C&M is sharing with our COA, HOA, Co-Op, Mobile Home and Timeshare Association Clients a preliminary legal update for the 2025 Florida Legislature as drafted by counsel from The Fund. C&M and its affiliated Title Agency, Community Association Title (CAT) are members and title companies affiliated with and agents for The Fund and Old Republic National Title Insurance Company.

Disclaimer: the information being distributed was compiled in early May and subject to change as the Florida Legislature is in an extended legislative session.

Florida Legislative Update 2025
A Dual Perspective

Presented By

Shannon Widman
Deputy General Counsel, The Fund
and
Trey Goldman
Legislative Counsel, Florida Realtors® 

Legislative Summaries by

Charles D. Nostra
Fund Senior Underwriting Counsel
and
Marilyn R. Israel
Fund Senior Commercial Underwriting Counsel

A very special thanks for the contributions and valued assistance in the preparation of the following bill summaries from Jalinda (Jay) Davis, Fund Senior Underwriting Counsel, Mishele Schutz, Fund Senior Commercial Underwriting Counsel, Ben Jepson, Fund Senior Underwriting Counsel, and Brian Stringer, Fund Underwriting Counsel.

CONDOMINIUM AND COOPERATIVE ASSOCIATIONS
Chapter 2025-____ (CS/CS/HB 913)
Effective July 1, 2025

House Bill 913 (2025) - The Florida Senate

This enrolled bill contains numerous provisions affecting the operations of condominium and cooperative associations in Florida. Of particular interest to real property practitioners, this bill provides:

As to Sec. 468.4334, F.S., relating to professional practice standards applicable to community association managers and community association management companies:

• Sec. 468.4334(1)(a), F.S., is revised to provide that community association managers and community association management firms may not knowingly perform any act directed by the community association if such an act violates any state or federal law;
   
• Sec. 468.4334(1)(b), F.S., is revised to require a community association manager or a community association management firm that has a contract with a community association that is subject to the milestone inspection requirements in Sec. 553.899, F.S., or the structural integrity reserve study requirements in Secs. 718.112(2)(9) and 719.106(1)(k), F.S., must comply with those sections as directed by the board; and
   
• Sec. 468.4334(1)(c) and (d), F.S., are created to require that a contract between a community association and a community association manager or community association management firm shall include a disclosure that the community association manager shall abide by all professional standards and record keeping requirements imposed pursuant to Part VIII of Ch. 468, F.S. The professional practice standards cannot be waived or limited.

As to Sec. 468.4335, F.S., concerning conflicts of interest various subsections are amended, including:

• Sec. 468.4335(1)(a), F.S., is amended to provide that a rebuttable presumption of a conflict of interest exists where a community association manager or community association management firm, its officers, relatives or persons with a financial interest in the community association management firm, propose to enter into a contract or other transaction with the association for services other than community association management services.

As to Sec. 553.899, F.S., concerning mandatory structural inspections for residential condominium and cooperative buildings, that are three stories or more in height:

• Sec. 553.899(3)(a), F.S., is revised to require the applicability of the mandatory 30- year milestone inspection to residential condominium and cooperative buildings that are "habitable";
   
• Sec. 553.899(11), F.S., is revised to require, rather than authorize, the board of county commissioners or a municipal governing body to adopt a specified ordinance requiring the commencement of repairs for substantial structural deterioration within a specified timeframe; and
   
• Secs. 553.899(12) and (13), F.S., are created to:
   
  • Require certain specified professionals who bid to perform a milestone inspection to disclose to the association in writing their intent to bid on services related to any maintenance, repair or replacement recommended by the milestone inspection;
     
  • Prohibit certain specified professionals from having any interest in or being related to any person having any interest in the firm or entity providing the association's milestone inspection unless such relationship is disclosed in writing;
     
  • Define the term "relative" and provide that a contract for services is voidable and terminates upon the association filing a written notice terminating such contract if such professionals fail to provide a written disclosure of such relationship;
     
  • Require the local enforcement agency responsible for milestone inspections to provide to the Department of Business and Professional Regulation (DBPR) specified information in an electronic format by a specified date;
     
  • Require DBPR to provide to the Office of Program Policy Analysis and Government Accountability (OPPAGA) all information obtained from the local enforcement agencies by a specified date; and
     
  • Authorize OPPAGA to request from the local enforcement agency any additional information necessary to compile and provide a report to the Florida's Legislature.

As to Ch. 718, F.S., the Condominium Act and Ch. 719, F.S., the Cooperative Act, relating to associations, bylaws, administrative matters, budget matters, structural integrity reserve study, mandatory milestone inspections, assessments and recall of board members selected amended or created statutes include:

• Secs. 718.111(16)(a) and (b), and 719.104(13)(a) and (b), F.S., are added to authorize condominium and cooperative associations, respectively, including multi-condominium associations, to invest reserve funds using best efforts to make prudent investment decisions that carefully consider risk and maximizing returns;
   
• Sec. 718.111(11)(a), F.S., is amended to clarify that every condominium association must provide adequate property insurance pursuant to subsection (11)(a) and subparagraphs 1., 2., 3., 3.a., and b., and 4., of Sec. 718.111, F.S., regardless of any requirement in the declaration of condominium for different coverage by the association;
   
• Sec. 718.103(1), FS., revises the term "alternative funding method" to allow for funding of capital expenditures and deferred maintenance obligations for all multi-condominium associations by removing the limitation that such funding method only applied to associations operating at least 25 condominiums;
   
• Secs. 718.112(2)(b)5., and (c)1., F.S., are amended to allow board meetings to be conducted by video conference, provides related requirements, and requires the Division of Condominiums, Timeshares, and Mobile Homes (Division) to adopt rules;
   
• Sec. 718.112(2)(d)1., and 2., F.S., concerning "unit owner meetings", is revised to amend subparagraph 1., and create subparagraph 2., which allows unit owner meetings to be held by video conference pursuant to certain requirements and pursuant to rules to be adopted by the Division. Subparagraph 1. is further amended to allow for electronic voting pursuant to Sec. 718.128, F.S.;
   
• Sec. 718.112(2)(e)1., F.S., is amended to allow budget meetings to be conducted by video conference;
   
• Sec. 718.112(2)(e)2.a., F.S., is amended to provide that if the proposed budget requires assessments which exceed 115 percent of the assessments for the preceding year, the board shall simultaneously propose a substitute budget that excludes any discretionary expenditures not required to be in the budget;
   
• Secs. 718.112(2)(f)2.a., 719.106(1)0)2.a., 718.112(2)(9)1., and 719.106(1)(k)1.,F.S., are amended to increase the monetary threshold from $10,000 to $25,000, with an inflation adjustment, for reserve accounts for capital expenditures, deferred maintenance expense or replacement cost and provides these items must be included in the structural integrity reserve study (SIRS).
   
• Secs. 718.112(2)(f)6., and 719.106(1)0)6., F.S., relating to the budgets of condominium and cooperative associations, respectively, are amended to require the Division to annually adjust for inflation in January of each year, the minimum $25,000 threshold amount for required reserves;
   
• Sec. 718.112(2)(f)2.a., F.S., is amended to provide that, if an association votes to terminate the condominium in accordance with Sec. 718.117, F.S., the members may vote to waive the maintenance of reserves recommended by the association's most recent SIRS;
   
• Secs. 718.112(2)(f)2.c.(I), and 719.106(1)(j)3.a.(I), F.S., are created to provide that reserves for SIRS items may be funded by regular assessments, special assessments, lines of credit, or loans. See Secs. 718.112(2)(f)2.c.(II) and (Ill), and 719.106(1)(j)3.a.(II) and (Ill), F.S., for funding requirements applicable to unit-owner controlled associations which must have a structural integrity reserve inspection, authorization to secure a line of credit or loan for capital expenses required by a milestone inspection under Sec. 553.899, F.S., other loan requirements and exceptions to the foregoing funding provisions;
   
• Sec. 718.112(2)(f)2.d., F.S., is amended to remove the requirement for approval of a majority of the members of a condominium association before the board may temporarily pause the funding of reserves or reduce the amount of reserve funding if the local building official as defined in Sec. 468.603, F.S., determines the entire condominium building is uninhabitable due to a natural emergency, as defined in Sec. 252.34, F.S.;
   
• Sec. 719.106(1)U)2.d., F.S., is created to allow cooperative associations to temporarily pause the funding of reserves or reduce the amount of reserve funding in the same manner as set forth in Sec. 718.112(2)(f)2.d., F.S.;
   
• Secs. 718.112(2)(9)4.a., and 719.106(1)(k)(4)a., F.S., are amended to require, among other things, that the SIRS, at a minimum, must include a recommendation for a reserve baseline funding plan that provides a reserve funding goal sufficient to maintain the reserve cash balance above zero. It may suggest alternative funding schedules if such funding schedules meet the association's maintenance obligations;
   
• Secs. 718.112(2)(f)2.e., and 719.106(1)0)3.b., F.S., are created to allow, with certain exceptions, the boards of condominium or cooperative associations that have completed a milestone inspection pursuant to Sec. 553.899, F.S., within the previous two calendar years, to temporarily pause, for a period of no more than two consecutive annual budgets, reserve fund contributions or reduce the amount of reserve funding for the purpose of funding repairs recommended by the milestone inspection if approved by a majority of the total voting interests of the association; and
   
• Secs. 718.112(2)(9)1., and 719.106(1)(k)1., F.S., are amended to clarify that the structural integrity reserve study is applicable to "habitable" buildings three stories or higher

As to Structural Integrity Reserve Study and Milestone Inspection:

• Secs. 718.112(2)(g)3.b., and 719.106(1)(k)3.b., F.S., are created to provide conflict of interest provisions for persons performing the SIRS and the persons performing maintenance, repair, and replacement services recommended by SIRS for condominium and cooperative associations, respectively;
   
• Secs. 718.112(2)(9)5., and 719.106(1)(k)5., F.S., are amended to provide that the SIRS requirements do not apply to four-family dwellings with three or fewer habitable stories above ground;
   
• Sec. 718.112(2)(g)7., F.S., is amended to extend the deadline for completion of a required structural integrity reserve study by associations existing on or before July 1, 2022, and controlled by unit owners other than the developer, from December 31, 2024, to December31, 2025; and
   
• Secs. 718.112(2)(9)9., and 719.106(1)(k)9., F.S., are created to allow condominium and cooperative associations that have completed a milestone inspection required by Sec. 553.899, F.S., or an inspection completed for a similar local requirement, to delay performance of a required SIRS for no more than two budget years to permit the association to focus its financial resources on completing the repair and maintenance recommendations of the milestone inspection.

Lastly, the bill revises the provision in Sec. 31 of Ch. 2024-244, Laws of Florida, to provide the amendments made to Secs. 718.103(14), 718.202(3) and 718.407(1), (2), and (6), F.S., may not apply retroactively and shall only apply to condominiums for which declarations were initially recorded on or after October 1, 2024.

MY SAFE FLORIDA CONDOMINIUM PILOT PROGRAM
CHAPTER 2025-_______ (CS/CS/HB 393)
Effective upon becoming Law

House Bill 393 (2025) - The Florida Senate

This enrolled bill amends Sec. 215.55871, F.S., relating to the My Safe Florida Condominium Pilot Program. Specifically, the bill:

• Amends the definition of "condominium" to exclude detached units on individual parcels of land;
   
• Limits participation in the pilot program to certain structures and buildings with milestone inspection and structural integrity reserve requirements;
   
• Prohibits a condominium association from applying for an inspection or grant unless the windows of the association property or condominium property are established as common elements in the declaration and the association has complied with certain inspection requirements;
   
• Reduces approval of unit owners required to approve the application for the grant from 100 percent to 75 percent of unit owners;
   
• Clarifies that the two for one grant matching must be toward the actual cost of the project;
   
• Revises the amount that may be funded for roof-related and "opening protection-related" projects, including projects related to exterior doors, garage doors, windows, and skylights;
   
• Revises the roof improvements that are eligible for funding;
   
• Requires improvements be identified in final hurricane mitigation to receive grant funds;
   
• Requires grant funds be awarded only for water intrusion mitigation devices or water intrusion mitigation improvements that will result in a mitigation credit, discount, or other rate differential; and
   
• Requires the Department of Financial Services to require mitigation improvements be made to all openings, including exterior doors, garage doors, windows, and skylights, if doing so is necessary for the building or structure to qualify for a mitigation credit, discount, or other rate differential, as a condition of awarding a grant.

FLOOD DISCLOSURES
CHAPTER 2025-_ (CS/CS/SB 948, FIRST ENGROSSED) –
Effective October 1, 2025

Senate Bill 948 (2025) - The Florida Senate

This enrolled bill creates Sec. 83.512, F.S. (residential leases), amends Sec. 723.011, F.S. (mobile home parks), amends Secs. 718.503 and 719.503, F.S., (sales or leases of condominium or cooperative, respectively) to require flood disclosures in sales contracts, and both standard residential (1 year or longer) and long-term rental agreements (defined as an unexpired term of more than 5 years), as applicable.

The required disclosure language is provided in the bill and it:

• Informs the tenant purchaser that renter's/homeowner's insurance policies do not include coverage for flood damage;
   
• Requires the landlord/developer to state whether they know of any flood damage to the dwelling unit that has occurred during their ownership;
   
• Requires the landlord/developer to state whether they have filed an insurance claim for flood damage related to the dwelling unit;
   
• Requires the landlord/developer to state whether they have received assistance for flood damage to the dwelling unit from the Federal Emergency Management Agency or other entities; and
   
• Provides remedies for failure to disclose in the event of loss.
   
• Authorizes a landlord or tenant to deliver notices electronically to the other, if the parties have voluntarily signed a specific rental agreement addendum electing electronic delivery and provided a valid email address for such purpose;
   
• Provides landlord and tenant rental agreement addendum forms which include certain terms relating to voluntariness, revocation and updates;
   
• Authorizes prospective revocation and specifies revocation effective upon delivery;
   
• Authorizes email address updates and specifies update effective upon delivery;
   
• Deems "delivery" to be at time email is sent unless returned undeliverable;
   
• Establishes record keeping requirements of sender;
   
• Indicates electronic delivery does not preclude service of notices by any other means permitted by law; and
   
• Updates notice requirements and forms relating to deposits or advance rent to include electronic delivery.

CUSTOMARY USE OF BEACHES
CHAPTER 2025-____ (CS/SB 1622)
Effective Upon Becoming Law

Senate Bill 1622 (2025) - The Florida Senate

This enrolled bill repeals Sec. 163.035, F.S., which provided statutorily for the establishment of recreational customary use of beaches. Additionally, the bill bypasses certain statutory procedures to declare the mean high-water line to be the erosion control line (ECL) in certain counties as determined by survey conducted by the Board of Trustees of the Internal Improvement Trust Fund. It also authorizes the Department of Environmental Protection to proceed with beach restoration projects for certain areas it designated as critically eroded, and provides that notwithstanding Sec. 161.141, F.S., such projects do not require public easements. The bill also declares that any additions to property seaward of the ECL which result from the restoration project remain state sovereignty lands.

PROPERTY RIGHTS (SQUATIERS)
CHAPTER 2025-_ (CS/CS/SB 322)
Effective July 1, 2025

Senate Bill 322 (2025) - The Florida Senate

This enrolled bill relates to the right to exclude others from entering or remaining on residential and commercial real property. Specifically, it creates Sec. 82.037, F.S., amends Secs. 82.036, 689.03, 806.13, and 817.0311, F.S., and reenacts Secs. 775.0837(1)(c) and 895.02(8)(a), F.S. Of note, the bill:

• Amends the statutory form Complaint to Remove Persons Unlawfully Occupying Residential Real Property;
   
• Creates a limited alternative remedy to remove unauthorized persons from commercial real property under certain conditions;
   
• Permits a property owner or his or her authorized agent to request the sheriff immediately remove unlawful occupants based upon the filing with the sheriff of a complete and verified Complaint to Remove Persons Unlawfully Occupying Commercial Real Property;
   
• Provides a form for said complaint which contains necessary representations;
   
• Requires the sheriff upon receipt of a complaint to verify the filer as the property owner or authorized agent;
   
• Requires sheriff, once filer verified, to without delay serve a notice to immediately vacate on all unlawful occupants and put the owner in possession of the real property and provides procedures therefor;
   
• Authorizes sheriff's fees and hourly rate charges;
   
• Immunizes from any liability for loss, destruction, or damage of property: the sheriff completely, and the property owner or his or her authorized agent unless removal was not in accordance with this section;
   
• Provides restoration of possession and damages as remedies for wrongful removal;
   
• Cures an incorrect statutory reference in Ch. 689, F.S.; and
   
• Extends the following crimes applicability to commercial real property: (a) Unlawfully detaining or trespassing and intentionally causing at least $1,000 in damages - second-degree felony, (b) Using a false document purporting to be a valid lease or deed -first-degree misdemeanor, and (c) Fraudulently listing for sale or renting or leasing without possessing an ownership right to or leasehold interest in the property - first-degree felony.

TIMESHARE MANAGEMENT PLAN
CHAPTER 2025-_ (CS/HB 897)
Effective July 1, 2025

House Bill 897 (2025) - The Florida Senate

This enrolled bill exempts community association managers (CAMs) and CAM firms from certain requirements and prohibitions relating to conflicts of interest if the CAM or CAM firm:

• Manages a timeshare plan governed by the Vacation Plan and Timesharing Act (Timeshare Act); and
   
• Provides certain conflict of interest disclosures under the Timeshare Act.

Further, the bill specifies that timeshare management firms and licensed CAMs that are employed by a timeshare management firm are not governed by Sec. 468.4335, F.S. but rather are governed by Secs. 468.438 and 721.13, F.S. The bill requires timeshare management firms (TMFs) and licensed CAMs, employed by a TMF to act in good faith and defines the standard of care required. It exempts TMFs and licensed CAMs from liability for monetary damages unless the TNF or CAM breached or failed to perform their duties, and the breach or failure constitutes:

• A violation of criminal law as provided in Sec. 617.0834, F.S.;
   
• A transaction from which the firm or licensed CAM derived an improper personal benefit, either directly or indirectly; or
   
• Recklessness or an act or omission that was in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

Additionally, the bill requires condominium boards to meet only once a year, unless additional board meetings are called. Lastly, the bill requires annual disclosure to the members of that owners' association by certain prescribed methods set forth in the bill if a TMF or an owners' association provides goods or services through a parent, affiliate, subsidiary, or related party.