Florida Senate - 2025 CS for SB 1118
By the Committee on Community Affairs; and Senator McClain
578-02517-25 20251118c1
1 A bill to be entitled
2 An act relating to land use and development
3 regulations; amending s. 125.022, F.S.; prohibiting a
4 county from requiring an applicant to take certain
5 actions as a condition of processing a development
6 permit or development order; amending s. 163.3162,
7 F.S.; revising a statement of legislative purpose;
8 deleting language authorizing the owner of an
9 agricultural enclave to apply for a comprehensive plan
10 amendment; authorizing such owner instead to apply for
11 administrative approval of a development regardless of
12 future land use designations or comprehensive plan
13 conflicts under certain circumstances; deleting a
14 certain presumption of urban sprawl; requiring that an
15 application for administrative approval for certain
16 parcels include certain concepts; requiring that an
17 authorized development be treated as a conforming use;
18 requiring administrative approval of such development
19 within a specified timeframe if it complies with
20 certain requirements; prohibiting a local government
21 from enacting or enforcing certain regulations or
22 laws; providing that the production of ethanol from
23 certain products in a specified manner is not chemical
24 manufacturing or chemical refining; providing
25 retroactive applicability; conforming provisions to
26 changes made by the act; amending s. 163.3164, F.S.;
27 revising the definition of the terms “agricultural
28 enclave” and “compatibility”; amending s. 163.3167,
29 F.S.; defining the term “land development regulation”;
30 providing retroactive applicability; amending s.
31 163.3177, F.S.; prohibiting a comprehensive plan from
32 making a certain mandate; prohibiting optional
33 elements of a local comprehensive plan from containing
34 certain policies; requiring the use of certain
35 consistent data, where relevant, unless an applicant
36 can make a certain justification; amending s.
37 163.31801, F.S.; defining the term “extraordinary
38 circumstance”; amending s. 163.3184, F.S.; revising
39 the expedited state review process for the adoption of
40 comprehensive plan amendments; requiring a
41 supermajority vote for the adoption of certain
42 comprehensive plans and plan amendments; authorizing
43 owners of property subject to a comprehensive plan
44 amendment and persons applying for comprehensive plan
45 amendments to file civil actions for relief in certain
46 circumstances; providing requirements for such
47 actions; authorizing such owners and applicants to use
48 certain dispute resolution procedures; providing
49 applicability; amending s. 163.3206, F.S.; revising
50 the definition of the term “fuel terminal”; providing
51 applicability of a prohibition on amending a
52 comprehensive plan, a land use map, zoning districts,
53 or land development regulations in a certain manner;
54 amending s. 166.033, F.S.; prohibiting a municipality
55 from requiring an applicant to take certain actions as
56 a condition of processing a development permit or
57 development order; amending s. 171.044, F.S.;
58 providing that an exclusive method of voluntary
59 annexation may not affect certain powers granted to a
60 municipality; providing legislative intent; providing
61 retroactive applicability; providing that an exclusive
62 method of voluntary annexation which requires certain
63 county approval is void; amending s. 171.062, F.S.;
64 providing that a certain assumption of land use
65 regulation of land annexed by a municipality is a
66 power of the municipality as contemplated by the State
67 Constitution; providing applicability; providing
68 legislative intent; providing retroactive
69 applicability; amending s. 177.071, F.S.; requiring an
70 approving agency to administer plat submittals and
71 take specified actions within a certain timeframe;
72 authorizing an applicant to request final
73 administrative review of a plat submittal under
74 certain circumstances; requiring a governing body to
75 grant final administrative approval of a plat at its
76 next regularly scheduled meeting; providing an
77 exception; requiring such governing body to grant
78 final administrative approval of a resubmitted plat at
79 its next regularly scheduled meeting; amending s.
80 720.301, F.S.; revising definitions; amending s.
81 720.302, F.S.; revising applicability of the
82 Homeowners’ Association Act; amending s. 720.3086,
83 F.S.; revising applicability of provisions requiring a
84 certain financial report; creating part IV of ch. 720,
85 F.S., entitled “Recreational Covenants”; creating s.
86 720.408, F.S.; defining terms; creating s. 720.409,
87 F.S.; providing legislative findings and intent;
88 providing applicability; providing construction;
89 creating s. 720.41, F.S.; providing requirements for
90 certain recreational covenants recorded on or after a
91 certain date; requiring that a recreational covenant
92 recorded before a certain date be amended or
93 supplemented to comply with specified requirements;
94 limiting the annual increases in amenity fees and
95 amenity expenses in certain circumstances; prohibiting
96 a recreational covenant from requiring an association
97 to collect amenity dues beginning on a specified date;
98 prohibiting the termination of a recreational covenant
99 or right of a private amenity owner to suspend certain
100 rights from affecting an owner or a tenant of a parcel
101 in a certain manner; creating s. 720.411, F.S.;
102 requiring a specified disclosure summary for contracts
103 for the sale of certain parcels beginning on a
104 specified date; requiring certain persons to supply
105 the disclosure summary; requiring that certain
106 contracts or agreements for sale incorporate the
107 disclosure summary and include a specified statement
108 after a specified date; authorizing a prospective
109 purchaser to void a contract in a specified manner
110 under certain circumstances; creating s. 720.412,
111 F.S.; requiring a public amenity owner annually to
112 make a certain financial report public and available
113 for inspection in a certain manner within a certain
114 timeframe; providing requirements for the financial
115 report; providing applicability; providing an
116 effective date.
117
118 Be It Enacted by the Legislature of the State of Florida:
119
120 Section 1. Subsection (8) is added to section 125.022,
121 Florida Statutes, to read:
122 125.022 Development permits and orders.—
123 (8) A county may not as a condition of processing or
124 issuing a development permit or development order require an
125 applicant to install a work of art, pay a fee for a work of art,
126 or reimburse the county for any costs that the county may incur
127 related to a work of art.
128 Section 2. Subsections (1) and (4) of section 163.3162,
129 Florida Statutes, are amended, and subsection (5) is added to
130 that section, to read:
131 163.3162 Agricultural lands and practices.—
132 (1) LEGISLATIVE FINDINGS AND PURPOSE.—The Legislature finds
133 that agricultural production is a major contributor to the
134 economy of the state; that agricultural lands constitute unique
135 and irreplaceable resources of statewide importance; that the
136 continuation of agricultural activities preserves the landscape
137 and environmental resources of the state, contributes to the
138 increase of tourism, and furthers the economic self-sufficiency
139 of the people of the state; and that the encouragement,
140 development, and improvement of agriculture will result in a
141 general benefit to the health, safety, and welfare of the people
142 of the state. It is the purpose of this act to protect
143 reasonable agricultural activities conducted on farm lands from
144 duplicative regulation and to protect the property rights of
145 agricultural land owners.
146 (4) ADMINISTRATIVE APPROVAL AMENDMENT TO LOCAL GOVERNMENT
147 COMPREHENSIVE PLAN.—The owner of a parcel of land defined as an
148 agricultural enclave under s. 163.3164 may apply for
149 administrative approval of development regardless of the future
150 land use map designation of the parcel or any conflicting
151 comprehensive plan goals, objectives, or policies if the owner’s
152 request an amendment to the local government comprehensive plan
153 pursuant to s. 163.3184. Such amendment is presumed not to be
154 urban sprawl as defined in s. 163.3164 if it includes land uses
155 and densities and intensities of use that are consistent with
156 the approved uses and densities and intensities of use of the
157 industrial, commercial, or residential areas that surround the
158 parcel. This presumption may be rebutted by clear and convincing
159 evidence. Each application for administrative approval a
160 comprehensive plan amendment under this subsection for a parcel
161 larger than 700 640 acres must include appropriate new urbanism
162 concepts such as clustering, mixed-use development, the creation
163 of rural village and city centers, and the transfer of
164 development rights in order to discourage urban sprawl while
165 protecting landowner rights. A development authorized under this
166 subsection must be treated as a conforming use, notwithstanding
167 the local government’s comprehensive plan, future land use
168 designation, or zoning.
169 (a) A proposed development authorized under this subsection
170 must be administratively approved within 120 days after the date
171 the local government receives a complete application, and no
172 further action by the governing body of the local government is
173 required. A The local government may not enact or enforce any
174 regulation or law for an agricultural enclave that is more
175 burdensome than for other types of applications for comparable
176 densities or intensities of use. Notwithstanding the future land
177 use designation of the agricultural enclave or whether it is
178 included in an urban service district, a local government must
179 approve the application if it otherwise complies with this
180 subsection and proposes only single-family residential,
181 community gathering, and recreational uses at a density that
182 does not exceed the average density allowed by a future land use
183 designation on any adjacent parcel that allows a density of at
184 least one dwelling unit per acre. A local government shall treat
185 an agricultural enclave that is adjacent to an urban service
186 district as if it were within the urban service district and the
187 owner of a parcel of land that is the subject of an application
188 for an amendment shall have 180 days following the date that the
189 local government receives a complete application to negotiate in
190 good faith to reach consensus on the land uses and intensities
191 of use that are consistent with the uses and intensities of use
192 of the industrial, commercial, or residential areas that
193 surround the parcel. Within 30 days after the local government’s
194 receipt of such an application, the local government and owner
195 must agree in writing to a schedule for information submittal,
196 public hearings, negotiations, and final action on the
197 amendment, which schedule may thereafter be altered only with
198 the written consent of the local government and the owner.
199 Compliance with the schedule in the written agreement
200 constitutes good faith negotiations for purposes of paragraph
201 (c).
202 (b) Upon conclusion of good faith negotiations under
203 paragraph (a), regardless of whether the local government and
204 owner reach consensus on the land uses and intensities of use
205 that are consistent with the uses and intensities of use of the
206 industrial, commercial, or residential areas that surround the
207 parcel, the amendment must be transmitted to the state land
208 planning agency for review pursuant to s. 163.3184. If the local
209 government fails to transmit the amendment within 180 days after
210 receipt of a complete application, the amendment must be
211 immediately transferred to the state land planning agency for
212 such review. A plan amendment transmitted to the state land
213 planning agency submitted under this subsection is presumed not
214 to be urban sprawl as defined in s. 163.3164. This presumption
215 may be rebutted by clear and convincing evidence.
216 (c) If the owner fails to negotiate in good faith, a plan
217 amendment submitted under this subsection is not entitled to the
218 rebuttable presumption under this subsection in the negotiation
219 and amendment process.
220 (d) Nothing within this subsection relating to agricultural
221 enclaves shall preempt or replace any protection currently
222 existing for any property located within the boundaries of the
223 following areas:
224 1. The Wekiva Study Area, as described in s. 369.316; or
225 2. The Everglades Protection Area, as defined in s.
226 373.4592(2).
227 (5) PRODUCTION OF ETHANOL.—For the purposes of this
228 section, the production of ethanol from plants and plant
229 products as defined in s. 581.011 by fermentation, distillation,
230 and drying is not chemical manufacturing or chemical refining.
231 This subsection is remedial and clarifying in nature and applies
232 retroactively to any law, regulation, or ordinance or any
233 interpretation thereof.
234 Section 3. Subsections (4) and (9) of section 163.3164,
235 Florida Statutes, are amended to read:
236 163.3164 Community Planning Act; definitions.—As used in
237 this act:
238 (4) “Agricultural enclave” means an unincorporated,
239 undeveloped parcel or parcels that:
240 (a) Are Is owned or controlled by a single person or
241 entity;
242 (b) Have Has been in continuous use for bona fide
243 agricultural purposes, as defined by s. 193.461, for a period of
244 5 years before prior to the date of any comprehensive plan
245 amendment or development application;
246 (c)1. Are Is surrounded on at least 75 percent of their its
247 perimeter by:
248 a.1. A parcel or parcels Property that have has existing
249 industrial, commercial, or residential development; or
250 b.2. A parcel or parcels Property that the local government
251 has designated, in the local government’s comprehensive plan,
252 zoning map, and future land use map, as land that is to be
253 developed for industrial, commercial, or residential purposes,
254 and at least 75 percent of such parcel or parcels are property
255 is existing industrial, commercial, or residential development;
256 2. Do not exceed 700 acres and are surrounded on at least
257 50 percent of their perimeter by a parcel or parcels that the
258 local government has designated in the local government’s
259 comprehensive plan and future land use map as land that is to be
260 developed for industrial, commercial, or residential purposes;
261 and the parcel or parcels are surrounded on at least 50 percent
262 of their perimeter by a parcel or parcels within an urban
263 service district, area, or line; or
264 3. Were located within the boundary of a rural study area
265 adopted in the local government’s comprehensive plan as of
266 January 1, 2025, which was intended to be developed with
267 residential uses at a density of at least one dwelling unit per
268 acre and was surrounded on at least 50 percent of the study
269 area’s perimeter in the local government’s jurisdiction by a
270 parcel or parcels that either are designated in the local
271 government’s comprehensive plan and future land use map as land
272 that can be developed for industrial, commercial, or residential
273 purposes or which has been developed with industrial,
274 commercial, or residential uses;
275 (d) Have Has public services, including water, wastewater,
276 transportation, schools, and recreation facilities, available or
277 such public services are scheduled in the capital improvement
278 element to be provided by the local government or can be
279 provided by an alternative provider of local government
280 infrastructure in order to ensure consistency with applicable
281 concurrency provisions of s. 163.3180, or the applicant offers
282 to enter into a binding agreement to pay for, construct, or
283 contribute land for its proportionate share of such
284 improvements; and
285 (e) Do Does not exceed 1,280 acres; however, if the parcel
286 or parcels are property is surrounded by existing or authorized
287 residential development that will result in a density at
288 buildout of at least 1,000 residents per square mile, then the
289 area must shall be determined to be urban and the parcel or
290 parcels may not exceed 4,480 acres.
291
292 Where a right-of-way, body of water, or canal exists along the
293 perimeter of a parcel, the perimeter calculations of the
294 agricultural enclave must be based on the parcel or parcels
295 across the right-of-way, body of water, or canal.
296 (9) “Compatibility” means a condition in which land uses or
297 conditions can coexist in relative proximity to each other in a
298 stable fashion over time such that no use or condition is unduly
299 negatively impacted directly or indirectly by another use or
300 condition. All residential land use categories, residential
301 zoning categories, and housing types are compatible with each
302 other.
303 Section 4. Paragraphs (b) and (e) of subsection (8) of
304 section 163.3167, Florida Statutes, are amended to read:
305 163.3167 Scope of act.—
306 (8)
307 (b) An initiative or referendum process in regard to any
308 land development regulation is prohibited. For purposes of this
309 paragraph, the term “land development regulation” includes any
310 code, ordinance, rule, or charter provision that regulates or
311 otherwise affects the use of land, including, but not limited
312 to, density regulations; municipal boundary lines, except as
313 specified in s. 171.044; and any regulation that could otherwise
314 be accomplished or affected through the comprehensive planning
315 process.
316 (e) It is the intent of the Legislature that initiative and
317 referendum be prohibited in regard to any development order or
318 land development regulation. It is the intent of the Legislature
319 that initiative and referendum be prohibited in regard to any
320 local comprehensive plan amendment or map amendment, except as
321 specifically and narrowly allowed by paragraph (c). Therefore,
322 the prohibition on initiative and referendum imposed under this
323 subsection stated in paragraphs (a) and (c) is remedial in
324 nature and applies retroactively to any initiative or referendum
325 process commenced after June 1, 2011, and any such initiative or
326 referendum process commenced or completed thereafter is deemed
327 null and void and of no legal force and effect.
328 Section 5. Paragraph (f) of subsection (1) and subsection
329 (2) of section 163.3177, Florida Statutes, are amended to read:
330 163.3177 Required and optional elements of comprehensive
331 plan; studies and surveys.—
332 (1) The comprehensive plan shall provide the principles,
333 guidelines, standards, and strategies for the orderly and
334 balanced future economic, social, physical, environmental, and
335 fiscal development of the area that reflects community
336 commitments to implement the plan and its elements. These
337 principles and strategies shall guide future decisions in a
338 consistent manner and shall contain programs and activities to
339 ensure comprehensive plans are implemented. The sections of the
340 comprehensive plan containing the principles and strategies,
341 generally provided as goals, objectives, and policies, shall
342 describe how the local government’s programs, activities, and
343 land development regulations will be initiated, modified, or
344 continued to implement the comprehensive plan in a consistent
345 manner. It is not the intent of this part to require the
346 inclusion of implementing regulations in the comprehensive plan
347 but rather to require identification of those programs,
348 activities, and land development regulations that will be part
349 of the strategy for implementing the comprehensive plan and the
350 principles that describe how the programs, activities, and land
351 development regulations will be carried out. The plan shall
352 establish meaningful and predictable standards for the use and
353 development of land and provide meaningful guidelines for the
354 content of more detailed land development and use regulations.
355 (f) All mandatory and optional elements of the
356 comprehensive plan and plan amendments shall be based upon
357 relevant and appropriate data and an analysis by the local
358 government that may include, but not be limited to, surveys,
359 studies, community goals and vision, and other data available at
360 the time of adoption of the comprehensive plan or plan
361 amendment. To be based on data means to react to it in an
362 appropriate way and to the extent necessary indicated by the
363 data available on that particular subject at the time of
364 adoption of the plan or plan amendment at issue.
365 1. Surveys, studies, and data utilized in the preparation
366 of the comprehensive plan may not be deemed a part of the
367 comprehensive plan unless adopted as a part of it. Copies of
368 such studies, surveys, data, and supporting documents for
369 proposed plans and plan amendments shall be made available for
370 public inspection, and copies of such plans shall be made
371 available to the public upon payment of reasonable charges for
372 reproduction. Support data or summaries are not subject to the
373 compliance review process, but the comprehensive plan must be
374 clearly based on appropriate data. Support data or summaries may
375 be used to aid in the determination of compliance and
376 consistency.
377 2. Data must be taken from professionally accepted sources.
378 The application of a methodology utilized in data collection or
379 whether a particular methodology is professionally accepted may
380 be evaluated. However, the evaluation may not include, and a
381 comprehensive plan may not mandate, whether one accepted
382 methodology is better than another. Original data collection by
383 local governments is not required. However, local governments
384 may use original data so long as methodologies are
385 professionally accepted.
386 3. The comprehensive plan shall be based upon permanent and
387 seasonal population estimates and projections, which shall
388 either be those published by the Office of Economic and
389 Demographic Research or generated by the local government based
390 upon a professionally acceptable methodology. The plan must be
391 based on at least the minimum amount of land required to
392 accommodate the medium projections as published by the Office of
393 Economic and Demographic Research for at least a 10-year
394 planning period unless otherwise limited under s. 380.05,
395 including related rules of the Administration Commission. Absent
396 physical limitations on population growth, population
397 projections for each municipality, and the unincorporated area
398 within a county must, at a minimum, be reflective of each area’s
399 proportional share of the total county population and the total
400 county population growth.
401 (2) Coordination of the required and optional several
402 elements of the local comprehensive plan must shall be a major
403 objective of the planning process. The required and optional
404 several elements of the comprehensive plan must shall be
405 consistent. Optional elements of the comprehensive plan may not
406 contain policies that restrict the density or intensity
407 established in the future land use element. Where data is
408 relevant to required and optional several elements, consistent
409 data must shall be used, including population estimates and
410 projections unless alternative data can be justified by an
411 applicant for a plan amendment through new supporting data and
412 analysis. Each map depicting future conditions must reflect the
413 principles, guidelines, and standards within all elements, and
414 each such map must be contained within the comprehensive plan.
415 Section 6. Present paragraphs (a) and (b) of subsection (3)
416 of section 163.31801, Florida Statutes, are redesignated as
417 paragraphs (b) and (c), respectively, a new paragraph (a) is
418 added to that subsection, and paragraph (g) of subsection (6) of
419 that section is republished, to read:
420 163.31801 Impact fees; short title; intent; minimum
421 requirements; audits; challenges.—
422 (3) For purposes of this section, the term:
423 (a) “Extraordinary circumstance” means:
424 1. For a county, that the permanent population estimate
425 determined for the county by the University of Florida Bureau of
426 Economic and Business Research is at least 1.25 times the 5-year
427 high-series population projection for the county as published by
428 the University of Florida Bureau of Economic and Business
429 Research immediately before the year of the population estimate;
430 or
431 2. For a municipality, that the municipality is located
432 within a county with such a permanent population estimate and
433 the municipality demonstrates that it has maintained a
434 proportionate share of the county’s population growth during the
435 preceding 5-year period.
436 (6) A local government, school district, or special
437 district may increase an impact fee only as provided in this
438 subsection.
439 (g) A local government, school district, or special
440 district may increase an impact fee rate beyond the phase-in
441 limitations established under paragraph (b), paragraph (c),
442 paragraph (d), or paragraph (e) by establishing the need for
443 such increase in full compliance with the requirements of
444 subsection (4), provided the following criteria are met:
445 1. A demonstrated-need study justifying any increase in
446 excess of those authorized in paragraph (b), paragraph (c),
447 paragraph (d), or paragraph (e) has been completed within the 12
448 months before the adoption of the impact fee increase and
449 expressly demonstrates the extraordinary circumstances
450 necessitating the need to exceed the phase-in limitations.
451 2. The local government jurisdiction has held not less than
452 two publicly noticed workshops dedicated to the extraordinary
453 circumstances necessitating the need to exceed the phase-in
454 limitations set forth in paragraph (b), paragraph (c), paragraph
455 (d), or paragraph (e).
456 3. The impact fee increase ordinance is approved by at
457 least a two-thirds vote of the governing body.
458 Section 7. Subsection (3) and paragraph (a) of subsection
459 (11) of section 163.3184, Florida Statutes, are amended, and
460 subsection (14) is added to that section, to read:
461 163.3184 Process for adoption of comprehensive plan or plan
462 amendment.—
463 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
464 COMPREHENSIVE PLAN AMENDMENTS.—
465 (a) The process for amending a comprehensive plan described
466 in this subsection shall apply to all amendments except as
467 provided in paragraphs (2)(b) and (c) and shall be applicable
468 statewide.
469 (b)1. If a plan amendment or amendments are adopted, the
470 local government, after the initial public hearing held pursuant
471 to subsection (11), must shall transmit, within 10 working days
472 after the date of adoption, the amendment or amendments and
473 appropriate supporting data and analyses to the reviewing
474 agencies. The local governing body must shall also transmit a
475 copy of the amendments and supporting data and analyses to any
476 other local government or governmental agency that has filed a
477 written request with the governing body.
478 2. The reviewing agencies and any other local government or
479 governmental agency specified in subparagraph 1. may provide
480 comments regarding the amendment or amendments to the local
481 government. State agencies shall only comment on important state
482 resources and facilities that will be adversely impacted by the
483 amendment if adopted. Comments provided by state agencies shall
484 state with specificity how the plan amendment will adversely
485 impact an important state resource or facility and shall
486 identify measures the local government may take to eliminate,
487 reduce, or mitigate the adverse impacts. Such comments, if not
488 resolved, may result in a challenge by the state land planning
489 agency to the plan amendment. Agencies and local governments
490 must transmit their comments to the affected local government
491 such that they are received by the local government not later
492 than 30 days after the date on which the agency or government
493 received the amendment or amendments. Reviewing agencies shall
494 also send a copy of their comments to the state land planning
495 agency.
496 3. Comments to the local government from a regional
497 planning council, county, or municipality shall be limited as
498 follows:
499 a. The regional planning council review and comments shall
500 be limited to adverse effects on regional resources or
501 facilities identified in the strategic regional policy plan and
502 extrajurisdictional impacts that would be inconsistent with the
503 comprehensive plan of any affected local government within the
504 region. A regional planning council may not review and comment
505 on a proposed comprehensive plan amendment prepared by such
506 council unless the plan amendment has been changed by the local
507 government subsequent to the preparation of the plan amendment
508 by the regional planning council.
509 b. County comments shall be in the context of the
510 relationship and effect of the proposed plan amendments on the
511 county plan.
512 c. Municipal comments shall be in the context of the
513 relationship and effect of the proposed plan amendments on the
514 municipal plan.
515 d. Military installation comments shall be provided in
516 accordance with s. 163.3175.
517 4. Comments to the local government from state agencies
518 shall be limited to the following subjects as they relate to
519 important state resources and facilities that will be adversely
520 impacted by the amendment if adopted:
521 a. The Department of Environmental Protection shall limit
522 its comments to the subjects of air and water pollution;
523 wetlands and other surface waters of the state; federal and
524 state-owned lands and interest in lands, including state parks,
525 greenways and trails, and conservation easements; solid waste;
526 water and wastewater treatment; and the Everglades ecosystem
527 restoration.
528 b. The Department of State shall limit its comments to the
529 subjects of historic and archaeological resources.
530 c. The Department of Transportation shall limit its
531 comments to issues within the agency’s jurisdiction as it
532 relates to transportation resources and facilities of state
533 importance.
534 d. The Fish and Wildlife Conservation Commission shall
535 limit its comments to subjects relating to fish and wildlife
536 habitat and listed species and their habitat.
537 e. The Department of Agriculture and Consumer Services
538 shall limit its comments to the subjects of agriculture,
539 forestry, and aquaculture issues.
540 f. The Department of Education shall limit its comments to
541 the subject of public school facilities.
542 g. The appropriate water management district shall limit
543 its comments to flood protection and floodplain management,
544 wetlands and other surface waters, and regional water supply.
545 h. The state land planning agency shall limit its comments
546 to important state resources and facilities outside the
547 jurisdiction of other commenting state agencies and may include
548 comments on countervailing planning policies and objectives
549 served by the plan amendment that should be balanced against
550 potential adverse impacts to important state resources and
551 facilities.
552 (c)1. The local government shall hold a second public
553 hearing, which shall be a hearing on whether to adopt one or
554 more comprehensive plan amendments pursuant to subsection (11).
555 If the local government fails, within 180 days after receipt of
556 agency comments, to hold the second public hearing, and to adopt
557 the comprehensive plan amendments, the amendments are deemed
558 withdrawn unless extended by agreement with notice to the state
559 land planning agency and any affected person that provided
560 comments on the amendment. The local government is in compliance
561 if the second public hearing is held within the 180-day period
562 after receipt of agency comments, even if the amendments are
563 approved at a subsequent hearing. The 180-day limitation does
564 not apply to amendments processed pursuant to s. 380.06.
565 2. All comprehensive plan amendments adopted by the
566 governing body, along with the supporting data and analysis,
567 shall be transmitted within 10 working days after the final
568 adoption hearing to the state land planning agency and any other
569 agency or local government that provided timely comments under
570 subparagraph (b)2. If the local government fails to transmit the
571 comprehensive plan amendments within 10 working days after the
572 final adoption hearing, the amendments are deemed withdrawn.
573 3. The state land planning agency shall notify the local
574 government of any deficiencies within 5 working days after
575 receipt of an amendment package. For purposes of completeness,
576 an amendment shall be deemed complete if it contains a full,
577 executed copy of:
578 a. The adoption ordinance or ordinances;
579 b. In the case of a text amendment, the amended language in
580 legislative format with new words inserted in the text
581 underlined, and words deleted stricken with hyphens;
582 c. In the case of a future land use map amendment, the
583 future land use map clearly depicting the parcel, its existing
584 future land use designation, and its adopted designation; and
585 d. Any data and analyses the local government deems
586 appropriate.
587 4. An amendment adopted under this paragraph does not
588 become effective until 31 days after the state land planning
589 agency notifies the local government that the plan amendment
590 package is complete. If timely challenged, an amendment does not
591 become effective until the state land planning agency or the
592 Administration Commission enters a final order determining the
593 adopted amendment to be in compliance.
594 (11) PUBLIC HEARINGS.—
595 (a) The procedure for transmittal of a complete proposed
596 comprehensive plan or plan amendment pursuant to subparagraph
597 (3)(b)1. and paragraph (4)(b) and for adoption of a
598 comprehensive plan or plan amendment pursuant to subparagraphs
599 (3)(c)1. and (4)(e)1. must shall be by affirmative vote of not
600 less than a majority of the members of the governing body
601 present at the hearing. The adoption of a comprehensive plan or
602 plan amendment must shall be by ordinance approved by
603 affirmative vote of a majority of the members of the governing
604 body present at the hearing, except that the adoption of a
605 comprehensive plan or plan amendment must be by affirmative vote
606 of a supermajority of the members of the governing body if it
607 includes a future land use category amendment for a parcel or
608 parcels of land which is less dense or intense or includes more
609 restrictive or burdensome procedures concerning development,
610 including, but not limited to, the review, approval, or issuance
611 of a site plan, development permit, or development order. For
612 the purposes of transmitting or adopting a comprehensive plan or
613 plan amendment, the notice requirements in chapters 125 and 166
614 are superseded by this subsection, except as provided in this
615 part.
616 (14) REVIEW OF APPLICATION.—An owner of real property
617 subject to a comprehensive plan amendment or a person applying
618 for a comprehensive plan amendment that is not adopted by the
619 local government or who is not provided the opportunity for a
620 hearing within 180 days after the filing of the application may
621 file a civil action for declaratory, injunctive, or other
622 relief, which must be reviewed de novo. The local government has
623 the burden of proving by a preponderance of the evidence that
624 the application is inconsistent with the local government’s
625 comprehensive plan and that the existing comprehensive plan is
626 in compliance and supported by relevant and appropriate data and
627 analysis. The court may not use a deferential standard for the
628 benefit of the local government. Before initiating such an
629 action, the owner or applicant may use the dispute resolution
630 procedures under s. 70.45. This subsection applies to
631 comprehensive plan amendments under review or filed on or after
632 July 1, 2025.
633 Section 8. Paragraph (b) of subsection (2) and subsection
634 (3) of section 163.3206, Florida Statutes, are amended to read:
635 163.3206 Fuel terminals.—
636 (2) As used in this section, the term:
637 (b) “Fuel terminal” means a storage and distribution
638 facility for fuel, supplied by pipeline or marine vessel, which
639 has the capacity to receive, and store, or deploy a bulk
640 transfer of fuel, is equipped with a loading rack through
641 equipment that which fuel is physically transfers the fuel
642 transferred into tanker trucks, or rail cars, marine vessels, or
643 marine barges, and is registered with the Internal Revenue
644 Service as a terminal. The term also includes any adjacent
645 submerged lands or waters used by marine vessels or marine
646 barges for loading and offloading fuel.
647 (3) After July 1, 2014, a local government may not amend
648 its comprehensive plan, land use map, zoning districts, or land
649 development regulations in a manner that would conflict with a
650 fuel terminal’s classification as a permitted and allowable use,
651 including, but not limited to, an amendment that causes a fuel
652 terminal to be a nonconforming use, structure, or development.
653 This subsection does not apply if the fuel terminal’s owner
654 notifies the local government that the owner intends to
655 decommission the fuel terminal.
656 Section 9. Subsection (8) is added to section 166.033,
657 Florida Statutes, to read:
658 166.033 Development permits and orders.—
659 (8) A municipality may not as a condition of processing or
660 issuing a development permit or development order require an
661 applicant to install a work of art, pay a fee for a work of art,
662 or reimburse the municipality for any costs that the
663 municipality may incur related to a work of art.
664 Section 10. Subsection (4) of section 171.044, Florida
665 Statutes, is amended, and subsection (7) is added to that
666 section, to read:
667 171.044 Voluntary annexation.—
668 (4) The method of annexation provided by this section shall
669 be supplemental to any other procedure provided by general or
670 special law, except that this section does shall not apply to
671 municipalities in counties with charters which provide for an
672 exclusive method of municipal annexation. An exclusive method of
673 voluntary annexation may not affect the powers granted to a
674 municipality in s. 171.062 to assume control over the land use
675 plan of the annexed area or prevent a municipality from
676 exercising the municipal power to ratify a voluntary annexation.
677 (7) It is the intent of the Legislature that the powers
678 granted to municipalities to assume control over the land use of
679 an annexed area be preserved. Therefore, the prohibition on
680 affecting the powers granted to municipalities in s. 171.062
681 under subsection (4) is remedial in nature and applies
682 retroactively to any exclusive method of voluntary annexation
683 which was placed into effect after June 1, 2011. An exclusive
684 method of voluntary annexation placed into effect thereafter
685 which violates such prohibition is void. An exclusive method of
686 voluntary annexation which requires approval from a county
687 government to complete the annexation violates such prohibition
688 and is void.
689 Section 11. Subsection (2) of section 171.062, Florida
690 Statutes, is amended, and subsections (6) and (7) are added to
691 that section, to read:
692 171.062 Effects of annexations or contractions.—
693 (2) If the area annexed was subject to a county land use
694 plan and county zoning or subdivision regulations, these
695 regulations remain in full force and effect until the
696 municipality adopts a comprehensive plan amendment that includes
697 the annexed area. This assumption of land use regulation by the
698 municipality is a power of a municipality as contemplated in s.
699 4, Art. VIII of the State Constitution.
700 (6) This section applies to all counties and
701 municipalities, including municipalities in counties with
702 charters that provide for an exclusive method of voluntary
703 annexation.
704 (7) It is the intent of the Legislature that the powers
705 granted to municipalities to assume control over the land use of
706 an annexed area be preserved. Therefore, this section is
707 remedial in nature and applies retroactively to any exclusive
708 method of voluntary annexation which was placed into effect
709 after June 1, 2011, and any such method placed into effect
710 thereafter which limits or otherwise infringes upon the power
711 granted to municipalities is void.
712 Section 12. Section 177.071, Florida Statutes, is amended
713 to read:
714 177.071 Approval of plat by governing bodies.—
715 (1) The approving agency, which may include a board, a
716 committee, an employee, or a consultant engaged as agent for the
717 jurisdiction, as provided by land development regulations, shall
718 administer plat submittals for the governing body and, within 45
719 days after receipt of a plat submittal, must recommend approval
720 if the plat meets the requirements of s. 177.091 or, if the plat
721 does not meet the requirements of s. 177.091, provide a set of
722 written comments to the applicant specifying the areas of
723 noncompliance. An applicant may resubmit a plat in response to
724 such written comments. An applicant may request final
725 administrative review of a plat submittal after responding to
726 two sets of written comments provided by the approving agency.
727 (2) Upon issuance of a recommendation of approval of a plat
728 by the approving agency or upon request of an applicant in
729 accordance with subsection (1), the governing body shall at its
730 next regularly scheduled meeting grant final administrative
731 approval of the plat Before a plat is offered for recording
732 unless the governing body determines that the approving agency
733 erred in determining that the plat meets the requirements of s.
734 177.091 or determines that the approving agency correctly
735 determined that the plat does not meet the requirements of s.
736 177.091., it must be approved by the appropriate governing body,
737 and Evidence of such final administrative approval must be
738 placed on the plat. If not approved, the governing body must
739 return the plat to the professional surveyor and mapper or the
740 legal entity offering the plat for recordation in accordance
741 with the requirements of s. 177.091. The governing body shall
742 grant final administrative approval at its next regularly
743 scheduled meeting following resubmittal of the plat by the
744 applicant. For the purposes of this part:
745 (a) When the plat to be submitted for approval is located
746 wholly within the boundaries of a municipality, the governing
747 body of the municipality has exclusive jurisdiction to approve
748 the plat.
749 (b) When a plat lies wholly within the unincorporated areas
750 of a county, the governing body of the county has exclusive
751 jurisdiction to approve the plat.
752 (c) When a plat lies within the boundaries of more than one
753 governing body, two plats must be prepared and each governing
754 body has exclusive jurisdiction to approve the plat within its
755 boundaries, unless the governing bodies having said jurisdiction
756 agree that one plat is mutually acceptable.
757 (3)(2) Any provision in a county charter, or in an
758 ordinance of any charter county or consolidated government
759 chartered under s. 6(e), Art. VIII of the State Constitution,
760 which provision is inconsistent with anything contained in this
761 section shall prevail in such charter county or consolidated
762 government to the extent of any such inconsistency.
763 Section 13. Subsections (1), (8), and (10) of section
764 720.301, Florida Statutes, are amended to read:
765 720.301 Definitions.—As used in this chapter, the term:
766 (1) “Assessment” or “amenity fee” means a sum or sums of
767 money payable to the association, to the developer or other
768 owner of common areas, or to recreational facilities and other
769 properties serving the parcels by the owners of one or more
770 parcels as authorized in the governing documents, which if not
771 paid by the owner of a parcel, can result in a lien against the
772 parcel by the association. The term does not include amenity
773 dues, amenity expenses, or amenity fees as those terms are
774 defined in s. 720.408.
775 (8)(a) “Governing documents” means:
776 1.(a) The recorded declaration of covenants for a community
777 and all duly adopted and recorded amendments, supplements, and
778 recorded exhibits thereto; and
779 2.(b) The articles of incorporation and bylaws of the
780 homeowners’ association and any duly adopted amendments thereto.
781 (b) Consistent with s. 720.302(3)(b), recreational
782 covenants respecting privately owned recreational amenities as
783 set forth in part IV of this chapter are not governing documents
784 of an association, even if such recreational covenants are
785 attached as exhibits to a declaration of covenants for an
786 association. This paragraph is remedial in nature and intended
787 to clarify existing law.
788 (10) “Member” means a member of an association, and may
789 include, but is not limited to, a parcel owner or an association
790 representing parcel owners or a combination thereof, and
791 includes any person or entity obligated by the governing
792 documents to pay an assessment to the association or an amenity
793 fee.
794 Section 14. Subsection (3) of section 720.302, Florida
795 Statutes, is amended to read:
796 720.302 Purposes, scope, and application.—
797 (3) This chapter does not apply to:
798 (a) A community that is composed of property primarily
799 intended for commercial, industrial, or other nonresidential
800 use; or
801 (b) The commercial or industrial parcels or privately owned
802 recreational amenities in a community that contains both
803 residential parcels and parcels intended for commercial or
804 industrial use, except that privately owned recreational
805 amenities are subject to and governed by part IV of this
806 chapter.
807 Section 15. Section 720.3086, Florida Statutes, is amended
808 to read:
809 720.3086 Financial report.—In a residential subdivision in
810 which the owners of lots or parcels must pay mandatory
811 maintenance or amenity fees to the subdivision developer or to
812 the owners of the common areas, recreational facilities, and
813 other properties serving the lots or parcels, the developer or
814 owner of such areas, facilities, or properties shall make
815 public, within 60 days following the end of each fiscal year, a
816 complete financial report of the actual, total receipts of
817 mandatory maintenance or amenity fees received by it, and an
818 itemized listing of the expenditures made by it from such fees,
819 for that year. Such report must shall be made public by mailing
820 it to each lot or parcel owner in the subdivision, by publishing
821 it in a publication regularly distributed within the
822 subdivision, or by posting it in prominent locations in the
823 subdivision. This section does not apply to amounts paid to
824 homeowner associations pursuant to chapter 617, chapter 718,
825 chapter 719, chapter 721, or chapter 723;, or to amounts paid to
826 local governmental entities, including special districts; or to
827 amounts paid to private amenity owners as defined in s.
828 720.408(4), which amounts are governed by and subject to s.
829 720.412.
830 Section 16. Part IV of chapter 720, Florida Statutes,
831 consisting of ss. 720.408-720.412, Florida Statutes, is created
832 and entitled “Recreational Covenants.”
833 Section 17. Section 720.408, Florida Statutes, is created
834 to read:
835 720.408 Definitions.—As used in ss. 720.408-720.412, the
836 term:
837 (1) “Amenity dues” means amenity expenses and amenity fees,
838 if any, in any combination, charged in accordance with a
839 recreational covenant. Amenity dues may include additional
840 components if such components are specified in the recreational
841 covenant.
842 (2) “Amenity expenses” means the costs of owning,
843 operating, managing, maintaining, and insuring privately owned
844 recreational amenities made available to parcel owners pursuant
845 to a recreational covenant, whether directly or indirectly. The
846 term includes, but is not limited to, maintenance, cleaning
847 fees, trash collection, utility charges, cable service charges,
848 legal fees, management fees, reserves, repairs, replacements,
849 refurbishments, payroll and payroll costs, insurance, working
850 capital, and ad valorem or other taxes, costs, expenses, levies,
851 and charges of any nature which may be levied or imposed
852 against, or in connection with, the privately owned recreational
853 amenities made available to parcel owners pursuant to a
854 recreational covenant. The term does not include income taxes;
855 the initial cost of construction of a privately owned
856 recreational amenity or any loan costs, loan fees, or debt
857 service of a private amenity owner related thereto; or legal
858 fees incurred by a private amenity owner in a legal action with
859 a homeowners’ association in which a final order or judgment
860 holds that the private amenity owner has committed fraud, price
861 gouging, or any other unfair business practice to the detriment
862 of the association and its members.
863 (3) “Amenity fee” means any amount, other than amenity
864 expenses, due in accordance with a recreational covenant which
865 is levied against parcel owners for recreational memberships or
866 use. An amenity fee may be composed of profit or other
867 components to be paid to a private amenity owner as provided in
868 a recreational covenant.
869 (4) “Private amenity owner” means the record title owner of
870 a privately owned recreational amenity who is responsible for
871 operation of the privately owned recreational amenity and is
872 authorized to levy amenity dues pursuant to the recreational
873 covenant. The term does not include a corporation not for profit
874 pursuant to chapter 617 or a local governmental entity,
875 including, but not limited to, a special district created
876 pursuant to chapter 189 or chapter 190.
877 (5) “Privately owned recreational amenity” means a
878 recreational facility or amenity intended for recreational use
879 or leisure activities owned by a private amenity owner and for
880 which parcel owners’ mandatory membership and use rights are
881 established pursuant to a recreational covenant. The term does
882 not include any common area or any property or facility owned by
883 a corporation not for profit pursuant to chapter 617 or a local
884 governmental entity, including, but not limited to, a special
885 district created pursuant to chapter 189 or chapter 190.
886 (6) “Recreational covenant” means a recorded covenant,
887 separate and distinct from a declaration of covenants, which
888 provides the nature and requirements of a membership in or the
889 use or purchase of privately owned recreational amenities for
890 parcel owners in one or more communities and which:
891 (a) Is recorded in the public records of the county in
892 which the property encumbered thereby is located;
893 (b) Contains information regarding the amenity dues that
894 may be imposed on members and other persons permitted to use the
895 privately owned recreational amenity and remedies that the
896 private amenity owner or other third party may have upon
897 nonpayment of such amenity fees; and
898 (c) Requires mandatory membership or mandatory payment of
899 amenity dues by some or all of the parcel owners in a community.
900 Section 18. Section 720.409, Florida Statutes, is created
901 to read:
902 720.409 Recreational covenants.—
903 (1) LEGISLATIVE FINDINGS.—The Legislature finds that:
904 (a) Recreational covenants are widely used throughout this
905 state as a mechanism to provide enhanced recreational amenities
906 to communities, but such recreational covenants are largely
907 unregulated.
908 (b) There exists a need to develop certain protections in
909 favor of parcel owners while encouraging the economic benefit of
910 the development and availability of privately owned recreational
911 amenities and a flexible means for private amenity owners to
912 operate such privately owned recreational amenities pursuant to
913 recreational covenants.
914 (c) Recreational covenants fulfill a vital role in
915 providing amenities to residential communities throughout this
916 state.
917 (2) PURPOSE, SCOPE, AND APPLICATION.—
918 (a) This part is intended to provide certain protections
919 for parcel owners and give statutory recognition to the use of
920 recreational covenants. This part is further intended to respect
921 the contractual relationship and intent of the parties to real
922 property transactions that occurred before July 1, 2025, and
923 such parties’ reliance on covenants, conditions, restrictions,
924 or other interests created by those transactions.
925 (b) Parcels within a community may be subject to a
926 recreational covenant, which recreational covenant and the
927 privately owned recreational amenities governed by such
928 recreational covenant are not governed by this chapter except as
929 expressly provided in this part.
930 (c) This part does not apply to recorded covenants,
931 agreements, or other documents which are not recreational
932 covenants.
933 (d) This part applies to recreational covenants existing
934 before July 1, 2025, and to recreational covenants recorded on
935 or after July 1, 2025, and, except as otherwise expressly set
936 forth in this part, applies retroactively and prospectively to
937 all recreational covenants.
938 (e) This part does not revive or reinstate any right,
939 claim, or interest that has been fully and finally adjudicated
940 as invalid before July 1, 2025.
941 Section 19. Section 720.41, Florida Statutes, is created
942 to read:
943 720.41 Requirements for recreational covenants.—
944 (1) A recreational covenant recorded on or after July 1,
945 2025, which creates mandatory membership in a club or imposes
946 mandatory amenity dues on parcel owners must specify all of the
947 following:
948 (a) The parcels within the community which are or will be
949 subject to mandatory membership in a club or to the imposition
950 of mandatory amenity dues.
951 (b) The person responsible for owning, maintaining, and
952 operating the privately owned recreational amenity governed by
953 the recreational covenant, which may be the developer.
954 (c) The manner in which amenity dues are apportioned and
955 collected from each encumbered parcel owner, and the person
956 authorized to collect such dues. The recreational covenant must
957 specify the components of the amenity dues.
958 (d) The amount of any amenity fee included in the amenity
959 dues. If the amount of such amenity fee is not specified, the
960 recreational covenant must specify the manner in which such fee
961 is calculated.
962 (e) The manner in which amenity fees may be increased,
963 which increase may occur periodically by a fixed percentage, a
964 fixed dollar amount, or in accordance with increases in the
965 consumer price index.
966 (f) The collection rights and remedies that are available
967 for enforcing payment of amenity dues.
968 (g) A statement of whether collection rights to enforce
969 payment of amenity dues are subordinate to an association’s
970 right to collect assessments.
971 (h) A statement of whether the privately owned recreational
972 amenity is open to the public or may be used by persons who are
973 not members or parcel owners within the community.
974 (2)(a) A recreational covenant recorded before July 1,
975 2025, must be amended or supplemented to comply with the
976 requirements of paragraphs (1)(a)-(d) by July 1, 2026.
977 (b) If a recreational covenant recorded before July 1,
978 2025, does not specify the manner in which amenity fees may be
979 increased as required by paragraph (1)(e), the increase in such
980 amenity fees is limited to a maximum annual increase in an
981 amount equal to the annual increase in the Consumer Price Index
982 for All Urban Consumers, U.S. City Average, All Items.
983 (3) A recreational covenant that does not specify the
984 amount by which amenity expenses may be increased is limited to
985 a maximum annual increase of 25 percent of the amenity expenses
986 from the preceding fiscal year. This limitation does not
987 prohibit an increase in amenity expenses resulting from a
988 natural disaster, an act of God, an increase in insurance costs,
989 an increase in utility rates, an increase in supply costs, an
990 increase in labor rates, or any other circumstance outside of
991 the reasonable control of the private amenity owner or other
992 person responsible for maintaining or operating the privately
993 owned recreational amenity governed by the recreational
994 covenant.
995 (4) Beginning July 1, 2025, notwithstanding any provision
996 in a recreational covenant to the contrary, an association may
997 not be required to collect amenity dues on behalf of a private
998 amenity owner. The private amenity owner or its agent is solely
999 responsible for the collection of amenity dues.
1000 (5) The termination of a recreational covenant or the right
1001 of a private amenity owner to suspend the right of a parcel
1002 owner to use a privately owned recreational amenity may not:
1003 (a) Prohibit an owner or a tenant of a parcel from having
1004 vehicular and pedestrian ingress to and egress from the parcel;
1005 (b) Prohibit an owner or a tenant of a parcel from
1006 receiving utilities provided to the parcel by virtue of utility
1007 facilities or utility easements located within the privately
1008 owned recreational amenity; or
1009 (c) Prohibit an owner or a tenant of a parcel from having
1010 access to any mail delivery facility serving the parcel which is
1011 located within the privately owned recreational amenity.
1012 Section 20. Section 720.411, Florida Statutes, is created
1013 to read:
1014 720.411 Disclosure of recreational covenant before sale of
1015 residential parcels.—
1016 (1) Beginning October 1, 2025, each contract for the sale
1017 of a parcel which is governed by a homeowners’ association but
1018 is also subject to a recreational covenant must contain in
1019 conspicuous type a clause that substantially states:
1020
1021 DISCLOSURE SUMMARY
1022
1023 YOUR LOT, DWELLING, AND/OR PARCEL IS SUBJECT TO A
1024 RECREATIONAL COVENANT. AS A PURCHASER OF PROPERTY
1025 SUBJECT TO THE RECREATIONAL COVENANT, YOU WILL BE
1026 OBLIGATED TO PAY AMENITY DUES TO A PRIVATE AMENITY
1027 OWNER.
1028
1029 BUYER ACKNOWLEDGES ALL OF THE FOLLOWING:
1030
1031 (1) THE RECREATIONAL AMENITY GOVERNED BY THE
1032 RECREATIONAL COVENANT IS NOT A COMMON AREA OF THE
1033 HOMEOWNERS’ ASSOCIATION AND IS NOT OWNED OR CONTROLLED
1034 BY THE HOMEOWNERS’ ASSOCIATION. THE RECREATIONAL
1035 COVENANT IS NOT A GOVERNING DOCUMENT OF THE
1036 ASSOCIATION.
1037
1038 (2) CHARGES FOR AMENITY DUES WILL BE GOVERNED BY
1039 THE RECREATIONAL COVENANT. THE RECREATIONAL COVENANT
1040 CONTAINS IMPORTANT PROVISIONS AND RIGHTS AND IS OR
1041 WILL BE AVAILABLE IN THE PUBLIC RECORDS OF THE COUNTY.
1042
1043 (3) THE PARTY THAT CONTROLS THE MAINTENANCE AND
1044 OPERATION OF THE RECREATIONAL AMENITY DETERMINES THE
1045 BUDGET FOR THE OPERATION AND MAINTENANCE OF SUCH
1046 RECREATIONAL AMENITY. HOWEVER, THE PARCEL OWNERS
1047 SUBJECT TO THE RECREATIONAL COVENANT ARE STILL
1048 RESPONSIBLE FOR AMENITY DUES.
1049
1050 (4) AMENITY DUES MAY BE SUBJECT TO PERIODIC
1051 CHANGE. AMENITY DUES ARE IN ADDITION TO, AND SEPARATE
1052 AND DISTINCT FROM, ASSESSMENTS LEVIED BY THE
1053 HOMEOWNERS’ ASSOCIATION.
1054
1055 (5) FAILURE TO PAY AMENITY DUES OR OTHER CHARGES
1056 IMPOSED BY A PRIVATE AMENITY OWNER MAY RESULT IN A
1057 LIEN ON YOUR PROPERTY.
1058
1059 (6) THIRD PARTIES WHO ARE NOT MEMBERS OF THE
1060 HOMEOWNERS’ ASSOCIATION MAY HAVE THE RIGHT TO ACCESS
1061 AND USE THE RECREATIONAL AMENITY, AS DETERMINED BY THE
1062 ENTITY THAT CONTROLS SUCH RECREATIONAL AMENITY.
1063
1064 (7) MANDATORY MEMBERSHIP REQUIREMENTS OR OTHER
1065 OBLIGATIONS TO PAY AMENITY DUES CAN BE FOUND IN THE
1066 RECREATIONAL COVENANT OR OTHER RECORDED INSTRUMENT.
1067
1068 (8) THE PRIVATE AMENITY OWNER MAY HAVE THE RIGHT
1069 TO AMEND THE RECREATIONAL COVENANT WITHOUT THE
1070 APPROVAL OF MEMBERS OR PARCEL OWNERS, SUBJECT TO THE
1071 TERMS OF THE RECREATIONAL COVENANT AND SECTION 720.41,
1072 FLORIDA STATUTES.
1073
1074 (9) THE STATEMENTS CONTAINED IN THIS DISCLOSURE
1075 FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE
1076 PURCHASER, YOU SHOULD REFER TO THE RECREATIONAL
1077 COVENANTS BEFORE PURCHASE. THE RECREATIONAL COVENANT
1078 IS EITHER A MATTER OF PUBLIC RECORD AND CAN BE
1079 OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE
1080 THE PROPERTY IS LOCATED OR IS NOT RECORDED AND CAN BE
1081 OBTAINED FROM THE DEVELOPER.
1082
1083 (2) The disclosure summary required by this section must be
1084 supplied by the developer or, if the sale is by a parcel owner
1085 that is not the developer, by the parcel owner. After October 1,
1086 2025, any contract or agreement for sale must refer to and
1087 incorporate the disclosure summary and must include, in
1088 prominent language, a statement that the potential buyer should
1089 not execute the contract or agreement until they have received
1090 and read the disclosure summary required by this section.
1091 (3) After October 1, 2025, if the disclosure summary is not
1092 provided to a prospective purchaser as required by this section,
1093 the purchaser may void the contract by delivering to the seller
1094 or the seller’s agent or representative written notice canceling
1095 the contract within 3 days after receipt of the disclosure
1096 summary or before closing, whichever occurs first. This right
1097 may not be waived by the purchaser but terminates at closing.
1098 Section 21. Section 720.412, Florida Statutes, is created
1099 to read:
1100 720.412 Financial reporting.—After October 1, 2025, in a
1101 residential subdivision in which the owners of lots or parcels
1102 must pay amenity dues owed to a private amenity owner pursuant
1103 to a recreational covenant, within 60 days after the end of each
1104 fiscal year the private amenity owner must make public, and
1105 available for inspection upon written request from a parcel
1106 owner within the applicable subdivision, a complete financial
1107 report of the actual, total receipts of amenity dues received by
1108 the private amenity owner, which includes an itemized list of
1109 the expenditures made by the private amenity owner with respect
1110 to operational costs, expenses, or other cash disbursements and
1111 amounts expended with respect to the operation of the privately
1112 owned recreational amenities for that year. The party preparing
1113 the financial report must have access to the supporting
1114 documents and records pertaining to the privately owned
1115 recreational amenities and private amenity owner, including the
1116 cash disbursements and related paid invoices to determine
1117 whether expenditures were for purposes related to owning,
1118 operating, managing, maintaining, and insuring privately owned
1119 recreational amenities and whether the cash receipts were billed
1120 in accordance with the recreational covenant. The financial
1121 report must be made public to each lot or parcel owner subject
1122 to the payment of such amenity dues by publishing a notice of
1123 its availability for inspection in a publication regularly
1124 distributed within the subdivision, or by posting such a notice
1125 in a prominent location in the subdivision and in prominent
1126 locations within the privately owned recreational amenities.
1127 This section does not apply to assessments or other amounts paid
1128 to an association pursuant to chapter 617, chapter 718, chapter
1129 719, chapter 721, or chapter 723, or to amounts paid to a local
1130 governmental entity, including, but not limited to, a special
1131 district created pursuant to chapter 189 or chapter 190.
1132 Section 22. This act shall take effect July 1, 2025.