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Florida Senate
-
2026
SB 906
By
Senator Garcia
36-01002-26 2026906__
1 A bill to be entitled
2 An act relating to homeowners’ associations; creating
3 s. 720.3024, F.S.; creating the Office of the
4 Homeowners’ Association Ombudsman within the Division
5 of Florida Condominiums, Timeshares, and Mobile Homes
6 of the Department of Business and Professional
7 Regulation; providing for funding of the office;
8 directing the Governor to appoint the ombudsman;
9 requiring that the ombudsman be an attorney admitted
10 to practice before the Florida Supreme Court;
11 prohibiting the ombudsman, officers, or full-time
12 employees of the office from holding certain
13 positions, engaging in certain activities, or
14 receiving certain remuneration; providing for the
15 principal location of the ombudsman’s office;
16 authorizing the ombudsman to establish branch offices
17 upon the concurrence of the Governor; specifying the
18 powers and duties of the ombudsman; providing a
19 process for monitoring homeowners’ association
20 elections; providing for the appointment of an
21 election monitor to attend an annual meeting of parcel
22 owners and to conduct the election of directors;
23 requiring that an association subject to election
24 monitoring pay all costs associated with the process;
25 requiring the division to adopt rules; creating s.
26 720.3025, F.S.; providing the duties of the division
27 relating to the development, construction, sale,
28 lease, ownership, operation, and management of
29 residential parcels and complaints; providing that the
30 division has complete jurisdiction to investigate
31 complaints and enforce compliance over associations
32 still under developer control; specifying the
33 jurisdiction of the division to review records and
34 investigate complaints after turnover; authorizing the
35 division to conduct necessary investigations within or
36 outside this state with specified analysts to make
37 certain determinations or to aid in the enforcement of
38 rules or forms; authorizing the division to require or
39 authorize any person to file a statement in writing
40 under oath for such investigations; authorizing
41 specified employees of the division to take certain
42 actions reasonably calculated to lead to the discovery
43 of material evidence; authorizing the division to
44 apply to the circuit court for an order compelling
45 compliance of such actions; authorizing the division
46 to institute enforcement proceeding in its own name
47 against certain persons; specifying the actions the
48 division may take and penalties the division may
49 impose in such proceedings; defining the term
50 “willfully and knowingly”; requiring the division to
51 provide officers or board members an opportunity to
52 voluntarily comply within a specified timeframe before
53 being subject to civil penalties; specifying the
54 manner in which penalties may be imposed; prohibiting
55 such penalties from exceeding a specified sum;
56 requiring the division to adopt rules regarding
57 penalty guidelines; specifying the criteria for such
58 guidelines; requiring that all amounts recovered be
59 deposited with the Chief Financial Officer to the
60 credit of the Division of Florida Condominiums,
61 Timeshares, and Mobile Homes Trust Fund; requiring the
62 division to order a developer who fails to pay the
63 civil penalties to cease and desist from further
64 operation until the civil penalties are paid or to
65 pursue enforcement of the penalties in court;
66 requiring the division to pursue enforcement in a
67 court of competent jurisdiction if an association
68 fails to pay its civil penalties; specifying when the
69 cease and desist order or the order from the court
70 imposing such penalties becomes effective; specifying
71 where such action must be brought; requiring the
72 division to issue a subpoena to require production of
73 certain records if a parcel owner presents the
74 division with proof that the parcel owner has not
75 received a copy of the official records after the
76 parcel owner requested access to official records in
77 writing by certified mail within a specified
78 timeframe; requiring the division to provide the
79 parcel owner access to such records without charge;
80 authorizing the division to seek additional civil
81 penalties; specifying the monetary range of such
82 penalties; authorizing the court to award certain
83 costs and fees to the prevailing party; authorizing
84 the division to issue citations and adopt rules;
85 requiring the division to provide training and
86 educational programs for homeowners’ association board
87 members and parcel owners; authorizing that such
88 training and education may be web-based electronic
89 media or live training and seminars in various
90 locations; authorizing the division to review and
91 approve the education and training programs and
92 maintain a current list available to board members and
93 parcel owners of approved programs and providers;
94 requiring the division to provide the division
95 approved provider with the template certificate for
96 issuance directly to the association’s board of
97 directors who have satisfactorily completed certain
98 required education and training; requiring the
99 division to adopt rules; requiring the division to
100 maintain a toll-free telephone number accessible to
101 parcel owners; requiring the division to conduct an
102 inquiry if a complaint is made, with due regard for
103 the interests of the affected party; requiring the
104 division to acknowledge the complaint and include in
105 such acknowledgment certain information within a
106 specified timeframe; requiring the division to conduct
107 its investigation within a specified timeframe;
108 providing that failure to complete its investigation
109 within the specified timeframe does not prevent the
110 division from continuing its investigation if
111 reasonable cause exists to believe that a violation
112 has occurred; requiring the division to notify the
113 complainant on a monthly basis and report certain
114 information; authorizing the division to adopt rules;
115 providing that certain persons of homeowners’
116 associations and community association firms have an
117 ongoing duty to reasonably cooperate with the division
118 in such investigations; requiring the division to
119 refer to local law enforcement authorities any person
120 who it has reason to believe is impeding its
121 investigation or is engaging in certain criminal
122 activity; authorizing certain division employees or
123 employees of the Office of the Homeowners’ Association
124 Ombudsman to attend and observe any meeting of the
125 board of administration or any parcel owner meeting if
126 such meetings are open to members of the association
127 for a specified purpose; authorizing the division to
128 contract with agencies in this state or other
129 jurisdictions to perform its investigative functions;
130 authorizing the division to accept grants-in-aid from
131 any source; requiring the division to cooperate with
132 similar agencies in other jurisdictions for a
133 specified purpose; providing the criteria that the
134 division considers notice to a developer to be
135 complete; authorizing the division to issue a notice
136 to show cause; requiring that a notice to show cause
137 provide for a hearing upon written request;
138 authorizing the division to request access to an
139 association’s website or application to investigate
140 complaints regarding access to the association’s
141 official records; authorizing the division to adopt
142 rules; requiring the directors of an association to
143 certify that each director has completed the written
144 certification and educational certificate
145 requirements; providing applicability; requiring all
146 homeowners’ associations to create and maintain an
147 online account with the division; requiring all
148 homeowners’ associations to provide specified
149 information to the division by a specified date;
150 requiring that such information be updated within a
151 specified timeframe; authorizing the division to
152 require homeowners’ associations to provide certain
153 information to the division; specifying the
154 information to be provided to the division; providing
155 an effective date.
156
157 Be It Enacted by the Legislature of the State of Florida:
158
159 Section 1. Section 720.3024, Florida Statutes, is created
160 to read:
161
720.3024
Office of the
Homeowners’ Association Ombudsman.—
162
(1) ADMINISTRATION; APPOINTMENT; LOCATION.—
163
(a) There is created
the
Office of the Homeowners’
164
Association Ombudsman to be located, for administrative
165
purposes, within
the
Division of Florida Condominiums,
166
Timeshares, and Mobile Homes of the D
epartment of Business and
167
Professional
Regulation. The functions of the office
shall be
168
funded by the
General Appropriations Act.
169
(b) The Governor shall appoint the ombudsman. The
ombudsman
170
must be an attorney admitted to practice before the
Florida
171
Supreme Court and
shall serve
at the pleasure of the
Governor.
172
The ombudsman,
or
an officer or a full-time employee of
the
173
ombudsman’s office
,
may not actively engage in any other
174
business or profession that directly or indirectly relates to or
175
conflicts with his or her work in the ombudsman’s office; serve
176
as the representative or an executive, officer, or employee of
177
any political party, executive committee, or other governing
178
body of a political party; receive remuneration for activities
179
on behalf of any candidate for public office; or engage in
180
soliciting votes or other activities on behalf of a candidate
181
for public office. The ombudsman, an officer, or a full-time
182
employee of the ombudsman’s office may not become a candidate
183
for election to public office unless he or she first resigns
184
from his or her office or employment.
185
(c) The ombudsman shall maintain his or her principal
186
office at a
location
convenient to the department, which will
187
enable the ombudsman to carry out expeditiously the duties and
188
functions of his or her office. The ombudsman may establish
189
branch offices elsewhere in th
is
state upon the concurrence of
190
the Governor.
191
(2) POWERS AND DUTIES.—The ombudsman has the powers
192
necessary to carry out the duties of his or her office,
193
including, but not limited to:
194
(a)
Having access to and use of all files and records of
195
the division.
196
(b)
Employing professional and clerical staff as necessary
197
for the efficient operation of the office.
198
(
c
) Preparing and issuing reports and recommendations to
199
the Governor, the department, the President of the Senate, and
200
the Speaker of the House of Representatives on any matter or
201
subject within the jurisdiction of this chapter.
202
(
d
) Acting as a liaison between the department, parcel
203
owners, boards of directors, board members, community
204
association managers, and other affected parties. The ombudsman
205
shall develop policies and procedures to assist parcel owners,
206
boards of directors, board members, community association
207
managers, and other affected parties
in
understand
ing
their
208
rights
and responsibilities as set forth in this chapter and
in
209
the
governing documents
of
their respective associations.
The
210
ombudsman shall coordinate and assist in the preparation and
211
adoption of educational and reference material
s
and shall
212
endeavor to coordinate with private or volunteer providers of
213
such
services so that the availability of
such
resources is
made
214
known to the largest possible audience.
215
(
e
) Monitoring and reviewing procedures and disputes
216
concerning
association
elections or meetings
, including, but not
217
limited to, recommending that the division pursue enforcement
218
action in any manner if there is reasonable cause to believe
219
that election misconduct has occurred and reviewing secret
220
ballots cast at a vote of the association
.
221
(
f
)
Making recommendations to the division for changes in
222
rules and procedures for the filing, investigation, and
223
resolution of complaints filed by parcel owners, associations,
224
or managers.
225
(g)
Providing resources to assist members of boards of
226
directors and officers of associations to carry out their powers
227
and duties consistent with this chapter and the governing
228
documents
of their respective
association
s
.
229
(h
) Encouraging and facilitating voluntary meetings
between
230
parcel owners, boards of directors, board members,
community
231
association managers, and other affected parties when
the
232
meetings may assist in resolving a dispute within a
homeowners’
233
association before a person submits a dispute for a
formal or
234
administrative remedy.
T
he ombudsman
shall
act as a neutral
235
resource for
the rights and responsibilities of parcel owners,
236
associations, and board members.
237
(i
) Assisting with the resolution of disputes between
238
parcel owners and
their
association, or between parcel owners,
239
if
applicable.
240
(j) Appointing an election monitor.
241
(3) ELECTION MONITORING.—
242
(a) Fifteen percent of the total voting interests in a
243
homeowners’ association, or six parcel owners, whichever is
244
greater, may petition the ombudsman to appoint an election
245
monitor to attend the annual meeting of the parcel owners and
246
conduct the election of directors.
247
(b) The ombudsman shall appoint a division employee, a
248
person who specializes in homeowners’ association election
249
monitoring, or an attorney licensed to practice in th
is
state as
250
the election monitor.
251
(c) The association
shall
pay all costs associated with the
252
election monitoring process.
253
(d) The division shall adopt rule
s
establishing
procedures
254
for the appointment of election monitors and the
scope
of the
255
monitor’s role in the election process, and essential duties
256
therein.
257 Section 2. Section 720.3025, Florida Statutes, is created
258 to read:
259
720.3025 Authority, responsibility, and duties of Division
260
of Florida Condominiums, Timeshares, and Mobile Homes.—
261
(1) The division may enforce and ensure compliance with
262
this chapter and rules relating to the development,
263
construction, sale, lease, ownership, operation, and management
264
of residential parcels and complaints. In performing its duties,
265
the division has complete jurisdiction to investigate complaints
266
and enforce compliance with respect to associations that are
267
still under developer control involving improper turnover or
268
failure to turn
over under s. 720.307. However, after turnover
269
has occurred, the division has jurisdiction to review records
270
and investigate complaints related only to:
271
(a)1. Procedural aspects and records relating to financial
272
issues, including annual financial reporting under ss.
273
720.303(7) and 720.3086; assessments for common expenses, fines,
274
and commingling of reserve and operating funds under s.
275
720.303(8); use of debit cards for unintended purposes under s.
276
720.303(13); the annual operating budget and the allocation of
277
reserve funds under s. 720.303(6); financial records under s.
278
720.303(4)(a)10.; and any other record necessary to determine
279
the revenues and expenses of the association.
280
2. Elections, including election and voting requirements
281
under ss. 720.303(2) and 720.306, recall of board
members
under
282
s. 720.303(10), electronic voting under s. 720.317, and
283
elections that occur during an emergency under s. 720.316(1)(a).
284
3. The maintenance of and parcel owner access to
285
association records under s. 720.303(4).
286
4. The procedural aspects of meetings, including parcel
287
owner meetings, quorums, voting requirements, proxies, board of
288
administration meetings, budget meetings
, and the right to speak
289
at such meetings
under s. 720.303(2) and s. 720.306.
290
5. The disclosure of conflicts of interest under s.
291
720.3033(6).
292
6. The removal of a board
member
or officer under ss.
293
720.3033(3) and (4).
294
7. Any written inquir
y
by parcel owners to the association
295
relating to such matters, including written inquiries.
296
8. The requirement under s. 720.3033(5)
for associations to
297
maintain an insurance policy or fidelity bonding for all persons
298
who control or disperse funds of the association.
299
9. Board member education requirements under s.
300
720.3033(1).
301
(b)1. The division may
conduct
necessary public or private
302
investigations within or outside this state to determine whether
303
any person has violated this chapter or any rule or order
304
hereunder, to aid in the enforcement of this chapter, or to aid
305
in the adoption of rules or forms.
306
2. The division may submit any official written report,
307
worksheet, or other related paper, or a duly certified copy
308
thereof, compiled, prepared, drafted, or otherwise made and duly
309
authenticated by a financial examiner or analyst to be admitted
310
as competent evidence in any hearing in which the financial
311
examiner or analyst is available for cross-examination and
312
attests under oath that such documents were prepared as a result
313
of an examination or inspection conducted pursuant to this
314
chapter.
315
(c) The division may require or
authorize
any person to
316
file a statement in writing, under oath or otherwise, as the
317
division determines, as to the facts and circumstances
318
concerning a matter
being
investigated.
319
(d) For the purpose of any investigation under this
320
chapter, the division director or any officer or employee
321
designated by the division director may administer oaths or
322
affirmations, subpoena witnesses and compel their attendance,
323
take evidence, and require the production of any matter which is
324
relevant to the investigation, including the existence,
325
description, nature, custody, condition, and location of any
326
book, document, or other tangible thing and the identity and
327
location of persons having knowledge of relevant facts or any
328
other matter reasonably calculated to lead to the discovery of
329
material evidence. Upon the failure by a person to obey a
330
subpoena or to answer questions propounded by the investigating
331
officer and upon reasonable notice to all affected persons, the
332
division may apply to the circuit court for an order compelling
333
compliance.
334
(e) Notwithstanding any remed
y
available to parcel owners
335
and associations, if the division has reasonable cause to
336
believe that a violation of any provision of this chapter or
337
related rule has occurred, the division may institute
338
enforcement proceedings in its own name against any developer,
339
association, officer, or member of the board of administration,
340
or its assignees or agents, as follows:
341
1. The division may permit a person whose conduct or
342
actions may be under investigation to waive formal proceedings
343
and enter into a consent proceeding whereby orders, rules, or
344
letters of censure or warning, whether formal or informal, may
345
be entered against the person.
346
2. The division may issue an order requiring the developer,
347
association, developer-designated officer, or developer
348
designated member of the board of administration, developer
349
designated assignees or agents, community association manager,
350
or community association management firm to cease and desist
351
from the unlawful practice and take such affirmative action as
352
in the judgment of the division
will
carry out the purposes of
353
this chapter. If the division finds that a developer,
an
354
association,
an
officer, or
a
member of the board of
355
administration, or its assignees or agents, is violating or is
356
about to violate any provision of this chapter, any rule adopted
357
or order issued by the division, or any written agreement
358
entered into with the division, and presents an immediate danger
359
to the public requiring an immediate final order, it may issue
360
an emergency cease and desist order reciting with particularity
361
the facts underlying such findings. The emergency cease and
362
desist order is effective for 90 days. If the division begins
363
nonemergency cease and desist proceedings, the emergency cease
364
and desist order remains effective until the conclusion of the
365
proceedings under ss. 120.569 and 120.57.
366
3. If a developer fails to pay any restitution determined
367
by the division to be owed, plus any accrued interest at the
368
highest rate permitted by law, within 30 days after expiration
369
of any appellate time period of a final order requiring payment
370
of restitution or the conclusion of any appeal thereof,
371
whichever is later, the division must bring an action in circuit
372
or county court on behalf of any association, class of parcel
373
owners, lessees, or purchasers for restitution, declaratory
374
relief, injunctive relief, or any other available remedy.
375
4. The division may petition the court for appointment of a
376
receiver or conservator. If appointed, the receiver or
377
conservator may take action to implement the court order to
378
ensure the performance of the order and to remedy any breach
379
thereof. In addition to all other means provided by law for the
380
enforcement of an injunction or
a
temporary restraining order,
381
the circuit court may impound or sequester the property of a
382
party defendant, including books, papers, documents, and related
383
records, and allow the examination and use of the property by
384
the division and a court-appointed receiver or conservator.
385
5. The division may apply to the circuit court for an order
386
of restitution whereby the defendant in an action brought under
387
subparagraph
3
. is ordered to make restitution of those sums
388
shown by the division to have been obtained by the defendant in
389
violation of this chapter. At the option of the court, such
390
restitution is payable to the conservator or receiver appointed
391
under subparagraph 4. or directly to the persons whose funds or
392
assets were obtained in violation of this chapter.
393
6. The division may impose a civil penalty against a
394
developer
,
or
an
association or its assignee or agent, for any
395
violation of this chapter or related rule. The division may
396
impose a civil penalty individually against an officer or
a
397
board member who willfully and knowingly violates this chapter,
398
an adopted rule, or a final order of the division; may order the
399
removal of such individual as an officer or
a member of
the
400
board of administration or as an officer of the association; and
401
may prohibit such individual from serving as an officer or
a
402
member of
the board of a community association for a period of
403
time. The term “willfully and knowingly” means that the division
404
informed the officer or board member that his or her action or
405
intended action violates this chapter, a rule adopted under this
406
chapter, or a final order of the division and that the officer
407
or board member refused to comply with the requirements of this
408
chapter, a rule adopted under this chapter, or a final order of
409
the division. The division, before initiating formal agency
410
action under chapter 120, must
provide
the officer or board
411
member an opportunity to voluntarily comply, and an officer or
412
board member who complies within 10 days
after notification
is
413
not subject to a civil penalty. A penalty may be imposed on the
414
basis of each day of continuing violation, but the penalty for
415
any offense may not exceed $5,000. The division shall adopt by
416
rule penalty guidelines applicable to possible violations or to
417
categories of violations of this chapter or rules adopted by the
418
division. The guidelines must specify a meaningful range of
419
civil penalties for each such violation of the
law
and rules and
420
must be based upon the harm caused by the violation, upon the
421
repetition of the violation, and upon such other factors deemed
422
relevant by the division
, including, but not limited to,
whether
423
the violations were committed by a developer or
an
owner
424
controlled association, the size of the association, and
the
425
duration of the violations
. The guidelines must designate the
426
possible mitigating or aggravating circumstances that justify a
427
departure from the range of penalties provided by the rules. It
428
is the legislative intent that minor violations be distinguished
429
from those which endanger the health, safety, or welfare of the
430
homeowners’ association residents or other persons and that such
431
guidelines provide reasonable and meaningful notice to the
432
public of likely penalties that may be imposed for proscribed
433
conduct. This subsection does not limit the ability of the
434
division to informally dispose of administrative actions or
435
complaints by stipulation, agreed settlement, or consent order.
436
All amounts collected
must
be deposited with the Chief Financial
437
Officer to the credit of the Division of Florida Condominiums,
438
Timeshares, and Mobile Homes Trust Fund. If a developer fails to
439
pay the civil penalty and the amount deemed to be owed to the
440
association, the division must issue an order directing that
441
such developer cease and desist from further operation until
442
such time as the civil penalty is paid
,
or
the division
may
443
pursue enforcement of the penalty in a court of competent
444
jurisdiction. If an association fails to pay the civil penalty,
445
the division
must
pursue enforcement in a court of competent
446
jurisdiction, and the order imposing the civil penalty or the
447
cease and desist order is not effective until 20 days after the
448
date of such order. Any action commenced by the division
must
be
449
brought in the county in which the division has its executive
450
offices or in the county in which the violation occurred.
451
7. If a parcel owner presents the division with proof that
452
the parcel owner has requested access to official records in
453
writing by certified mail, and that after 10 days the parcel
454
owner
has
again made the same request for access to official
455
records in writing by certified mail, and that more than 10 days
456
have
elapsed since the second request and the association has
457
still failed or refused to provide access to official records as
458
required by this chapter, the division
must
issue a subpoena
459
requiring production of the requested records at the location in
460
which the records are kept pursuant to s. 720.303. Upon receipt
461
of the records, the division
must
provide to the parcel owner
462
who was denied access to such records the produced official
463
records without charge.
464
8. In addition to subparagraph 6., the division may seek
465
the imposition of a civil penalty through the circuit court for
466
any violation for which the division may issue a notice to show
467
cause under paragraph (o). The civil penalty
must
be at least
468
$500 but no more than $5,000 for each violation. The court may
469
also award to the prevailing party court costs and reasonable
470
attorney fees and, if the division prevails, may also award
471
reasonable costs of investigation.
472
9. The division may issue citations and
adopt
rules to
473
provide for citation bases and citation procedures in accordance
474
with this paragraph.
475
(f) The division may adopt rules to administer and enforce
476
this chapter.
477
(g) The division shall provide training and educational
478
programs for homeowners’ association board members and parcel
479
owners. The training
and education
may, in the division’s
480
discretion, include web-based electronic media and live training
481
and seminars in various locations throughout this state. The
482
division may review and approve education and training programs
483
for board members and parcel owners offered by providers and
484
shall maintain a current list of approved programs and providers
485
and make such list available to board members and parcel owners
486
in a reasonable and cost-effective manner. The division shall
487
provide the division-approved provider with the template
488
certificate for issuance directly to
an
association’s board
489
members
who have satisfactorily completed the requirements under
490
s. 720.306. The division shall adopt rules to implement this
491
paragraph
.
492
(h) The division shall maintain a toll-free telephone
493
number accessible to parcel owners.
494
(i) If a complaint is made, the division must conduct its
495
inquiry with due regard for the interests of the affected
496
parties. Within 30 days after receipt of a complaint, the
497
division shall acknowledge the complaint in writing and notify
498
the complainant whether the complaint is within the jurisdiction
499
of the division and whether
the division needs
additional
500
information from the complainant. The division shall conduct its
501
investigation and, within 90 days after receipt of the original
502
complaint or requested additional information, take action upon
503
the complaint. However, the failure to complete the
504
investigation within 90 days does not prevent the division from
505
continuing
its
investigation, accepting or considering evidence
506
obtained or received after 90 days, or taking administrative
507
action if reasonable cause exists to believe that a violation of
508
this chapter or a rule has occurred. If an investigation is not
509
completed within the time limits established in this paragraph,
510
the division
must
, on a monthly basis, notify the complainant in
511
writing of the status of the investigation. When reporting its
512
action to the complainant, the division shall inform the
513
complainant of any right to a hearing under ss. 120.569 and
514
120.57. The division may adopt rules regarding the submission of
515
a complaint against an association.
516
(j) Homeowners’ association directors, officers, and
517
employees; developers; community association managers; and
518
community association management firms have an ongoing duty to
519
reasonably cooperate with the division in any investigation
520
under this section. The division shall refer to local law
521
enforcement authorities any person who the division believes has
522
altered, destroyed, concealed, or removed any record, document,
523
or thing required to be kept or maintained by this chapter with
524
the purpose to impair its
veracity
or availability in the
525
division’s
investigation. The division shall refer to local law
526
enforcement authorities any person who the division believes has
527
engaged in fraud, theft, embezzlement, or other criminal
528
activity or when the division has cause to believe that fraud,
529
theft, embezzlement, or other criminal activity has occurred.
530
(k) The division director or any officer or employee of the
531
division and the
homeowners association
ombudsman or any
532
employee of the Office of the
Homeowners’ Association
Ombudsman
533
may attend and observe any meeting of the board of
534
administration or any parcel owner meeting, including any
535
meeting of a subcommittee or special committee, which is open to
536
members of the association for the purpose of performing the
537
duties of the division or the Office of the
Homeowners’
538
Association
Ombudsman under this chapter.
539
(l) The division may:
540
1. Contract with agencies in this state or other
541
jurisdictions to perform investigative functions; or
542
2. Accept grants-in-aid from any source.
543
(m) The division shall cooperate with similar agencies in
544
other jurisdictions to establish uniform filing procedures and
545
forms, public offering statements, advertising standards, and
546
rules and common
administrative practices.
547
(n) The division shall consider notice to a developer to be
548
complete when it is deli
vered to the address of the developer
549
currently on file with the division.
550
(o) In addition to its enforcement authority, the division
551
may issue a notice to show cause, which must provide for a
552
hearing, upon written request, in accordance with chapter 120.
553
(p) If the division receives a complaint regarding access
554
to official records on the association’s website or through an
555
application that can be downloaded on a mobile device under s.
556
720.303(2)(c)1., the division may request access to the
557
association’s website or application and investigate. The
558
division may adopt rules to carry out this paragraph.
559
(2)
On the certification form provided by the division, the
560
directors of the association shall certify that each director of
561
the association has completed the written certification and
562
educational certificate requirements in s. 720.3033(1). This
563
certification requirement does not apply to the directors of an
564
association governing a timeshare property.
Each homeowners’
565
association
shall
create and maintain an online account with the
566
division, as required in subsection (3).
567
(3) On or before October 1, 202
7
, all homeowners’
568
associations
shall
create and maintain an online account with
569
the division and provide information requested by the division
570
in an electronic format determined by the division. The division
571
shall adopt rules to implement this subsection. The division may
572
require homeowners’ associations to provide such information no
573
more than once per year, except that the division may require
574
homeowners’ associations to update the contact information in
575
paragraph (a) within 30 days after any change. The division
576
shall provide a homeowners’ association at least a 45-day notice
577
of any requirement to provide any information after the
578
homeowners’ association initially creates an online account. The
579
information that the division may require from homeowners’
580
associations is limited to:
581
(a) Contact information for the association
which
includes:
582
1.
The n
ame of the association.
583
2. The physical address of the homeowners’ association
584
property.
585
3.
The m
ailing address and county of the association.
586
4.
The e
-mail address and telephone number for the
587
association.
588
5.
The n
ame and board title for each member of the
589
association’s board.
590
6.
The n
ame and contact information of the association’s
591
community association manager or community association
592
management firm, if applicable.
593
7. The hyperlink or website address of the association’s
594
website, if applicable.
595
(b)
The t
otal number of buildings
,
and for each building in
596
the association:
597
1.
The t
otal number of stories, including both habitable
598
and uninhabitable stories.
599
2.
The t
otal number of parcels.
600
3.
The a
ge of each building
,
based on the certificate of
601
occupancy.
602
4. Any construction commenced within the common elements
603
during
the
most recent
calendar year.
604
(c) The association’s assessments, including:
605
1.
The a
mount of assessment or special assessment by parcel
606
type, including reserves.
607
2.
The p
urpose of the assessment or special assessment.
608
3.
The n
ame of the financial institution or institutions
609
with which the association maintains accounts.
610 Section 3. This act shall take effect July 1, 2026.