Florida Senate - 2023                                     SB 872
       
       
        
       By Senator Torres
       
       
       
       
       
       25-01734-23                                            2023872__
    1                        A bill to be entitled                      
    2         An act relating to fines levied by homeowners’
    3         associations; amending s. 720.305, F.S.; prohibiting
    4         fines imposed by homeowners’ associations from
    5         exceeding $500 in the aggregate unless otherwise
    6         provided in the governing documents; providing that a
    7         fine of less than that amount may not become a lien
    8         against a parcel; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (2) of section 720.305, Florida
   13  Statutes, is amended to read:
   14         720.305 Obligations of members; remedies at law or in
   15  equity; levy of fines and suspension of use rights.—
   16         (2) An association may levy reasonable fines. A fine may
   17  not exceed $100 per violation against any member or any member’s
   18  tenant, guest, or invitee for the failure of the owner of the
   19  parcel or its occupant, licensee, or invitee to comply with any
   20  provision of the declaration, the association bylaws, or
   21  reasonable rules of the association unless otherwise provided in
   22  the governing documents. A fine may be levied by the board for
   23  each day of a continuing violation, with a single notice and
   24  opportunity for hearing, except that the fine may not exceed
   25  $500 $1,000 in the aggregate unless otherwise provided in the
   26  governing documents. A fine of less than $500 $1,000 may not
   27  become a lien against a parcel. In any action to recover a fine,
   28  the prevailing party is entitled to reasonable attorney fees and
   29  costs from the nonprevailing party as determined by the court.
   30         (a) An association may suspend, for a reasonable period of
   31  time, the right of a member, or a member’s tenant, guest, or
   32  invitee, to use common areas and facilities for the failure of
   33  the owner of the parcel or its occupant, licensee, or invitee to
   34  comply with any provision of the declaration, the association
   35  bylaws, or reasonable rules of the association. This paragraph
   36  does not apply to that portion of common areas used to provide
   37  access or utility services to the parcel. A suspension may not
   38  prohibit an owner or tenant of a parcel from having vehicular
   39  and pedestrian ingress to and egress from the parcel, including,
   40  but not limited to, the right to park.
   41         (b) A fine or suspension levied by the board of
   42  administration may not be imposed unless the board first
   43  provides at least 14 days’ notice to the parcel owner and, if
   44  applicable, any occupant, licensee, or invitee of the parcel
   45  owner, sought to be fined or suspended and an opportunity for a
   46  hearing before a committee of at least three members appointed
   47  by the board who are not officers, directors, or employees of
   48  the association, or the spouse, parent, child, brother, or
   49  sister of an officer, director, or employee. If the committee,
   50  by majority vote, does not approve a proposed fine or
   51  suspension, the proposed fine or suspension may not be imposed.
   52  The role of the committee is limited to determining whether to
   53  confirm or reject the fine or suspension levied by the board. If
   54  the proposed fine or suspension levied by the board is approved
   55  by the committee, the fine payment is due 5 days after notice of
   56  the approved fine is provided to the parcel owner and, if
   57  applicable, to any occupant, licensee, or invitee of the parcel
   58  owner. The association must provide written notice of such fine
   59  or suspension by mail or hand delivery to the parcel owner and,
   60  if applicable, to any occupant, licensee, or invitee of the
   61  parcel owner.
   62         Section 2. This act shall take effect July 1, 2023.