational covenant must specify the manner in which such fees 586
are calculated. 587
(e) The manner in which amenity fees may be increased, 588
which increase may occur periodically by a fixed percentage, a 589
fixed dollar amount, or in accordance with increases in the 590
consumer price index. 591
(f) The collection rights and remedies that are available 592
for enforcing payment of amenity dues. 593
(g) A statement of whether collection rights to enforce 594
payment of amenity dues are subordinate to an association's 595
right to collect assessments. 596
(h) A statement of whether the recreational facility or 597
amenity is open to the public or may be used by persons who are 598
not members or parcel owners within the community. 599
(4)(a) A recreational covenant recorded before July 1, 600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2025, must comply with the requirements of paragraphs (3)(a) -(d) 601
by July 1, 2026, to remain valid and effective after that date. 602
(b) If a recreational covenant recorded before July 1, 603
2025, does not specify the manner in which amenity fees may be 604
increased as required by paragraph (3)(e), the increase in such 605
amenity fees is limited to a maximum annual increase in an 606
amount equal to the annual increase in the Consumer Price Index 607
for All Urban Consumers, U.S. City Average, All Items. 608
(5) A recreational covenant that does not specify the 609
amount by which amenity expenses may be increased is limited to 610
a maximum annual increase of 25 percent of the amenity expenses 611
from the preceding fiscal year. This limitation does not 612
prohibit an increase in amenity expenses resulting from a 613
natural disaster, an act of God, an increase in insurance costs , 614
an increase in utility rates, an increase in supply costs, an 615
increase in labor rates, or any other circumstance outside of 616
the reasonable control of the owner or other person responsible 617
for maintaining or operating the recreational facility or 618
amenity governed by the recreational covenant. 619
(6) A recreational covenant may not require an association 620
to collect amenity dues on behalf of a private third -party 621
commercial recreational facility or amenity owner. The private 622
third-party commercial recreationa l facility or amenity owner is 623
solely responsible for the collection of such dues. 624
(7) Beginning July 1, 2025, each contract for the sale of 625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a parcel by a developer or builder to a third party which is 626
governed by an association but is also subject to a recreational 627
covenant must contain in conspicuous type a clause that 628
substantially states: 629
630
DISCLOSURE SUMMARY 631
632
YOUR LOT, DWELLING, AND/OR PARCEL IS SUBJECT TO A 633
RECREATIONAL COVENANT. AS A PURCHASER OF PROPERTY 634
SUBJECT TO THE RECREATIONAL COVENANT, YOU WI LL BE 635
OBLIGATED TO PAY AMENITY DUES TO A PRIVATE THIRD -PARTY 636
COMMERCIAL RECREATIONAL FACILITY OR AMENITY OWNER. 637
638
BUYER ACKNOWLEDGES ALL OF THE FOLLOWING: 639
640
(1) THE RECREATIONAL FACILITY OR AMENITY GOVERNED BY 641
THE RECREATIONAL COVENANT IS NOT A COMMON AREA OF THE 642
HOMEOWNERS' ASSOCIATION AND IS NOT OWNED OR CONTROLLED 643
BY THE HOMEOWNERS' ASSOCIATION. THE RECREATIONAL 644
COVENANT IS NOT A GOVERNING DOCUMENT OF THE 645
ASSOCIATION. 646
647
(2) CHARGES FOR AMENITY DUES WILL BE GOVERNED BY THE 648
RECREATIONAL COVENANT. THE RECREA TIONAL COVENANT 649
CONTAINS IMPORTANT PROVISIONS AND RIGHTS AND IS OR 650
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WILL BE AVAILABLE IN THE PUBLIC RECORDS OF THE COUNTY. 651
652
(3) THE PARTY THAT CONTROLS THE MAINTENANCE AND 653
OPERATION OF THE RECREATIONAL FACILITY OR AMENITY 654
DETERMINES THE BUDGET FOR THE OPER ATION AND 655
MAINTENANCE OF SUCH RECREATIONAL FACILITY OR AMENITY. 656
HOWEVER, THE PARCEL OWNERS SUBJECT TO THE RECREATIONAL 657
COVENANT ARE STILL RESPONSIBLE FOR AMENITY DUES. 658
659
(4) AMENITY DUES MAY BE SUBJECT TO PERIODIC CHANGE. 660
AMENITY DUES ARE IN ADDITION TO, A ND SEPARATE AND 661
DISTINCT FROM, ASSESSMENTS LEVIED BY THE HOMEOWNERS' 662
ASSOCIATION. 663
664
(5) FAILURE TO PAY AMENITY DUES OR OTHER CHARGES 665
IMPOSED BY A PRIVATE THIRD -PARTY COMMERCIAL 666
RECREATIONAL FACILITY OR AMENITY OWNER MAY RESULT IN A 667
LIEN ON YOUR PROPERTY. 668
669
(6) THIRD PARTIES WHO ARE NOT MEMBERS OF THE 670
HOMEOWNERS' ASSOCIATION MAY HAVE THE RIGHT TO ACCESS 671
AND USE THE RECREATIONAL FACILITY OR AMENITY, AS 672
DETERMINED BY THE ENTITY THAT CONTROLS SUCH 673
PROPERTIES. 674
675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(7) MANDATORY MEMBERSHIP REQUIREMENTS OR OTHER 676
OBLIGATIONS TO PAY AMENITY DUES CAN BE FOUND IN THE 677
RECREATIONAL COVENANT OR OTHER RECORDED INSTRUMENT. 678
679
(8) THE PRIVATE THIRD -PARTY COMMERCIAL RECREATIONAL 680
FACILITY OR AMENITY OWNER MAY HAVE THE RIGHT TO AMEND 681
THE RECREATIONAL COVENANT WITHOUT THE APPROVAL OF 682
MEMBERS OR PARCEL OWNERS, SUBJECT TO THE TERMS OF THE 683
RECREATIONAL COVENANT AND SECTION 720.319, FLORIDA 684
STATUTES. 685
686
(9) THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM 687
ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE 688
PURCHASER, YOU SHOULD REFER TO TH E RECREATIONAL 689
COVENANTS BEFORE PURCHASE. THE RECREATIONAL COVENANT 690
IS EITHER A MATTER OF PUBLIC RECORD AND CAN BE 691
OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE 692
THE PROPERTY IS LOCATED OR IS NOT RECORDED AND CAN BE 693
OBTAINED FROM THE DEVELOPER. 694
695
(8) This section may not be construed to impair the 696
validity or effectiveness of a recreational covenant recorded 697
before July 1, 2025, except as provided in paragraph (4)(a). 698
Section 11. The amendments made to ss. 720.301 and 699
720.302, Florida Statutes, an d s. 720.319(1), Florida Statutes, 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
as created by this act, are intended to clarify existing law and 701
shall apply retroactively, but do not revive or reinstate any 702
right or interest that has been fully and finally adjudicated as 703
invalid before July 1, 2025. 704
Section 12. Paragraph (d) of subsection (2) of section 705
212.055, Florida Statutes, is amended to read: 706
212.055 Discretionary sales surtaxes; legislative intent; 707
authorization and use of proceeds. —It is the legislative intent 708
that any authorization for imposition of a discretionary sales 709
surtax shall be published in the Florida Statutes as a 710
subsection of this section, irrespective of the duration of the 711
levy. Each enactment shall specify the types of counties 712
authorized to levy; the rate or rates which may be imposed; the 713
maximum length of time the surtax may be imposed, if any; the 714
procedure which must be followed to secure voter approval, if 715
required; the purpose for which the proceeds may be expended; 716
and such other requirements as the Legislature ma y provide. 717
Taxable transactions and administrative procedures shall be as 718
provided in s. 212.054. 719
(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX. — 720
(d) The proceeds of the surtax authorized by this 721
subsection and any accrued interest shall be expended by th e 722
school district, within the county and municipalities within the 723
county, or, in the case of a negotiated joint county agreement, 724
within another county, to finance, plan, and construct 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
infrastructure; to acquire any interest in land for public 726
recreation, conservation, or protection of natural resources or 727
to prevent or satisfy private property rights claims resulting 728
from limitations imposed by the designation of an area of 729
critical state concern; to provide loans, grants, or rebates to 730
residential or commercial property owners who make energy 731
efficiency improvements to their residential or commercial 732
property, if a local government ordinance authorizing such use 733
is approved by referendum; or to finance the closure of county -734
owned or municipally owned soli d waste landfills that have been 735
closed or are required to be closed by order of the Department 736
of Environmental Protection. Any use of the proceeds or interest 737
for purposes of landfill closure before July 1, 1993, is 738
ratified. The proceeds and any interes t may not be used for the 739
operational expenses of infrastructure, except that a county 740
that has a population of fewer than 75,000 and that is required 741
to close a landfill may use the proceeds or interest for long -742
term maintenance costs associated with land fill closure. 743
Counties, as defined in s. 125.011, and charter counties may, in 744
addition, use the proceeds or interest to retire or service 745
indebtedness incurred for bonds issued before July 1, 1987, for 746
infrastructure purposes, and for bonds subsequently i ssued to 747
refund such bonds. Any use of the proceeds or interest for 748
purposes of retiring or servicing indebtedness incurred for 749
refunding bonds before July 1, 1999, is ratified. 750
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. For the purposes of this paragraph, the term 751
"infrastructure" means: 752
a. Any fixed capital expenditure or fixed capital outlay 753
associated with the construction, reconstruction, or improvement 754
of public facilities that have a life expectancy of 5 or more 755
years, any related land acquisition, land improvement, design, 756
and engineering costs, and all other professional and related 757
costs required to bring the public facilities into service. For 758
purposes of this sub -subparagraph, the term "public facilities" 759
means facilities as defined in s. 163.3164(42) s. 163.3164(41), 760
s. 163.3221(13), or s. 189.012(5), and includes facilities that 761
are necessary to carry out governmental purposes, including, but 762
not limited to, fire stations, general governmental office 763
buildings, and animal shelters, regardless of whether the 764
facilities are owned by the local taxing authority or another 765
governmental entity. 766
b. A fire department vehicle, an emergency medical service 767
vehicle, a sheriff's office vehicle, a police department 768
vehicle, or any other vehicle, and the equipment necessary to 769
outfit the vehicle for its official use or equipment that has a 770
life expectancy of at least 5 years. 771
c. Any expenditure for the construction, lease, or 772
maintenance of, or provision of utilities or security for, 773
facilities, as defined in s. 29.008. 774
d. Any fixed capital expenditure or fixed capital outlay 775
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
associated with the improvement of private facilities that have 776
a life expectancy of 5 or more years and that the owner agrees 777
to make available for use on a temporary basis as needed by a 778
local government as a public emergency shelter or a staging area 779
for emergency response equipment during an emergency officially 780
declared by the state or by the local government under s. 781
252.38. Such improvements are limited to those necessary to 782
comply with current standards for public emergency evacuation 783
shelters. The owner must enter into a written contract with the 784
local government providing the improvement funding to make the 785
private facility available to the public for purposes of 786
emergency shelter at no cost to the local government for a 787
minimum of 10 years after completion of the improvement, with 788
the provision that the obligation will transfer to any 789
subsequent owner until the end of the minimum period. 790
e. Any land acquisition expenditure for a residentia l 791
housing project in which at least 30 percent of the units are 792
affordable to individuals or families whose total annual 793
household income does not exceed 120 percent of the area median 794
income adjusted for household size, if the land is owned by a 795
local government or by a special district that enters into a 796
written agreement with the local government to provide such 797
housing. The local government or special district may enter into 798
a ground lease with a public or private person or entity for 799
nominal or other consideration for the construction of the 800
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
residential housing project on land acquired pursuant to this 801
sub-subparagraph. 802
f. Instructional technology used solely in a school 803
district's classrooms. As used in this sub -subparagraph, the 804
term "instructional technology" means an interactive device that 805
assists a teacher in instructing a class or a group of students 806
and includes the necessary hardware and software to operate the 807
interactive device. The term also includes support systems in 808
which an interactive device may mount and is not required to be 809
affixed to the facilities. 810
2. For the purposes of this paragraph, the term "energy 811
efficiency improvement" means any energy conservation and 812
efficiency improvement that reduces consumption through 813
conservation or a more efficient use of electricity, natural 814
gas, propane, or other forms of energy on the property, 815
including, but not limited to, air sealing; installation of 816
insulation; installation of energy -efficient heating, cooling, 817
or ventilation systems; instal lation of solar panels; building 818
modifications to increase the use of daylight or shade; 819
replacement of windows; installation of energy controls or 820
energy recovery systems; installation of electric vehicle 821
charging equipment; installation of systems for na tural gas fuel 822
as defined in s. 206.9951; and installation of efficient 823
lighting equipment. 824
3. Notwithstanding any other provision of this subsection, 825
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a local government infrastructure surtax imposed or extended 826
after July 1, 1998, may allocate up to 15 percent of the surtax 827
proceeds for deposit into a trust fund within the county's 828
accounts created for the purpose of funding economic development 829
projects having a general public purpose of improving local 830
economies, including the funding of operational co sts and 831
incentives related to economic development. The ballot statement 832
must indicate the intention to make an allocation under the 833
authority of this subparagraph. 834
Section 13. Paragraph (a) of subsection (1) of section 835
336.125, Florida Statutes, is am ended to read: 836
336.125 Closing and abandonment of roads; optional 837
conveyance to homeowners' association; traffic control 838
jurisdiction.— 839
(1)(a) In addition to the authority provided in s. 336.12, 840
the governing body of the county may abandon the roads an d 841
rights-of-way dedicated in a recorded residential subdivision 842
plat and simultaneously convey the county's interest in such 843
roads, rights-of-way, and appurtenant drainage facilities to a 844
homeowners' association for the subdivision, if the following 845
conditions have been met: 846
1. The homeowners' association has requested the 847
abandonment and conveyance in writing for the purpose of 848
converting the subdivision to a gated neighborhood with 849
restricted public access. 850
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2. No fewer than four -fifths of the owners o f record of 851
property located in the subdivision have consented in writing to 852
the abandonment and simultaneous conveyance to the homeowners' 853
association. 854
3. The homeowners' association is both a corporation not 855
for profit organized and in good standing un der chapter 617, and 856
a "homeowners' association" as defined in s. 720.301 s. 857
720.301(9) with the power to levy and collect assessments for 858
routine and periodic major maintenance and operation of street 859
lighting, drainage, sidewalks, and pavement in the sub division. 860
4. The homeowners' association has entered into and 861
executed such agreements, covenants, warranties, and other 862
instruments; has provided, or has provided assurance of, such 863
funds, reserve funds, and funding sources; and has satisfied 864
such other requirements and conditions as may be established or 865
imposed by the county with respect to the ongoing operation, 866
maintenance, and repair and the periodic reconstruction or 867
replacement of the roads, drainage, street lighting, and 868
sidewalks in the subdivis ion after the abandonment by the 869
county. 870
Section 14. Subsection (29) of section 479.01, Florida 871
Statutes, is amended to read: 872
479.01 Definitions. —As used in this chapter, the term: 873
(29) "Zoning category" means the designation under the 874
land development regulations or other similar ordinance enacted 875
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to regulate the use of land as provided in s. 163.3202(2)(c) s. 876
163.3202(2)(b), which designation sets forth the allowable uses, 877
restrictions, and limitations on use applicable to properties 878
within the category. 879
Section 15. Subsection (2) of section 558.002, Florida 880
Statutes, is amended to read: 881
558.002 Definitions. —As used in this chapter, the term: 882
(2) "Association" has the same meaning as in s. 718.103, 883
s. 719.103(2), s. 720.301(12) s. 720.301(9), or s. 723.075. 884
Section 16. Section 617.0725, Florida Statutes, is amended 885
to read: 886
617.0725 Quorum.—An amendment to the articles of 887
incorporation or the bylaws which adds, changes, or deletes a 888
greater or lesser quorum or voting requirement must m eet the 889
same quorum or voting requirement and be adopted by the same 890
vote and voting groups required to take action under the quorum 891
and voting requirements then in effect or proposed to be 892
adopted, whichever is greater. This section does not apply to 893
any corporation that is an association, as defined in s. 894
720.301(12) s. 720.301(9), or any corporation regulated under 895
chapter 718 or chapter 719. 896
Section 17. Paragraph (b) of subsection (1) of section 897
718.116, Florida Statutes, is amended to read: 898
718.116 Assessments; liability; lien and priority; 899
interest; collection. — 900
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(1) 901
(b)1. The liability of a first mortgagee or its successor 902
or assignees who acquire title to a unit by foreclosure or by 903
deed in lieu of foreclosure for the unpaid assessments that 904
became due before the mortgagee's acquisition of title is 905
limited to the lesser of: 906
a. The unit's unpaid common expenses and regular periodic 907
assessments which accrued or came due during the 12 months 908
immediately preceding the acquisition of title and fo r which 909
payment in full has not been received by the association; or 910
b. One percent of the original mortgage debt. The 911
provisions of this paragraph apply only if the first mortgagee 912
joined the association as a defendant in the foreclosure action. 913
Joinder of the association is not required if, on the date the 914
complaint is filed, the association was dissolved or did not 915
maintain an office or agent for service of process at a location 916
which was known to or reasonably discoverable by the mortgagee. 917
2. An association, or its successor or assignee, that 918
acquires title to a unit through the foreclosure of its lien for 919
assessments is not liable for any unpaid assessments, late fees, 920
interest, or reasonable attorney's fees and costs that came due 921
before the association's acquisition of title in favor of any 922
other association, as defined in s. 718.103 or s. 720.301(12) s. 923
720.301(9), which holds a superior lien interest on the unit. 924
This subparagraph is intended to clarify existing law. 925
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 18. Paragraph (d ) of subsection (2) of section 926
720.3085, Florida Statutes, is amended to read: 927
720.3085 Payment for assessments; lien claims. — 928
(2) 929
(d) An association, or its successor or assignee, that 930
acquires title to a parcel through the foreclosure of its lien 931
for assessments is not liable for any unpaid assessments, late 932
fees, interest, or reasonable attorney's fees and costs that 933
came due before the association's acquisition of title in favor 934
of any other association, as defined in s. 718.103 or s. 935
720.301(12) s. 720.301(9), which holds a superior lien interest 936
on the parcel. This paragraph is intended to clarify existing 937
law. 938
Section 19. This act shall take effect July 1, 2025. 939