H 465

F   L      O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
  CS/HB 465  2026
1A bill to be entitled
2An act relating to community association management;
3amending s. 468.432, F.S.; requiring community
4association managers and community association firms
5to obtain a specified amount of insurance separate
6from insurance provided by an association; amending s.
7468.436, F.S.; providing for the revocation of a
8community association manager's license under certain
9circumstances; barring a community association manager
10from being licensed under certain circumstances;
11amending ss. 718.111, 718.405, 719.106, and 720.303,
12F.S.; requiring certain community associations to
13contract with a community association management firm;
14requiring the community association firm to possess
15all applicable licenses; providing that association
16board members, officers, and directors have a duty to
17ensure such community association firm or community
18association manager is properly licensed; amending s.
19721.03, F.S.; providing that timeshare management
20firms and certain licensed individuals are only
21subject to certain licensing and disciplinary
22requirements; amending s. 721.13, F.S.; providing that
23timeshare management firms and certain licensed
24individuals are only subject to certain licensing and
25disciplinary requirements unless certain provisions of
  Page 1 of 12
 CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
 CS/HB 465  2026
26law expressly apply; providing that certain
27accommodations managed by a timeshare management firm
28or licensed individual are governed under specified
29provisions of law; providing for priority of
30application in case of conflict; amending s. 721.14,
31F.S.; conforming a provision to changes made by the
32act; providing an effective date.
33
34    Be It Enacted by the Legislature of the State of Florida:
35
36Section 1.  Subsection (4) is added to section 468.432,
37    Florida Statutes, to read:
38468.432       Licensure of community association managers and
39    community association management firms; exceptions.—
40(4)     Before contracting with or being employed by a
41    condominium association, cooperative association, or homeowners'
42    association, a community association manager or community
43    association management firm must obtain coverage under an errors
44    or omissions insurance policy with a minimum combined single
45    limit of $1 million, which is separate from any insurance
46    coverage provided by the association.
47Section 2.  Subsection (6) is added to section 468.436,
48    Florida Statutes, to read:
49468.436       Disciplinary proceedings.—
50(6)     If a community association manager is convicted of, or
  Page 2 of 12
     CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
 CS/HB 465  2026
51    enters a plea of guilty or nolo contendere, regardless of
52    adjudication, in any jurisdiction, to a felony of the first
53    degree, a capital felony, a felony involving money laundering,
54    or a felony involving theft or embezzlement, the department must
55    immediately revoke the community association manager's license
56    issued under this part and the community association manager is
57    permanently barred from future licensure under this part.
58Section 3.  Paragraph (g) of subsection (3) of section
59    718.111, Florida Statutes, is amended to read:
60718.111       The association.—
61(3)     POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT,
62    SUE, AND BE SUED; CONFLICT OF INTEREST.—
63(g)     If an association contracts with a community
64    association manager or a community association management firm,
65    the community association manager or community association
66    management firm must possess all applicable licenses required by
67    part VIII of chapter 468. An association with total annual
68    revenues of $750,000 or more must contract with a community
69    association management firm. Each board member or officer All
70    board members or officers of an association that contracts with
71    a community association manager or a community association
72    management firm has have a duty to ensure that the community
73    association manager or community association management firm is
74    properly licensed before entering into a contract.
75Section 4.  Subsection (6) is added to section 718.405,
  Page 3 of 12
     CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
  CS/HB 465  2026
76     Florida Statutes, to read:
77718.405       Multicondominiums; multicondominium associations.—
78(6)     An association operating a multicondominium must
79     contract with a community association management firm. The
80     community association management firm must possess all
81     applicable licenses required by part VIII of chapter 468. Each
82     board member or officer of an association that contracts with a
83     community association manager or a community association
84     management firm has a duty to ensure that the community
85     association manager or community association management firm is
86     properly licensed before entering into a contract.
87Section 5.  Paragraph (a) of subsection (1) of section
88     719.106, Florida Statutes, is amended to read:
89719.106       Bylaws; cooperative ownership.—
90(1)     MANDATORY PROVISIONS.—The bylaws or other cooperative
91     documents shall provide for the following, and if they do not,
92     they shall be deemed to include the following:
93(a)     Administration.—
941.      The form of administration of the association shall be
95     described, indicating the titles of the officers and board of
96     administration and specifying the powers, duties, manner of
97     selection and removal, and compensation, if any, of officers and
98     board members. In the absence of such a provision, the board of
99     administration shall be composed of five members, unless the
100    cooperative has five or fewer units. The board shall consist of
  Page 4 of 12
      CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
  CS/HB 465  2026
101    not fewer than three members in cooperatives with five or fewer
102    units that are not-for-profit corporations. In a residential
103    cooperative association of more than 10 units, co-owners of a
104    unit may not serve as members of the board of directors at the
105    same time unless the co-owners own more than one unit or unless
106    there are not enough eligible candidates to fill the vacancies
107    on the board at the time of the vacancy. In the absence of
108    provisions to the contrary, the board of administration shall
109    have a president, a secretary, and a treasurer, who shall
110    perform the duties of those offices customarily performed by
111    officers of corporations. Unless prohibited in the bylaws, the
112    board of administration may appoint other officers and grant
113    them those duties it deems appropriate. Unless otherwise
114    provided in the bylaws, the officers shall serve without
115    compensation and at the pleasure of the board. Unless otherwise
116    provided in the bylaws, the members of the board shall serve
117    without compensation.
1182.      A person who has been suspended or removed by the
119    division under this chapter, or who is delinquent in the payment
120    of any monetary obligation due to the association, is not
121    eligible to be a candidate for board membership and may not be
122    listed on the ballot. A director or officer charged by
123    information or indictment with a felony theft or embezzlement
124    offense involving the association's funds or property is
125    suspended from office. The board shall fill the vacancy
  Page 5 of 12
      CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
  CS/HB 465  2026
126    according to general law until the end of the period of the
127    suspension or the end of the director's term of office,
128    whichever occurs first. However, if the charges are resolved
129    without a finding of guilt or without acceptance of a plea of
130    guilty or nolo contendere, the director or officer shall be
131    reinstated for any remainder of his or her term of office. A
132    member who has such criminal charges pending may not be
133    appointed or elected to a position as a director or officer. A
134    person who has been convicted of any felony in this state or in
135    any United States District Court, or who has been convicted of
136    any offense in another jurisdiction which would be considered a
137    felony if committed in this state, is not eligible for board
138    membership unless such felon's civil rights have been restored
139    for at least 5 years as of the date such person seeks election
140    to the board. The validity of an action by the board is not
141    affected if it is later determined that a board member is
142    ineligible for board membership due to having been convicted of
143    a felony.
1443.      When a unit owner files a written inquiry by certified
145    mail with the board of administration, the board shall respond
146    in writing to the unit owner within 30 days of receipt of the
147    inquiry. The board's response shall either give a substantive
148    response to the inquirer, notify the inquirer that a legal
149    opinion has been requested, or notify the inquirer that advice
150    has been requested from the division. If the board requests
  Page 6 of 12
      CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
  CS/HB 465  2026
151    advice from the division, the board shall, within 10 days of its
152    receipt of the advice, provide in writing a substantive response
153    to the inquirer. If a legal opinion is requested, the board
154    shall, within 60 days after the receipt of the inquiry, provide
155    in writing a substantive response to the inquirer. The failure
156    to provide a substantive response to the inquirer as provided
157    herein precludes the board from recovering attorney's fees and
158    costs in any subsequent litigation, administrative proceeding,
159    or arbitration arising out of the inquiry. The association may,
160    through its board of administration, adopt reasonable rules and
161    regulations regarding the frequency and manner of responding to
162    the unit owners' inquiries, one of which may be that the
163    association is obligated to respond to only one written inquiry
164    per unit in any given 30-day period. In such case, any
165    additional inquiry or inquiries must be responded to in the
166    subsequent 30-day period, or periods, as applicable.
1674.      An association with total annual revenues of $750,000
168    or more must contract with a community association management
169    firm. The community association management firm must possess all
170    applicable licenses required by part VIII of chapter 468.
1715.      Each board member or officer of an association that
172    contracts with a  community association manager or a community
173    association management firm has a duty to ensure that the
174    community association manager or community association
175    management firm is properly licensed before entering into a
  Page 7 of 12
      CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
  CS/HB 465  2026
176    contract.
177Section 6.  Subsection (1) of section 720.303, Florida
178    Statutes, is amended to read:
179720.303       Association powers and duties; meetings of board;
180    official records; budgets; financial reporting; association
181    funds; recalls.—
182(1)     POWERS AND DUTIES.—An association that operates a
183    community as defined in s. 720.301 must be operated by an
184    association that is a Florida corporation. After October 1,
185    1995, the association must be incorporated and the initial
186    governing documents must be recorded in the official records of
187    the county in which the community is located. An association may
188    operate more than one community. An association with total
189    annual revenues of $750,000 or more must contract with a
190    community association management firm. The community association
191    management firm must possess all applicable licenses required by
192    part VIII of chapter 468. The officers and directors of an
193    association are subject to s. 617.0830 and have a fiduciary
194    relationship to the members who are served by the association.
195    Each officer and director of an association that contracts with
196    a community association manager or a community association
197    management firm has a duty to ensure that the community
198    association manager or community association management firm is
199    properly licensed before entering into a contract. The powers
200    and duties of an association include those set forth in this
  Page 8 of 12
      CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
  CS/HB 465  2026
201    chapter and, except as expressly limited or restricted in this
202    chapter, those set forth in the governing documents. After
203    control of the association is obtained by members other than the
204    developer, the association may institute, maintain, settle, or
205    appeal actions or hearings in its name on behalf of all members
206    concerning matters of common interest to the members, including,
207    but not limited to, the common areas; roof or structural
208    components of a building, or other improvements for which the
209    association is responsible; mechanical, electrical, or plumbing
210    elements serving an improvement or building for which the
211    association is responsible; representations of the developer
212    pertaining to any existing or proposed commonly used facility;
213    and protest of ad valorem taxes on commonly used facilities. The
214    association may defend actions in eminent domain or bring
215    inverse condemnation actions. Before commencing litigation
216    against any party in the name of the association involving
217    amounts in controversy in excess of $100,000, the association
218    must obtain the affirmative approval of a majority of the voting
219    interests at a meeting of the membership at which a quorum has
220    been attained. This subsection does not limit any statutory or
221    common-law right of any individual member or class of members to
222    bring any action without participation by the association. A
223    member does not have authority to act for the association by
224    virtue of being a member. An association may have more than one
225    class of members and may issue membership certificates. An
  Page 9 of 12
      CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
  CS/HB 465  2026
226    association of 15 or fewer parcel owners may enforce only the
227    requirements of those deed restrictions established prior to the
228    purchase of each parcel upon an affected parcel owner or owners.
229Section 7.  Subsection (2) of section 721.03, Florida
230    Statutes, is amended to read:
231721.03       Scope of chapter.—
232(2)(a)       When a timeshare plan is subject to both the
233    provisions of this chapter and the provisions of chapter 718 or
234    chapter 719, the plan shall meet the requirements of both
235    chapters unless exempted as provided in this section. The
236    division shall have the authority to adopt rules differentiating
237    between timeshare condominiums and nontimeshare condominiums,
238    and between timeshare cooperatives and nontimeshare
239    cooperatives, in the interpretation and implementation of
240    chapters 718 and 719, respectively. In the event of a conflict
241    between the provisions of this chapter and the provisions of
242    chapter 718 or chapter 719, the provisions of this chapter shall
243    prevail.
244(b)     A timeshare management firm, or an individual licensed
245    under part VIII of chapter 468 who is employed by a timeshare
246    management firm, is governed by this chapter and, pursuant to s.
247    721.13(13)(c)2., is only subject to the licensing and
248    disciplinary requirements of chapter 468.
249Section 8.  Paragraph (c) of subsection (13) of section
250    721.13, Florida Statutes, is amended to read:
  Page 10 of 12
      CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
  CS/HB 465  2026
251721.13        Management.—
252(13)
253(c)1.        If a timeshare management firm or an owners'
254    association provides goods or services through a parent,
255    affiliate, or subsidiary of the timeshare management firm, the
256    fact that a related party is providing goods or services must be
257    disclosed annually to the members of that owners' association in
258    any of the following ways:
259a.      As an explanatory note to the annual budget pursuant to
260    subparagraph (3)(c)1.;
261b.      In the management contract;
262c.      By mail sent to each owner's address on file for
263    providing notice;
264d.      In the notice of an annual or special meeting of the
265    owners;
266e.      By posting notice on the website of the applicable
267    timeshare plan; or
268f.      By any owner communication used by the managing entity.
2692.a.        A timeshare management firm and any individual
270    licensed under part VIII of chapter 468 employed by the
271    timeshare management firm are governed by this section and s.
272    468.438.
273b.      Unless a provision of part VIII of chapter 468 is made
274    expressly applicable to a timeshare management firm, or to an
275    individual licensed under part VIII of chapter 468 who is
  Page 11 of 12
      CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1
F   L    O   R   I   D   A     H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T   I   V   E   S
  CS/HB 465  2026
276    employed by a timeshare management firm, a timeshare management
277    firm or an individual licensee is governed by this chapter and
278    is only subject to the licensing and disciplinary requirements
279    of chapter 468.
280c.      If a timeshare management firm or an individual
281    licensee also manages other accommodations that are not part of
282    a timeshare plan, subparagraph b. does not apply to the
283    community association management of the other accommodations and
284    such accommodations are fully governed by part VIII of chapter
285    468.
286d.      In the event of a conflict between the provisions of
287    this chapter and the provisions of chapter 468, the provisions
288    of this chapter prevail.
289Section 9.  Paragraph (d) is added to subsection (4) of
290    section 721.14, Florida Statutes, to read:
291721.14       Discharge of managing entity.—
292(4)
293(d)      Timeshare management firms are governed by this
294    section and not by s. 468.4334(4).
295Section 10.  This act shall take effect January 1, 2027.
  Page 12 of 12
      CODING: Words stricken are deletions; words underlined are additions.
  hb465-01-c1