Florida Senate - 2022                                    SB 1362
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01728-22                                           20221362__
    1                        A bill to be entitled                      
    2         An act relating to fines levied by a homeowners’
    3         association; amending s. 720.305, F.S.; providing that
    4         a fine levied against a member or the tenants, guests,
    5         or invitees of a member may not become a lien against
    6         a parcel; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (2) of section 720.305, Florida
   11  Statutes, is amended to read:
   12         720.305 Obligations of members; remedies at law or in
   13  equity; levy of fines and suspension of use rights.—
   14         (2) An association may levy reasonable fines. A fine may
   15  not exceed $100 per violation against any member or any member’s
   16  tenant, guest, or invitee for the failure of the owner of the
   17  parcel or its occupant, licensee, or invitee to comply with any
   18  provision of the declaration, the association bylaws, or
   19  reasonable rules of the association unless otherwise provided in
   20  the governing documents. A fine may be levied by the board for
   21  each day of a continuing violation, with a single notice and
   22  opportunity for hearing, except that the fine may not exceed
   23  $1,000 in the aggregate unless otherwise provided in the
   24  governing documents. A fine of less than $1,000 may not become a
   25  lien against a parcel. In any action to recover a fine, the
   26  prevailing party is entitled to reasonable attorney fees and
   27  costs from the nonprevailing party as determined by the court.
   28         (a) An association may suspend, for a reasonable period of
   29  time, the right of a member, or a member’s tenant, guest, or
   30  invitee, to use common areas and facilities for the failure of
   31  the owner of the parcel or its occupant, licensee, or invitee to
   32  comply with any provision of the declaration, the association
   33  bylaws, or reasonable rules of the association. This paragraph
   34  does not apply to that portion of common areas used to provide
   35  access or utility services to the parcel. A suspension may not
   36  prohibit an owner or tenant of a parcel from having vehicular
   37  and pedestrian ingress to and egress from the parcel, including,
   38  but not limited to, the right to park.
   39         (b) A fine or suspension levied by the board of
   40  administration may not be imposed unless the board first
   41  provides at least 14 days’ notice to the parcel owner and, if
   42  applicable, any occupant, licensee, or invitee of the parcel
   43  owner, sought to be fined or suspended and an opportunity for a
   44  hearing before a committee of at least three members appointed
   45  by the board who are not officers, directors, or employees of
   46  the association, or the spouse, parent, child, brother, or
   47  sister of an officer, director, or employee. If the committee,
   48  by majority vote, does not approve a proposed fine or
   49  suspension, the proposed fine or suspension may not be imposed.
   50  The role of the committee is limited to determining whether to
   51  confirm or reject the fine or suspension levied by the board. If
   52  the proposed fine or suspension levied by the board is approved
   53  by the committee, the fine payment is due 5 days after notice of
   54  the approved fine is provided to the parcel owner and, if
   55  applicable, to any occupant, licensee, or invitee of the parcel
   56  owner. The association must provide written notice of such fine
   57  or suspension by mail or hand delivery to the parcel owner and,
   58  if applicable, to any occupant, licensee, or invitee of the
   59  parcel owner.
   60         Section 2. This act shall take effect July 1, 2022.