THE FLORIDA LEGISLATIVE - 2022  

Mobile Home Tie Down Program Funding

 

FLAROC (Florida Resident Owned Communities, Inc.)   e-Newsletter  (3-14-2022)

 

The Florida Legislature has passed the bill that will extend the Mobile Home Tie Down Program until June 30, 2032, a TEN-YEAR extension! The funding authority for the program was $ 2.8 million in the budget bill.

The program, currently administered by Tallahassee Community College, has a substantial backlog of applicants. The program had no assurance of even existing beyond June 30 of this year until this bill was passed. Thanks to FLAROC’s lobbyist and your actions to communicate your support to legislator, this bill was passed unanimously in both houses. The bill will become law barring a veto by the Governor.

Effective July 1, the Program will be administered by Gulf Coast State College.  We will all work toward a smooth transition.

Our lobbyist has been working for several weeks to obtain additional funding for the Program. We are pleased to report that this year’s budget has an additional $ 7 million dedicated to the Mobile Home Tie Down Program!

This is the final budget action by the Legislature. There are no amendments permitted to the Conference Report that is the budget…so no legislator can remove it!

Senator Ed Hooper, (Palm Harbor), placed the $ 7M in the Senate budget with the approval of the Appropriations Chair, Senator Kelli Stargel, (Lakeland), and President Wilton Simpson, (Spring Hill).

At the first opportunity, the House accepted the line item and included it at their end as well.

Representative Matt Willhite, (Wellington), our bill sponsor was helpful in doing this with the approval and support of Representative Jayer Williamson, (Pace), Chair of Infrastructure & Tourism Appropriations Subcommittee, Representative Jay Trumbull, (Panama City), House Appropriations Chair, and House Speaker Chris Sprowls, (Clearwater).

But there is still work to be done. We will be working diligently to protect both the Tie Down Program legislation and the additional funding from a possible veto.

2022 Legislative Report from FLAROC lobbyist (Nancy Black Stewart) 3/21/2022

The 2022 Florida Legislative Regular Session closed on Monday, March 14. The only action taken on the 14th was to adopt the budget.

The redistricting of the State has been completed. The changes in the district boundaries mean that all 40 State Senate seats will be open at the next general election. Half of the seats will be elected for 2-year terms and half for the standard 4-year terms.

Redistricting of the US Congressional seats has been passed by the Legislature but may be challenged by the Governor or others. The Florida Supreme Court has approved the redistricting maps as required. Nonetheless, the Governor has threatened to call a special session to redraw the maps.

FLAROC continues to follow both the Mobile Home Tie Down legislation and the budget items associated with the extension of that program. We will encourage to Governor to sign these bills into law avoiding a possible veto.

It is interesting to note what the Legislature did not do.

Incredibly, the Legislature did not pass any legislation regarding mandatory reserves or the inspection of buildings for Condominiums and Cooperatives! The devastating collapse of the condominium building last year was apparently not sufficient to spur anything more that some discussion among the Legislators.

The Legislature did not pass any bills related to property insurance despite the disarray of the Florida insurance industry. Two property insurers were declared insolvent in a two-week period.

Several bills were introduced that would have amended the Cooperative Act, F.S. 719.

• SB 0394 - Revision of certification and education requirements for board directors. Died in Committee.

• HB 0547 - Companion to SB 0364. Died in Committee.

• HB 1391 - Require certain buildings to be inspected by specified architect or engineer. Died in Committee.

• HB 1393 - Revision of requirements related to reserve studies and reserve funding. Died in Committee.

• HB 7069 A comprehensive bill to revise and provide laws for condominium & cooperative associations relating to disciplinary action, official records, reserve accounts & studies, recertifications & phase 2 inspections, written recertification & phase 2 inspection reports, transfer of control of association, information that must be provided to potential buyers, & information included in prospectus or offering circular. Withdrawn indefinitely.

 

 

THE FLORIDA LEGISLATIVE - 2021  

 

Order by Bill Number - 

SB 0056

Community Association Assessment Notices by Rodriguez (A)  -  Community Association Assessment Notices; Requiring condominium associations to maintain specified affirmative acknowledgments as official records of the association; revising timeframes for foreclosure judgments; requiring condominium associations to deliver certain invoices for assessments or statements of account to unit owners in a specified manner; requiring cooperative associations to maintain specified affirmative acknowledgments as official records of the association, etc. Effective Date: 7/1/2021

SB 0602

Business Organizations by Burgess   -   Business Organizations; Revising requirements relating to inspecting certain records of limited liability companies; revising the circumstances under which shareholders are entitled to appraisal rights and certain payments; entitling corporations to prepay a shareholder if the shareholder makes a demand for payment; revising requirements for proceedings relating to unsettled demands for payment, etc. Effective Date: Approved by Governor; Chapter No. 2021-013

 

SB 0630

Community Associations by Baxley

Community Associations; Prohibiting insurance policies from providing specified rights of subrogation under certain circumstances; authorizing a condominium association to extinguish discriminatory restrictions; authorizing the board of administration of an association to take certain actions relating to electric vehicle charging stations and natural gas fuel stations; authorizing parties to initiate presuit mediation under certain circumstances; revising the allowable uses of certain escrow funds withdrawn by developers; authorizing certain developers to include reserves in the budget, etc. Effective Date: 7/1/2021

HB 0649

Petition for Objection to Assessment by Fernandez-Barquin   -  Petition for Objection to Assessment: Specifies requirements for content, delivery, & posting of certain association notices; provides that certain associations have right to seek judicial review, appeal decisions, & represent unit or parcel owners in certain proceedings; requires certain associations to defend unit or parcel owners in certain proceedings; provides that individual unit or parcel owners do not have to be named as defendants in certain proceedings; revises parties considered defendants in tax suit; provides options to unit or parcel owners for defending tax suit; specifies conditions for releasing unit or parcel owner from lis pendens related to certain actions; authorizes condominium association to take certain actions relating to challenge to ad valorem taxes. Effective Date: July 1, 2021

SB 1966

Department of Business and Professional Regulation by Diaz   -  Department of Business and Professional Regulation; Requiring that certain reports relating to the transportation or possession of cigarettes be filed with the Division of Alcoholic Beverages and Tobacco through the division’s electronic data submission system; requiring that certain entities file reports, rather than returns, relating to tobacco products with the division; exempting certain persons from specified permit requirements under certain circumstances; authorizing specified establishments to submit a request for a temporary permit, etc. Effective Date: 7/1/2021

SB 2502

Implementing the 2021-2022 General Appropriations Act by Appropriations

Implementing the 2021-2022 General Appropriations Act; Incorporating by reference certain calculations of the Florida Education Finance Program; extending for 1 fiscal year authorization for the Department of Education to provide certain appropriated funds to certain education television stations and public colleges and universities for public broadcasting; authorizing the Agency for Health Care Administration, in consultation with the Department of Health, to submit a budget amendment to realign funding for a component of the Children’s Medical Services program to reflect actual enrollment changes; extending for 1 year the exemption of certain rules pertaining to the medical use of marijuana from certain rulemaking requirements, etc. Effective Date: Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2021, or, if this act fails to become a law until after that date, it shall take effect upon becoming a law and shall operate retroactively to July 1, 2021

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THE FLORIDA LEGISLATIVE - 2020 

NEW LAW

With a new law signed by Governor DeSantis, the Florida Commission on Human Relations can continue to more efficiently serve Floridians. Legislation sponsored by Sen. Darryl Rouson and Rep. Bruce Antone removes the requirement that 55-plus retirement communities register with the commission (FCHR). The communities no longer need to register, but the commission will continue to investigate allegations of discrimination there.

 

https://fchr.myflorida.com/

 

 

Update on Senate Bill 1084:  Governor DeSantis signs into Law June 23, 2020

https://www.flsenate.gov/Session/Bill/2020/1084

6/15/2020• Signed by Officers and presented to Governor

6/23/2020• Approved by Governor

6/24/2020• Chapter No. 2020-76

Senate Bill 1084: Emotional Support Animals               GENERAL BILL by Diaz

Emotional Support Animals; Prohibiting discrimination in the rental of a dwelling to a person with a disability or a disability-related need who has an emotional support animal; prohibiting a landlord from requiring such person to pay extra compensation for such animal; prohibiting the falsification of written documentation or other misrepresentation regarding the use of an emotional support animal; specifying that a person with a disability or a disability-related need is liable for certain damage done by her or his emotional support animal, etc

Effective Date: 7/1/2020          

Last Action: 2/5/2020 Senate - On Committee agenda-- Innovation, Industry, and Technology, 02/10/20, 1:30 pm, 110 Senate Building

 

 

House Bill 49: Emotional Support Animals            GENERAL BILL by Killebrew

Emotional Support Animals; Provides individual with disability who has emotional support animal is entitled to access to housing accommodation; prohibits housing accommodation from requiring such individual to pay extra compensation; authorizes housing accommodation to request written documentation verifying individual's disability or disability-related need; specifies individual is liable for damage done by emotional support animal; prohibits falsification of written documentation or other misrepresentation; provides penalties.

Effective Date: 7/1/2020        

Last Action: 8/12/2019 House - Withdrawn prior to introduction -HJ 12

 

 

CS/CS/House Bill 209: Emotional Support Animals     GENERAL BILL by Children, Families and Seniors Subcommittee ; Civil Justice Subcommittee ; Killebrew ; (CO-INTRODUCERS) Eskamani ; Geller ; Mercado ; Polsky ; Sabatini

 

Emotional Support Animals; Prohibits discrimination in rental of dwelling to person with disability who has emotional support animal; prohibits landlord from requiring such person to pay extra compensation; authorizes landlord to request certain written documentation; prohibits falsification of written documentation or other misrepresentation; specifies person with disability is liable for damage done by emotional support animal; prohibits health care practitioner, as exclusive service to patient, from providing documentation for emotional support animal for fee.

Effective Date: 7/1/2020 

Last Action: 1/28/2020 House - On Committee agenda-- Judiciary Committee, 01/30/20, 8:00 am, Sumner Hall --Temporarily Postponed

 

 

House Bill 623: Community Associations           GENERAL BILL by Shoaf

 

Community Associations; Revises & provides requirements relating to community associations, including contracts, documents, records, assessments, fines, liens, improvements, online voting, electronic notice, & prohibited provisions to governing documents.

Effective Date: 7/1/2020
Last Action: 12/4/2019 House - On Committee agenda-- Business and Professions Subcommittee, 12/11/19, 12:30 pm, Webster Hall

https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=67797&SessionId=89

 

 

Senate Bill– 2020 SB 1154          GENERAL BILL by Baxley

Community Associations; Exempting certain property association pools from Department of Health regulations; providing that certain provisions in governing documents are void and unenforceable; revising regulations for electric vehicle charging stations; revising provisions related to a quorum and voting rights for members remotely participating in meetings, etc.

Effective Date: 7/1/2020
Last Action: 12/6/2019 Senate - Filed

https://www.flsenate.gov/Session/Bill/2020/1154/?Tab=RelatedBills

 

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2019 SUMMARY OF LEGISLATION FAILED

Our FLAROC Lobbyist, Janet Mabry, has advised that CS/CS/HB 1075, which contained FLAROC's proposed amendments to Chapter 719, the Cooperative Act, was not passed by the 2019 Florida Legislature.  We will try again next year.   Another bill of interest to community corporations, HB 0721, relating to emotional support animals, also did not pass.

 

Florida House of Representatives website links:

 

www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=65732&SessionId=87

 

CS/CS/HB 1075  General Bill by Commerce Committee and Judiciary Committee and Business & Professions Subcommittee and Rodriguez, 

 

Community Associations: Revises & provides requirements relating to community associations, including contracts, documents, records, assessments, fines, liens, improvements, online voting, & electronic notice.

 

Effective Date: July 1, 2019

 

Last Event: Died on Second Reading Calendar on Friday, May 3, 2019 11:59 PM

 

 

www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=64365&SessionId=87       

 

CS/HB 721 - Emotional Support Animals

 

General Bill by Judiciary Committee and Killebrew (CO-SPONSORS) Sabatini

Emotional Support Animals: Provides that individual with disability who has emotional support animal is entitled to access to housing accommodation; prohibits housing accommodation from requiring such individual to pay extra compensation; authorizes housing accommodation to request written documentation verifying individual's disability or disability-related need; specifies individual is liable for damage done by emotional support animal; prohibits falsification of written documentation or other misrepresentation; provides penalties.

 

Effective Date: July 1, 2019

 

Last Event: Died on Second Reading Calendar on Friday, May 3, 2019 11:59 PM

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2018 SUMMARY OF LEGISLATION PASSED

Committee on Regulated Industries

CS/CS/CS/HB 841 — Community Associations by Judiciary Committee; Civil Justice and Claims Subcommittee; Careers and Competition Subcommittee; and Rep. Moraitis and others (CS/SB 1274 by Regulated Industries Committee; and Senators Passidomo, Mayfield, and Campbell)

 

 

The bill revises requirements related to the governance and operation of condominium, cooperative, and homeowners’ associations.

 

Regarding condominium, cooperative, and homeowners’ associations, the bill revises the:

  • Notice requirements for board and owner meetings at which an assessment will be considered to require specific information in notices. 

  • Process for and membership of committees reviewing a recommended fine or suspension related to use of association property, the notice requirements associated with imposing fines and suspensions, and the time for payment of fines.

 

Regarding condominium and cooperative associations, the bill:

  • Requires the minutes of meetings and accounting records be maintained for seven years instead of one year. 

  • Makes condominium unit owners and cooperative shareholders consenting to receive association emails responsible for removing or bypassing filters blocking receipt of mass e-mails sent by an association.

 

Regarding cooperative and homeowners’ associations, the bill permits members of the board to use e-mail as a means of communication, but not to cast a vote by e-mail.

 

Regarding condominium associations, the bill: 

  • Revises the period of time specified official records must be maintained by an association.

  • Extends the deadline to post specified documents on an association’s website to January 1, 2019, from July 1, 2018.

  • Revises the information related to contracts, bids, and financial reports an association with 150 or more units must post on its website.

  • Exempts, with conditions, an association from liability for disclosure of protected or restricted information on its website.

  • Prohibits an association from waiving financial reporting requirements for two fiscal years after a failure to comply with a request by the Division of Florida Condominiums, Timeshares, and Mobile Homes (within the Department of Business and Professional Regulation) to provide an owner with a copy of the most recent financial report. 

  • Provides when the recall of a board member is effective.

  • Provides attorney’s fees and costs for a recalled board member or an association prevailing in an arbitration proceeding concerning a recall, in certain circumstances.

  • Allows a unit owner to install an electric vehicle charging station within the boundaries of the unit owner’s limited common element, with conditions.

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

CS/CS/CS/HB 841                                                                                                                 Page: 1

  • Requires a vote before substantial addition or alteration to a common element.

  • Repeals the July 1, 2018, deadline for classification as a bulk buyer, extending indefinitely the applicability of bulk buyer provisions.

 

Regarding cooperative associations, the bill:

  • Prohibits co-owners of a unit in a residential cooperative association of more than 10 units from serving simultaneously on the board, unless the co-owners own more than one unit or there are not enough eligible candidates.

  • Provides for the removal from office of an officer or director who is more than 90 days delinquent in any monetary obligation owed to the association.

  • Allows the cost of communication services, information services, or Internet services obtained under a bulk contract to be a common expense of the association.

 

Regarding homeowners’ associations, the bill:

  • Permits an association to provide electronic notices of a meeting to any member who has provided a facsimile number or e-mail address for such purpose and consented to receipt of electronic notices. 

  • Revises the process for amending governing documents to require an amendment to the governing documents contain the full text of the provision to be amended, with the new language underlined and proposed deleted language stricken with hyphens. However, an association may reference the governing documents in the event an amendment is too extensive and the inclusion of the full text with stricken and underlined text would hinder understanding of the proposed amendment.

  • Provides if an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not required pursuant to s. 720.306, F.S., or the bylaws, then write-in nominations are not permitted and such candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting.

  • Provides a clarification of existing law for the accrual of interest on unpaid assessments, and the application of payments to interest, late fees, collection costs and associated reasonable attorney fees, and the delinquent assessment, in such order of priority, controls over any restrictive endorsement, designation, or instruction placed on or accompanying a payment, including any purported accord and satisfaction (the parcel owner paid a lesser amount claiming full satisfaction of the amount due) pursuant to s. 673.3111, F.S.

If approved by the Governor, these provisions take effect July 1, 2018.

Vote:  Senate 35-1; House 100-1

 

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

CS/CS/CS/HB 841      Page: 2