Read the full stored bill text
Florida Senate
-
2026
SB 1726
By
Senator Smith
17-01493B-26 20261726__
1 A bill to be entitled
2 An act relating to housing; providing a short title;
3 amending ss. 125.0103 and 166.043, F.S.; deleting
4 provisions prohibiting municipalities, counties, or
5 other entities of local government from adopting or
6 maintaining certain laws relating to rent control;
7 creating s. 166.0452, F.S.; defining terms;
8 authorizing counties and municipalities to create
9 community land bank programs for a certain purpose;
10 requiring those counties and municipalities to
11 establish or approve a land bank for certain purposes;
12 requiring certain counties and municipalities to
13 develop and annually adopt a community land bank plan;
14 providing requirements for such plan; requiring that a
15 public hearing on the proposed plan be held before its
16 adoption; requiring notice to certain entities;
17 requiring that the proposed plan be made available to
18 the public within a certain timeframe before the
19 public hearing; providing requirements for the sale of
20 certain property to land banks; providing that such
21 sale is for a public purpose; providing that certain
22 persons waive the right to challenge the market value
23 of a property under certain circumstances; requiring
24 that written notice of a sale of such property be
25 provided to certain persons in a certain manner within
26 a specified timeframe; authorizing the owner of
27 certain property to contest the sale of such property
28 and requiring that such property be sold in a
29 different manner; specifying that the owner of certain
30 property is not entitled to proceeds from the sale or
31 liable for certain deficiencies; authorizing land
32 banks to buy certain property for less than market
33 value under certain circumstances; conveying the
34 right, title, and interest in certain property to land
35 banks; requiring land banks to offer qualified
36 organizations a right of first refusal to purchase
37 certain property; providing requirements for the right
38 of first refusal; providing conditions for the
39 subsequent resale of property acquired by land banks;
40 requiring that the proceeds from certain sales be
41 reinvested in the community land bank program;
42 requiring certain deed restrictions on certain
43 property; providing requirements for such deed
44 restrictions; requiring certain development owners to
45 file specified annual reports; authorizing the
46 modification of or addition to deed restrictions;
47 requiring land banks to maintain certain records;
48 requiring land banks to file annual audited financial
49 statements within a certain timeframe; requiring land
50 banks to submit an annual performance report to the
51 county or municipality, as applicable, by a certain
52 date; providing requirements for such report;
53 requiring that copies of such report be provided to
54 certain entities and made available for public review;
55 authorizing land banks to acquire real property in
56 specified manners and to hold, manage, and dispose of
57 such real property in accordance with the community
58 land bank plan; requiring that a specified percentage
59 of certain taxes collected be remitted to a land bank
60 for a specified duration; requiring that such funds be
61 remitted to a land bank in accordance with certain
62 procedures; providing applicability; creating s.
63 215.55866, F.S.; requiring the Department of Financial
64 Services to adopt a home resiliency grading scale for
65 a specified purpose; providing requirements for the
66 grading scale; requiring the department to create a
67 program that uses the grading scale for a specified
68 purpose; providing requirements for the program;
69 requiring the department to adopt rules; creating s.
70 215.55867, F.S.; establishing the Innovative
71 Mitigation Solutions Pilot Program within the
72 Department of Financial Services for a specified
73 purpose; authorizing mortgage lenders and property
74 insurers to submit proposals to the department that
75 include certain information; authorizing the
76 department to waive or develop certain rules in order
77 to implement the proposal; requiring the department to
78 adopt rules; creating s. 220.1851, F.S.; defining
79 terms; authorizing a tax credit for certain projects;
80 providing the maximum value of such credit; requiring
81 the Florida Housing Finance Corporation to allocate
82 the tax credit among certain projects; authorizing the
83 tax credit to be transferred by the recipient;
84 requiring the Department of Revenue to adopt rules;
85 authorizing a tax credit allocation to be used for
86 certain eligible costs; authorizing a tax credit
87 allocation to be carried forward for a specified
88 timeframe; amending ss. 420.0005 and 420.9079, F.S.;
89 requiring certain agencies to provide a report to the
90 Legislature relating to the use of specified
91 transferred funds; requiring the repayment of certain
92 funds within a specified timeframe; creating s.
93 420.50931, F.S.; creating the Retail-to-Residence Tax
94 Credit Program for a certain purpose; requiring the
95 Florida Housing Finance Corporation to determine which
96 projects are eligible for the tax credit; requiring
97 the corporation to establish and adopt certain
98 procedures and to prepare a specified annual plan;
99 requiring that such plan be approved by the Governor;
100 authorizing the corporation to exercise certain
101 powers; requiring the board of directors of the
102 corporation to administer certain procedures and
103 determine allocations on behalf of the corporation;
104 providing requirements for certain procedures;
105 requiring taxpayers who wish to participate in the
106 program to submit an application with certain
107 information to the corporation; authorizing the
108 corporation to request additional information;
109 requiring that approval of an application for a
110 project be in writing and include a certain statement;
111 creating s. 420.5312, F.S.; creating the Affordable
112 Housing Construction Loan Program for a certain
113 purpose; providing the Florida Housing Finance
114 Corporation with certain powers and responsibilities
115 relating to the program; providing requirements for
116 the program; providing rulemaking authority; creating
117 s. 542.37, F.S.; defining terms; providing that
118 certain actions are a violation of the Florida
119 Antitrust Act of 1980; providing applicability;
120 requiring the Office of the Attorney General to
121 develop a public education program and post certain
122 information on the Attorney General’s website;
123 authorizing the Office of the Attorney General to
124 adopt rules; amending s. 627.0613, F.S.; authorizing
125 the consumer advocate appointed by the Chief Financial
126 Officer to request certain administrative hearings;
127 authorizing the consumer advocate to compel the
128 attendance and testimony of witnesses and issue
129 subpoenas for and compel certain production;
130 specifying that failure to obey certain court orders
131 may be punished as contempt; authorizing a circuit
132 court to order a person to pay certain expenses;
133 amending s. 627.062, F.S.; prohibiting the Office of
134 Insurance Regulation from approving certain rate
135 filings; authorizing the consumer advocate to request
136 an expedited appellate review of certain final orders;
137 conforming provisions to changes made by the act;
138 creating s. 692.041, F.S.; defining terms; prohibiting
139 certain business entities from purchasing, acquiring,
140 or otherwise obtaining certain property and
141 subsequently leasing or renting such property;
142 specifying that certain sellers are not liable for
143 certain violations; prohibiting certain business
144 entities from purchasing, acquiring, or offering to
145 purchase or acquire certain property unless such
146 property has been listed for sale to the general
147 public for a specified timeframe, beginning on a
148 certain date; requiring certain business entities to
149 complete and retain for inspection by the Department
150 of Legal Affairs a specified notice; requiring that
151 all ownership interests held by certain business
152 entities be aggregated; authorizing the Attorney
153 General to bring a civil action; providing penalties;
154 providing construction; amending s. 83.67, F.S.;
155 conforming a provision to changes made by the act;
156 amending ss. 542.21, 542.22, 542.25, and 542.32, F.S.;
157 conforming cross-references; providing an effective
158 date.
159
160 Be It Enacted by the Legislature of the State of Florida:
161
162 Section 1.
This act may be cited as the “Real Affordable
163
Housing Relief Act.”
164 Section 2. Subsection (2) of section 125.0103, Florida
165 Statutes, is amended to read:
166 125.0103 Ordinances and rules imposing price controls.—
167
(2)
A municipality, county, or other entity of local
168
government may not adopt or maintain in effect any law,
169
ordinance, rule, or other measure that would have the effect of
170
imposing controls on rents.
171 Section 3. Subsection (2) of section 166.043, Florida
172 Statutes, is amended to read:
173 166.043 Ordinances and rules imposing price controls.—
174
(2)
A municipality, county, or other entity of local
175
government may not adopt or maintain in effect any law,
176
ordinance, rule, or other measure that would have the effect of
177
imposing controls on rents.
178 Section 4. Section 166.0452, Florida Statutes, is created
179 to read:
180
166.0452
Community Land Bank Program.—
181
(1)
As used in this section, the term:
182
(a)
“Affordable” has the same meaning as in s. 420.0004.
183
(b)
“Community housing development organization” has the
184
same meaning as in s. 420.503.
185
(c)
“Community land bank plan” or “plan” means a plan
186
adopted by the governing body of a county or municipality to
187
implement a community land bank program.
188
(d)
“Community land bank program” or “program” means the
189
program created by a governing body of a county or municipality
190
under this section.
191
(e)
“Land bank” means an entity established or approved by
192
the governing body of a county or municipality for the purpose
193
of acquiring, holding, and transferring unimproved real property
194
under this section.
195
(f)
“Low-income household” has the same meaning as in s.
196
420.9071.
197
(g)
“Qualified organization” means a community housing
198
development organization that meets all of the following
199
criteria:
200
1.
Contains within its designated geographical boundaries
201
of operation, as set forth in its application for certification
202
filed with and approved by the county or municipality, a portion
203
of the property that a land bank is offering for sale.
204
2.
Has built at least three single-family homes or duplexes
205
or one multifamily residential dwelling of four or more housing
206
units in compliance with all applicable building codes within
207
the preceding 2-year period and within the organization’s
208
designated geographical boundaries of operation.
209
3.
Has developed or rehabilitated housing units within the
210
preceding 3-year period which are within a 2-mile radius of the
211
property that a land bank is offering for sale.
212
(h)
“Qualified participating developer” means a developer
213
that meets all of the following criteria:
214
1.
Has developed three or more housing units within the 3
215
year period preceding its submission of a proposal to the land
216
bank seeking to acquire real property from a land bank.
217
2.
Has a development plan approved by the governing body of
218
the county or municipality for the property acquired from a land
219
bank.
220
3.
Any other requirements adopted by the governing body of
221
the county or municipality in its community land bank plan.
222
223
The term includes a qualified organization.
224
(i)
“Very-low-income household” has the same meaning as in
225
s. 420.9071.
226
(2)
The governing body of a county or municipality may
227
create a community land bank program in which the person charged
228
with selling real property pursuant to a foreclosure judgment
229
may sell certain eligible real property by private sale for
230
purposes of affordable housing developments. The governing body
231
of a county or municipality that adopts a community land bank
232
program shall establish or approve a land bank for the purpose
233
of acquiring, holding, and transferring unimproved real property
234
under this section.
235
(3)(a)
The governing body of a county or municipality that
236
creates a community land bank program shall operate the program
237
in conformance with a community land bank plan that the county
238
or municipality adopts annually. The plan may be amended as
239
needed.
240
(b)
In developing the plan, the governing body of a county
241
or municipality shall consider other housing plans adopted by
242
the governing body, including the comprehensive plan submitted
243
to the United States Department of Housing and Urban Development
244
and all fair housing plans and policies adopted or agreed to by
245
the governing body.
246
(c)
The plan must include, at a minimum, all of the
247
following:
248
1.
A list of community housing development organizations
249
eligible to participate in the right of first refusal under
250
subsection (6). The plan must also include the time period
251
during which the right of first refusal may be exercised, which
252
time period must be at least 9 months but not more than 26
253
months after the date of the deed of conveyance of the property
254
to the land bank.
255
2.
A right of first refusal for any other nonprofit
256
corporation exempted from federal income tax under s. 501(c)(3)
257
of the United States Internal Revenue Code, provided that the
258
preeminent right of first refusal is provided to qualified
259
organizations as provided in subsection (6).
260
3.
A list of the parcels of real property that may be
261
eligible for sale to the land bank during the next year.
262
4.
The county’s or municipality’s plan for the development
263
of affordable housing on those parcels of real property.
264
5.
The sources and amounts of money the county or
265
municipality anticipates to be available for subsidies for the
266
development of affordable housing in the county or municipality,
267
including any money specifically available for housing developed
268
under the program, as approved by the governing body of the
269
county or municipality at the time the plan is adopted.
270
6.
The amount of additional time, if any, that a property
271
may be held in the land bank once an offer has been received
272
from a qualified participating developer and accepted by the
273
land bank.
274
(4)(a)
Before the adoption of a plan, the governing body of
275
a county or municipality must hold a public hearing on the
276
proposed plan.
277
(b)
The county or city manager, or his or her designee,
278
must provide notice of the public hearing to all community
279
housing development organizations and to the neighborhood
280
associations identified by the governing body of the county or
281
municipality as serving the neighborhoods in which properties
282
anticipated to be available for sale to the land bank under this
283
section are located.
284
(c)
The county or city manager, or his or her designee,
285
must make copies of the proposed plan available to the public at
286
least 60 days before the date of the public hearing.
287
(5)(a)
Except as provided in paragraph (f), property that
288
is ordered sold pursuant to a foreclosure judgment may be sold
289
in a private sale to a land bank by the person charged with the
290
sale of the property without first offering the property for
291
sale as otherwise provided in chapter 45 if all of the following
292
apply:
293
1.
The market value of the property as specified in the
294
judgment of foreclosure is less than the total amount due under
295
the judgment, including all taxes, penalties, and interest, plus
296
the value of nontax liens held by a taxing unit and awarded by
297
the judgment, court costs, and the cost of the sale.
298
2.
The property is not improved with a building or
299
buildings.
300
3.
There are delinquent taxes on the property for a total
301
of at least 5 years.
302
4.
The governing body of the county or municipality has
303
executed an interlocal agreement with the other taxing units
304
that are parties to the foreclosure proceeding which enables
305
those taxing units to agree to participate in the program while
306
retaining the right to withhold consent to the sale of the
307
specific properties to the land bank.
308
(b)
A sale of property for use in connection with the
309
program is a sale for a public purpose.
310
(c)
If the person being sued in a foreclosure proceeding
311
does not contest the market value of the property in the
312
proceeding, the person waives the right to challenge the amount
313
of the market value determined by the court for purposes of the
314
sale of the property under s. 45.031.
315
(d)
For any sale of property under this section, the person
316
charged with the sale of the property must provide each person
317
who was a defendant to the judgment, or that person’s attorney,
318
written notice at least 90 days before the date of the sale of
319
the proposed method of sale of the property. Such notice must be
320
given in accordance with the Florida Rules of Civil Procedure.
321
(e)
After receipt of the notice required under paragraph
322
(d) and before the date of the proposed sale, the owner of the
323
property subject to the sale may file with the person charged
324
with the sale a written request that the property not be sold in
325
the manner provided under this section.
326
(f)
If the person charged with the sale receives a written
327
request as provided in paragraph (e), the person must sell the
328
property as otherwise provided in chapter 45.
329
(g)
The owner of the property subject to the sale may not
330
receive any proceeds of a sale under this section and does not
331
have any personal liability for a deficiency of the judgment as
332
a result of a sale under this section.
333
(h)
If consent is given by the taxing units that are a
334
party to the judgment, property may be sold to a land bank for
335
less than the market value of the property as specified in the
336
judgment or less than the total of all taxes, penalties, and
337
interest, plus the value of nontax liens held by a taxing unit
338
and awarded by the judgment, court costs, and the cost of the
339
sale.
340
(i)
The deed of conveyance of the property sold to a land
341
bank under this section conveys to the land bank the right,
342
title, and interest in the property acquired or held by each
343
taxing unit that was a party to the judgment, subject to the
344
right of redemption.
345
(6)
After receiving the deed of conveyance of the property,
346
a land bank must first offer the property for sale to qualified
347
organizations.
348
(a)
A land bank must provide notice to qualified
349
organizations by certified mail, return receipt requested, at
350
least 60 days before the beginning of the time period in which a
351
right of first refusal may be exercised according to a county’s
352
or municipality’s community land bank plan.
353
(b)
If a land bank conveys the property to a qualified
354
organization before the expiration of the time period specified
355
by the community land bank plan, the interlocal agreement
356
executed under subparagraph (5)(a)4. must provide tax abatement
357
for the property until the expiration of the time period.
358
(c)
During the right of first refusal time period, a land
359
bank may not sell the property to a qualified participating
360
developer other than a qualified organization. If all qualified
361
organizations notify the land bank that they are declining to
362
exercise their right of first refusal during the applicable time
363
period, the land bank may sell the property to any other
364
qualified participating developer at the same price that the
365
land bank offered the property to the qualified organizations.
366
(d)
If more than one qualified organization expresses an
367
interest in exercising its right of first refusal, the
368
organization that has the most geographically compact area
369
encompassing a portion of the property as designated in its
370
application for certification is given priority.
371
(e)
A land bank is not required to provide a right of first
372
refusal to qualified organizations under this section if the
373
land bank is selling property that reverted to the land bank as
374
provided under subsection (7).
375
(7)
Each subsequent resale of property acquired by a land
376
bank under this section must comply with the conditions of this
377
subsection.
378
(a)
A land bank must sell a property to a qualified
379
participating developer within 3 years after receiving the deed
380
of conveyance of the property for the purpose of construction of
381
affordable housing for sale or rent to low-income households or
382
very-low-income households. If the land bank has not sold the
383
property within those 3 years, the property must be transferred
384
from the land bank back to the taxing units that were parties to
385
the foreclosure judgment for disposition as otherwise allowed
386
under law.
387
(b)
The number of properties acquired by a qualified
388
participating developer under this section on which development
389
has not been completed may not at any time exceed three times
390
the annual average residential production completed by the
391
qualified participating developer during the preceding 2-year
392
period, as determined by the governing body of the county or
393
municipality. In its community land bank plan, the governing
394
body of the county or municipality may increase the number of
395
properties a qualified participating developer may acquire.
396
(c)
The deed conveying a property sold by a land bank must
397
include a right of reverter so that, if the qualified
398
participating developer does not apply for a construction permit
399
and close on any construction financing within 2 years after the
400
date of the conveyance of the property from the land bank to the
401
qualified participating developer, the property reverts to the
402
land bank for subsequent resale to another qualified
403
participating developer or conveyance to the taxing units as
404
required under paragraph (a).
405
(d)
The proceeds from sales under this section must be
406
reinvested back into the community land bank program.
407
(8)(a)
A land bank must impose deed restrictions on
408
property sold to qualified participating developers requiring
409
the development and sale or rental of the property to low-income
410
households and very-low-income households.
411
(b)
At least 25 percent of a land bank’s properties sold
412
during any given fiscal year to be developed for sale must be
413
deed restricted for sale to households whose total annual
414
household income does not exceed 60 percent of the area median
415
income, adjusted for household size, for the metropolitan
416
statistical area, or the county if not within a metropolitan
417
statistical area, in which the household is located, as
418
determined annually by the United States Department of Housing
419
and Urban Development.
420
(c)1.
If the property sold is to be developed for rental
421
units, the deed restrictions must last for at least 20 years and
422
prohibit the exclusion of a person or family from admission to
423
the development based solely on the participation of the person
424
or family in the Housing Choice Voucher Program under s. 8 of
425
the United States Housing Act of 1937, as amended. Additionally,
426
the deed restrictions must require:
427
a.
That 100 percent of the rental units be occupied by and
428
affordable to households whose total annual household income
429
does not exceed 60 percent of the area median income, adjusted
430
for household size, for the metropolitan statistical area
, or
431
the county
if not within a metropolitan statistical area, in
432
which the household
is located, as determined annually by the
433
United States Department of Housing and Urban Development;
434
b.
That 40 percent of the rental units be occupied by and
435
affordable to households whose total annual household income
436
does not exceed 50 percent of the area median income, adjusted
437
for household size, for the metropolitan statistical area
, or
438
the county
if not within a metropolitan statistical area, in
439
which the household
is located, as determined annually by the
440
United States Department of Housing and Urban Development; or
441
c.
That 20 percent of the rental units be occupied by and
442
affordable to households whose total annual household income
443
does not exceed 30 percent of the area median income, adjusted
444
for household size, for the metropolitan statistical area
, or
445
the county
if not within a metropolitan statistical area, in
446
which the household
is located, as determined annually by the
447
United States Department of Housing and Urban Development.
448
2.
The owner of a development with deed restrictions
449
required under this paragraph must file an annual occupancy
450
report with the county or municipality, as applicable, on a form
451
adopted by the governing body of the county or municipality.
452
(d)
Except as otherwise provided in this section, if the
453
deed restrictions imposed under this subsection are for a number
454
of years, the deed restrictions must renew automatically.
455
(e)
A land bank or the governing body of a county or
456
municipality may modify or add to the deed restrictions imposed
457
under this subsection. Any modifications or additions made by
458
the governing body of the county or municipality must be adopted
459
by the governing body as part of its community land bank plan
460
and must comply with the restrictions in this subsection.
461
(9)(a)
A land bank must keep accurate minutes of its
462
meetings and accurate records and books of account that conform
463
with generally accepted accounting principles and that clearly
464
reflect the income and expenses of the land bank and all
465
transactions in relation to its property.
466
(b)
A land bank must maintain in its records for inspection
467
a copy of the sale settlement statement for each property sold
468
by a qualified participating developer and a copy of the first
469
page of the mortgage note with the interest rate and indicating
470
the volume and page number of the instrument as filed with the
471
county clerk.
472
(c)
Within 90 days after the close of its fiscal year, a
473
land bank must file with the county or municipality, as
474
applicable, an annual audited financial statement prepared by a
475
certified public accountant. The financial transactions of the
476
land bank are subject to audit by the county or municipality.
477
(d)
For purposes of evaluating the effectiveness of the
478
program, a land bank must submit an annual performance report to
479
the county or municipality, as applicable, by November 1 of each
480
year in which the land bank acquires or sells property under
481
this section. The performance report must include all of the
482
following:
483
1.
A complete and detailed written accounting of all money
484
and properties received and disbursed by the land bank during
485
the preceding fiscal year.
486
2.
For each property acquired by the land bank during the
487
preceding fiscal year:
488
a.
The street address of the property.
489
b.
The legal description of the property.
490
c.
The date on which the land bank took title to the
491
property.
492
d.
The full name and street address of the property owner
493
of record at the time of the foreclosure proceeding.
494
3.
For each property sold by the land bank to a qualified
495
participating developer during the preceding fiscal year:
496
a.
The street address of the property.
497
b.
The legal description of the property.
498
c.
The full name and mailing address of the developer.
499
d.
The purchase price paid by the developer.
500
e.
The maximum incomes allowed for the households by the
501
terms of the sale.
502
f.
The source and amount of any public subsidy provided by
503
the county or municipality to facilitate the sale or rental of
504
the property to a household within the targeted income range.
505
4.
For each property sold by a qualified participating
506
developer during the preceding fiscal year, the buyer’s
507
household income and a description of all use and sale
508
restrictions.
509
5.
For each property developed for rental units with an
510
active deed restriction, a copy of the most recent annual report
511
filed by the owner of the land bank.
512
(e)
A land bank must provide copies of the performance
513
report to the taxing units that were parties to the judgment of
514
foreclosure and provide notice of the availability of the
515
performance report for review to the organizations and
516
neighborhood associations identified by the governing body of
517
the county or municipality as serving the neighborhoods in which
518
properties sold to the land bank under this section are located.
519
(f)
The land bank and county or municipality, as
520
applicable, must maintain copies of all performance reports and
521
make such reports available for public review.
522
(10)
A land bank may acquire real property by donation,
523
devise, purchase, or transfer from a municipality, county, or
524
other governmental entity. Real property acquired under this
525
subsection may be held, managed, and disposed of in accordance
526
with this section and the community land bank plan developed
527
under subsection (3).
528
(11)
Exclusive of any state or school district ad valorem
529
tax, up to 75 percent of the taxes collected pursuant to state
530
law on real property conveyed by a land bank must be remitted to
531
the land bank. The allocation of property tax revenues begins in
532
the first taxable year after the date of the conveyance of real
533
property and continues for 5 years. The funds from such property
534
tax revenues must be remitted to the land bank in accordance
535
with the administrative procedures established by the tax
536
commissioner or tax collector of the county or counties in which
537
the land bank is located.
538
(12)
This section does not apply to property acquired
539
through an eminent domain action.
540 Section 5. Section 215.55866, Florida Statutes, is created
541 to read:
542
215.55866 Uniform home resiliency grading scale and
543
database.—
544
(1) The
Department of Financial Services
shall:
545
(a) Adopt a uniform home resiliency grading scale to
546
measure the ability of a home to withstand the wind load from a
547
sustained severe tropical storm or hurricane. The
grading scale
548
must:
549
1. Be easy to understand by property owners.
550
2. Use objective standards and proven mitigation
551
techniques.
552
(b) Create a program that facilitates the sharing of
553
information on the resiliency of housing stock using the grading
554
scale created in paragraph (a) through a database maintained by
555
the
department
. The program must allow insurance companies,
556
mortgage lenders, and others involved in risk financing to
557
access the information.
558
(2) The department shall adopt rules to implement this
559
section.
560 Section 6. Section 215.55867, Florida Statutes, is created
561 to read:
562
215.55867 Innovative Mitigation Solutions Pilot Program
.
—
563
(1) There is established within the
Department of Financial
564
Services
the Innovative Mitigation Solutions Pilot Program to
565
allow mortgage lenders and property insurers to develop new
566
financial products to promote and finance mitigation of
567
residential property.
568
(2) Mortgage lenders and property insurers may submit
569
proposals for new financial products to the
department
. The
570
proposal must include information on any regulatory changes
571
needed for implementation.
572
(3) The department may offer a waiver from existing
573
regulations, or develop new regulations, in order to implement
574
the proposal.
575
(4) The department shall adopt rules to implement this
576
section.
577 Section 7. Section 220.1851, Florida Statutes, is created
578 to read:
579
220.1851
Retail-to-residence tax credit.—
580
(1)
As used in this section, the term:
581
(a)
“Credit period” means the period of 5 years beginning
582
with the year a project is completed.
583
(b)
“Designated project” means a qualified project
584
designated pursuant to s. 420.50931 to receive the tax credit
585
under this section.
586
(c)
“Qualified project” means a project to redevelop a
587
structure that was originally developed as a shopping center to
588
provide appropriate and affordable workforce housing.
589
(d)
“Shopping center” means an area designed to provide
590
space for multiple storefronts within a single building or
591
sharing a common parking lot.
592
(2)(a)
There shall be allowed a tax credit of up to 9
593
percent, but no more than necessary to make the project
594
feasible, of the total cost of a designated project for each
595
year of the credit period against any tax due for a taxable year
596
under this chapter.
597
(b)
The tax credit shall be allocated among designated
598
projects by the Florida Housing Finance Corporation as provided
599
in s. 420.50931.
600
(c)
A tax credit allocated to a designated project may be
601
subject to transfer by the recipient. Such transferred credits
602
may not be transferred again. The department shall adopt rules
603
necessary to administer this paragraph.
604
(d)
A tax credit allocation may be used for eligible costs,
605
including, but not limited to, structural modifications, Florida
606
Building Code compliance, utility upgrades, interior
607
reconfigurations, and accessibility improvements, necessary to
608
convert a shopping center into appropriate and affordable
609
workforce housing.
610
(e)
Any unused tax credit allocation may be carried forward
611
for up to 1 fiscal year
.
612 Section 8. Section 420.0005, Florida Statutes, is amended
613 to read:
614 420.0005 State Housing Trust Fund; State Housing Fund.—
615
(1)
There is established in the State Treasury a separate
616 trust fund to be named the “State Housing Trust Fund.” There
617 shall be deposited in the fund all moneys appropriated by the
618 Legislature, or moneys received from any other source, for the
619 purpose of this chapter, and all proceeds derived from the use
620 of such moneys. The fund shall be administered by the Florida
621 Housing Finance Corporation on behalf of the department, as
622 specified in this chapter. Money deposited to the fund and
623 appropriated by the Legislature must, notwithstanding
the
624
provisions of
chapter 216 or s. 420.504(3), be transferred
625 quarterly in advance, to the extent available, or, if not so
626 available, as soon as received into the State Housing Trust
627 Fund, and subject to
the provisions of
s. 420.5092(6)(a) and (b)
628 by the Chief Financial Officer to the corporation upon
629 certification by the Secretary of Commerce that the corporation
630 is in compliance with the requirements of s. 420.0006. The
631 certification made by the secretary shall also include the split
632 of funds among programs administered by the corporation and the
633 department as specified in chapter 92-317, Laws of Florida, as
634 amended. Moneys advanced by the Chief Financial Officer must be
635 deposited by the corporation into a separate fund established
636 with a qualified public depository meeting the requirements of
637 chapter 280 to be named the “State Housing Fund” and used for
638 the purposes of this chapter. Administrative and personnel costs
639 incurred in implementing this chapter may be paid from the State
640 Housing Fund, but such costs may not exceed 5 percent of the
641 moneys deposited into such fund. To the State Housing Fund shall
642 be credited all loan repayments, penalties, and other fees and
643 charges accruing to such fund under this chapter. It is the
644 intent of this chapter that all loan repayments, penalties, and
645 other fees and charges collected be credited in full to the
646 program account from which the loan originated. Moneys in the
647 State Housing Fund which are not currently needed for the
648 purposes of this chapter shall be invested in such manner as is
649 provided for by statute. The interest received on any such
650 investment shall be credited to the State Housing Fund.
651
(2)
For any funds transferred from the State Housing Trust
652
Fund in accordance with s. 215.32:
653
(a)
An agency receiving funds that originated from the
654
State Housing Trust Fund must provide a report to the
655
Legislature identifying with specificity the manner in which the
656
funds were spent. The report must be submitted within 30 days
657
after the close of the fiscal year in which the funds are
658
expended.
659
(b)
Any funds appropriated from the State Housing Trust
660
Fund for uses other than those specified in this chapter must be
661
repaid within 5 years after the date on which the funds were
662
appropriated.
663 Section 9. Section 420.50931, Florida Statutes, is created
664 to read:
665
420.50931
Retail-to-Residence Tax Credit Program.—
666
(1)
There is created the Retail-to-Residence Tax Credit
667
Program for the purpose of redeveloping shopping centers into
668
appropriate and affordable workforce housing.
669
(2)
The corporation shall determine those qualified
670
projects, as defined in s. 220.1851(1), which shall be
671
considered designated projects under s. 220.1851 and eligible
672
for the corporate tax credit under that section. The corporation
673
shall establish procedures necessary for proper allocation and
674
distribution of tax credits, including the establishment of
675
criteria for ensuring that the housing is appropriate and
676
affordable for the workers of this state, and may exercise all
677
powers necessary to administer the allocation of such credits.
678
The board of directors of the corporation shall administer the
679
allocation procedures and determine allocations on behalf of the
680
corporation. The corporation shall prepare an annual plan, which
681
must be approved by the Governor, containing general guidelines
682
for the allocation of tax credits to designated projects.
683
(3)
The corporation shall adopt allocation procedures to
684
ensure that tax credits are used in a fair manner, taking into
685
consideration the timeliness of the application, the location of
686
the proposed project, the relative need in the area for
687
appropriate and affordable workforce housing and the
688
availability of such housing, the economic feasibility of the
689
proposed project, and the ability of the applicant to complete
690
the proposed project in the calendar year for which the tax
691
credit is sought.
692
(4)(a)
A taxpayer who wishes to participate in the Retail
693
to-Residence Tax Credit Program must submit an application for
694
tax credit to the corporation. The application must identify the
695
proposed project and the location of the proposed project and
696
include evidence that the proposed project is a qualified
697
project as defined in s. 220.1851(1). The corporation may
698
request any information from an applicant necessary to enable
699
the corporation to make tax credit allocations according to the
700
procedures adopted under subsection (3).
701
(b)
The corporation’s approval of an application for a
702
project must be in writing and include a statement of the
703
maximum tax credit allowable to the applicant.
704 Section 10. Section 420.5312, Florida Statutes, is created
705 to read:
706
420.5312
Affordable Housing Construction Loan Program.—
707
(1)
The Affordable Housing Construction Loan Program is
708
created to encourage the new construction of affordable homes
709
for purchase by low- to moderate-income homebuyers by providing
710
a revolving line of construction funding.
711
(2)
The corporation is authorized to provide loans under
712
the program to applicants for the construction of affordable
713
housing. Applicants may draw from the loan up to five times per
714
home. All homes must meet the requirements of the Florida
715
Building Code or, if more stringent, local amendments to the
716
Florida Building Code.
717
(3)
Qualified homebuyers of homes built under this program
718
must be first-time homebuyers whose total annual household
719
income does not exceed 120 percent of the area median income,
720
adjusted for household size, for the metropolitan statistical
721
area, or the county
if not within a metropolitan statistical
722
area, in which the household
is located, as determined annually
723
by the United States Department of Housing and Urban
724
Development.
725
(4)
The corporation shall develop a loan application
726
process for the program.
727
(5)
The corporation may adopt rules pursuant to ss.
728
120.536(1) and 120.54 to implement this section.
729 Section 11. Section 420.9079, Florida Statutes, is amended
730 to read:
731 420.9079 Local Government Housing Trust Fund.—
732 (1) There is created in the State Treasury the Local
733 Government Housing Trust Fund, which shall be administered by
734 the corporation on behalf of the department according to
the
735
provisions of
ss. 420.907-420.9076 and this section. There shall
736 be deposited into the fund a portion of the documentary stamp
737 tax revenues as provided in s. 201.15, moneys received from any
738 other source for the purposes of ss. 420.907-420.9076 and this
739 section, and all proceeds derived from the investment of such
740 moneys. Moneys in the fund that are not currently needed for the
741 purposes of the programs administered pursuant to ss. 420.907
742 420.9076 and this section shall be deposited to the credit of
743 the fund and may be invested as provided by law. The interest
744 received on any such investment shall be credited to the fund.
745 (2) The corporation shall administer the fund exclusively
746 for the purpose of implementing the programs described in ss.
747 420.907-420.9076 and this section. With the exception of
748 monitoring the activities of counties and eligible
749 municipalities to determine local compliance with program
750 requirements, the corporation shall not receive appropriations
751 from the fund for administrative or personnel costs. For the
752 purpose of implementing the compliance monitoring provisions of
753 s. 420.9075(9), the corporation may request a maximum of one
754 quarter of 1 percent of the annual appropriation per state
755 fiscal year. When such funding is appropriated, the corporation
756 shall deduct the amount appropriated
before
prior to
calculating
757 the local housing distribution pursuant to ss. 420.9072 and
758 420.9073.
759
(3)
For any funds transferred from the Local Government
760
Housing Trust Fund in accordance with s. 215.32:
761
(a)
An agency receiving funds that originated from the
762
Local Government Housing Trust Fund must provide a report to the
763
Legislature identifying with specificity the manner in which the
764
funds were spent. The report must be submitted within 30 days
765
after the close of the fiscal year in which the funds are
766
expended.
767
(b)
Any funds appropriated from the Local Government
768
Housing Trust Fund for uses other than those specified in this
769
chapter must be repaid within 5 years after the date on which
770
the funds were appropriated.
771 Section 12. Section 542.37, Florida Statutes, is created to
772 read:
773
542.37
Unlawful restriction of competition with respect to
774
residential dwelling units.—
775
(1)
As used in this section, the term:
776
(a)
“Consciously parallel pricing coordination” means a
777
tacit agreement between two or more landlords to raise, lower,
778
change, maintain, or manipulate pricing for the rental of a
779
residential dwelling unit.
780
(b)
“Coordinating function” means all of the following:
781
1.
Collecting historical or contemporaneous prices, supply
782
levels, or rental agreement termination and renewal dates of
783
residential dwelling units from two or more landlords.
784
2.
Analyzing or processing the information described in
785
subparagraph 1. through the use of a system or process or
786
through software that uses computation, including by using the
787
information to train an algorithm.
788
3.
Recommending rental prices, rental agreement renewal
789
terms, or ideal occupancy levels to a landlord.
790
(c)
“Coordinator” means a person who operates a software or
791
data analytics service that performs a coordinating function for
792
a landlord. The term includes a landlord if such person is
793
performing a coordinating function for his or her own benefit.
794
(d)
“Landlord” means a residential property owner or lessor
795
of a residential dwelling unit.
796
(e)
“Residential dwelling unit” means a house, an
797
apartment, an accessory unit, or any other unit intended to be
798
used as a primary residence in this state. The term does not
799
include inpatient medical care, licensed long-term care, or
800
detention or correctional facilities.
801
(2)
It is unlawful and a violation of the Florida Antitrust
802
Act of 1980 for:
803
(a)
A landlord, or the agent, representative, or
804
subcontractor of the landlord, to subscribe to, contract with,
805
or otherwise exchange any form of consideration in return for
806
the use of the services of a coordinator;
807
(b)
A coordinator to facilitate an agreement among
808
landlords which restricts competition with respect to
809
residential dwelling units, including by performing a
810
coordinating function; or
811
(c)
Two or more landlords to engage in consciously parallel
812
pricing coordination.
813
(3)
Sections 542.21, 542.22, 542.23, 542.24-542.32, and
814
542.35 apply to this section.
815
(4)
The Office of the Attorney General shall develop a
816
public education program designed to inform residents of this
817
state of the prohibitions in this section. Information developed
818
for the public education program must be posted on the Attorney
819
General’s website along with information on the steps a consumer
820
may take if the consumer suspects a violation of this section.
821
(5)
The Office of the Attorney General may adopt rules to
822
implement this section.
823 Section 13. Subsections (5) and (6) are added to section
824 627.0613, Florida Statutes, to read:
825 627.0613 Consumer advocate.—The Chief Financial Officer
826 must appoint a consumer advocate who must represent the general
827 public of the state before the department and the office. The
828 consumer advocate must report directly to the Chief Financial
829 Officer, but is not otherwise under the authority of the
830 department or of any employee of the department. The consumer
831 advocate has such powers as are necessary to carry out the
832 duties of the office of consumer advocate, including, but not
833 limited to, the powers to:
834
(5)
Request an administrative hearing pursuant to s. 120.57
835
to challenge a notice of intent to approve or a notice of intent
836
to disapprove a rate filing.
837
(6)
Administer oaths or affirmations to compel the
838
attendance and testimony of witnesses, or to issue subpoenas for
839
and compel the production of books, papers, records, documents,
840
and other evidence, pertaining to any investigation or hearing
841
convened under this section.
842
(a)
In conducting an investigation, the consumer advocate
843
and its investigators must have access at all reasonable times
844
to premises, records, documents, and other evidence or possible
845
sources of evidence and may examine, record, and copy such
846
materials and take and record the testimony or statements of
847
such persons as deemed reasonably necessary for the furtherance
848
of the investigation.
849
(b)
In the case of a refusal to obey a subpoena issued to
850
any person, the consumer advocate may apply to any circuit court
851
of this state, which court shall have jurisdiction to order the
852
witness to appear before the consumer advocate to give testimony
853
and to produce evidence concerning the matter in question.
854
Failure to obey the court’s order may be punished by the court
855
as contempt. If the court enters an order holding a person in
856
contempt or compelling the person to comply with the subpoena,
857
the court may order the person to pay the consumer advocate
858
reasonable expenses, including reasonable attorney fees, accrued
859
by the consumer advocate in obtaining the order from the court.
860 Section 14. Paragraph (a) of subsection (2) and subsection
861 (6) of section 627.062, Florida Statutes, are amended to read:
862 627.062 Rate standards.—
863 (2) As to all such classes of insurance:
864 (a) Insurers or rating organizations shall establish and
865 use rates, rating schedules, or rating manuals that allow the
866 insurer a reasonable rate of return on the classes of insurance
867 written in this state. A copy of rates, rating schedules, rating
868 manuals, premium credits or discount schedules, and surcharge
869 schedules, and changes thereto, must be filed with the office
870 under one of the following procedures:
871 1. If the filing is made at least 90 days before the
872 proposed effective date and is not implemented during the
873 office’s review of the filing and any proceeding and judicial
874 review, such filing is considered a “file and use” filing. In
875 such case, the office shall finalize its review by issuance of a
876 notice of intent to approve or a notice of intent to disapprove
877 within 90 days after receipt of the filing. If the 90-day period
878 ends on a weekend or a holiday under s. 110.117(1)(a)-(i), it
879 must be extended until the conclusion of the next business day.
880 The notice of intent to approve and the notice of intent to
881 disapprove constitute agency action for purposes of the
882 Administrative Procedure Act. Requests for supporting
883 information, requests for mathematical or mechanical
884 corrections, or notification to the insurer by the office of its
885 preliminary findings does not toll the 90-day period during any
886 such proceedings and subsequent judicial review. The rate shall
887 be deemed approved if the office does not issue a notice of
888 intent to approve or a notice of intent to disapprove within 90
889 days after receipt of the filing.
890 2. If the filing is not made in accordance with
891 subparagraph 1., such filing must be made as soon as
892 practicable, but within 30 days after the effective date, and is
893 considered a “use and file” filing. An insurer making a “use and
894 file” filing is potentially subject to an order by the office to
895 return to policyholders those portions of rates found to be
896 excessive, as provided in paragraph (h).
897 3. For all property insurance filings made or submitted
898 after January 25, 2007, but before May 1, 2012, an insurer
899 seeking a rate that is greater than the rate most recently
900 approved by the office shall make a “file and use” filing. For
901 purposes of this subparagraph, motor vehicle collision and
902 comprehensive coverages are not considered property coverages.
903
4.
The office may not approve any property insurance
904
filings made or submitted on or after July 1, 2026, if the
905
proposed rate is more than 10 percent above the highest rate
906
approved by the office within the past 12 months. If multiple
907
rate filings occur within a 12-month period, the office may not
908
approve a total cumulative increase that is more than 15 percent
909
above the highest approved rate within the past 12 months.
910
911 The provisions of this subsection do not apply to workers’
912 compensation, employer’s liability insurance, and motor vehicle
913 insurance.
914 (6)(a) If an insurer
or the consumer advocate under s.
915
627.0613
requests an administrative hearing pursuant to s.
916 120.57 related to a rate filing under this section, the director
917 of the Division of Administrative Hearings
must
shall
expedite
918 the hearing and assign an administrative law judge who shall
919 commence the hearing within 30 days after the receipt of the
920 formal request and enter a recommended order within 30 days
921 after the hearing or within 30 days after receipt of the hearing
922 transcript by the administrative law judge, whichever is later.
923 Each party shall have 10 days in which to submit written
924 exceptions to the recommended order. The office shall enter a
925 final order within 30 days after the entry of the recommended
926 order. The provisions of this paragraph may be waived upon
927 stipulation of all parties.
928 (b) Upon entry of a final order, the insurer
or the
929
consumer advocate under s. 627.0613
may request an expedited
930 appellate review pursuant to the Florida Rules of Appellate
931 Procedure. It is the intent of the Legislature that the First
932 District Court of Appeal grant an insurer’s
or the consumer
933
advocate’s
request for an expedited appellate review.
934 Section 15. Section 692.041, Florida Statutes, is created
935 to read:
936
692.041
Single-family residential property.—
937
(1)
As used in this section, the term:
938
(a)
“Affiliate” means:
939
1.
A person or business entity that directly or indirectly
940
controls, is controlled by, or is under common control with
941
another person or business entity, including, but not limited
942
to, any heirs, assigns, related trusts, or persons who are in
943
privity of contract at law or in equity.
944
2.
A person or business entity that receives a financial
945
benefit from possession of the land as an asset, including, but
946
not limited to, income, leverage, capital securitization,
947
inclusion in a financial portfolio, or for purposes related to
948
debt or taxes.
949
950
As used in this paragraph, the term “control” means the direct
951
or indirect power to direct or cause the direction of the
952
management or policies of a business entity, whether through
953
ownership, common management, contractual arrangements, or
954
otherwise.
955
(b) “Business entity” means an association, a company, a
956
firm, a partnership, a corporation, a limited liability company,
957
a limited liability partnership, a real estate investment trust,
958
or any other legal entity, and such entity’s successors,
959
assignees, or affiliates. The term does not include:
960
1.
A nonprofit corporation or other nonprofit legal entity.
961
2.
A person or entity primarily engaged in the acquisition,
962
rehabilitation, or construction of new or existing market rate
963
or affordable residential housing. As used in this subparagraph,
964
the term “affordable” has the same meaning as in s. 420.0004.
965
(c)
“Single-family residential property” means a single
966
parcel of real property improved with only one detached dwelling
967
unit on it for which a certificate of occupancy has been issued.
968
(2)(a)
A business entity that has an interest in more than
969
100 single-family residential properties in this state may not
970
purchase, acquire, or otherwise obtain an ownership interest in
971
another single-family residential property and subsequently
972
lease or rent such property.
973
(b)
The seller of single-family residential property to a
974
business entity is not liable for any violation of this section
975
by the business entity.
976
(3)(a)
Beginning July 1, 2026, a business entity that has
977
an interest in 10
00
or more single-family residential properties
978
may not purchase, acquire, or offer to purchase or acquire any
979
interest in another single-family residential property unless
980
such property has been listed for sale to the general public for
981
at least 90 days. The 90-day waiting period restarts if the
982
seller of the single-family residential property changes the
983
asking price of such property.
984
(b)
If a business entity described in paragraph (a)
985
purchases or acquires an interest in a single-family residential
986
property, the business entity, or its authorized agent, must
987
complete and retain the following notice at the time a contract
988
for purchase is executed:
989
990
COMPLIANCE WITH FLORIDA LAW
991
Under s. 692.041, Florida Statutes, a business entity
992
that has an interest in 10
00
or more single-family
993
residential properties may not purchase, acquire, or
994
offer to purchase or acquire any interest in another
995
single-family residential property unless such
996
property has been listed for sale to the general
997
public for at least 90 days. The undersigned certifies
998
compliance with this requirement.
999
1000
(c)
A business entity
shall
retain the signed notice under
1001
paragraph (b) for inspection, upon request, by the Department of
1002
Legal Affairs.
1003
(4)(a)
For purposes of determining compliance with this
1004
section, all ownership interests held by a business entity,
1005
together with those held by any affiliates of the business
1006
entity, must be aggregated and treated as if such ownership
1007
interests are held by a single business entity.
1008
(b)
A business entity may not use affiliated entities or
1009
other similar arrangements to avoid the application of this
1010
section.
1011
(5) The Attorney General may bring a civil action for a
1012
violation of this section. If the Attorney General prevails in a
1013
civil action brought under this section, the court must order
1014
all of the following:
1015
(a)1.
A civil penalty of $100,000 against the business
1016
entity for each violation
of paragraph (2)(a); or
1017
2.
A civil penalty
of
up to $10,000 against the business
1018
entity for each violation of subsection (3).
1019
(b)
Require the business entity to sell the single-family
1020
residential property to a natural person or an independent third
1021
party within 1 year after the date the court enters the
1022
judgment.
1023
(c)
Reasonable attorney fees and costs.
1024
(6)
Subsection (5) is the exclusive remedy for a violation
1025
of this section.
1026 Section 16. Present subsections (6), (7), and (8) of
1027 section 83.67, Florida Statutes, are redesignated as subsections
1028 (7), (8), and (9), respectively, and a new subsection (6) is
1029 added to that section, to read:
1030 83.67 Prohibited practices.—
1031
(6)
A landlord of any dwelling unit governed by this part
1032
may not use the services of a coordinator or engage in
1033
consciously parallel pricing coordination, as those terms are
1034
defined in s. 542.37(1).
1035 Section 17. Section 542.21, Florida Statutes, is amended to
1036 read:
1037 542.21 Penalties for violation.—
1038 (1) Any natural person who violates
any of the provisions
1039
of
s. 542.18
,
or
s. 542.19
, or s. 542.37 is
shall be
subject to
1040 a civil penalty of not more than $100,000. Any other person who
1041 violates
any of the provisions of
s. 542.18
,
or
s. 542.19
, or s.
1042
542.37 is
shall be
subject to a civil penalty of not more than
1043 $1 million.
1044 (2) Any person who knowingly violates
any of the provisions
1045
of
s. 542.18
,
or
s. 542.19,
or s. 542.37,
or who knowingly aids
1046 in or advises such violation, is guilty of a felony, punishable
1047 by a fine not exceeding $1 million if a corporation, or, if any
1048 other person, $100,000 or imprisonment not exceeding 3 years, or
1049
by
both
said punishments
.
1050 (3) The commencement of trial seeking civil penalties in
1051 any action under this section
bars
shall bar
any subsequent
1052 criminal prosecution against the same person for violation of s.
1053 542.18
,
or
s. 542.19,
or s. 542.37,
based upon the same acts.
1054 The commencement of trial in a criminal prosecution for
a
1055 violation of s. 542.18
,
or
s. 542.19
, or s. 542.37 bars
shall
1056
bar
any subsequent action against the same person for recovery
1057 of civil penalties under this section based upon the same acts,
1058 but
may
shall
not bar a subsequent suit for damages or
1059 injunctive relief under ss. 542.22 and 542.23.
1060 (4)
The Attorney General may not commence an
No
action
1061 under this section or s. 542.23
shall be commenced by the
1062
Attorney General
against any person who, at the time, is a
1063 defendant in a suit filed by the United States for violation or
1064 alleged violation of the federal antitrust laws involving
1065 substantially the same subject matter and seeking substantially
1066 the same relief.
1067 Section 18. Subsections (1) and (2) of section 542.22,
1068 Florida Statutes, are amended to read:
1069 542.22 Suits for damages.—
1070 (1) Any person who
is
shall be
injured in her or his
1071 business or property by reason of any violation of s. 542.18
,
or
1072 s. 542.19
, or s. 542.37
may sue
therefor
in the circuit courts
1073 of this state and shall recover threefold the damages by her or
1074 him sustained, and the cost of suit, including a reasonable
1075 attorney fee. The court shall award a reasonable attorney fee to
1076 a defendant prevailing in any action under this part for damages
1077 or equitable relief in which the court finds there was a
1078 complete absence of a justiciable issue of either law or fact
1079 raised by the plaintiff.
1080 (2) The Attorney General, or a state attorney after
1081 receiving written permission from the Attorney General, may
1082 bring a civil action in the name of
this
the
state, as parens
1083 patriae on behalf of natural persons residing in this state, to
1084 recover on behalf of those persons threefold the actual damages
1085 sustained by reason of any violation of s. 542.18
,
or
s. 542.19,
1086
or s. 542.37,
and the cost of such suit, including a reasonable
1087
attorney
attorney’s
fee. The court shall exclude from the amount
1088 of monetary relief awarded in such action any amount of monetary
1089 relief which:
1090 (a) Duplicates amounts which have been awarded for the same
1091 injury;
1092 (b) Is properly allocable to natural persons who have
1093 excluded their claims pursuant to paragraph (3)(b); or
1094 (c) Is properly allocable to any business entity.
1095 Section 19. Section 542.25, Florida Statutes, is amended to
1096 read:
1097 542.25 Judgment in favor of state as prima facie evidence.
1098 A final judgment or decree entered in any civil or criminal
1099 proceeding brought by the Attorney General or a state attorney
1100 under s. 542.21 or s. 542.23 to the effect that a defendant has
1101 violated s. 542.18
,
or
s. 542.19,
or s. 542.37,
or entered in
1102 any civil or criminal proceeding brought by the United States
1103 Department of Justice under comparable federal laws, shall be
1104 prima facie evidence against such defendant in any civil action
1105 or proceeding under this part brought by any other person
1106 against such defendant as to all matters with respect to which
1107 such judgment or decree would be an estoppel as between the
1108 parties thereto; however, this section does not apply to a
1109 consent judgment or decree entered before any testimony has been
1110 taken.
Nothing contained in
This section
may not
shall
be
1111 construed to impose any limitation on the application of
1112 collateral estoppel.
1113 Section 20. Section 542.32, Florida Statutes, is amended to
1114 read:
1115 542.32 Rule of construction and coverage.—It is the intent
1116 of the Legislature that, in construing this part, due
1117 consideration and great weight be given to the interpretations
1118 of the federal courts relating to comparable federal antitrust
1119 statutes. In particular, the failure to include in this part the
1120 substantive provisions of s. 3 of the Clayton Act, 15 U.S.C. s.
1121 14,
may
shall
not be deemed in any way to limit the scope of s.
1122 542.18
,
or
s. 542.19
, or s. 542.37
.
1123 Section 21. This act shall take effect July 1, 2026.