Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 822
       
       
       
       
       
       
                                Ì871556?Î871556                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2026           .                                
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       The Committee on Regulated Industries (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 25 - 156
    4  and insert:
    5  revenues of $750,000 or more and consisting of 100 or more units
    6  must contract with a community association management firm or a
    7  community association manager certified by the Community
    8  Association Managers International Certification Board as a
    9  Certified Manager of Community Associations or by the Community
   10  Associations Institute as an Association Management Specialist
   11  or a Professional Community Association Manager. Each board
   12  member or officer All board members or officers of an
   13  association that contracts with a community association manager
   14  or a community association management firm has have a duty to
   15  ensure that the community association manager or community
   16  association management firm is properly licensed and certified
   17  before entering into a contract.
   18         Section 2. Subsection (6) is added to section 718.405,
   19  Florida Statutes, to read:
   20         718.405 Multicondominiums; multicondominium associations.—
   21         (6)An association operating a multicondominium with total
   22  annual revenues of $750,000 or more and consisting of 100 or
   23  more units must contract with a community association management
   24  firm or a community association manager certified by the
   25  Community Association Managers International Certification Board
   26  as a Certified Manager of Community Associations or by the
   27  Community Associations Institute as an Association Management
   28  Specialist or a Professional Community Association Manager. The
   29  community association manager or community association
   30  management firm must possess all applicable licenses required by
   31  part VIII of chapter 468. Each board member or officer of an
   32  association that contracts with a community association manager
   33  or a community association management firm has a duty to ensure
   34  that the community association manager or community association
   35  management firm is properly licensed and certified before
   36  entering into a contract.
   37         Section 3. Paragraph (a) of subsection (1) of section
   38  719.106, Florida Statutes, is amended to read:
   39         719.106 Bylaws; cooperative ownership.—
   40         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
   41  documents shall provide for the following, and if they do not,
   42  they shall be deemed to include the following:
   43         (a) Administration.—
   44         1. The form of administration of the association shall be
   45  described, indicating the titles of the officers and board of
   46  administration and specifying the powers, duties, manner of
   47  selection and removal, and compensation, if any, of officers and
   48  board members. In the absence of such a provision, the board of
   49  administration shall be composed of five members, unless the
   50  cooperative has five or fewer units. The board shall be composed
   51  consist of not fewer than three members in cooperatives with
   52  five or fewer units that are not-for-profit corporations. In a
   53  residential cooperative association of more than 10 units, co
   54  owners of a unit may not serve as members of the board of
   55  directors at the same time unless the co-owners own more than
   56  one unit or unless there are not enough eligible candidates to
   57  fill the vacancies on the board at the time of the vacancy. In
   58  the absence of provisions to the contrary, the board of
   59  administration shall have a president, a secretary, and a
   60  treasurer, who shall perform the duties of those offices
   61  customarily performed by officers of corporations. Unless
   62  prohibited in the bylaws, the board of administration may
   63  appoint other officers and grant them those duties it deems
   64  appropriate. Unless otherwise provided in the bylaws, the
   65  officers shall serve without compensation and at the pleasure of
   66  the board. Unless otherwise provided in the bylaws, the members
   67  of the board shall serve without compensation.
   68         2. A person who has been suspended or removed by the
   69  division under this chapter, or who is delinquent in the payment
   70  of any monetary obligation due to the association, is not
   71  eligible to be a candidate for board membership and may not be
   72  listed on the ballot. A director or officer charged by
   73  information or indictment with a felony theft or embezzlement
   74  offense involving the association’s funds or property is
   75  suspended from office. The board shall fill the vacancy
   76  according to general law until the end of the period of the
   77  suspension or the end of the director’s term of office,
   78  whichever occurs first. However, if the charges are resolved
   79  without a finding of guilt or without acceptance of a plea of
   80  guilty or nolo contendere, the director or officer shall be
   81  reinstated for any remainder of his or her term of office. A
   82  member who has such criminal charges pending may not be
   83  appointed or elected to a position as a director or officer. A
   84  person who has been convicted of any felony in this state or in
   85  any United States District Court, or who has been convicted of
   86  any offense in another jurisdiction which would be considered a
   87  felony if committed in this state, is not eligible for board
   88  membership unless such felon’s civil rights have been restored
   89  for at least 5 years as of the date such person seeks election
   90  to the board. The validity of an action by the board is not
   91  affected if it is later determined that a board member is
   92  ineligible for board membership due to having been convicted of
   93  a felony.
   94         3. When a unit owner files a written inquiry by certified
   95  mail with the board of administration, the board shall respond
   96  in writing to the unit owner within 30 days of receipt of the
   97  inquiry. The board’s response shall either give a substantive
   98  response to the inquirer, notify the inquirer that a legal
   99  opinion has been requested, or notify the inquirer that advice
  100  has been requested from the division. If the board requests
  101  advice from the division, the board shall, within 10 days of its
  102  receipt of the advice, provide in writing a substantive response
  103  to the inquirer. If a legal opinion is requested, the board
  104  shall, within 60 days after the receipt of the inquiry, provide
  105  in writing a substantive response to the inquirer. The failure
  106  to provide a substantive response to the inquirer as provided
  107  herein precludes the board from recovering attorney’s fees and
  108  costs in any subsequent litigation, administrative proceeding,
  109  or arbitration arising out of the inquiry. The association may,
  110  through its board of administration, adopt reasonable rules and
  111  regulations regarding the frequency and manner of responding to
  112  the unit owners’ inquiries, one of which may be that the
  113  association is obligated to respond to only one written inquiry
  114  per unit in any given 30-day period. In such case, any
  115  additional inquiry or inquiries must be responded to in the
  116  subsequent 30-day period, or periods, as applicable.
  117         4.An association with total annual revenues of $750,000 or
  118  more and consisting of 100 or more units must contract with a
  119  community association management firm or a community association
  120  manager certified by the Community Association Managers
  121  International Certification Board as a Certified Manager of
  122  Community Associations or by the Community Associations
  123  Institute as an Association Management Specialist or a
  124  Professional Community Association Manager. The community
  125  association manager or community association management firm
  126  must possess all applicable licenses required by part VIII of
  127  chapter 468.
  128         5.Each board member or officer of an association that
  129  contracts with a community association manager or a community
  130  association management firm has a duty to ensure that the
  131  community association manager or community association
  132  management firm is properly licensed and certified before
  133  entering into a contract.
  134         Section 4. Subsection (1) of section 720.303, Florida
  135  Statutes, is amended to read:
  136         720.303 Association powers and duties; meetings of board;
  137  official records; budgets; financial reporting; association
  138  funds; recalls.—
  139         (1) POWERS AND DUTIES.—An association that operates a
  140  community as defined in s. 720.301 must be operated by an
  141  association that is a Florida corporation. After October 1,
  142  1995, the association must be incorporated and the initial
  143  governing documents must be recorded in the official records of
  144  the county in which the community is located. An association may
  145  operate more than one community. An association with total
  146  annual revenues of $750,000 or more and consisting of 100 or
  147  more parcels must contract with a community association
  148  management firm or a community association manager certified by
  149  the Community Association Managers International Certification
  150  Board as a Certified Manager of Community Associations or by the
  151  Community Associations Institute as an Association Management
  152  Specialist or a Professional Community Association Manager. The
  153  community association manager or community association firm must
  154  possess all applicable licenses required by part VIII of chapter
  155  468. The officers and directors of an association are subject to
  156  s. 617.0830 and have a fiduciary relationship to the members who
  157  are served by the association. Each officer and director of an
  158  association that contracts with a community association manager
  159  or a community association management firm has a duty to ensure
  160  that the community association manager or community association
  161  management firm is properly licensed and certified before
  162  entering into a contract. The powers
  163  
  164  ================= T I T L E  A M E N D M E N T ================
  165  And the title is amended as follows:
  166         Delete lines 5 - 11
  167  and insert:
  168         contract with a community association management firm
  169         or a community association manager certified by the
  170         Community Association Managers International
  171         Certification Board as a Certified Manager of
  172         Community Associations or by the Community
  173         Associations Institute as an Association Management
  174         Specialist or a Professional Community Association
  175         Manager; requiring the community association
  176         management firm or certified community association
  177         manager to possess all applicable licenses; providing
  178         that association board members, officers, and
  179         directors have a duty to ensure such community
  180         association management firm or community association
  181         manager is properly licensed; requiring that such
  182         community associations managers also be certified;
  183         providing an effective date.