CCFJ COMMUNITY ASSOCIATION BLOG

THE FLORIDA LEGISLATIVE SESSION 2025 STARTS TODAY!

An Opinion By Jan Bergemann

Published March 4, 2025

Today is the day -- Florida's legislators are starting to work for 60 days on enacting bills. Many interesting community association bills have been filed. Representative Vicki Lopez and Senator Jennifer Bradley are teaming up again with the Condo Bill 3.0 (HB 913 + SB 1742). This will be the bill that has the best chances to continue to work on condo laws that need a lot more work -- and especially enforcement> By requiring fully funded reserves associations will have big amounts of money in their accounts -- and this money has to be protected against bad actors.

The "My Safe Florida Condominium Pilot Program" bill (HB 393 + SB 592) has as well very good chances to end up on the Governor's desk for signature.

Some more condo bills have been filed (see PRIORITY BILLS), but the two bills above will most likely the ones making it finally to votes of full House and Senate.

Homeowners living in mandatory homeowners' associations regulated by Florida Statutes 720, will be looking at bills trying to create the office of the HOA OMBUDSMAN'S OFFICE (HB 137 + SB 120). Great idea, especially with giving this office the option of sending election monitors to annual elections -- if so requested by a petition of the owners. Election regulations in HOAs are horrific, but Representative JC Porras is working on changes, using condominium election provisions that have proven to work pretty well (HB 983).

What I will never understand is the reason for legislators trying to make a mess out of well-functioning provisions. Bills filed are trying to destroy recall provisions that are in place since 2004 (HOA TASK FORCE). I was a member of this Task Force -- and adding recall provisions to the statutes for community associations was one of our greatest achievements. Initially the recall provisions were the same for Condos and HOAs, until condo recalls were changed to a language that created nothing but confusion and is still today problematic, to say the least. Why do legislators want to make a mess now out of the HOA Recall provisions? Is the language in place now too straight forward for attorneys -- lots of owners have succeeded in recalling boards without the help of attorneys -- or what's the reason for making changes that will make a mess out of recalls -- so far the best weapon for owners to get rid of unwanted board members?

Senator Ileana Garcia filed a very interesting bill: SB 368 -- creating the "Condominium and Homeowners' Association Economic Crime, Fraud, and Corruption Investigation Pilot Program" within the Department of Legal Affairs. Considering all the reports about embezzlement, fraud and scams in Florida's community associations, it is high time that the association funds are much better protected, especially considering the fact that fully funded reserves create huge amounts of money in association accounts. It will be interesting to see if our legislators are willing to protect the assets they have created with recently enacted bills.

We all know that the bills filed will undergo many changes in committees -- and the big question is always: Which bills will end up on Governor Ron DeSantis' desk for his signature?

I will keep you posted as soon as bills make some progress and are favorably reported out of committees.

The Legislative Session will end on May 2, 2025 -- SINE DIE!