LEGISLATIVE SESSION 2026

ANALYSIS OF BILL HB 255 + SB 638

(IDENTICAL)

CONDOMINIUM ASSOCIATIONS

GENERAL BILL

HB 255  An Act Relating To Condominium Associations -- introduced by Representative John Synder

SB 638 An Act Relating To Condominium Associations -- introduced by Senator Jay Trumbull
Effective Date: 7/1/2026
 

(TURNOVER CERTICATES AND ANNUAL REPORTS NOW REQUIRED AS OFFICIAL RECORDS AND DIVISION IS TO CREATE AND MAINTAIN A PUBLICLY ACCESSIBLE ONLINE DATABASE OF TURNOVER CERTIFICATES)
EFFECTIVE JULY 1, 2026

We need to support this bill.  This bill strengthens transparency for condominium association members and the public by requiring that turnover certificates and annual reports become part of each association’s official records. I am a little perturbed that “turnover”” does not include that if a board member resigns, the date when he/she resigns, and if a board meeting was held to replace that board member’s place to be submitted to the Division.    Maybe it was intentionally not inserted, but I do think for greater transparency, it ought to be included.

Paragraph (a) of subsection (12) of section 718.111, Florida Statutes,  creates two new paragraphs and is amended to read:

21 . A copy of the association's turnover certificate.

22. A copy of the association's annual report required under s. 617.1622

(Florida Statute 617.1622  provides the requirements necessary to be included in an annual report for the Department of State in Florida.)

The bill mandates that, within 30 days after unit owners (other than the developer) elect a majority of the board, the board must file a turnover certificate with the Division of Condominiums.  The certificate must include the election date and the names and mailing addresses of the elected board members.

Subsection (2) of section 718.301, Florida Statutes, is amended by adding a new paragraph (b) to read:

(b) Within 30 days after the election in which the unit owners other than the developer elect a majority of the members of the board of administration of an association, the board shall file with the division a turnover certificate. The turnover certificate must include the date of the election and the names and mailing addresses of each elected unit owner board member. The division shall maintain a publicly accessible online database of turnover certificates which must include the name and mailing address of the condominium, the date on which turnover occurred, and a digital copy of the turnover certificate.

In Section 718.124(1), Florida Statutes the verbiage “or a cooperative association” (presumably since cooperative associations are governed by Section 719, Florida Statutes)

The bill also clarifies statute of limitations provisions for certain legal actions and directs the Division to establish rules for the form and electronic filing of turnover certificates.

Section 718.124, Florida Statutes inserts  a new paragraph (2) relating to the tolling of statute of limitations and statute of repose.

(2) The tolling of any applicable statute of limitations and statute of repose under subsection (1) does not apply to actions that are subject to s. 95.11(3)(b). Actions that are subject to s. 95.11(3)(b) must be commenced within the time periods prescribed in s. 95.11(3)(b) and subsection (1) may not be construed to extend, suspend, or otherwise toll such limitation periods. 

(In part, Section 95.11(3)(b) (b) relates to actions founded on the design, planning, or construction of an improvement to real property and the time period upon which to commence a lawsuit).

Additionally, the bill directs the Division to establish rules for the form and electronic filing of turnover certificates. The Division will maintain a publicly accessible online database containing these certificates, including the association’s name, address, turnover date, and a digital copy of the certificate.

Subsection (4) is added to section 718.501, Florida Statutes, to read:

718.501 Authority, responsibility, and duties of Division of Florida Condominiums, Timeshares, and Mobile Homes.—                                                                                                            

(4) The division shall create and maintain a searchable electronic database of each turnover certificate filed pursuant to s. 718.301(2)(b). The database must include the name and mailing address of each condominium association, the date on which turnover occurred, and a digital copy of the turnover certificate. The division shall adopt rules prescribing the form and content of the turnover certificate and the procedures for  electronically filing a turnover certificate.

Overall, HB 255 has a positive impact on Associations

• Increases administrative responsibilities by requiring timely filing of turnover certificates and annual reports.

• Promotes greater transparency and accountability to both association members and the public.

• Facilitates public access to key association documents through a centralized online database.

• May require associations to update internal processes to ensure compliance with new recordkeeping and reporting requirements.

• Clarifies legal timelines, reducing ambiguity in litigation related to association governance.