Florida Senate - 2025 CS for SB 1118 By the Committee on Community Affairs; and Senator McClain 578-02517-25 20251118c1 1 A bill to be entitled 2 An act relating to land use and development 3 regulations; amending s. 125.022, F.S.; prohibiting a 4 county from requiring an applicant to take certain 5 actions as a condition of processing a development 6 permit or development order; amending s. 163.3162, 7 F.S.; revising a statement of legislative purpose; 8 deleting language authorizing the owner of an 9 agricultural enclave to apply for a comprehensive plan 10 amendment; authorizing such owner instead to apply for 11 administrative approval of a development regardless of 12 future land use designations or comprehensive plan 13 conflicts under certain circumstances; deleting a 14 certain presumption of urban sprawl; requiring that an 15 application for administrative approval for certain 16 parcels include certain concepts; requiring that an 17 authorized development be treated as a conforming use; 18 requiring administrative approval of such development 19 within a specified timeframe if it complies with 20 certain requirements; prohibiting a local government 21 from enacting or enforcing certain regulations or 22 laws; providing that the production of ethanol from 23 certain products in a specified manner is not chemical 24 manufacturing or chemical refining; providing 25 retroactive applicability; conforming provisions to 26 changes made by the act; amending s. 163.3164, F.S.; 27 revising the definition of the terms agricultural 28 enclave and compatibility; amending s. 163.3167, 29 F.S.; defining the term land development regulation; 30 providing retroactive applicability; amending s. 31 163.3177, F.S.; prohibiting a comprehensive plan from 32 making a certain mandate; prohibiting optional 33 elements of a local comprehensive plan from containing 34 certain policies; requiring the use of certain 35 consistent data, where relevant, unless an applicant 36 can make a certain justification; amending s. 37 163.31801, F.S.; defining the term extraordinary 38 circumstance; amending s. 163.3184, F.S.; revising 39 the expedited state review process for the adoption of 40 comprehensive plan amendments; requiring a 41 supermajority vote for the adoption of certain 42 comprehensive plans and plan amendments; authorizing 43 owners of property subject to a comprehensive plan 44 amendment and persons applying for comprehensive plan 45 amendments to file civil actions for relief in certain 46 circumstances; providing requirements for such 47 actions; authorizing such owners and applicants to use 48 certain dispute resolution procedures; providing 49 applicability; amending s. 163.3206, F.S.; revising 50 the definition of the term fuel terminal; providing 51 applicability of a prohibition on amending a 52 comprehensive plan, a land use map, zoning districts, 53 or land development regulations in a certain manner; 54 amending s. 166.033, F.S.; prohibiting a municipality 55 from requiring an applicant to take certain actions as 56 a condition of processing a development permit or 57 development order; amending s. 171.044, F.S.; 58 providing that an exclusive method of voluntary 59 annexation may not affect certain powers granted to a 60 municipality; providing legislative intent; providing 61 retroactive applicability; providing that an exclusive 62 method of voluntary annexation which requires certain 63 county approval is void; amending s. 171.062, F.S.; 64 providing that a certain assumption of land use 65 regulation of land annexed by a municipality is a 66 power of the municipality as contemplated by the State 67 Constitution; providing applicability; providing 68 legislative intent; providing retroactive 69 applicability; amending s. 177.071, F.S.; requiring an 70 approving agency to administer plat submittals and 71 take specified actions within a certain timeframe; 72 authorizing an applicant to request final 73 administrative review of a plat submittal under 74 certain circumstances; requiring a governing body to 75 grant final administrative approval of a plat at its 76 next regularly scheduled meeting; providing an 77 exception; requiring such governing body to grant 78 final administrative approval of a resubmitted plat at 79 its next regularly scheduled meeting; amending s. 80 720.301, F.S.; revising definitions; amending s. 81 720.302, F.S.; revising applicability of the 82 Homeowners Association Act; amending s. 720.3086, 83 F.S.; revising applicability of provisions requiring a 84 certain financial report; creating part IV of ch. 720, 85 F.S., entitled Recreational Covenants; creating s. 86 720.408, F.S.; defining terms; creating s. 720.409, 87 F.S.; providing legislative findings and intent; 88 providing applicability; providing construction; 89 creating s. 720.41, F.S.; providing requirements for 90 certain recreational covenants recorded on or after a 91 certain date; requiring that a recreational covenant 92 recorded before a certain date be amended or 93 supplemented to comply with specified requirements; 94 limiting the annual increases in amenity fees and 95 amenity expenses in certain circumstances; prohibiting 96 a recreational covenant from requiring an association 97 to collect amenity dues beginning on a specified date; 98 prohibiting the termination of a recreational covenant 99 or right of a private amenity owner to suspend certain 100 rights from affecting an owner or a tenant of a parcel 101 in a certain manner; creating s. 720.411, F.S.; 102 requiring a specified disclosure summary for contracts 103 for the sale of certain parcels beginning on a 104 specified date; requiring certain persons to supply 105 the disclosure summary; requiring that certain 106 contracts or agreements for sale incorporate the 107 disclosure summary and include a specified statement 108 after a specified date; authorizing a prospective 109 purchaser to void a contract in a specified manner 110 under certain circumstances; creating s. 720.412, 111 F.S.; requiring a public amenity owner annually to 112 make a certain financial report public and available 113 for inspection in a certain manner within a certain 114 timeframe; providing requirements for the financial 115 report; providing applicability; providing an 116 effective date. 117 118 Be It Enacted by the Legislature of the State of Florida: 119 120 Section 1.Subsection (8) is added to section 125.022, 121 Florida Statutes, to read: 122 125.022Development permits and orders. 123 (8)A county may not as a condition of processing or 124 issuing a development permit or development order require an 125 applicant to install a work of art, pay a fee for a work of art, 126 or reimburse the county for any costs that the county may incur 127 related to a work of art. 128 Section 2.Subsections (1) and (4) of section 163.3162, 129 Florida Statutes, are amended, and subsection (5) is added to 130 that section, to read: 131 163.3162Agricultural lands and practices. 132 (1)LEGISLATIVE FINDINGS AND PURPOSE.The Legislature finds 133 that agricultural production is a major contributor to the 134 economy of the state; that agricultural lands constitute unique 135 and irreplaceable resources of statewide importance; that the 136 continuation of agricultural activities preserves the landscape 137 and environmental resources of the state, contributes to the 138 increase of tourism, and furthers the economic self-sufficiency 139 of the people of the state; and that the encouragement, 140 development, and improvement of agriculture will result in a 141 general benefit to the health, safety, and welfare of the people 142 of the state. It is the purpose of this act to protect 143 reasonable agricultural activities conducted on farm lands from 144 duplicative regulation and to protect the property rights of 145 agricultural land owners. 146 (4)ADMINISTRATIVE APPROVAL AMENDMENT TO LOCAL GOVERNMENT 147 COMPREHENSIVE PLAN.The owner of a parcel of land defined as an 148 agricultural enclave under s. 163.3164 may apply for 149 administrative approval of development regardless of the future 150 land use map designation of the parcel or any conflicting 151 comprehensive plan goals, objectives, or policies if the owners 152 request an amendment to the local government comprehensive plan 153 pursuant to s. 163.3184. Such amendment is presumed not to be 154 urban sprawl as defined in s. 163.3164 if it includes land uses 155 and densities and intensities of use that are consistent with 156 the approved uses and densities and intensities of use of the 157 industrial, commercial, or residential areas that surround the 158 parcel. This presumption may be rebutted by clear and convincing 159 evidence. Each application for administrative approval a 160 comprehensive plan amendment under this subsection for a parcel 161 larger than 700 640 acres must include appropriate new urbanism 162 concepts such as clustering, mixed-use development, the creation 163 of rural village and city centers, and the transfer of 164 development rights in order to discourage urban sprawl while 165 protecting landowner rights. A development authorized under this 166 subsection must be treated as a conforming use, notwithstanding 167 the local governments comprehensive plan, future land use 168 designation, or zoning. 169 (a)A proposed development authorized under this subsection 170 must be administratively approved within 120 days after the date 171 the local government receives a complete application, and no 172 further action by the governing body of the local government is 173 required. A The local government may not enact or enforce any 174 regulation or law for an agricultural enclave that is more 175 burdensome than for other types of applications for comparable 176 densities or intensities of use. Notwithstanding the future land 177 use designation of the agricultural enclave or whether it is 178 included in an urban service district, a local government must 179 approve the application if it otherwise complies with this 180 subsection and proposes only single-family residential, 181 community gathering, and recreational uses at a density that 182 does not exceed the average density allowed by a future land use 183 designation on any adjacent parcel that allows a density of at 184 least one dwelling unit per acre. A local government shall treat 185 an agricultural enclave that is adjacent to an urban service 186 district as if it were within the urban service district and the 187 owner of a parcel of land that is the subject of an application 188 for an amendment shall have 180 days following the date that the 189 local government receives a complete application to negotiate in 190 good faith to reach consensus on the land uses and intensities 191 of use that are consistent with the uses and intensities of use 192 of the industrial, commercial, or residential areas that 193 surround the parcel. Within 30 days after the local governments 194 receipt of such an application, the local government and owner 195 must agree in writing to a schedule for information submittal, 196 public hearings, negotiations, and final action on the 197 amendment, which schedule may thereafter be altered only with 198 the written consent of the local government and the owner. 199 Compliance with the schedule in the written agreement 200 constitutes good faith negotiations for purposes of paragraph 201 (c). 202 (b)Upon conclusion of good faith negotiations under 203 paragraph (a), regardless of whether the local government and 204 owner reach consensus on the land uses and intensities of use 205 that are consistent with the uses and intensities of use of the 206 industrial, commercial, or residential areas that surround the 207 parcel, the amendment must be transmitted to the state land 208 planning agency for review pursuant to s. 163.3184. If the local 209 government fails to transmit the amendment within 180 days after 210 receipt of a complete application, the amendment must be 211 immediately transferred to the state land planning agency for 212 such review. A plan amendment transmitted to the state land 213 planning agency submitted under this subsection is presumed not 214 to be urban sprawl as defined in s. 163.3164. This presumption 215 may be rebutted by clear and convincing evidence. 216 (c)If the owner fails to negotiate in good faith, a plan 217 amendment submitted under this subsection is not entitled to the 218 rebuttable presumption under this subsection in the negotiation 219 and amendment process. 220 (d)Nothing within this subsection relating to agricultural 221 enclaves shall preempt or replace any protection currently 222 existing for any property located within the boundaries of the 223 following areas: 224 1.The Wekiva Study Area, as described in s. 369.316; or 225 2.The Everglades Protection Area, as defined in s. 226 373.4592(2). 227 (5)PRODUCTION OF ETHANOL.For the purposes of this 228 section, the production of ethanol from plants and plant 229 products as defined in s. 581.011 by fermentation, distillation, 230 and drying is not chemical manufacturing or chemical refining. 231 This subsection is remedial and clarifying in nature and applies 232 retroactively to any law, regulation, or ordinance or any 233 interpretation thereof. 234 Section 3.Subsections (4) and (9) of section 163.3164, 235 Florida Statutes, are amended to read: 236 163.3164Community Planning Act; definitions.As used in 237 this act: 238 (4)Agricultural enclave means an unincorporated, 239 undeveloped parcel or parcels that: 240 (a)Are Is owned or controlled by a single person or 241 entity; 242 (b)Have Has been in continuous use for bona fide 243 agricultural purposes, as defined by s. 193.461, for a period of 244 5 years before prior to the date of any comprehensive plan 245 amendment or development application; 246 (c)1.Are Is surrounded on at least 75 percent of their its 247 perimeter by: 248 a.1.A parcel or parcels Property that have has existing 249 industrial, commercial, or residential development; or 250 b.2.A parcel or parcels Property that the local government 251 has designated, in the local governments comprehensive plan, 252 zoning map, and future land use map, as land that is to be 253 developed for industrial, commercial, or residential purposes, 254 and at least 75 percent of such parcel or parcels are property 255 is existing industrial, commercial, or residential development; 256 2.Do not exceed 700 acres and are surrounded on at least 257 50 percent of their perimeter by a parcel or parcels that the 258 local government has designated in the local governments 259 comprehensive plan and future land use map as land that is to be 260 developed for industrial, commercial, or residential purposes; 261 and the parcel or parcels are surrounded on at least 50 percent 262 of their perimeter by a parcel or parcels within an urban 263 service district, area, or line; or 264 3.Were located within the boundary of a rural study area 265 adopted in the local governments comprehensive plan as of 266 January 1, 2025, which was intended to be developed with 267 residential uses at a density of at least one dwelling unit per 268 acre and was surrounded on at least 50 percent of the study 269 areas perimeter in the local governments jurisdiction by a 270 parcel or parcels that either are designated in the local 271 governments comprehensive plan and future land use map as land 272 that can be developed for industrial, commercial, or residential 273 purposes or which has been developed with industrial, 274 commercial, or residential uses; 275 (d)Have Has public services, including water, wastewater, 276 transportation, schools, and recreation facilities, available or 277 such public services are scheduled in the capital improvement 278 element to be provided by the local government or can be 279 provided by an alternative provider of local government 280 infrastructure in order to ensure consistency with applicable 281 concurrency provisions of s. 163.3180, or the applicant offers 282 to enter into a binding agreement to pay for, construct, or 283 contribute land for its proportionate share of such 284 improvements; and 285 (e)Do Does not exceed 1,280 acres; however, if the parcel 286 or parcels are property is surrounded by existing or authorized 287 residential development that will result in a density at 288 buildout of at least 1,000 residents per square mile, then the 289 area must shall be determined to be urban and the parcel or 290 parcels may not exceed 4,480 acres. 291 292 Where a right-of-way, body of water, or canal exists along the 293 perimeter of a parcel, the perimeter calculations of the 294 agricultural enclave must be based on the parcel or parcels 295 across the right-of-way, body of water, or canal. 296 (9)Compatibility means a condition in which land uses or 297 conditions can coexist in relative proximity to each other in a 298 stable fashion over time such that no use or condition is unduly 299 negatively impacted directly or indirectly by another use or 300 condition. All residential land use categories, residential 301 zoning categories, and housing types are compatible with each 302 other. 303 Section 4.Paragraphs (b) and (e) of subsection (8) of 304 section 163.3167, Florida Statutes, are amended to read: 305 163.3167Scope of act. 306 (8) 307 (b)An initiative or referendum process in regard to any 308 land development regulation is prohibited. For purposes of this 309 paragraph, the term land development regulation includes any 310 code, ordinance, rule, or charter provision that regulates or 311 otherwise affects the use of land, including, but not limited 312 to, density regulations; municipal boundary lines, except as 313 specified in s. 171.044; and any regulation that could otherwise 314 be accomplished or affected through the comprehensive planning 315 process. 316 (e)It is the intent of the Legislature that initiative and 317 referendum be prohibited in regard to any development order or 318 land development regulation. It is the intent of the Legislature 319 that initiative and referendum be prohibited in regard to any 320 local comprehensive plan amendment or map amendment, except as 321 specifically and narrowly allowed by paragraph (c). Therefore, 322 the prohibition on initiative and referendum imposed under this 323 subsection stated in paragraphs (a) and (c) is remedial in 324 nature and applies retroactively to any initiative or referendum 325 process commenced after June 1, 2011, and any such initiative or 326 referendum process commenced or completed thereafter is deemed 327 null and void and of no legal force and effect. 328 Section 5.Paragraph (f) of subsection (1) and subsection 329 (2) of section 163.3177, Florida Statutes, are amended to read: 330 163.3177Required and optional elements of comprehensive 331 plan; studies and surveys. 332 (1)The comprehensive plan shall provide the principles, 333 guidelines, standards, and strategies for the orderly and 334 balanced future economic, social, physical, environmental, and 335 fiscal development of the area that reflects community 336 commitments to implement the plan and its elements. These 337 principles and strategies shall guide future decisions in a 338 consistent manner and shall contain programs and activities to 339 ensure comprehensive plans are implemented. The sections of the 340 comprehensive plan containing the principles and strategies, 341 generally provided as goals, objectives, and policies, shall 342 describe how the local governments programs, activities, and 343 land development regulations will be initiated, modified, or 344 continued to implement the comprehensive plan in a consistent 345 manner. It is not the intent of this part to require the 346 inclusion of implementing regulations in the comprehensive plan 347 but rather to require identification of those programs, 348 activities, and land development regulations that will be part 349 of the strategy for implementing the comprehensive plan and the 350 principles that describe how the programs, activities, and land 351 development regulations will be carried out. The plan shall 352 establish meaningful and predictable standards for the use and 353 development of land and provide meaningful guidelines for the 354 content of more detailed land development and use regulations. 355 (f)All mandatory and optional elements of the 356 comprehensive plan and plan amendments shall be based upon 357 relevant and appropriate data and an analysis by the local 358 government that may include, but not be limited to, surveys, 359 studies, community goals and vision, and other data available at 360 the time of adoption of the comprehensive plan or plan 361 amendment. To be based on data means to react to it in an 362 appropriate way and to the extent necessary indicated by the 363 data available on that particular subject at the time of 364 adoption of the plan or plan amendment at issue. 365 1.Surveys, studies, and data utilized in the preparation 366 of the comprehensive plan may not be deemed a part of the 367 comprehensive plan unless adopted as a part of it. Copies of 368 such studies, surveys, data, and supporting documents for 369 proposed plans and plan amendments shall be made available for 370 public inspection, and copies of such plans shall be made 371 available to the public upon payment of reasonable charges for 372 reproduction. Support data or summaries are not subject to the 373 compliance review process, but the comprehensive plan must be 374 clearly based on appropriate data. Support data or summaries may 375 be used to aid in the determination of compliance and 376 consistency. 377 2.Data must be taken from professionally accepted sources. 378 The application of a methodology utilized in data collection or 379 whether a particular methodology is professionally accepted may 380 be evaluated. However, the evaluation may not include, and a 381 comprehensive plan may not mandate, whether one accepted 382 methodology is better than another. Original data collection by 383 local governments is not required. However, local governments 384 may use original data so long as methodologies are 385 professionally accepted. 386 3.The comprehensive plan shall be based upon permanent and 387 seasonal population estimates and projections, which shall 388 either be those published by the Office of Economic and 389 Demographic Research or generated by the local government based 390 upon a professionally acceptable methodology. The plan must be 391 based on at least the minimum amount of land required to 392 accommodate the medium projections as published by the Office of 393 Economic and Demographic Research for at least a 10-year 394 planning period unless otherwise limited under s. 380.05, 395 including related rules of the Administration Commission. Absent 396 physical limitations on population growth, population 397 projections for each municipality, and the unincorporated area 398 within a county must, at a minimum, be reflective of each areas 399 proportional share of the total county population and the total 400 county population growth. 401 (2)Coordination of the required and optional several 402 elements of the local comprehensive plan must shall be a major 403 objective of the planning process. The required and optional 404 several elements of the comprehensive plan must shall be 405 consistent. Optional elements of the comprehensive plan may not 406 contain policies that restrict the density or intensity 407 established in the future land use element. Where data is 408 relevant to required and optional several elements, consistent 409 data must shall be used, including population estimates and 410 projections unless alternative data can be justified by an 411 applicant for a plan amendment through new supporting data and 412 analysis. Each map depicting future conditions must reflect the 413 principles, guidelines, and standards within all elements, and 414 each such map must be contained within the comprehensive plan. 415 Section 6.Present paragraphs (a) and (b) of subsection (3) 416 of section 163.31801, Florida Statutes, are redesignated as 417 paragraphs (b) and (c), respectively, a new paragraph (a) is 418 added to that subsection, and paragraph (g) of subsection (6) of 419 that section is republished, to read: 420 163.31801Impact fees; short title; intent; minimum 421 requirements; audits; challenges. 422 (3)For purposes of this section, the term: 423 (a)Extraordinary circumstance means: 424 1.For a county, that the permanent population estimate 425 determined for the county by the University of Florida Bureau of 426 Economic and Business Research is at least 1.25 times the 5-year 427 high-series population projection for the county as published by 428 the University of Florida Bureau of Economic and Business 429 Research immediately before the year of the population estimate; 430 or 431 2.For a municipality, that the municipality is located 432 within a county with such a permanent population estimate and 433 the municipality demonstrates that it has maintained a 434 proportionate share of the countys population growth during the 435 preceding 5-year period. 436 (6)A local government, school district, or special 437 district may increase an impact fee only as provided in this 438 subsection. 439 (g)A local government, school district, or special 440 district may increase an impact fee rate beyond the phase-in 441 limitations established under paragraph (b), paragraph (c), 442 paragraph (d), or paragraph (e) by establishing the need for 443 such increase in full compliance with the requirements of 444 subsection (4), provided the following criteria are met: 445 1.A demonstrated-need study justifying any increase in 446 excess of those authorized in paragraph (b), paragraph (c), 447 paragraph (d), or paragraph (e) has been completed within the 12 448 months before the adoption of the impact fee increase and 449 expressly demonstrates the extraordinary circumstances 450 necessitating the need to exceed the phase-in limitations. 451 2.The local government jurisdiction has held not less than 452 two publicly noticed workshops dedicated to the extraordinary 453 circumstances necessitating the need to exceed the phase-in 454 limitations set forth in paragraph (b), paragraph (c), paragraph 455 (d), or paragraph (e). 456 3.The impact fee increase ordinance is approved by at 457 least a two-thirds vote of the governing body. 458 Section 7.Subsection (3) and paragraph (a) of subsection 459 (11) of section 163.3184, Florida Statutes, are amended, and 460 subsection (14) is added to that section, to read: 461 163.3184Process for adoption of comprehensive plan or plan 462 amendment. 463 (3)EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 464 COMPREHENSIVE PLAN AMENDMENTS. 465 (a)The process for amending a comprehensive plan described 466 in this subsection shall apply to all amendments except as 467 provided in paragraphs (2)(b) and (c) and shall be applicable 468 statewide. 469 (b)1.If a plan amendment or amendments are adopted, the 470 local government, after the initial public hearing held pursuant 471 to subsection (11), must shall transmit, within 10 working days 472 after the date of adoption, the amendment or amendments and 473 appropriate supporting data and analyses to the reviewing 474 agencies. The local governing body must shall also transmit a 475 copy of the amendments and supporting data and analyses to any 476 other local government or governmental agency that has filed a 477 written request with the governing body. 478 2.The reviewing agencies and any other local government or 479 governmental agency specified in subparagraph 1. may provide 480 comments regarding the amendment or amendments to the local 481 government. State agencies shall only comment on important state 482 resources and facilities that will be adversely impacted by the 483 amendment if adopted. Comments provided by state agencies shall 484 state with specificity how the plan amendment will adversely 485 impact an important state resource or facility and shall 486 identify measures the local government may take to eliminate, 487 reduce, or mitigate the adverse impacts. Such comments, if not 488 resolved, may result in a challenge by the state land planning 489 agency to the plan amendment. Agencies and local governments 490 must transmit their comments to the affected local government 491 such that they are received by the local government not later 492 than 30 days after the date on which the agency or government 493 received the amendment or amendments. Reviewing agencies shall 494 also send a copy of their comments to the state land planning 495 agency. 496 3.Comments to the local government from a regional 497 planning council, county, or municipality shall be limited as 498 follows: 499 a.The regional planning council review and comments shall 500 be limited to adverse effects on regional resources or 501 facilities identified in the strategic regional policy plan and 502 extrajurisdictional impacts that would be inconsistent with the 503 comprehensive plan of any affected local government within the 504 region. A regional planning council may not review and comment 505 on a proposed comprehensive plan amendment prepared by such 506 council unless the plan amendment has been changed by the local 507 government subsequent to the preparation of the plan amendment 508 by the regional planning council. 509 b.County comments shall be in the context of the 510 relationship and effect of the proposed plan amendments on the 511 county plan. 512 c.Municipal comments shall be in the context of the 513 relationship and effect of the proposed plan amendments on the 514 municipal plan. 515 d.Military installation comments shall be provided in 516 accordance with s. 163.3175. 517 4.Comments to the local government from state agencies 518 shall be limited to the following subjects as they relate to 519 important state resources and facilities that will be adversely 520 impacted by the amendment if adopted: 521 a.The Department of Environmental Protection shall limit 522 its comments to the subjects of air and water pollution; 523 wetlands and other surface waters of the state; federal and 524 state-owned lands and interest in lands, including state parks, 525 greenways and trails, and conservation easements; solid waste; 526 water and wastewater treatment; and the Everglades ecosystem 527 restoration. 528 b.The Department of State shall limit its comments to the 529 subjects of historic and archaeological resources. 530 c.The Department of Transportation shall limit its 531 comments to issues within the agencys jurisdiction as it 532 relates to transportation resources and facilities of state 533 importance. 534 d.The Fish and Wildlife Conservation Commission shall 535 limit its comments to subjects relating to fish and wildlife 536 habitat and listed species and their habitat. 537 e.The Department of Agriculture and Consumer Services 538 shall limit its comments to the subjects of agriculture, 539 forestry, and aquaculture issues. 540 f.The Department of Education shall limit its comments to 541 the subject of public school facilities. 542 g.The appropriate water management district shall limit 543 its comments to flood protection and floodplain management, 544 wetlands and other surface waters, and regional water supply. 545 h.The state land planning agency shall limit its comments 546 to important state resources and facilities outside the 547 jurisdiction of other commenting state agencies and may include 548 comments on countervailing planning policies and objectives 549 served by the plan amendment that should be balanced against 550 potential adverse impacts to important state resources and 551 facilities. 552 (c)1.The local government shall hold a second public 553 hearing, which shall be a hearing on whether to adopt one or 554 more comprehensive plan amendments pursuant to subsection (11). 555 If the local government fails, within 180 days after receipt of 556 agency comments, to hold the second public hearing, and to adopt 557 the comprehensive plan amendments, the amendments are deemed 558 withdrawn unless extended by agreement with notice to the state 559 land planning agency and any affected person that provided 560 comments on the amendment. The local government is in compliance 561 if the second public hearing is held within the 180-day period 562 after receipt of agency comments, even if the amendments are 563 approved at a subsequent hearing. The 180-day limitation does 564 not apply to amendments processed pursuant to s. 380.06. 565 2.All comprehensive plan amendments adopted by the 566 governing body, along with the supporting data and analysis, 567 shall be transmitted within 10 working days after the final 568 adoption hearing to the state land planning agency and any other 569 agency or local government that provided timely comments under 570 subparagraph (b)2. If the local government fails to transmit the 571 comprehensive plan amendments within 10 working days after the 572 final adoption hearing, the amendments are deemed withdrawn. 573 3.The state land planning agency shall notify the local 574 government of any deficiencies within 5 working days after 575 receipt of an amendment package. For purposes of completeness, 576 an amendment shall be deemed complete if it contains a full, 577 executed copy of: 578 a.The adoption ordinance or ordinances; 579 b.In the case of a text amendment, the amended language in 580 legislative format with new words inserted in the text 581 underlined, and words deleted stricken with hyphens; 582 c.In the case of a future land use map amendment, the 583 future land use map clearly depicting the parcel, its existing 584 future land use designation, and its adopted designation; and 585 d.Any data and analyses the local government deems 586 appropriate. 587 4.An amendment adopted under this paragraph does not 588 become effective until 31 days after the state land planning 589 agency notifies the local government that the plan amendment 590 package is complete. If timely challenged, an amendment does not 591 become effective until the state land planning agency or the 592 Administration Commission enters a final order determining the 593 adopted amendment to be in compliance. 594 (11)PUBLIC HEARINGS. 595 (a)The procedure for transmittal of a complete proposed 596 comprehensive plan or plan amendment pursuant to subparagraph 597 (3)(b)1. and paragraph (4)(b) and for adoption of a 598 comprehensive plan or plan amendment pursuant to subparagraphs 599 (3)(c)1. and (4)(e)1. must shall be by affirmative vote of not 600 less than a majority of the members of the governing body 601 present at the hearing. The adoption of a comprehensive plan or 602 plan amendment must shall be by ordinance approved by 603 affirmative vote of a majority of the members of the governing 604 body present at the hearing, except that the adoption of a 605 comprehensive plan or plan amendment must be by affirmative vote 606 of a supermajority of the members of the governing body if it 607 includes a future land use category amendment for a parcel or 608 parcels of land which is less dense or intense or includes more 609 restrictive or burdensome procedures concerning development, 610 including, but not limited to, the review, approval, or issuance 611 of a site plan, development permit, or development order. For 612 the purposes of transmitting or adopting a comprehensive plan or 613 plan amendment, the notice requirements in chapters 125 and 166 614 are superseded by this subsection, except as provided in this 615 part. 616 (14)REVIEW OF APPLICATION.An owner of real property 617 subject to a comprehensive plan amendment or a person applying 618 for a comprehensive plan amendment that is not adopted by the 619 local government or who is not provided the opportunity for a 620 hearing within 180 days after the filing of the application may 621 file a civil action for declaratory, injunctive, or other 622 relief, which must be reviewed de novo. The local government has 623 the burden of proving by a preponderance of the evidence that 624 the application is inconsistent with the local governments 625 comprehensive plan and that the existing comprehensive plan is 626 in compliance and supported by relevant and appropriate data and 627 analysis. The court may not use a deferential standard for the 628 benefit of the local government. Before initiating such an 629 action, the owner or applicant may use the dispute resolution 630 procedures under s. 70.45. This subsection applies to 631 comprehensive plan amendments under review or filed on or after 632 July 1, 2025. 633 Section 8.Paragraph (b) of subsection (2) and subsection 634 (3) of section 163.3206, Florida Statutes, are amended to read: 635 163.3206Fuel terminals. 636 (2)As used in this section, the term: 637 (b)Fuel terminal means a storage and distribution 638 facility for fuel, supplied by pipeline or marine vessel, which 639 has the capacity to receive, and store, or deploy a bulk 640 transfer of fuel, is equipped with a loading rack through 641 equipment that which fuel is physically transfers the fuel 642 transferred into tanker trucks, or rail cars, marine vessels, or 643 marine barges, and is registered with the Internal Revenue 644 Service as a terminal. The term also includes any adjacent 645 submerged lands or waters used by marine vessels or marine 646 barges for loading and offloading fuel. 647 (3)After July 1, 2014, a local government may not amend 648 its comprehensive plan, land use map, zoning districts, or land 649 development regulations in a manner that would conflict with a 650 fuel terminals classification as a permitted and allowable use, 651 including, but not limited to, an amendment that causes a fuel 652 terminal to be a nonconforming use, structure, or development. 653 This subsection does not apply if the fuel terminals owner 654 notifies the local government that the owner intends to 655 decommission the fuel terminal. 656 Section 9.Subsection (8) is added to section 166.033, 657 Florida Statutes, to read: 658 166.033Development permits and orders. 659 (8)A municipality may not as a condition of processing or 660 issuing a development permit or development order require an 661 applicant to install a work of art, pay a fee for a work of art, 662 or reimburse the municipality for any costs that the 663 municipality may incur related to a work of art. 664 Section 10.Subsection (4) of section 171.044, Florida 665 Statutes, is amended, and subsection (7) is added to that 666 section, to read: 667 171.044Voluntary annexation. 668 (4)The method of annexation provided by this section shall 669 be supplemental to any other procedure provided by general or 670 special law, except that this section does shall not apply to 671 municipalities in counties with charters which provide for an 672 exclusive method of municipal annexation. An exclusive method of 673 voluntary annexation may not affect the powers granted to a 674 municipality in s. 171.062 to assume control over the land use 675 plan of the annexed area or prevent a municipality from 676 exercising the municipal power to ratify a voluntary annexation. 677 (7)It is the intent of the Legislature that the powers 678 granted to municipalities to assume control over the land use of 679 an annexed area be preserved. Therefore, the prohibition on 680 affecting the powers granted to municipalities in s. 171.062 681 under subsection (4) is remedial in nature and applies 682 retroactively to any exclusive method of voluntary annexation 683 which was placed into effect after June 1, 2011. An exclusive 684 method of voluntary annexation placed into effect thereafter 685 which violates such prohibition is void. An exclusive method of 686 voluntary annexation which requires approval from a county 687 government to complete the annexation violates such prohibition 688 and is void. 689 Section 11.Subsection (2) of section 171.062, Florida 690 Statutes, is amended, and subsections (6) and (7) are added to 691 that section, to read: 692 171.062Effects of annexations or contractions. 693 (2)If the area annexed was subject to a county land use 694 plan and county zoning or subdivision regulations, these 695 regulations remain in full force and effect until the 696 municipality adopts a comprehensive plan amendment that includes 697 the annexed area. This assumption of land use regulation by the 698 municipality is a power of a municipality as contemplated in s. 699 4, Art. VIII of the State Constitution. 700 (6)This section applies to all counties and 701 municipalities, including municipalities in counties with 702 charters that provide for an exclusive method of voluntary 703 annexation. 704 (7)It is the intent of the Legislature that the powers 705 granted to municipalities to assume control over the land use of 706 an annexed area be preserved. Therefore, this section is 707 remedial in nature and applies retroactively to any exclusive 708 method of voluntary annexation which was placed into effect 709 after June 1, 2011, and any such method placed into effect 710 thereafter which limits or otherwise infringes upon the power 711 granted to municipalities is void. 712 Section 12.Section 177.071, Florida Statutes, is amended 713 to read: 714 177.071Approval of plat by governing bodies. 715 (1)The approving agency, which may include a board, a 716 committee, an employee, or a consultant engaged as agent for the 717 jurisdiction, as provided by land development regulations, shall 718 administer plat submittals for the governing body and, within 45 719 days after receipt of a plat submittal, must recommend approval 720 if the plat meets the requirements of s. 177.091 or, if the plat 721 does not meet the requirements of s. 177.091, provide a set of 722 written comments to the applicant specifying the areas of 723 noncompliance. An applicant may resubmit a plat in response to 724 such written comments. An applicant may request final 725 administrative review of a plat submittal after responding to 726 two sets of written comments provided by the approving agency. 727 (2)Upon issuance of a recommendation of approval of a plat 728 by the approving agency or upon request of an applicant in 729 accordance with subsection (1), the governing body shall at its 730 next regularly scheduled meeting grant final administrative 731 approval of the plat Before a plat is offered for recording 732 unless the governing body determines that the approving agency 733 erred in determining that the plat meets the requirements of s. 734 177.091 or determines that the approving agency correctly 735 determined that the plat does not meet the requirements of s. 736 177.091., it must be approved by the appropriate governing body, 737 and Evidence of such final administrative approval must be 738 placed on the plat. If not approved, the governing body must 739 return the plat to the professional surveyor and mapper or the 740 legal entity offering the plat for recordation in accordance 741 with the requirements of s. 177.091. The governing body shall 742 grant final administrative approval at its next regularly 743 scheduled meeting following resubmittal of the plat by the 744 applicant. For the purposes of this part: 745 (a)When the plat to be submitted for approval is located 746 wholly within the boundaries of a municipality, the governing 747 body of the municipality has exclusive jurisdiction to approve 748 the plat. 749 (b)When a plat lies wholly within the unincorporated areas 750 of a county, the governing body of the county has exclusive 751 jurisdiction to approve the plat. 752 (c)When a plat lies within the boundaries of more than one 753 governing body, two plats must be prepared and each governing 754 body has exclusive jurisdiction to approve the plat within its 755 boundaries, unless the governing bodies having said jurisdiction 756 agree that one plat is mutually acceptable. 757 (3)(2)Any provision in a county charter, or in an 758 ordinance of any charter county or consolidated government 759 chartered under s. 6(e), Art. VIII of the State Constitution, 760 which provision is inconsistent with anything contained in this 761 section shall prevail in such charter county or consolidated 762 government to the extent of any such inconsistency. 763 Section 13.Subsections (1), (8), and (10) of section 764 720.301, Florida Statutes, are amended to read: 765 720.301Definitions.As used in this chapter, the term: 766 (1)Assessment or amenity fee means a sum or sums of 767 money payable to the association, to the developer or other 768 owner of common areas, or to recreational facilities and other 769 properties serving the parcels by the owners of one or more 770 parcels as authorized in the governing documents, which if not 771 paid by the owner of a parcel, can result in a lien against the 772 parcel by the association. The term does not include amenity 773 dues, amenity expenses, or amenity fees as those terms are 774 defined in s. 720.408. 775 (8)(a)Governing documents means: 776 1.(a)The recorded declaration of covenants for a community 777 and all duly adopted and recorded amendments, supplements, and 778 recorded exhibits thereto; and 779 2.(b)The articles of incorporation and bylaws of the 780 homeowners association and any duly adopted amendments thereto. 781 (b)Consistent with s. 720.302(3)(b), recreational 782 covenants respecting privately owned recreational amenities as 783 set forth in part IV of this chapter are not governing documents 784 of an association, even if such recreational covenants are 785 attached as exhibits to a declaration of covenants for an 786 association. This paragraph is remedial in nature and intended 787 to clarify existing law. 788 (10)Member means a member of an association, and may 789 include, but is not limited to, a parcel owner or an association 790 representing parcel owners or a combination thereof, and 791 includes any person or entity obligated by the governing 792 documents to pay an assessment to the association or an amenity 793 fee. 794 Section 14.Subsection (3) of section 720.302, Florida 795 Statutes, is amended to read: 796 720.302Purposes, scope, and application. 797 (3)This chapter does not apply to: 798 (a)A community that is composed of property primarily 799 intended for commercial, industrial, or other nonresidential 800 use; or 801 (b)The commercial or industrial parcels or privately owned 802 recreational amenities in a community that contains both 803 residential parcels and parcels intended for commercial or 804 industrial use, except that privately owned recreational 805 amenities are subject to and governed by part IV of this 806 chapter. 807 Section 15.Section 720.3086, Florida Statutes, is amended 808 to read: 809 720.3086Financial report.In a residential subdivision in 810 which the owners of lots or parcels must pay mandatory 811 maintenance or amenity fees to the subdivision developer or to 812 the owners of the common areas, recreational facilities, and 813 other properties serving the lots or parcels, the developer or 814 owner of such areas, facilities, or properties shall make 815 public, within 60 days following the end of each fiscal year, a 816 complete financial report of the actual, total receipts of 817 mandatory maintenance or amenity fees received by it, and an 818 itemized listing of the expenditures made by it from such fees, 819 for that year. Such report must shall be made public by mailing 820 it to each lot or parcel owner in the subdivision, by publishing 821 it in a publication regularly distributed within the 822 subdivision, or by posting it in prominent locations in the 823 subdivision. This section does not apply to amounts paid to 824 homeowner associations pursuant to chapter 617, chapter 718, 825 chapter 719, chapter 721, or chapter 723;, or to amounts paid to 826 local governmental entities, including special districts; or to 827 amounts paid to private amenity owners as defined in s. 828 720.408(4), which amounts are governed by and subject to s. 829 720.412. 830 Section 16.Part IV of chapter 720, Florida Statutes, 831 consisting of ss. 720.408-720.412, Florida Statutes, is created 832 and entitled Recreational Covenants. 833 Section 17.Section 720.408, Florida Statutes, is created 834 to read: 835 720.408Definitions.As used in ss. 720.408-720.412, the 836 term: 837 (1)Amenity dues means amenity expenses and amenity fees, 838 if any, in any combination, charged in accordance with a 839 recreational covenant. Amenity dues may include additional 840 components if such components are specified in the recreational 841 covenant. 842 (2)Amenity expenses means the costs of owning, 843 operating, managing, maintaining, and insuring privately owned 844 recreational amenities made available to parcel owners pursuant 845 to a recreational covenant, whether directly or indirectly. The 846 term includes, but is not limited to, maintenance, cleaning 847 fees, trash collection, utility charges, cable service charges, 848 legal fees, management fees, reserves, repairs, replacements, 849 refurbishments, payroll and payroll costs, insurance, working 850 capital, and ad valorem or other taxes, costs, expenses, levies, 851 and charges of any nature which may be levied or imposed 852 against, or in connection with, the privately owned recreational 853 amenities made available to parcel owners pursuant to a 854 recreational covenant. The term does not include income taxes; 855 the initial cost of construction of a privately owned 856 recreational amenity or any loan costs, loan fees, or debt 857 service of a private amenity owner related thereto; or legal 858 fees incurred by a private amenity owner in a legal action with 859 a homeowners association in which a final order or judgment 860 holds that the private amenity owner has committed fraud, price 861 gouging, or any other unfair business practice to the detriment 862 of the association and its members. 863 (3)Amenity fee means any amount, other than amenity 864 expenses, due in accordance with a recreational covenant which 865 is levied against parcel owners for recreational memberships or 866 use. An amenity fee may be composed of profit or other 867 components to be paid to a private amenity owner as provided in 868 a recreational covenant. 869 (4)Private amenity owner means the record title owner of 870 a privately owned recreational amenity who is responsible for 871 operation of the privately owned recreational amenity and is 872 authorized to levy amenity dues pursuant to the recreational 873 covenant. The term does not include a corporation not for profit 874 pursuant to chapter 617 or a local governmental entity, 875 including, but not limited to, a special district created 876 pursuant to chapter 189 or chapter 190. 877 (5)Privately owned recreational amenity means a 878 recreational facility or amenity intended for recreational use 879 or leisure activities owned by a private amenity owner and for 880 which parcel owners mandatory membership and use rights are 881 established pursuant to a recreational covenant. The term does 882 not include any common area or any property or facility owned by 883 a corporation not for profit pursuant to chapter 617 or a local 884 governmental entity, including, but not limited to, a special 885 district created pursuant to chapter 189 or chapter 190. 886 (6)Recreational covenant means a recorded covenant, 887 separate and distinct from a declaration of covenants, which 888 provides the nature and requirements of a membership in or the 889 use or purchase of privately owned recreational amenities for 890 parcel owners in one or more communities and which: 891 (a)Is recorded in the public records of the county in 892 which the property encumbered thereby is located; 893 (b)Contains information regarding the amenity dues that 894 may be imposed on members and other persons permitted to use the 895 privately owned recreational amenity and remedies that the 896 private amenity owner or other third party may have upon 897 nonpayment of such amenity fees; and 898 (c)Requires mandatory membership or mandatory payment of 899 amenity dues by some or all of the parcel owners in a community. 900 Section 18.Section 720.409, Florida Statutes, is created 901 to read: 902 720.409Recreational covenants. 903 (1)LEGISLATIVE FINDINGS.The Legislature finds that: 904 (a)Recreational covenants are widely used throughout this 905 state as a mechanism to provide enhanced recreational amenities 906 to communities, but such recreational covenants are largely 907 unregulated. 908 (b)There exists a need to develop certain protections in 909 favor of parcel owners while encouraging the economic benefit of 910 the development and availability of privately owned recreational 911 amenities and a flexible means for private amenity owners to 912 operate such privately owned recreational amenities pursuant to 913 recreational covenants. 914 (c)Recreational covenants fulfill a vital role in 915 providing amenities to residential communities throughout this 916 state. 917 (2)PURPOSE, SCOPE, AND APPLICATION. 918 (a)This part is intended to provide certain protections 919 for parcel owners and give statutory recognition to the use of 920 recreational covenants. This part is further intended to respect 921 the contractual relationship and intent of the parties to real 922 property transactions that occurred before July 1, 2025, and 923 such parties reliance on covenants, conditions, restrictions, 924 or other interests created by those transactions. 925 (b)Parcels within a community may be subject to a 926 recreational covenant, which recreational covenant and the 927 privately owned recreational amenities governed by such 928 recreational covenant are not governed by this chapter except as 929 expressly provided in this part. 930 (c)This part does not apply to recorded covenants, 931 agreements, or other documents which are not recreational 932 covenants. 933 (d)This part applies to recreational covenants existing 934 before July 1, 2025, and to recreational covenants recorded on 935 or after July 1, 2025, and, except as otherwise expressly set 936 forth in this part, applies retroactively and prospectively to 937 all recreational covenants. 938 (e)This part does not revive or reinstate any right, 939 claim, or interest that has been fully and finally adjudicated 940 as invalid before July 1, 2025. 941 Section 19. Section 720.41, Florida Statutes, is created 942 to read: 943 720.41Requirements for recreational covenants. 944 (1)A recreational covenant recorded on or after July 1, 945 2025, which creates mandatory membership in a club or imposes 946 mandatory amenity dues on parcel owners must specify all of the 947 following: 948 (a)The parcels within the community which are or will be 949 subject to mandatory membership in a club or to the imposition 950 of mandatory amenity dues. 951 (b)The person responsible for owning, maintaining, and 952 operating the privately owned recreational amenity governed by 953 the recreational covenant, which may be the developer. 954 (c)The manner in which amenity dues are apportioned and 955 collected from each encumbered parcel owner, and the person 956 authorized to collect such dues. The recreational covenant must 957 specify the components of the amenity dues. 958 (d)The amount of any amenity fee included in the amenity 959 dues. If the amount of such amenity fee is not specified, the 960 recreational covenant must specify the manner in which such fee 961 is calculated. 962 (e)The manner in which amenity fees may be increased, 963 which increase may occur periodically by a fixed percentage, a 964 fixed dollar amount, or in accordance with increases in the 965 consumer price index. 966 (f)The collection rights and remedies that are available 967 for enforcing payment of amenity dues. 968 (g)A statement of whether collection rights to enforce 969 payment of amenity dues are subordinate to an associations 970 right to collect assessments. 971 (h)A statement of whether the privately owned recreational 972 amenity is open to the public or may be used by persons who are 973 not members or parcel owners within the community. 974 (2)(a)A recreational covenant recorded before July 1, 975 2025, must be amended or supplemented to comply with the 976 requirements of paragraphs (1)(a)-(d) by July 1, 2026. 977 (b)If a recreational covenant recorded before July 1, 978 2025, does not specify the manner in which amenity fees may be 979 increased as required by paragraph (1)(e), the increase in such 980 amenity fees is limited to a maximum annual increase in an 981 amount equal to the annual increase in the Consumer Price Index 982 for All Urban Consumers, U.S. City Average, All Items. 983 (3)A recreational covenant that does not specify the 984 amount by which amenity expenses may be increased is limited to 985 a maximum annual increase of 25 percent of the amenity expenses 986 from the preceding fiscal year. This limitation does not 987 prohibit an increase in amenity expenses resulting from a 988 natural disaster, an act of God, an increase in insurance costs, 989 an increase in utility rates, an increase in supply costs, an 990 increase in labor rates, or any other circumstance outside of 991 the reasonable control of the private amenity owner or other 992 person responsible for maintaining or operating the privately 993 owned recreational amenity governed by the recreational 994 covenant. 995 (4)Beginning July 1, 2025, notwithstanding any provision 996 in a recreational covenant to the contrary, an association may 997 not be required to collect amenity dues on behalf of a private 998 amenity owner. The private amenity owner or its agent is solely 999 responsible for the collection of amenity dues. 1000 (5)The termination of a recreational covenant or the right 1001 of a private amenity owner to suspend the right of a parcel 1002 owner to use a privately owned recreational amenity may not: 1003 (a)Prohibit an owner or a tenant of a parcel from having 1004 vehicular and pedestrian ingress to and egress from the parcel; 1005 (b)Prohibit an owner or a tenant of a parcel from 1006 receiving utilities provided to the parcel by virtue of utility 1007 facilities or utility easements located within the privately 1008 owned recreational amenity; or 1009 (c)Prohibit an owner or a tenant of a parcel from having 1010 access to any mail delivery facility serving the parcel which is 1011 located within the privately owned recreational amenity. 1012 Section 20.Section 720.411, Florida Statutes, is created 1013 to read: 1014 720.411Disclosure of recreational covenant before sale of 1015 residential parcels. 1016 (1)Beginning October 1, 2025, each contract for the sale 1017 of a parcel which is governed by a homeowners association but 1018 is also subject to a recreational covenant must contain in 1019 conspicuous type a clause that substantially states: 1020 1021 DISCLOSURE SUMMARY 1022 1023 YOUR LOT, DWELLING, AND/OR PARCEL IS SUBJECT TO A 1024 RECREATIONAL COVENANT. AS A PURCHASER OF PROPERTY 1025 SUBJECT TO THE RECREATIONAL COVENANT, YOU WILL BE 1026 OBLIGATED TO PAY AMENITY DUES TO A PRIVATE AMENITY 1027 OWNER. 1028 1029 BUYER ACKNOWLEDGES ALL OF THE FOLLOWING: 1030 1031 (1)THE RECREATIONAL AMENITY GOVERNED BY THE 1032 RECREATIONAL COVENANT IS NOT A COMMON AREA OF THE 1033 HOMEOWNERS ASSOCIATION AND IS NOT OWNED OR CONTROLLED 1034 BY THE HOMEOWNERS ASSOCIATION. THE RECREATIONAL 1035 COVENANT IS NOT A GOVERNING DOCUMENT OF THE 1036 ASSOCIATION. 1037 1038 (2)CHARGES FOR AMENITY DUES WILL BE GOVERNED BY 1039 THE RECREATIONAL COVENANT. THE RECREATIONAL COVENANT 1040 CONTAINS IMPORTANT PROVISIONS AND RIGHTS AND IS OR 1041 WILL BE AVAILABLE IN THE PUBLIC RECORDS OF THE COUNTY. 1042 1043 (3)THE PARTY THAT CONTROLS THE MAINTENANCE AND 1044 OPERATION OF THE RECREATIONAL AMENITY DETERMINES THE 1045 BUDGET FOR THE OPERATION AND MAINTENANCE OF SUCH 1046 RECREATIONAL AMENITY. HOWEVER, THE PARCEL OWNERS 1047 SUBJECT TO THE RECREATIONAL COVENANT ARE STILL 1048 RESPONSIBLE FOR AMENITY DUES. 1049 1050 (4)AMENITY DUES MAY BE SUBJECT TO PERIODIC 1051 CHANGE. AMENITY DUES ARE IN ADDITION TO, AND SEPARATE 1052 AND DISTINCT FROM, ASSESSMENTS LEVIED BY THE 1053 HOMEOWNERS ASSOCIATION. 1054 1055 (5)FAILURE TO PAY AMENITY DUES OR OTHER CHARGES 1056 IMPOSED BY A PRIVATE AMENITY OWNER MAY RESULT IN A 1057 LIEN ON YOUR PROPERTY. 1058 1059 (6)THIRD PARTIES WHO ARE NOT MEMBERS OF THE 1060 HOMEOWNERS ASSOCIATION MAY HAVE THE RIGHT TO ACCESS 1061 AND USE THE RECREATIONAL AMENITY, AS DETERMINED BY THE 1062 ENTITY THAT CONTROLS SUCH RECREATIONAL AMENITY. 1063 1064 (7)MANDATORY MEMBERSHIP REQUIREMENTS OR OTHER 1065 OBLIGATIONS TO PAY AMENITY DUES CAN BE FOUND IN THE 1066 RECREATIONAL COVENANT OR OTHER RECORDED INSTRUMENT. 1067 1068 (8)THE PRIVATE AMENITY OWNER MAY HAVE THE RIGHT 1069 TO AMEND THE RECREATIONAL COVENANT WITHOUT THE 1070 APPROVAL OF MEMBERS OR PARCEL OWNERS, SUBJECT TO THE 1071 TERMS OF THE RECREATIONAL COVENANT AND SECTION 720.41, 1072 FLORIDA STATUTES. 1073 1074 (9)THE STATEMENTS CONTAINED IN THIS DISCLOSURE 1075 FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE 1076 PURCHASER, YOU SHOULD REFER TO THE RECREATIONAL 1077 COVENANTS BEFORE PURCHASE. THE RECREATIONAL COVENANT 1078 IS EITHER A MATTER OF PUBLIC RECORD AND CAN BE 1079 OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE 1080 THE PROPERTY IS LOCATED OR IS NOT RECORDED AND CAN BE 1081 OBTAINED FROM THE DEVELOPER. 1082 1083 (2)The disclosure summary required by this section must be 1084 supplied by the developer or, if the sale is by a parcel owner 1085 that is not the developer, by the parcel owner. After October 1, 1086 2025, any contract or agreement for sale must refer to and 1087 incorporate the disclosure summary and must include, in 1088 prominent language, a statement that the potential buyer should 1089 not execute the contract or agreement until they have received 1090 and read the disclosure summary required by this section. 1091 (3)After October 1, 2025, if the disclosure summary is not 1092 provided to a prospective purchaser as required by this section, 1093 the purchaser may void the contract by delivering to the seller 1094 or the sellers agent or representative written notice canceling 1095 the contract within 3 days after receipt of the disclosure 1096 summary or before closing, whichever occurs first. This right 1097 may not be waived by the purchaser but terminates at closing. 1098 Section 21.Section 720.412, Florida Statutes, is created 1099 to read: 1100 720.412Financial reporting.After October 1, 2025, in a 1101 residential subdivision in which the owners of lots or parcels 1102 must pay amenity dues owed to a private amenity owner pursuant 1103 to a recreational covenant, within 60 days after the end of each 1104 fiscal year the private amenity owner must make public, and 1105 available for inspection upon written request from a parcel 1106 owner within the applicable subdivision, a complete financial 1107 report of the actual, total receipts of amenity dues received by 1108 the private amenity owner, which includes an itemized list of 1109 the expenditures made by the private amenity owner with respect 1110 to operational costs, expenses, or other cash disbursements and 1111 amounts expended with respect to the operation of the privately 1112 owned recreational amenities for that year. The party preparing 1113 the financial report must have access to the supporting 1114 documents and records pertaining to the privately owned 1115 recreational amenities and private amenity owner, including the 1116 cash disbursements and related paid invoices to determine 1117 whether expenditures were for purposes related to owning, 1118 operating, managing, maintaining, and insuring privately owned 1119 recreational amenities and whether the cash receipts were billed 1120 in accordance with the recreational covenant. The financial 1121 report must be made public to each lot or parcel owner subject 1122 to the payment of such amenity dues by publishing a notice of 1123 its availability for inspection in a publication regularly 1124 distributed within the subdivision, or by posting such a notice 1125 in a prominent location in the subdivision and in prominent 1126 locations within the privately owned recreational amenities. 1127 This section does not apply to assessments or other amounts paid 1128 to an association pursuant to chapter 617, chapter 718, chapter 1129 719, chapter 721, or chapter 723, or to amounts paid to a local 1130 governmental entity, including, but not limited to, a special 1131 district created pursuant to chapter 189 or chapter 190. 1132 Section 22.This act shall take effect July 1, 2025.